ML20005G756
| ML20005G756 | |
| Person / Time | |
|---|---|
| Issue date: | 12/26/1989 |
| From: | Mark Flynn, Vauz M NRC OFFICE OF ADMINISTRATION (ADM), PERSON-TO-PERSON, INC. |
| To: | |
| Shared Package | |
| ML20005G755 | List: |
| References | |
| CON-FIN-D-18620, CON-NRC-33-90-176 NUDOCS 9001230038 | |
| Download: ML20005G756 (82) | |
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L NRC-33-90-176 Page 2-The Contract 1is completed as follows: 1._. Section B.2, Supplies or services and Prices / Costs, is deleted in its entirety l and.the.following is substituted in lieu thereof: p - "B.2. SUPPLIES OR SERVICES AND PRICE / COSTS 1. On-Call Maintenance- '(a)-f00nna'l Duty Hours - 7:30 am to 4:30 pm, Monday through ' Friday. ' Estimated number of calls is 45/ year, 2 hours + per call, (180 hours over-2 years). 1st 30 minutes of work..............$ each additionel 15 minutes or [s fraction thereot....................$' e Estimated two (2) hour service call during normal duty hours..................................$ The _ average rate per hour is $ t Unit Estimated Number of Hours Unit Price Amount 180 Per Hour (b) Emergency. Hours - (Other than normal duty hours) -weekend-and holidays. Estimated number of calls is 45/ year, 2 hours per call.(180 hours over 2 yea rs ). 1st 30 minutes of work..............$ each additional 15 minutes or - fraction thereof....................S Estimated two (2) hour service call during emergency hours..................................! The average rate per hour is S Unit Estimated Number of Hours Unit Price Amount 180 Per Hour S' 2. Parts Estimated cost of replacement parts at actual cost......... 510,000.00 TOTAL 2-YEAR AMOUNT: $42,625.00 9001230038 891226 PDR CONTR NRC-33-90-176 PDC l I3 [ _ ' 1.
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-1. All indirect costs,- e.g., material handling costs associated ~ with parts, other overhead, general and administrative expenses, travel costs to and.from.the site, wages and profit shall be included in the hourly rate. I 4 2. The cost of parts / materials shall be ' reimbursed at ACTUAL U, cost. The Government estimate for parts / materials, $10,000 for the two- -year period, will be. added to the total amount proposed by each offeror. a. 3. The hourly. charges shall commence when the Contractor's service. employee arrives at the designated NRC service point and end upon completion of the repair effort at the designated NRC service point. 4. There shall be no additional charge for time spent by maintenance i personnel after arrival at the site awaiting the arrival of additional maintenance personnel:and/or delivery of parts, etc., after a service u call has commenced." i - 2. Section B.3, Consideration and Obligation--Delivery Orders, is completed as follows: l Subparagraph a., insert "$42,625.00" Subparagraph b, insert "$20,000.00" N 3. Section F.2, Duraction of Contract Period, is completed as follows: j ' The ordering perio'd for this. contract shall commence on a ser 22, o. 1989 and will expire on December 21, 1991." 4. Section G.1, Project Officer Authority, is completed as follows: i Name: Larry Wilcox Address: U. S. Nuclear Regulatory Commission d Division of Computer & Telecommunication Services Office of Information Resources Management Mail Stop 8703 Washington, DC 20555 Telephone No.: (301) 492-9777" l S. Section H.1, Key Personnel, is completed as follows: " Michael Vaughn Charles Young Steve Hall" 6. Section I, Contract Clauses, the f wing :lauses are deleted in their entirety: 1.14, Requirement for Certificate of Procurement Integrity -- Modification. 52.203-9 (May 1989) r
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4 m o , ;C U t..-t 2.t, 7 9 s -> i .c I > o, - NRC-33-90-176 1 _ Page-4 i.,):- t' - I.15, Remedies for Illegal or Improper Activity, 52.203-10 i l . (May 1989h I -si : . j - l b t f i I 4. -J e. L$- -t d e,* s t 4 f i l 1 a h )-! M. 2 c,- e umm -_._m_ _.______________________.-________m;
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- 1. This' contract is a rated order under DPAS(15 CFR 3S0) RATING:
m
- 2. CONTRACT NO.
l3. SOLICITATION N0;
- 4. TYPE OF SOLICITATION t
~ l RS-IRM-90-176-l ( ) SEALED BID (IFB) (X) NEGOTIATED (RFP)
- 5. DATE ISSUED'
- 6. REQUISITION / PURCHASE REQ. NO.
October -5,1989 .IRM-90-176 .7. ISSUED BY CODE !8.ADDRESSOFFERTO l (If other than Item 7). U.S. Nuclear Regulatory Commission l Offer must be addressed as shown r Div. of Contracts & Property Mgmt. l in Item,7. Handcarried offers Contract Neg.' Branch No. 1, P-1020 (including Express-Mail) must be Washington,' DC 20555 delivered to the address in Item 9 NOTE: In sealed uid solicitations, " offer" and " offeror"=mean " bid" and ?' " bidder". SOLICITATION
- 9. ' Sealed offers in original and 1 signed copies for furnishing the suoplies or-services in the Schedule-will be received at the place specified in Item 8, or m
if handcarried, in the depository located in-Room 1011, 7920 Norfolk Avenue, R Bethesda,. MD 20814, until 2:00 p.m. local time on November 6,1989. CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7'or'52.215-10. All offers are subject to all terms and conditions contained in this-solicitation.
- 10. FOR INFORMATIONlA. NAME:
lB. TELEPHONE NO. (In::lude Area Code) CALL: lTeresa McLearen (NO COLLECT CALLS) l l (301) 492-4290 l 11. TABLE OF CONTENTS 'X SEC DESCRIPTION PAGE(S) PART I - THE SCHEDULE .A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT r O PACKAGING AND MARKING e E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFE O S L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD 9, 0FFER (Must be fully completed by of feror) NOTE: Item 12 does not apply if the solicitation inciuces the provision at 52.214-16, Minimum Bid Acceptance Period. EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA l FAR(48 CFR) 53.214(c)
ya ~ p .. b : ] 7 ..:T.;; :T: N. ~ ; F El ' 'C '/ /- C Page 2 of 2 Pages + ,w f '12. In compliance with-the above, the undersigned agrees, if'this offer is- ~ ' ~ accepted'within In calendar days (60. calendar days unless a different period is' inserted by the offeror) from the date for receipt of offers specified- 'u .above,.to furnish any or all items upon.which prices are offered at the price .. set opposite each item, delivered at thel designated point (s), within.the time-specified in the schedule. '13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) o l101 CALENDAR DAYS '20 CALENDAR DAYS. 30 CALENDAR DAYS ___ CALENDAR DAYS ( 5 2 % NET % 14.. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of Famendments to the SOLICITATION for -offerors and related documents numbered and-dated ~ AMENDMENT NO. DATE AMENDMENT NO. DATE ISA NAME AND l CODE l l FACILITY l l16. NAME AND TITLE OF PERSON . ADDRESS-l PERSON-TO-PERSON,Inc. l AUTHORIZED TO SIGN OFFER OF' .l 1302 Lafayette Drive l (Type or print) 0FFERDR Alexandria, Va, 22308 N 1 S Vu@ 158. TELEPHONE.NO, (Include Area l15C. CHECK IF. REMITTANCE ADDRESS IS Code)( 703).7 6 S-7 900 ()DE N M EE-N M l ADDRESS IN SCHEDULF t' . 17,%IGNATUSE: j i l
- 18. OFFER DATE:
..Ci LC l I l-C';S-M l C i a <(c AWARD (To be completed'by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED;20. AMOUNT l21. ACCOUNTING AND APPROPRIATION i
- 22. AUTHORITY.FOR USING OTHER THAN FULL AND OpEN COMPETITION:
( ).10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN l ITEM
.(4 copies unless otherwise specified)
- 24. ADMINISTERED BY CODE l l25. PAYMENT WILL BE MADE BY CODE l
-(If other than Item 7) l U.S. Nuclear Regulatory Commission l Division of Accounting and Finance l GOV /COM Accounting Section Washington, DC 20555
- 26. NAME OF CONTRACTING OFFICER ;27. bHITED STATES OF AMERICA l28. AWARD (Type or Print) l l
DATE '(Signature of Contracting Officer)' i i IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice. I' EXCEPTION TO STANDARD FORM 33 (REV.4-85)
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.TAELE OF CONTENTS-DAGE ? [ SOLICITATION 0FFER AND-AWARD... 'l E y TABLE OF CONTENTS............... 3 y ~PART I'- THE SCHEDULE.................. 7 L d' SECTION B -' SUPPLIES OR SERVICES AND PRICE / COSTS.......... -7 -B.1,~ ~BRIEF DESCRIPTION OF WORK (MAR 1987) 7 B.2: SUPPLIES OR SERVICES AND PRICE / COSTS. 7 .B.3: CONSIDERATION AND OBLIGATION -- DELIVERY ORDERS....... 8 SECTION'C - DESCRIPTION / SPECIFICATION...... 9
- / WORK STATEMENT C.1-STATEMENT OF WORK (MAR 1987)..........
9 SECTION D - PACKAGING AND MARKING....... 14 D.I PACKAGING ~AND MARKING (MAR 1987)........,.... 14 .SECTION' E - INSPECTION: AND ACCEPTANCE............. 15 . E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE. 15 E.2 ' PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 15 SECTION F - DELIVERIES OR PERFORMANCE.... 16 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 16 l} F. 2. DURATION OF CONTRACT PERIOD (MAR 1987). 16 . ALTERNATE I (JUNE 1988) j SECTION G - CONTRACT ADMINISTRATION DATA.. 17 G.I' --PROJECT OFFICER AUTHORITY (JUNE 1988).. 17 'G. 2-REMITTANCE ADDRESS (MAR 1987).... 19 i SECTION.H. LSPECIAL. CONTRACT REQUIREMENTS.. 20 l H.1-KEY, PERSONNEL (JUNE 1988)..... 20-H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)... 21 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988).. 21 .H.4 ORGANIZATIONAL CONFLICTS OF INTEREST,,. 21 (OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) = H. 5 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS, 23 (JUNE'1988) . H. C GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED. 23 -(JUNE 1988) H7-SITE = ACCESS BADGE REQUIREMENTS (JUNE 1988). 23 H.8 POINTS OF CONTACT. 24 H.9 ESTIMATED NUMBER OF CALLS. 24 PART II - CONTRACT CLAUSES. 25 t SECTION I CONTRACT CLAUSES.. 25 i 1.1 NOTICE-LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 25 i I.2 ORDERING (FAR 52.216-18) (APR 1984) 26 I.3 REQUIREMENTS (FAR 52.216-21) (APR 1984) 26 1.4 CLAUSES INCORPORATED BY REFERENCE 27 s (FAR 52.252-2) (JUN 1988) 1.5 DRUG-FREE WORKPLACE (FAR 52.223-6). 27 I.6 PROMPT' PAYMENT (52.232-25) (APR 1989) 29 I.7 DISCOUNTS FOR PROMPT PAYMENT (52.232-8) ( APR 1989) 34 f. I.8 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS. 34 (52.232-28) (APR 1989) 1 r" u.
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x p, g g a C -TABLE OF CONTENTS PAGE- .L . l.9 ? SERVICE CONTRACT - ACT OF 1965, AS AMENDED (52.222-41).... 36 -4 _(MAY=1989) ?l'.10 STATEMENT-OF EQUIVALENT RATES FOR FEDERAL HIRES...... 43 (52.222-42)'(MAY.1989) 1.11 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -......' 44 PRICE ADJUSTMENT'(MULTIPLE YEAR AND OPTION CONTRACTS) "(52.222-43) (MAY 1989) - i r ~
- 1.12 ORGANIZATIONAL CONFLICTS' 0F INTEREST CLEARANCE NUMBER,..
45 i 3150-0112) (JUNE 1988) i + .l.13 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS.... 47 { .-(FAR 52.225-13) (MAY 1989) .I.14' REQUIREMENT FOR CERTIFICATE OF PROCUREMENT......... 48 1 INTEGRITY -- MODIFICATION (52.203-9) (MAY 1989) i ' I.15. REMEDIES FOR ILLEGAL -OR IMPROPER ACTIVITY,........ 50 (52.203-10)(MAY1989) -I.16 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING.. 52 WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR 1) . DEBARMENT (52.209-6)-(MAY 1989) 1 l.17.- INSURANCE,........................ 52 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER, 53 ATTACHMENTS SECTION J - LIST OF ATTACHMENTS......... . 53 - J.1; _ ATTACHMENTS (MAR 1987)..... .............53 PART IV -- REPRESENTATIONS AND INSTRUCTIONS,,........... 54 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND..... 54 ( . OTHER STATEMENTS OF 0FFER0RS .K,1 CONTINGENT FEE REPRESENTATION AND............. 54 AGREEMENT (FAR 52.203-4)( APR 1984) K.2 TAXPAYER IDENTIFICATION (FAR 52.204-3) (NOV 1988)..... 54 ..i K.3 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987'.. 56 K.4 AUTHORIZED NEGOTIATORS (FAR 52.215-11) ( APR 1984).. 56 K.5 SMALL BUSINESS CONCERN REPRESEtlTATION............ E6 (FAR 52.219-1) (MAY 1986) - K.6 SMALL' DISADVANTAGED BUSINESS CONCERN..-......... 56 REPRESENTATION (FAR 52.219-2) (ARP 1984) K.7 WOMEN-0WNED SMALL BUSINESS REPRESENTATION. 57 (FAR 52.219-3) (APR 1984) K.8 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS... 53 (FAR 52.220-1) ( APR 1984) K9 CERTIFICATION OF NONSEGREGATED FACILITIES 56 (FAR 52.222-21) (APR 1984) K.10 ~DREVIOUS CONTRACTS AND COMPLI ANCE REPORTS 59 ',FAR 52.222-22) ( APR 1934) e K.11 AFFIRMATIVE ACTION COMPLIANCE............... 59 (FAR 52.222-25) (APR 1984) K.12 BUY AMERICAN CERTIFICATE...........,... 60 (FAR 52.225-1) ( APR 1984) K.13 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988).. 60 K.14 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988)...... 60 K.15 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988). 61 ( 3
,y L.: p g TABLE OF CONTENTS PAGE 1 K.16 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE........ 61 (FAR52.223-5) K.17 NOTICE-0F RESTRICTIONS ON CONTRACTING WITH SANCTIONED.... 63 PERSONS (FAR 52.225-12) (MAY.1989) K.18. REQUIREMENT FOR. CERTIFICATE OF PROCUREMENT INTEGRITY.... 64- . (FAR 52-203-8) (MAY 1989) K.19' CERTIFICATION REGARDING DEBARMENT, SUSPENSION,....... 66 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (52.209-5)-(MAY1989) .SECTION!L - INSTRUCTIONS, CONDITIONS, AND NOTICES.' 68 TO OFFER 0RS L1 -NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED. 68 + 'BY REFERENCE L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)..... 68-L.3 -. SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988). '68 L.4 SOLICITATION PROVISIONS INCORPORATED BY. 69 REFERENCE (FAR 52.252-1) (JUN 1988) ' L. 5 ESTIMATED DURATION (JUNE 1988).... 69 L.6 ACCEPTANCE PERIOD (MAR 1987).......... 69 L7 SMALL BUSINESS SIZE STANDARD:AND PRODUCT CLASSIFICATION 69 (MAR--1987) ALTERNATE I (MAR 1987) L.8 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS 70 (JUNE 1988) L9 DISPOSITION OF PROPOSALS (JUNE 1988)............ 70 L.10- NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901)(MAR 1987).. 70 L 11; DATA UNIVERSAL NUMBERING SYSTEri (DUNS) NUMBER (MAR 1987).. 71 L 12 TIMELY RECEIPT OF PROPOSALS / BIDS-(JUNE 1988)........ 71 L.13 PROPOSAL PRESENTATION AND FORMAT (JUNE.1988) 71 L 14 CONTRACTOR ES{iADLISHMENT CODE (52.204-4)(Aug 1939) ALTERNATE ~II-JUNE 1988) 71 SECTION H - EVALUATION FACTORS FOR AWARD.............. 74 M.1 . NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED.... 74 BY REFERENCE M.2 CONTRACT AWARD AND EVALUATION OF PROPOSALS (JUNE 1988)... '74 M.3 PREAWARD ' SURVEY,...... )'. .. EVALUATION CRITERIA (MAR 1987 75 M.4 78
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- RS-IRM-90-175 y
^(, -PART I~ ~THE~ SCHEDULE SECTION'B - SUPPLIES OR SERVICES AND PRICE / COSTS I s B.1: BRIEF DESCRIPTION OF. WORK (MAR 1987)- .The' Contractor shall provide on-call maintenance for the U.S. Nuclear Regulatory h,, Commission's twelve (12) Toshiba Electronic Key' Systems with' instruments and associated M . ancillary equipment in accordance with the s s, requirements specified under Section C-- Description / Specification / Work Statement.- 1 (End of Clause) 'B.2 ' SUPPLIES OR SERVICES AND PRICE / COSTS ESTIMATED .. ITEM N0. OF UNIT 'No. ' SUPPLIES / SERVICES HOURS UNIT - PRICE AMOUNT 1 On-Coll Maintenance' -(a); Normal Duty Hours - 7:30 am --to 4:30 pm, Monday through . Friday - Estimated number . of calls 45/ year, 2 hours =g .pe r c a l l................... 18 0 Per S S (2 years) Hour .(b) Emergency Hours - (Other, than normal duty hours) weekends and holidays - Estimated number of calls 45/ N 2 h urs per call... year, 180 Per S S (2 years) Hour I:, 2. Parts E Estimated cost of replacement l parts at actual cost....... 1 Lot 510,000 TOTAL 2-YEAR AMOUNT S NOTE: 1. All' indirect costs, e.g., material handling costs associatec w1:n Darts, other overnead, general anc acministratwe exDenses, travel costs to and from the site, wages and profit shall be inciuced in the hourly rate. l' 2. The cost of parts / materials shall be reimoursed at ACTUAL cost. The Government estimate for parts / materials, 510,000 for the two-year period, will be acced to the total amount proposec by each offeror. Le f.p h t, y
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- 3. ' Charges shall be computed to-the' nearest one-half hour. The-hourly charges shall commence when the Contractor's service employee arrives at the designated NRC service point and end upon completion of the repair effort at the ' designated NRC service point.'
J: 4 There shall be no additional charge' for time spent by maintenance , personnel after arrival at the site. awaiting the arrival of additional maintenance. personnel and/or delivery _ of parts, etc., 'af ter a service call'has commenced. g ~ B.3-CONSIDERATION AND O3 LIGATION--DELIVERY ORDERS (JUNE 1988) The' total estimated amount of this contract (ceiling) for a. the products / services ordered, delivered, and accepted under this Contract is *~ The Contracting Officer may unilaterally . increase this amount as necessary for orders to be placed with the-contractor _ during the contract period provided such orders are within any' maximum ordering limitation prescribed under this contract,
- b.. The amount presently obligated with respect to this contract
-is * '. The Contracting Officer may issue orders 'for work up to amount presently obligated. This obligated amount may be uni- ,.luerally increased from time to time by the. Contracting Officer by . written modification to this contract. The obligated amount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if-the-amount (s) paid and payable to the -Contractor - hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of t.he work unless and until the Contract.ing Officer shall increase the amount obligatec with respect to this contract. Any work undertaken by t;he Contractor in excess of the obligated amount specified above is done so at the , Contractor's sole risk. (End of Clause) ', h l
WP fn j .o ~ m. L i [, RS-IRM-90-176~ Page 9. Section C r % i SECTION C - DESCRIPTION / SPECIFICATION-h ./ WORK STATEMENT bf e, i I C.1l STATEMENT OF WORK (MAR 1987) g .C.1 . STATEMENT OF WORK C.1.' 1
Background
~ .:The Nuclear Regulatory commission (NRC) has consolidated V more than~ half of the' Headquarters staff into a new eighteen story building located'at 11555 Rockville Pike, Rockville, Maryland. Twelve (12) Toshiba Electronic Key Telephone Systems.have been installed at the new location on the 17th and 18th floors. This equipment is used. exclusively by NRC top management officials. Therefore,. timely and expert maintenance is essential. C.1.2 Objective' The purpose of this contract is to provide maintenance, l s ' installation, moves, feature rearrangements, repairs, and replacement parts for NRC-owned Toshiba Electronic Key Telephone
- Systems, j
C.1.3 -Scope of-Work l The Contractor shall provide on-call maintenance which shall include all necessary personnel, materials, equipment, j repair parts, and transportation at the prices set forth under - Section B for servicing the twelve (12) Toshiba Electronic Key [ Systems, with instruments and associated ancillary equipment listed in Section C.I.3.1 and C.1.3.2. On-call maintenance shall ~ be ' performed upon notification, by the NRC Project Officer to the Contractor that the equipment is inoperative or unsuitable for operation. - C.1.3.1 Equipment Listing ITEM PRODUCT DESCRIPTION INSTALLED i HUMBER QUANTITY p 1 HKSU-801 STRATA XIIe 6 2 HCAU/CAAU CPU MEMORY UNIT 6 3 HCBU AUX CPU UNIT 6 ~ 4 HINU INTERCOM UNIT 5 5 HPSU 8120 POWER SUPPLY 6 6 HKSU-901 STRATA XXe KSV 4 ( 7 HCAU/CAAU CPU MEMORY UNIT 4 8 HC8U AUX cpu UNIT 8
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[ w y: /RS-IRM-90-176 >Section C D M 59-HINU- . INTERCOM UNIT 4 [ i
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,HPSU-9120-POWER SUPPLY-: 4 p-
- 11 EKT-6020-S 20 BUTTON TELEPHONE
'37 C 12' EKT-6010-S 10 BUTTON TELEPHONE 73 .t 13. .HSTU-2 U' 14 'HOSS-6060-. STATION INTERFACE UNIT 25 m DOS CONSOLE 21 15-HPBU-8 BATTERY BACKUP PCB 10 16-HC00 CO INTERFACE $2 U ' 17.- STAU CROSS POINT UNIT 10 J18 BTTY _ 'POWERSONIC JELL CELL 20 19: '6020-S 20 BUTTON TEL W/ SPEAKER 2
- 20' 6010-S-B 10 BUTTON TEL W/ SPEAKER 13 s
C.'1.3.2 Maintenance on Spare Equipment c O I HKSU-801, STRATA XIIe KSU '1 r 2. HCAU/CAAU CPU MEMORY UNIT 1 .3 HCBU AUX CPU UNIT-1 l -4' HINU INTERCOM UNIT 1 5 HPSU-8120 POWER SUPPLY-1 6 -HKSU-901 STRATA XXe KSU 1 '7 'HCAU/CAAU. CPU MEMORY UNIT 1 8 HCBU AUX CPU UNIT 2 l 9 HINU-INTERCOM UNIT 1 10 HPSU-9120 POWER SUPPLY 1 i, 11 EXT-6020-S 20 BUTTON TELEPHONE 15 12 EXT-6010-5 10 BUTTON' TELEPHONE 10 13 HSTU-2. STATION INTERFACE UNIT 3 14 HDSS-6060 DSS CONSOLE 4 15 HPBU. BATTERY BACKUP PCB 2 16 HCOU-CO INTERFACE 5 17-HPLU-HOLB/HTIB INTERFACE 6 ,18 -' HTIB TIE LINE MODULE 3 19 MRGU12-A 48V POWER SUPPLY 2 20 STAU CROSS POINT UNIT 1 21-6020-SD 20 BUTTON TEL W/tCD DISP 2 C.1.3.3 Installed Systems The installed systems have the following minimum
- capabilities, functions and features.
Busy Lamp Field Speed Dialing Automated Call-back Intercom Integrated Speakerphone Automatic Line Selection Do Not Disturb Distinctive Ringing Flash Key Hute Key Privacy Saved Number Redial Intercom -{ Station Busy Lamps on non-answering Station Sets Battery Backup for System Memory m
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w tY ...:3-::y-g- m W ' Pagtt 11' p -3e w :r : E 1 p Centrex Compatible F 1 Direct Line Termination arid Line System Programming-2' a . L C.1.3.4 Maintenance h . _(a) On-cal 1 maintenance shall be provided during normal-f; f duty hours (7:30 am to 4:'30 pm, Monday through Friday).
- Also, emergency on-call maintenance shall be provided after normal _ duty hours and on weekends and holidays..The NRC Project'0fficer shall.
y be the-only designated representative. to authorize work to. be. provided under Section B.2.1(b).: The Contractor shall respond h to normal service calls within eight (8): hours and within four -(4) hours for emergency service. calls. Li ' (b) The-Contractor shall be responsible for maintaining all Toshiba Key System equipment not covered under warranty and shrll be < responsible for the repair of equipment for which the warranty expires during the period of this contract. Warranty coverage. applies;only to equipment acquired during the period of this. contract. ' Equipment listed in C.1.3.1 is no longer under warranty. s (c)' The Contractor shall obtain approval fr:m the Project 0fficer prior to removing or substituting equipment that is covered by a manufacturer. or vendor warranty. Upon receiving approval from the Project Of ficer, the Contractor shall remove the L defective item and substitute like/camcarable q uipment. The Contractor shall then proceed to coordinate the repair in accordance with instructions received from the approoriate manufacturer or vendor. The Contractor shall monitor all -manufacturer / defective _ item (s) repaired and returneo. The Contractor shall check all newly repaired items to ensure their operational readiness. The repaired items shall then be piaced in the NRC inventory. The Contractor _shall immediately advise the Project Officer of the unavailability of. items necessary for the replacement of' defective equipment or parts. C.l.3.5 Service Call Procedures (a) The NRC Project Officer or designee will notify the Contractor by telephone of the need for services. The NRC Project Officer or designee are the only individuals authorized to place service calls under this contract. The Nuclear Regulatory Commission will not be held liable for any costs incurred by the Contractor through performance in response to service calls accepted from unaurnor1:ed personnel. At Ine Olme tr.e recuest ir service is mace, the Contractor will be provided with the following information: Type of Response RequirM (routine or emergency) a. f b. Location, type of equipment and NRC Tag Numoer i c. Descriotion of problem, 'f know c. Status of Equipment (whether it is ::verec by b g _. I
l9f + .Page 12 Section C t: RS-IRM-90-176 g>, manufacturer orfvendor warranty) b e. Name'and telephone number of user / customer (( d ....-(b) Th'e Contractor'shall document each service call through the'use of a numbered work order system acceptable to the m .NRC. A legible copy of each completed work order shall be submitted to the NRC. Project Officer within. twenty-four (24) hours .j after completion of ~ ehch. service call ^ and shall contain~ the i following as a minimum: Work Order Number Date and time service call received Name of person placing service call f Date and time of-arrival at work site f = Name, nomenclature and tag number of equipment Description of action taken : Chargeable time. spent on. service call
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Chargeable time spent in of f-site ~ service / repair .j Other remarks'(as applicable) Signature of customer, to include time and date
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Signature of service technician with time and date -(c) In the event the Contractor is unable to gain access l M to the office in which the equipment requiring repair is located, NRC!s Telecommunications: Branch. shall be called for assistance and the work order shall be annotated to indicate the conditions or circumstances as follows: i Cause r' Location Date and Time Signature and telephone number of NRC personnel j i having knowledge of the situation w (d) The Contractor shall provide the Project Officer the points cf contact for maintenance both during and after normal i duty hours, to include primary and alternate telephone numbers, j pager number, etc. The cost for'providing the points of contact j shall be at no additional cost to the Government. C.I.3 6. Inventory y The Contractor shall maintain an inventory of Toshiba parts, tools and instruments necessary to properly and ef ficiently meet i the requirements of this contract based on the equipment listed in Section C.1.3.1. Only new remanufactured, or refurbished M materials / components, equivalent in quality to new items, shall be 1 used in the maintenance of the Toshiba Key Systems. Materiais removed from the system shall become the property of the NRC. All NRC-approved charges-for major or minor parti and materials necessary for the maintenance of the Key Systems shall be paid for by the NRC upon receipt of a properly executed invoice. All materials and parts purchased for reimbursement under this l 7 contract shall become the property of the NRC. For the purpose of this contract, minor materials are those which cost 5100.00 or l' l
ps 9' (g N Page 13 lRS-IRM-90-176 Section C-n,q ~ 4; g ~ F c less,Kand major materials are those which cost 5100.01' or more. The Contractor shall obtain prior written approval from the PO for R t z 11 lalli purchases of parts and materials exceeding 5100.00.in value. V
- The Contractor shall_ procure parts and materials at the most c
advantageous _ prices available with due regard to securing prompt K, discounts, rebates, allowances, credits, salvage commissions, and-4 U other= benefits. When unable to take advantage of such benefits, ~ b the~ Contractor shall promptly notify the designated NRC . Contracting Officer and give the reasons therefore. E L C.1.3.T= Alternations 8 _V-The: Contractor shall make no alternations, modifications L or changes to. the original configuration of NRC-owned systems without. specific verbal or written authorization from the NRC Project Officer. In addition, the Contractor shall not disable, b ' by pass;or otherwise render inoperative any built-in safety devices or mechanisms associated with the systems under this contract. f .C.1.3.8 Contractor Responsibilities t I I (a) All documenta! tion software manuals, diagnoftic equipment and. routines and any.other aids necesiary to perform service under~ this contract shall ~be furnished by the Contractor whose property it shall remain. The NRC, as a party to.this ' contract', shall not be required to. aid in the acquisition nor furnish abcse items necessary to perform under the terms of the contract. j .(b) All installations, removals, relocations, and repairs shall.be made in conformance with communications industry standards and practices. All areas in which work is performed shall'be left broom clean and free of debris. y (c) All surfaces (to include, but not limited to:. 'k floors, walls, ceilings, doors and windows) which are damaged or i marred by the Contractor shall'be repaired by the Contractor at no R cost to the Government. l C.1.3.9 Government Responsibilities (a) Subject to security regulations, the Government will j provide access to the equipment which is to be maintained. NOTE: ONLY U.S. CITIZENS MAY HAVE UNESCORTED ACCESS TO NRC'S BUILDINGS. I (b) The Government will provide the necessary floor plans, cable records, and other documents necessary to satisfy the requirements of this contract subject to applicable Government D privacy and security rules, regulations and procedures. l (End of Clause) f 4
l .s A. l X Page 14 RS-!RM-90-176 Section D SECTION D - PACKAGING AND MARKING . t. i. I.- t. D.1 PACKAGING AND MARKING (MAR 1987) The Contractor. shall package material for shipment to the NP.C in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of,the package, the Contractor shall clearly identify the contract number under which the product is being provided. (End of Clause) 4 F t 9
'^ T 4 o,. Page Ib O RS-IRM-90-176 5:ction E SECTION E - INSPECTION AND ACCEPTANCE 4 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) NUMBER DATE TITLE 52.246-6 JAN 1986 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination. (End of Clause) 5
' V**~Q . ' RS-IRM-90-i76 - Section F ,h ' a. : -SECTION F - DELIVERIES OR PERFORMANCE j., - g F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:. The following ' solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by mI, reference:- L FEDERAL ACQL'l$1 TION REGULATION (48 CFR CHAPTER.1) NUMBER DATE TITLE S2.212-13 -APR 1984STOP-WORK ORDER .52.247-34.APR 1984 F.O.B. DESTINATION -52.247-541 APR 1984 OIVERSION OF-SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS F.2. DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE I (JUNE 1988) The ordering period for this contract shall commence on and will expire on _.__*__. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216-18.- Ordering). (End' of Clause) l r n-. w -,s
s,_ ~ ~ R 6; 'c 6o 7'4' Page 17 j qs.;;m.90-176 Section G-m j b j 3 2, 1 SECTION G - CONTRACT ADMINISTRATION DATA l 4 .I.- J. G. I' PROJECTOFFICER~ AUTHORITY (JUNE 1988) i 1 a. The' Contracting Officer's authorized representative [ hereir.af ter referred to as the Project Officer for this contract is:- r ,n .Namei AJdress: + t t p Telephone Number: i I b. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer. The term " Technical Direction" is defined to include the.following: 6 ,i ;, 1) Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.
- 2) _' Provide' advice and guidance to the Contractor in the
( preparatien of' drawings, specifications or technical portions of the L
- work description.
h.- 3) Review and, where required by the contract, approval ..of' technical reports, drawings, specifications and technical - information to be delivered by the Contractor to the Government 0 under the contract, h c. Technical direction must be within the general statement of - work stated in the contract,.The Project Officer does not have the authority to and may not issue any technical direction which: j !) Constitutes an assignment of additional work outside the general scope of the contract.
- 2) Constitutes a change as defined in the " Changes" clause I
of this contract.
- 3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required j
for contract performrt.ce. (
- 4) Changes any of the expressed terms, conditions nr Ec
A ~ Page IB L)h/ R5-IRM-90-176 Sectiet G cj specifications of the contract. L
- 5). Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive
- whatever,
- d. :All technical directions shall be issued in writing by the Project Officer er shall be confirmed by such person in writing L
within ten (10) working days after verbal issuance. A copy of said wr_itten direction shall be furnished to the Contracting Officer. e. The Contractor shall proceed promptly with the performance L of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority 3 L under the provis1cns of this clause. f. If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working-days after the receipt of any such instruction or direction and shall request.the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Of ficer's opinion, the technical direction is within the l. scope of this article and does not constitute a change under the Changes Clause, g. Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance and may even result in the Contractor expending funds for unallowable costs under the contract. h. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes. i. In addition to providing technical direction as defined above, the Project Officer is responsible for:
- 1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.
- 2) Assisting the Contractor in the resolution of technical problems encountered during performance.
- 3) Reviewing all costs n...-
wr reimoursement oy tne Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for sucolies and services rcquired under this contract. ( (End of Clause)
p .d N ' Page 19- .1. ~. -
- n M r. h >
- R$-!RM-90-175 Section-G A gt T r..u ,g, ' m.! G. 2 -- REMITTANCE ADDRESS (MAR 19877 s; If. item 15C. 'of the Standard Form 33 has been checked,1 enter
- 3 ;/:
the remittance address below,; Name: J- . Address: +4 s , ;( - (End of Clause) .e E A .,'u O ~t, b i 4 ) I ? ..} t i ft s i s> .I a 5 m% - F r 1 1 .4{- ) k ~ e. t e w-,,_, --m -4.-- v ,_,s v-3 --e r-ry-
's ..r. Secticn H R$=IRM-90-176 SECTION H - SpECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (JUNE 1988) a. The following individuals are considered to be essential to the successful performance of the work hereunder. e The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof. b. If one or more of the key personnel, for.vhatever reason becomes, or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Of ficer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. c. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute and other information requested by the Contracting Of ficer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her appreval or disapproval thereof in writing, d. If the Contracting Officer determines that:
- 1) Suitable rnd timely replacement of key oersonnel who have been reassigned, terminated or have otherwise becFme unavailable for g
the contrac,t work is not reasonably forthcoming; or
- 2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss
{- or damage. l - - - - ~ - - -, - - - - -, - - - - - - - -, - - - - - -. -
.-----.------_---------,-------__--_,.--.-_---_-.--.---_-,.-a--,__-------__--,-------__m
,a
. gy., O ' * ~ psge 21 2*. DS IRM-90-176 Section H (End of Clause) ( H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987) The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect _the health ^ and safety of employees'and of members of the public and to minimize danger from all hazards to life and property and shall comply with [ all applicable health, safety, and fire protection regulations and L requirements (including reporting requirements) of the Commission L and the Department of Labor. In the event that the Contractor fails b - to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. i: (End of Clause) -H3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988) n Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data develoced or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract. (End of Clause) H.4 ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (JUNE 1968) 4. 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 interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
b. Scope. The restrictions described apply to performance or participation by the Contractor as defined in 48 CFR 2009.570-2 in the activities covered by this clause, c. Work for others. Notwithstanding any other provision of this contract, during the-term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may p give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all W __n-
w Page 22 RS-IRM-90-176 Section H -employees under this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any employee that any proposed consultant or other contractual arrangement with i any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement. d. Disclosure after award.
- 1) The Contractor warrants to the bes.' of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest, as defined in 4S CFR 2009.570-2.
- 2) The Cnntractor agrees that, if if ter award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement must include a description of the action which the Contractor has taken or proposes to take to avoid'or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government, 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 released to the public, the Contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information fer a period of six (6) months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless the information has previously been released to the public by the NRC.
- 2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat the information in accordance f
with restrictions placed on use of the information, i
w's L. ja ,1 i 4 Page 23 RS-RM-90-176 Sectior -
- 3) The Contractor shall have, subject to patent anc security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
f. Succontracts. Except as provided in 48 CFR 2009.570-2(g), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and " Contracting Officer," must be appropriately modified to preserve the Government's rights, g. Remedies. For breach of any of the above restrictions or fcr intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representatier.s that necessarily imply bad f aith, the Government may terminate the contract for def ault, disqualify the Contractor from subsequent contractual efforts, and Oursue other remedies permitted by law or this contract. { h. Waiver. A request for waiver under this clause must be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in acccrcance with the crotecures outlined in 48 CFR 2009.570-9. (End of Clause) H.5 DETERMINATION OF MINIMUM WAGES AND FRINGE BENErITS (JUNE 1988) Each employee of the Contractor or any subcontractor performing services under thi s contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed urcer Wage Determination Number 56 '255(Rev.E, datec Se;te Der 2_, '^EE. (See Section J for List of Attachments). (End of Clause) H.6 GOVERNMENT FURNISHED EQUIPMENT /DROPERTY - NONE PROVIDE 0 (JUNE 1988) The Government will not provide any equipment / property under this contract. (Enc of Clause) H.7 SITE ACCESS BADGE REQUIREMENTS (JUNE 1988) During the life of this contract, the rights of ingress and egress i for contractor personnel shall be mace available as reauirec I-thi; regard, all contractor eersonnel whose duties under th's contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Governmect The Project Officer will assist the Contractor in obtaining ne badges for the contractor personnel. 't is the sole responsibij of the Contractor to insure that each employee has procer =
) { 'RS-IRM-90-176-Section H identification!at all times. All prescribed 'dentification shall be immediately delivered to the Security Office for cancellation or disposition upon the termination of employ
- tee.t of any contractor personnel. Contract personnel must have-this identification in their possession during on-site performance under this contract.
It -is the Contractor's duty to assure the safeguarding of any Government records or data that contractor personnel may come into contact with. Adherence with special requirements for Foreign Nationals, in accordance with NRC Manual Chapter 2101, Part VII.C is the responsibility of the Contractor. (End of Clause) H.8 POINTS OF CONTACT The Contractor designates the following as a point (s) of i contact for its firm to receive notification of calls: From 7:30 am to 4:30 pm, Monday through Friday: Name Telephone Number From 4:30 pm to 7:30 am, Monday through Friday, and Saturdays, Sundays and Holidays: Name Telephone Number (End of Clause) H.9 ESTIMATED NUMBER OF CALLS The estimated number of calls in Part I - The Schedule, are estimates and may not reflect the actual quantities which may be required. Such estimated quantities will depend entirely upon the Commission's requirements and the Commission will be obligated to pay for work actually ordered and satisfactorily performed at the rates specified. If the cited requirements fail to materialize in the quantities estimated, such failure shall not constitute grounds for equitable adjustment. If the above requirements exceed the estimated quantities, additional funds will be provided by a unilaterel modification to the contract at the rates specified. (End of Clause) I
s q g
- +
43 ' O-RS-IRM-90-176 Page 25 ~ 3,et1on ! p F PART II - CONTRACT CLAUSES s T SECTION I CONTRACT CLAUSES r ( I.1 NUTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE: The following solicitation provisions and/or. contract clauses pertinent to this section are hereby incorporated by reference: [g FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR'1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES t 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTCR SALES TO THE GOVERNMENT 52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.210-5 APR 1984 NEW MATERIAL 52.210-7 APR 1984 USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FORMER SURPLUS GOVERNMENT PROPERTY 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1988 AUDIT -- NEGOTIATION 52.215-26 APR 1987 INTEGRITY OF UNIT PRICES 52.215-33 JX' 1986 ORDER OF PRECEDENCE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED = BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-1 APR 1984 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRHATIVE ACTION FOR SPEC ~AL DISABLE 0 AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA ( 52.225-3 AUG 1988 BUY AMERICAN ACT -- SUPPLIES
4 t k w .o
- c. ?
RS-IRM-90-176 Page 26 section I m' 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 2984 NOTICE AND ASSISTANCE REGARDING PATENT AND TOPYRIGHT INFRINGEMENT U U 52.232-7 APR 1984 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS . ALTERNATE I (APR 1984) 52.232-17 APR 1984 INT' CREST 52.222-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I ( APR 1984) 52.233-3 AUG 1989 PROTEST AFTER AWARD v 52.237-2 APR 1984 PR0TECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION 52.243-3 AUG 1987 CHANGES -- TIME-AND-MATERIALS OR LABOR-HOURS 52.244-3 APR 1985 SUBCONTRACTS (TIME-AND-MATERIALS AND 1, ABOR-HOUR CONTRACTS) 52.245-4 APR 1984 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) 52.246-23 -APR 1984 LIMITATION OF LIABILITY 52.246-25 APR 1984 LIMITATION OF LIABILITY -- SERVICES 52.249-6 MAY 1986 TERMINATION (COST REIMBURSEMENT) ALTE.RNATE IV (APR 1984) 52.249-14 APR 1984 EXCUSABLE DELAYS 52.228-5 APR 1984 1:15URANCE - 00RK ON A GOVERNMENT INSTALLATION 1.2 ORDERING (FAR 52.216-18) (APR 1984) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from the ef fective date of the contract through the enc of the effective period. (b) All delivery orders are subject to the terms and cond tions of .this contract. In the event of conflict between a delive y. ar and this contract, the contract shall control. (c) If mailed, a delivery order is considered " issued" wher the Government deposits ,e order in the mail. Orders may oc t;s co orally or by written telecommunications only if.uthor'2ed in se Schedule. (Enc! of Cisuse) I _. 3 REQUIREMENTS (FAR 52.216-21) (APR 1984) (a) TMs is a requirements contract for the,upplies or services j specified, and effective for the period str.ted. in the Schedule. The quantities of supplies or services soecified in the Schedule are estimates only and are not purchased tn this contract. Except as ( this contract may otherwise provide. if the Governinent's
~. RS-IRM-90-176 PE9e 27 Section ! p requirements do not result in orders in the quantities described as i f. " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. i" f (b) Delivery or performance shall be made only as authorized by F orders issued in accordance with the Ordering clause. Subject to i any' limitations in the Delivery-Order Limitations clause or ' elsewhere in this contract, the Contractor shall furnish to'the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. [ The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the t Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this
- contract, t<
(e)! If the Government urgently requires ! delivery of any quantity i of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract af ter two months after the expiration date of this contract. (End of Clause) 1.4 CLAUSES INCORp0 RATED BY REFERENCE G (FAR 52.252-2) (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Of ficer will make their full text available, p (End of Clause) I.5 DRUG-FREE WORKplACE (FAR 52.223-6) (a) Definitions. As used in this clause, ( " Controlled substance" means a controlled substance in schedules
H 3 r Page 28 Section I l lq R$ 1RM-90-175 ur L ; I through V of section 202 of the Controlled Suostances Act (21 r I U.S.C. 812) and as further defined in regulation at 21 CFR 1308,11-1308.15. t " Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. n " Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, 7 -possession or use of any controlled substance. p U " Drug-free workplace" means a site for the performance of work done in connection w!th a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution,. dispensing, possession, or use of a controlled substance. " Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract. " Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor. (b) The Contractor, if other than an, individual, shall -- (1) Publish a statement notifying its employees that the unlawful manuf acture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for -violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about-- ( he dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistar.ce program:;; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Provide all employees engaged in perfortranca of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in the statement required by subparagraph (b)(1) of this clause, that as a conditt n of continued employment on this contract, the employee will -- Q hC
Q RS-IRM-90-176-Section I .v j (1) Acide by the terms of the statement; and '(11) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) l days after such conviction. w (5) Notify the contracting officer within ten (10) days afttr receiving notice under ubdivision (a)(4)(ii) of this clause, from an employee or otherwise receiving actual. notice of such conviction; (6) Within 30 days after receiving notice under subparagraph -(a)(4) of this clause of a conviction, impose. the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such. employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain t drug-free workplace through' implementation of subparagraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful-manuf acture, distribution, dispensing, possession, or.use of a controlled substance in the performance of this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, render the contractor subject to suspension of contract payments, termination of the contract for def ault, and suspension or debarment. (End of Clause) 1.6 PROMPT PAYMENT (52.232-25) ( ApR 1989) Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified. (a) Invoice Payments (1) For purposes of this clause, " invoice payment" means a ( Government disbursement of monies to a Contractor under a contract )
y hh ',4 - Page 30 m RS-IRM-90-176 Section 1 y or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the Contractor. (2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two p'?' events: p (1) The 30th day after the designated billing of fice has received-t "t a proper invoice from the Contractor, c -? (ii) The 30th day after Government acceptance of supplies b delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement e [ actions, acceptance shall be deemed to have occurred on the l effective date of the contract settlement. Hcwever, if the i designated billing office fails to annotate the invoice with the actual date of receipt, the invoice. payment due date shall be deemed L to.be the.30th day after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. s l (3) The due date on contracts for meat and meat food products, contracts for. perishable agricultural commodities, contracts for i dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows: (i) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)) and further defined in Pub. L. 98-181 to include any edible fresh or frozen poultry meat, an perishable -poultry meat foci product, fresh eggs, and any perishable egg product, will be as-7 close as possible to, but not later than, the 7th day after product delivery. (ii) The due date for perishable agricultural commodities, as - defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless T another date is specified in the contract. (iii) The due date_for dairy products, as defined in Section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fsts or oils, will be as close as possible to, but not later than the 10th day af ter the date on which a proper invoice has been received. f: (4) An invoice is the Contractor's bill or written request for (. payment under the contract for supplies delivered or services m,,
f = 4 ,.o o RS-IRM-90-176 Section I a performed. An invoice shall be prepared and submitted to the designated billing officer specified in the contract. A proper invoice most include the items listed in subdivisions (a)(4)(1) through (a)(4)(viii) of this clause. If the invoice does not comply with these requirements, then the Contractor will be notified of the -defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat and meat food prcducts and 5 days for perishable agricultural commodities,- edible fats or oils, and food products prepared from edible fats or oils). Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause. e (1) Name and address of the Contractor. (ii) Invoice date. i: (iii) Contract number or other authorization for supplies delivered or_ services performed (including order number and contract h lineitemnumber). i. (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performqd. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is t.o be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title,cphone number and mailing address of person to be notified in event of a defective invoice. (viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment). (5)_ An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(5)(1) through (a)(5)(iii) of this clause are met, if applicable. An interest penalty shall not be paid on contracts awarded to foreign vendors outside the United States for work performed outside the United States. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition. I l L_ L__- _
' jir, - 89' Section'I ns.1RM-90-176 r 0 -(iii) In the case of a final invoice for any balance of funds due i the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. ,t (6).The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes i Act of 1978 (41 U.S.C. 611) that is in effect on the day after the 'dve date, except where the interest penalty is prescribed by other governmental authority. This rate is referred to as the " Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will p be added to the approved invoice payment amount and be subject to e interest penalties if not paid in the succeeding 30-day period. If L the designated billing office failed te notify the contractor of a defe:tive invoice within the periods prescribed in paragraph (a)(4) of this clause, then the due date.on the corrected invoice will be adjusted by subtracting the number of cays taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments ) will be made by the designated payment office for errors in calculating interest penalties, if requested by the Contractor. (i) For the sole purpose of computing an interest penalty that might be due the Contractor. Government acceptance shall be deeined to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The following periods of time will not be included in the determination of an interest penalty: ( A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishtble agriculturel commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils). (B) The period between the defects notice and resubmission of the corrected invoice by the Contractor. { (iii) Interest penalties will not ccetinue to accrue after the
d, FEyL ww RS-IRM-90-176 Section I [ i ( filing.of a' claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (iv) Interest penalties are not required on payment delays due to L' disagreement between the Government and Contractor over the payment 4 amount or other issues involving contract compliance or on amounts - tempbrarily withheld or retained in accordance with the terms of the i contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, ' Disputes. (7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a i discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(6) of i this clause on the amount of discount taken for the period beginning with the first day af ter the end of the discount period through the date when the Contractor is paid, i h (8) If this contract was awarded on or after October 1, 1989, a I penalty amount, calculated in accordance with regulations issued by i' the Office of Management and Budget, shall be paid in addition to the-interest penalty amount if the Contractor-j -(i) Is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days af ter the date the invoice amount is paid, that the agency pay such a penalty, (b) Contract Financing Payments (1) For purposes of this clause, " contract financing payment" means a Government de bursement of monies to a Contractor under a n contract clause or l.n.wr authorization prior to acceptance of supplies or service; by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts, and interim payments on cost type contracts. i (2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting ' Officer. Contract financing payments shaki be made on the (insert day as prescribed by Agency head; if not " prescribed, insert 30th day)' day af ter receipt of a proper contract financing request by the designated billing office. In the event that an audit or other / review of a specific financing request is required to ensure
~ 6 page 34 N RS-IRM-90-176 Section I g y compliance with the-terms and conditions of the contract, the designated payment office is not compelled to make payment by'the g due'date specified. L (3) For advance payments,- loans, or other arrangements that do
- not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
s. (4) Contract financing payments shall not be assessed an interest. penalty for payment delays. (c) If this contract contains the clause at 52.213-1 Fast Payment Procedure, payments will be made within 15 days after the a[ date of receipt of the invoice. r (End of Clause) {, IJ DISCOUNTS FOR PROMPT PAYMENT (52.232-8)-(APR 1989) l -(a) Discounts for prompt payment will not be considered in the F evaluation of offers, However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an i alternative to offering a prompt payment discount in conjune, tion with the offer, offerers awarded contracts may include prompt payment discounts on individual invoices. i (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or.the date on which an electronic funds transfer was made. (End of Clause) 1.8 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (52.232-28) (APR 1989)- Payments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government. Af ter award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments, and shall submit this designation to the Contracting Officer or other Government official, as directed. (a) For payment through FEDLINE, the Contractor snali provide the following information: j (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
A ( ~ig ~, ,1 Page 35 Rs.::y-90-:76 Section : l (2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if i- _ the institution has access to the Federal Reserve Communications ^ System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent _ institution. (b) For payment through ACH, the Contractor shall provide the y following information: (1) Routing-transit number of the financial institution receiving payment'(same as American Bankers Association identifying number e used for FEDLINE). (2) Number of account to which funes are to be deposited. i. (3) Type of depositor account ("C" 'or checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a- " Payment Information Form," SF 3881, must be completed before payment can be processed. (c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified.above must be received by the appropriate Government official 30 days prior to the date such change is to become' effective. (d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. (e) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. (End of Clause) I
m w ~ .;3r p G h'. 'RS-IRM-90-376 Section I Page 36 E h I.9 SERVICE CONTRACT ACT OF 1965, AS AMENDED (52.222-41) ~(MAY 1989) (a) Definitions. "Act," as used in this clause, means the Service o Contract Act of 1965, as amended (41 U.S.C. 351, et seq.), b " Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor, except in the term- " Government Prime Contractor " w " Service' employee," as used in this clause, means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms'are defined in Part 541 of Title 29, Code o of Federal Regulations, as revised. It includes all such persons regardless of any contractual reli.tionship that may be alleged to exist between a Contractor or subcontractor and such persons. (b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR part 4). This clause L does not apply to contracts or subcontracts administrative 1y exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as -interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subecntractor i. .shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract, t (2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., i. the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c). (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the l employees' authorized representatives or the employees themselves together with the ogency recommendation), and all pertinent
1 b ~ page 37 u o RS-J RM-90-1*/5 Section ! ' nformation to the Wage and Hour Division, Employment Standards i Administration U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final .4 determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt L that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with ~a written copy of such determination or it shall be posted as a - part of the wage determination. f L (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination:cannot be reduced to any single formula. The approach used may vary from wage' determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by [ pay grade pursuant to point schemes or other job factors may, for example, be relied upon Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage ' Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the 'q establishment of any conformable wage rate (s) is the concept that a I pay _ relationship should be maintained between job classifications based on the skill required and the duties performed. 0 L (B) In the case of _ a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i..e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable l wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the pe-formance of contract work by the unlisted class of employees, the Contractor shall advise 'the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of l 1938, as amended. (v) The wage rate and fringe benefits finally determined under j this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on 9
p1 7 1 W.. Pa e 3B 'RS-!RM-90-176 Section ! which contract work is performed by them in the classification. ' Failure to pay the unlisted employees the compensation agreed upon a by the interested parties and/or finally determined by the Wage and Hour Division-retroactive to'the date such class of employees l. commenced contract work shall be a violation of the Act and this L contract. (vi) Upon discovery of failure to comply with subparagraph (c)(2) L of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or [. classes of employees commenced contract work. C (3) Adjustment of Compensation. If the term of this contract is L more than 1 year, the minimum monetary wages and fringe benefits r required to be paid or furnished thereunder to service employees F under this contract shall be subject to adjustment af ter 1 year and l' not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. (d) Obligation to Furnish Fringe Benefits. The Contractor.or b subcontractor may discharge the obligation to furnish fringe benefits _specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent j or differential cash payments, only in accordance with Subpart D of j 29 CFR Part 4. (e) Minimum Wage. In the absunce of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Stand 6rds Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any cther obligation under l law or contract for payment of a higher wage to any employee. (f) Successor Contracts. If this contract succeeds a contract . subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing ) 4 obligation unless the limitations of 29 CFR 4.lb(b) apply or unless j t-the Secretary of Labor or the Secretary's authorized representative
g i p& Page 39 RS-IRM-90-176 Section'I 3 finds, af ter a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a -i ' character similar in'the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to , service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or. revised wage determination setting forth the applicable wage rates and fringe benefits. Such determinttien shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g) Notification to Employees. The Contractor and any . subcontractor under this contract shall notify each servi:e employee commencing work on this contract of the minimum monetary wage and any fringe benefit,s required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (1) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following: j, (1) For each employee subject to the Act -- l 1
RS-IRM-90-176 Section 1 Y (A)-Name and address and social security number; (B) Correct work classification or classifications, rate er rates y of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total chily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this. clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. (iii) Any list of the predecessor Contractor's emoloyees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. (2) The Contractor shall also make available a copy of.this contract for. inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcript. ion shall be a violation of the regulations and this contract, and in the case of' failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4).The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the 1 worksite during normal working hours. (j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account. 'These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the I Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor er subcontractor. In the event
.g 4 V C ' ~ b RS-!RM-90-176 p3ge a Section 1 w p of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting C L Officer may, after authorization or by direction'of the Department C L of Labor.and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply 3 with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion'of.the wo'rk, charging the Contractor in default with any t. F additional' cost. [ (1) Subcontracts. The Contractor agrees to insert this clause in t all subcontracts subject to the'Act. (m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during i any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and decrual of such wages and fringe benefits, including any prospective increases, .) to service employees engaged in work on the contract, and a copy of a the collective bargaining agreement. Such report shall be made upon i commencing performance of the contract, in the case of collective l bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a .later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n) Seniority list. Nct less than 10 days prior to completion of any contract being performed at a Federal f acility where service i employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation i a or.other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Of ficer a certified list of the names, of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of.each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o) Ruiings and Interpretations. Rulings and interpretations of I the Act are contained in Regulations, 29 CFR Part 4. (p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a 7 substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the t i l
~ RS-IRM-90-176 c.:e p 42 Section 1 n b(i . sanctions imposed under section 5 of the Act. 7 r f *,* (2) No 'part' of this contract shall be subcontracted to any person i ~ N'E, - or firm ineligible for award of.a Goverr. ment contract under section D 5 of the Act.- (3) TheLpenalty for makir.g false statements is prescribed in the U.S.tCriminal Code, 18.U.S.C. 1001. . (q). Variations, Tolerances,- and Exemptions Involving Ecloyment. l Notwithstanding any of the' provisions in paragraphs (b). e 1gh (o) g~, of this Lelause,:the following employees may be employer. accordance with the following. variations, tolerances, n' ~ ' exemptions,1which the' Secretary of Labor,' pursuant to si.41or. 4(b) of the Act prior to-.its' ' amendment by Pub. L. 92-473, found to be ~# necessary.and proper in the public interest or to avoid serious impairment of the conduct'of Government business. t ,(1) Apprentices, student-learners,- and workers whose earning . capacity is. impaired by age, physical or mental deficiency or injury may be employed at wages lower thn the minimum wages otherwise - required by section 2(a)(1) or 2(b)(1) of the Act without diminishing.any fringe benefits or cash payments in lieu thereof ja - required under section.2(a)(2).of the Act, in accordance-with the Wc conditions and procedures prescribed for the employment of 1 - apprentices',' stu' dent-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor F Standards Act cf 1938, in the regulations issued by the Administrator (29 ~CFR Parts 520, 521, 524, and 525). -(2):The Administrator will issue certificatr;s under the Act for P the employment of apprentices,- student-leerners, handicapped persons, or handicapped cl% ts of sheltered workshops not subject to the Fair Labor Standaros Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropt rates of minimum wages (but without changing requirements cena.,ong fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued g~ under the Fair Labor Standards Act of 1C38 (29 CFR Parts 520, 521, - 524, and 525). 1 (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. -(r) Apprentices. Apprentices will be permitted to work at less - than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognited by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not I, registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage f p n
E t 7 eg lu; RS-IRM-90-176
- Section I p
j3. p a y + . determination.for~the journeyman classification of work actually 'perfarmed..The wage rates paid apprentices shall not be less than .,s the wage rate 7for their level of progress set forth in the p i,. registered program,. expressed as the appropriate percentage of'the M journeyman's' rate contained in the applicable wage determination. p The: allowable ratio of aporentices to journeymen employed on the O contract work in any craft classification shall not be greater than F the ratio: permitted to the Contractor as to his entire work force
- g under the registered program.
L 3 /4 (s) Jips. An employee engaged in an occupation ir, which the s employee customarily. and regularly receives more than $3'O a' month in' F" -tips may have-the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 0 2(b)(1).of the Act, in accordance'with section 3(m) of the Fair P. Labor. Standards Act and Regulations 29 CFR Part 531. However, the J ' amount of credit shall not exceed $1.34 per hour beginning' January p 1, 1981. To use this provision -- i )(1)Theemployermustinformtippedemployeesaboutthistip credit l allowance before the credit is utilized; [ (2)'The employees must be allowed'to retain'all tips .'(individually or through a pooling arrangement and regardless of whether the employer elects to take a credit'for tips received); (3)>The employer must be able to show by records that the m ' employee receives at least the applicable Service Contract Act 1 minimum wage through the combination of direct wages and tip credit;. 'l and-j ,L -(4) The use of such tip credit must have been permitted under any . predecessor collective bargaining agreement applicable by virtue of c F section 4(c) of the Act. j '(t): Disputes Concerning Labor Standards. The U.S.. Department of n P Labor has set forth in 20.CFR Parts 4, 6, and 8 procedures for resolving disputes concerning iabor standards requirements. Such Ldisputes shall be resolved in accordance with those procedures and
- not the Disputes clausa of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor,' or the employees or their representatives. l (End of clause) I.-10 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES l L (52.222-42) (MAY 1989) l In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause-identifies the classes of service employees expected to be employed under the contract ar.d states the wages and fringe benefits i p payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. i \\ F-t i
n1+, e a: Iy e RS-IRM-90-176 'Page'44 ~ S:ction I' a s s Y This Statement.islfor Information Only: It Is Not a Wage Determination i . Employee' class Monetary wage -- Fringe benefits w p ' Telecommunications GS-11, $14.43/hr, lechnician, ? y t (End of clause) .I,11 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- . PRICE ADJUSTMENT '(MULTIPLE YEAR AND OPTION-CONTRACTS) E> (52.222-43)~(MAY;1989) [ (a) This clause applies to both contracts subject to area O prevailing wage determinations and contracts subject to collective ' bargaining agreements. .1 .(b) The Contractor' warrants that the prices in this contract do l' ' not include any-allowance for any contingency to cover increased icosts for which adjustment is provided under this clause. v . (c) The wage determination, issued under the Service Contract Act -of.1965, as amended, (41 U.S'.C. 351, et seq,), by the Administrator, Wage and.H.our Division, Employment Standards Administration, U.S. y . Department of Labor, current-on the anniversary date of a multiple year contract or the beginning of each renewal ~ option period, shall ( apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the ' Fair Labor Standards Act of s '1938,: as amended, (29 U.S.C. 206) current on the anniversary date of y .a multiple year contract or the beginning of each renewal option y period, shall apply to this contract. (d) The contract price or contract unit price labor rates will be 3 adjusted to reflect the Contractor 3 actual increase or decrease in applicable wages and fringe benefits to the extent that the increase o is made to comply with or the decrease is volunt;.rily made by the ~ Contractor as a result of: (1) The Department of Labor wage determination applicable on the b anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour; -f W 3 1
hb g/3;7 y, P RS-IRM-90-176 Section 1 n o, D (2)lAn(increaseo or decreased wage cetermination otnerwise e ' applied to.the contract by operation of.. law; -or 4 _(3); An amendment-to the Fair Labor Standards Act of 1938 that is s J' enacted after award of_this contract,;affects the minimum wage, and becomes-applicable to this contract under law. 1 . (e) Any adjustment will be-limited to increases or ~ decreases 'in 4 wages-and fringe benefits as described in paragraph (c) of. this clause, and.the. accompanying increases.or decreases in social security and unemployment taxes and workers' compensation insurance, ~ -but shall not otherwise include any amount'for general and . administrative costs, overhead, or profit. i o - (f) The Contractor shall notify the Contracting Officer'of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended o in writing by the Contracting Officer. The Contractor shall promptly y notify-the Contracting Officer of any decrease under this clause, but nothing in the _ clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data, including. payroll records, that the Contracting Officer,may reasonably require. Upon agreement ~of the parties, the contract. price or contract unit price labor rates shall be modified in writing. The Contractor shall continue performance' pending . agreement on or determination of any such adjustment and its effective date. (g) The Contracting ~ Officer or an authorized representative shall _ have access to-and the right to examine any directly pertinent ~ books, documents,. papers and records of the Contractor-until the expiration of 3 years after final payment under the contract. (End of clause) 1.12 ORGANIZATIONAL CONFLICTS OF INTEREST CLEARANCE NUMBER 3150-0112) (JUNE-1988)- .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 interests (financial, contractual, organizational, or otherwise) which relate to the work
- under this contract,-and 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this 2
contract b. Scope. The restrictions described apply to L performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause. c. Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under m this contract. The Contractor shall ensure that all employees under j y e I g/~
- s m
y-<A ri t 4 js Page 46 h,t RS-2RM-90-176. Section 1 t g e b,S J this; contract abide by. the provision of this clause. If the l l 2, , Contractor believes with respect to-.itself or any employee that any O proposed consultant or other contractual arrangement with any firm e f or organization may. involve a potential conflict of interest, the-F Contractor shall.obtain the written approval of the Contracting p 0fficer prior to execution of such contractual arrangement. p! 1 .-d.- Disclosure after award. 1) The Contractor warrants to the best of.its knowledge and belief, and e'xcept as otherwise set forth in this contract,-that.it does not have any organizational conflicts b, ' of interest,- as ' defined in 41 CFR 20-1.5402(a). 2) The Contractor i agrees that, if after award, it discovers organizational conflicts y' of. interest with respect to. this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer This statement must include a description 'of the action which the p Contractor.has taken or proposes to take to avoid or mitigate sugh L conflictsi The NRC may, however, terminate the contract. If - h termination is in the best interest of the Government e. Access to and use of information.1) If the Contractor in the performance of L' ' this' contract obtains access to information, such as'NRC plans, L policies, reports, studies, financial plans, internal data protected h by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to.the public, the Contractor agrees not to: (i) Use this information for any private purpose until the information has been released to the public;-(ii) Compete for work for the Commission based on the information for a period of six (6) months after either the completion of this contract or the release of the information to. the public, whichever is first; (iii)Submitan unsolicited proposal to the Government based on the information until one year after the release of the information to the public, .or (iv) Release the information without prior written approval by the Contracting Officer unless the.information has previously been m rele'ased to the public by the NRC. 2). In addition, the Contractor agrees that to the extent it receives or is given access to proprietary. data, protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat the information in accordance with restrictions placed on use of the information. 3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met, f. . Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and '" Contracting Of ficer," must be appropriately modified to preserve the Government's rights, g. Remedies. For breach of any of the above restrictions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract, h. Waiver. A request for waiver under this clause yi must be directed in writing through the Contracting Of ficer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR 20-1.4511. (End of Clause) 9
7 m. g_ 4 ~'v 9 39' PAGE 47 W RS-IRM-90-1/6-Secti0n : k1 1.13 : RESTRICT 10ftS ON CONTRACTING WITH SANCT10tlED PERSONS'(FAR 52.225-13) (MAY 1989). 1:
- (a) Definitions. (1) " Component part" means any article which is not usable
? for its-intended functions'without being' imbedded or integrated into any other product and which, if used in production of a finished product,.would be - substantially transformed in that process. (2) " Finished product" means any article which is usable for its intended
- function without being imbedded in, or integrated into, any other product.
It 2 does not include an article produced by a person, other than a sanctioned person, that contains parts or compontnts of the sanctioned person if the parts - or components have been substantially transformed during production of the finished product. -(3) " Sanctioned person" means a company or other foreign person upon whom- - prohibitions have been imposed. (4) "Substantially transformed," when referring to-a component part or finished product, means that the part or product has been subjected to a sub-- stantial manufacturing or processing operation by which the part or product is convered or combined into a new and different article of commerce having a new name, character, and use. (b) General. Section 2443 of the Multilateral Export Control Enhancement Amendments Act (Pub. L. 100-410) and Executive Order 12661, effective December 2'8, . 1988,-impose, for a period of 3 years, with certain exceptions, a prohibition on contracting with, or procuring (including rental and lease /purcnase) directly or indirectly the products or services of (1) Toshiba Machine Ccmpany, (2) Kongsberg Trading Company, -.(3) Toshiba Corporation, or (4)' Kongsberg Vaapenfabrikk. + The Act and Executive Order also prohibit, for the same 3-year period, the importation into the United States of al1 products producec by Toshiba ~ Machine. Company and Kongsberg Trading Company. These pronibitiens also apply to subsidiaries, successor entities or joint ventures of Toshiba Machine Company.or Kongsberg Trading Company, (c) Restrictions. Unless listed by the Contractor in its offer, in the solicitation provision at FAR 52.225-12, Notice of Restrictions on Contracting with Sanctioned Persons, or unless one of the exceptions in paragraph (d) of + .this clause applies, the Contractor agrees that no products or services delivered to the Government under this contract will'be products or services of a sanctioned person. (d) Exceptions. The restrictions co not apply-- (1) To finished products of nonsanctioned persons containing components of a sanctioned person if these components have been substantially transformed during the manufacture of the finished product. (2) To products or services of a sanctioned person provided-- (i) The products are designed to the specifications of a nonsanctioned . person marketed under the trade-mark, brand or name of the nonsanctioned person; (ii) The business relationsnip between the nonsanctioned person and the a sanctioned person clearly existed prior to June 30, 1987; and f, (iii) The nonsanctioned person is not directly or indirectly owned by a sanctioned person. l 1 l l
y ;; ^% PAGE 48 n.D 9.5-;R"-n-Oi Lor-(b). a _. (e) Award. Award of any contract resulting from this solicitation will =- not affect the Co.ntractor's. obligation to comply with importation re;;ulations a s of the Secretary -of.the Treasury. (End of' clause) h> ' I.14' REQUIREMENT FOR' CERTIFICATE OF PROCUREMEhT .lNFEGRITY -- MODIFICATION. 32.203-9 (MAY 1989). .(a) Definitions. The definitions set forth in FAR 3.10t.-4 are hereby incorporated in this clause. ? (b);The Contractor agrees that it will execute the + certification set forth in paragraph (c) of this clause when j requested by.the Contracting Officer in connection with the A contract execution qf any modification of this contract. g / modificati6n may not be executed without the <certificatien. g (c) Certification. As rec,uired in paragraph (b) of this clause, -2 ~ h the officer or employee responsible for the modification proposal shal.1 execute the following certification: pilr.__ CERTIFICATE OF PROCUREMENT IbTEGRITY -- MODIFICATION (MAY 1989) KO ' ( 1). I, _,,,, Michael S Vaughn (Se.me of . certifier), am the of ficer or employee responsible for th$ preparation of this modification proposal and hereby certify that, to the-best of my knowledge and belief, with the. exception of any information described in this certification, I have no information ~3 concerning< a violation or possible violation of subsection 27(a). (b), (c),. or (e)'of the Office of Federal Procurement Policy Act (41 U.S.C. 423),-(hereinafter referred to as the Act), as implemented in the FAR. occurring during the conduct of this . procurement (contract number RS-IRM-90-176 ) (modification number ). (2).As required by subsection 27(d)(1)(B) of the Act. : further certify that each officer, employee, agent, representative, and consultant of Person-To-Person.Inc. (Name of offeror) who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is f amiliar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR and will 4' report immediately to me any information concerning a violation or possible violation of subsections 27 (a), (b), (c), or (e) of the 5plemented in the FAR, pertaining to this procurement. Art v W
+ a (i ).; ~ J ?. -10 '-W175. LPAGE 49: Lt . w Ofe (Continue on plain bond -(3). Violations or.possible violations: ih,M 1pape'r=if necessary and label " Certificate-of Procurement ~ ^ -_ Integrity: ~-- Modification (Continuation Sheet)") (EEER "NONE" IF 7. l ( :- NONE EXISTS) 1 NONE i ~~ L -(Signature of the Officer or EmployeedResponsible'for the Modification. Proposal) .y. l {]g Q - .(Date)- Michadi S Vaughn (Typed Name'of the Officer or Employee Responsible for the , Modification) Preposal) THkCERTIFICATIONCONCERNSAMACRWITHINTHEJURISDICTIONOF AN AGENCY OF THE UNITED STATES AND T.iE MAKING OF A FALSE. FICTITIOUS,1 OR FRAUDULENT CERTIFICAT:0N MAY RENDER THE-MAKER SUBJECT TO PROSECUTIOQ,UNDER TITLE '.B. UNITED STATES CODE. SECTICN 1001. (End of cert:fication) '(d) In making the certification in paragraph (2) of -he certificate, the Contractor may rely upon the certification by an -officer,-employee, agent, representative, or consultant that such - persor, is ~in compliance with the reouirements of subsections 27 (a), (b), (c), or (e) of the'0ffice of Federal Procurement Policy i-Act (41 U.S.C. 423), as implemented in the TAR, unless the Contractor knews, or should have known, of re.asons to the contrary. The Contractor may rely upon periodic certifications 'that must be obtained at least annually, supplemented with periodic training programs. These certifications shall be maintained by the Contractor for a teried of 6 years from the date of execution. (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed'in executing this modification. + (End of clause) j.i
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f a'~ PAGE 50 ?.:.t: Q :,75 h c:icr : l ,y I.15' ' REMEDIES FOR ILLEGAL OR' IMPROPER' ACTIVITY '(S2.203-10) (MAY 1989) (a) The Government, at its. election, may reduce. the price of a fixed e 4 ~ price' type contract'or contract modification and the total' cost and fee. under a _ cost-type contract or co,ntract modification. by the amount of profit-J or fee determined as' set forth in paragraph (c) of this clause if the head of'the-agency or his or her designee, determines that there was a violation ) of subsection ?7(a) of the Office of Federal Procurement Policy Act (41 U.S.C, 423), implemented in; the. FAR. In the case of a contract modification, .w fee subject to reduction is the fee associated with the m, particular contract modification. l(b). Prior to making such a fee or profit reduction the agency heae or his or her designee shall. provide to' the Contractor a written notice of the action being considered and the basis therefor. The' Contractor shall have a 7 . period determined by the' agency head or his or her designee, but in no evert less than 30 calencar days af ter receipt of such notice, to submit in i personL in writing, or through a representative, information anc argu;nent in-opposition to the proposed reduction. The agency heac or his or ner cesicnee may, upon good cause shown, determine to reduce the contract or contract ,I mod 4fication price or fee by an amount which is less than the amount determined under paragraph (c) of this clause. (c) The price or fee reduction referred to in paragraph (a) of tnis O ' clause.shall be -- _ (1) For cost-plus-fixed-fee contracts, the amount of the fee specifiec in-the' contract at the time of award; .(2)I or cost-plus-incentive-fee contracts, the target fee specified -in F the contrcct at the time of award notwithstanding any minimum fee or " fee floor" specified in the contract, (_ 3) For cost-plus-award-fee contracts -- (i) The base fee established in the contract at the time Of contract
- award; (ii) If no base fee is specifiec in tne contract, 10 percent of the amount of each awarc fee otherwise Dayacle to the *.
- entractor for eacn incentive period or at each award fee cetermination point.
J. o E 1'
g
- ,7
( o* : rm c1 Section I' y ':3 77.;; 5; L -(4) For fixed price-incentive contracts. tne Government may -- ~ (i) Reduce.the contract target price and contract target profit both by .' ( _. Ean' amount equal to the initial target profit specified in the contract at ~, the time of contract. award; (ii) When the contract provides for multiple deliverables, reduce the , amount otherwise pa~yable to the contract:r upon each delivery and acceptance byLan amount determined by the Contracting Of ficer to be the profit portion-of each payable amount until the cumulative total of such' reductions is- -equal to the initial target profit amount specified in the contract at the time of contract awarc; '(iii) In addition to any other withholdings, retentions or reserves, reduce the amount of progress payments otherwise. payable in connection with .'each invoice or. voucher properly submitted by'the contractor for payment until-the aggregate progress payments amounts so withheld epual the initial . target profit established at the time of contract award; or (iv) If theiGovernment elects either (c)(4) (ii) or (iii) Of this clause, at the time.of total final price establishment, the crice estaclished in accordance with the incentive price revision provisions of tne contract shall be reduced.by an amount eoual to the amount of initial target profit specified in. the contract at the. time of contract award ano such reduced price shall be the total final contract price, Any progress ' payments amounts retained oy the Government.in (c)(4)(iii) of this clause sha*1 be returnec to the contractor, if appropriate, (5) For firm-fixec price contract or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount cetermired by the Contracting Of ficer . from records or documents in existence' prior to the date of the contract award or modification. (d) The Government may, at its election, reduce a crime contractor's .and (c) of price or fee in accordance with the procedures of paragraphs (b)d amoun: this clause for violations of the Act by 'its subcontractors by a not to exceec the amount of profit or fee reflected in the suocontract at the time the subcontract was first definitively priced. (e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract or modification for default. The rights and remedies of the Government soecified herein are not exclusive, and are in addition to any o:.r,er rights and remedies orov_.icec by law or -under this contract. (Enc of clause) 1
k : 2 v.; 3" PAGE 52 P.S-IR"-90475 It tics'! e 1,16 i PROTECTING'THE GOVERNMEhT'S INTEREST WHEN SUBCONTRACTING 'VITH CONTRACTORS DEBARRED. SUSPENDED, OR PROPOSED FOR i- -DEBARMEh7 (52.209-6).(MAY 1989) e (a) nThe' Government suspends or debars Contractors to protect the Government's interests, Contractors shall not enter into any subcontract equal to or in excess of $25,000 with a Contractor that has been debarred, suspended, or proposed for debarment i unless there ~1s a compelling. reason to do so. If a Contractor intends to: subcontract with a party that is debarred, suspended, .or. proposed for, debarment (see:FAR 9.404 for information on the list of-Parties Excluded from Procurement Programs), a' corporate of ficer or designee of the Contractor shall notify the Contracting Officer,Ein writing, before entering into such subcontract. The . notice must include the fellowing: a (1) The name of the subcontracter: (2) The Contractor's knowledge of the reasons for the subcont'ractor being.on the list of Parties Excluded from 'Procurepent Programs; (3) The. compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion on the list of Parties c ' Excluded from Procurement Programs: and (l' The systems and procedures the Contractor has established .to etw.re that.it is fully' protecting the Government's interests when dealing with such subcontracter in view of the specific basis 4 for the party's cebarment, suspens!cn. or proposed debarient. 4 (b) The Contractor's compliance v:tn the requirements of 52.209-6 will-be reviewed during Contracror Purchasing System Reviews (see FAR Subpart 44.3). (End of clause) s . I. '. 7 - litSURANCE ( In'accordance with the clause " Insurance--Work on a Governuent Installation," FAR 52.226-5, Secticn I, the Contractor shall acquire ano caintain during the entire perfornance perico of this centract insurance of at least the following kinds and r.iinimum amounts set farth below: a, Workaan's Compensation and Emoloyer's Liability. The Centractor is required to comoiy witn applicable Federal anc 5 tate t:orkers' cepensation and occupational cisease statutes. If occupat1onel diseases are not coa- .pensable under those statutes, they snall be covered under the er.iplcyer's liability section of the insurance policy, except when contract operations are sc cccr.nngled with the contractor's cor.rerc151 cpr aticns that it would not be practical to require this coverage. Contractor's liabill;y coverage of at leesc 5100,000 shall be required, except in States with exclusive or monopolis. c funds that do not permit workers' concensatien w be v.ritten by private carriers. 5
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- RS-1RM-90-175-Section J d'
,.y - PART III. - LIST. 0F DOCUMENTS,. EXHIBITS -AND OTHER ATTACHMENTS- ' f,b i 'S SECTION J - LIST OF ATTACHMENTS ,m r - J. I ' ? ATTACHMENTS (MAR 1987) A Y -Attachment Number ' Title-
- n, 11
. Billing Instructions
- 2' NRC-Contractor Organizational Conflicts of
' Interest-(41 CFR Part 20)' 3' Standard Form 1411 with Instructions 4~ Wage-Determination s y: ' ')$
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- REVISED 8/89 5-BILLING INSTRUCTIONS FOR
-FIXED PRICE CONTRACTS Generaf: The contractor shall prepare vouchers or invoices as prescribed m hereine FAILURE TO SUBMIT V0UCHERS/ INVOICES-IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER. Form:.Claimsfshall be submitted on the payee's. letterhead. - voucher / invoice,. or on' the Government's Standard Form 1034, "Public Voucner for. Purchases and; Services Other than Personal," and Standard Form '1035, " Pub l ie-Voucher for Purchases Other than Personal--Continuation Sheet."- V Theserforms are available from the U. S. Government Printing Office, 701 . North Capitol Street, Washington,-D.C. 20B01. g Humoer of Copies: An original and three copies shall be su:mitteo. Failure to submit all. the requireo cocies will= result in rejection of tr.e voucner/ invoice as improper. Designated Agency Bi.lling Office:. Vouchers / invoices snail be submittec :o the following accress: j q U. S. Nuclear Regulatory Commission Division of Contracts and Property Managemen-Contract Administration Branch, Mailstop P-902 l Washington, D.C. 20555 j . HAND-DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND,WILL NOT EXPEDI.c .i -PROCESSING BY HRC, However, should you. choose to deliver vouchers /invoi:es ^ l by hand, including delivery by any express mail services or special delivery services which use a courier or other person to ceiiver the . voucher / invoice in person to the NRC,.such vouchers / invoices must be 'I addressed to the above Designated Agency Billing Office anc will only be accepted at the following location: j o U. S. Nuclear Regulatory Commission 1 One White Fitnt North ~ 11555 Rockville Pike Mail Room Rockville, Maryland 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE AB0VE ADORESS. N6te that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in I the Division of Contracts and Property Management. Agency Payment Office: Payment will continue to be made by the 'fice 4 designatec in the contract in Block 13 of SF 26 or Block 25 of SF 33, whichever is applicable. I
.n i % ~ Qg: a - [ ^ cu .,,an, y s EL q.. 2 REVISED 8/89 Frequency: The contractor shal1~ submit an voucher or invoice only after ~ .NRC's final ~ acceptance of services rendered or products celivered in perfoimance of the contract _un1ess'otherwise specified.in the contract. ~ . Preparation'and Itemization of the Voucher / Invoice: The voucher / invoice shall be prepared in-ink or by typewriter (without strikeovers), i Corrections or erasures must be initialed. To be consideret a proper voucher / invoice, all of the following elements must be incluoed:
- 1. -Contract numoer 2.
Sequential. voucher / invoice number. 3. Date of voucher / invoice. a. Project Officer's name an: mailste:.as designated in tr.e centract. .5. .?ayee's.name~and address. (Show the name of the contractor and its ? -correct accress. In accition, when an assignment of funos nas been .made oy the contractor,- er a different payee has been cesignated. include the name and' address of the payee.) Incicate the name ano { telephone number of the individual responsible for answering. questions the NRC may have regarding the voucher / invoice. 6. Description of articles cr services, quantity, unit crice, ano total amount. ~i 7. Weight and zone of shipment, if shipped by parcel post. l 8. Charges for freight or express shipments. Attach prepaid bill if shipped by freight-or express. 9. Instructions to consignee to notify the Contracting Officer of receipt of shipment. 10. For Indefinite Delivery contracts or contracls under which progrest payments are authorized, the final voucher / invoice shall be markea " FINAL VOUCHER" or " FINAL INVOICE." Currency: Billings may be exoressed in the currency normally used by the contractor in maintaining his accounting records ano payments will be made in that currency. However, the U. S. collar equivaient for sli voucners/ invoices paid under the contract may not exceed tne total V. S. dollars authorized in the contract. 2 Suoersession: These instructions supersede any previous tilling instructions.
p;@ q ?. .s ~ ATTACHMEi;T 2 e i PART 20 1 -- GENERAt. .g Subpart 20-1.54--Contractor. Organizational Conflicts of Interest 0 .Sec. 20-1.5401 Scope and; policy. .20-1.5402? De.fini tions. ~ 20-1. 5403 Criteria for recognizing contractor organizational sonflicts of interest. 20-1.5404 Representation. 120-1.5405. Contract clauses.. f 20-1.5405-1 General contract clause. 20-1.5405-2_ Special ' contract provisions. 1.5406 Evaluation, findings, and. contract award. 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) <20-1.5409 -(Reserved) 20-l'.5410-Subcontractors. 20-1.54111 -Waiver. '20-1.5412 Remedies. AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to Pub. L. 83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) '120-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC)/to avoid, eliminate or neutralize contractor organizational confli. cts 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 HRC) wMeh may give rise. to actual or potential conflicts of interest in the event of contract award. (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a' case-by-case basis is necessary if the policy is to be appliedeso 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 officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in 3 position where its judgment may be biased, or where it'may have an unfair competitige advantage? (c) The conflict of interest. rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other p relatrionships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition s of consulting services through the personnel appointment process, NRC 1 1
g;,. h io' u y a .p c-gg ~ g 7590-01 n 4 =-l agreements with ~other government agencies, international organizations, 6 or state,Elocal or foreign governmentst'separata procedures for avoiding conflicts if interest will be employed in such agreements, as appropriate.. 120-1.5402-Definitions 1 .(a).- ' Organizational conflicts of interest", means that a relationship exists whereby a contractor or prospective contractor has present or y" planned interestr. related to the work to be perfonned under an NRC contract which- '(1) May diminish its capacity. to give impartial, technicallyJ .. sound, objective 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 c theoretical analysis, exploration, or experimentation. (c)'
- Evaluation ~ activities" means any effort involving the appraisal of 'a technology, process, product, or policy.
(d). ' Technical consulting and management support services" means internal assistance to a component of the NRC in the fomulation or = acministration of its programs, projects, or policies which normally i require the contractor to be given access to information which has not been'made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work. (e) " Contract" means any contract, agreement, or other arrangement with the NRC:except as provided in-Section 20-1. 5401 ( c). L(f) " Contractor" means any person, finn, unincorporate6 association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC. (g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR I1-1.605-1(e)). (h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with tha NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less. l (i) " Prospective contractor" or " offeror" means any person, firm, 2 I unincorporated association, joint venture, partnership, corporation, or ~ 2 affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited. to the NRC to obtain a contract. 7 a
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s 5 i s *1 , _. (j) " Potential conflict of inte~st" means that a factual situation , exists-that suggests (indicates) that an actual conflict.of interest may w arise from award of a proposed contr&ct. _The term " potential. conflict y. of. interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be: reported'to the contracting officer-for investigation if they arise during contract performance. n i20-1.5403, Criteria for recognizing. contractor organizational conflicts of interest (a) General. Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1)Are therei conflicting roles which might bias a contractor's judgment in ' relation to its' work for the NRC7 (2) May the contractor be given an T F unfair competitive advantage based on the performance of the contract? The ultimate determination by NRC as to whether organizational conflicts tof interest exist will be mace in light of conrnon sense and~ good business judgment' based:upon the. relevant facts disclosed and the work to be . performed.: -While it is. difficult to identify and to prescribe in advance - a-specific method for ~ avoiding a'll of the varie situations or relationships. 'which might involve potential organizational confiicts of interest, NRC - personnel will pay particular' attention te ;mposed contractual requirements which call: for-the rendering of advice, cc:.aultation or evaluation activitiesf or similar activities that 1 sy direct groundwork for the 'NRC's decisions on regulatory activities, future procurements, and' + research programs. (b) Situations or relationships which may give rise to organizational conflicts of-interest. (1) The offeror or contractor shall disclose information i:encerning relationships which may give rise to organizational conflicts of interest under the following circumstances: (i) Where the offeror or contractor provides advice and reconrnendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC. (iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing. (iv) Where the award of a contract would otherwise result in /. placing the offeror or centractor in a conflicting role in which its judgment may be biased in relation to 'its work for the NRC or may otherwise . result in an unfair ccmpetitive advantage for the offeror or contractor.,
~ + p ggw 7 3 y -l 7590-01 c ,s + ' 1 s no (2) The_ contracting officer may request specific information from m an= offeror or contractor or may require special contract provisions such j as provided in 18 20-1.5405-2_ in the-following circumstances: [ (i) Where the offeror or contractor prepares' specifications which are to be-used in competitive procurements of products or services covered:by such: specifications. '(11) Where the offeror or contractor prepares plans for. specific ] i approaches or methodologies that are to be incorporated into competitive l 'procurements using such approaches or methodologies. l (iii) Where the offeror or contractor is granted access to information l not available to the public concerning NRC plans, policies.. or programs e. .i which could form the basis for a later procurement action. l '(iv) Where the offeror or contractor is granted access to proprietary d 'infomation of its competitors. (v) ' Where the awrrd of a contract might otherwise result in placing i the offeror or. contractor in a conflicting role in which its judgment 1 may be biased in relation to its work for the NRC or may otherwise. result in an unfair competitive e.dvantage 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 (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. 'In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar analyses for the reactor 1 s manufacturer. Guidance. An NRC contract for that particular work nortually would not be awarded to the XYZ Corp. because it would be placed in a position 1' 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 response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified compantos responding to the RFP, the ABC Corp. is perfor1ning various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work calle'd for in the RFP. Based on the HRC evaluation, the ABC Corp is considered to be the best qualified company to perform the work outlined in the RFP. '. v i
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.%..:. 1, ^ dgJ ?- j j g 7590 1 4 [ 9 4 X Guidance. An NRC contract nomally could be ' awarded to the ABC _Corp.L because:no conflict of interest exists which would motivate bias ~ with respect to the work.. An appropriate clause would be_ included in ~ - the contract to preclude the' ABC Corp.; from subsequently contracting for work during the performance of the NRC contract with the private sector i e E~ ' which could create'a conflict. For example, ABC-Corp. would be precluded - from the perfomance of similar work for the company developing the - advanced reactor mentioned in the example. F (3)' Example. As' a result of operating problems in a certain type of commercial _ nuclear facility. it is imperative that NRC-secure specific data on~ various. operational aspects of that' type of plant _ so as to i ' 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,whom NRC can contract which can develop and ' - conduct the testing programs required to obtain-the data in reasonable 1 time. That company _has a' definite interest in any NRC decisions that might result fromithe data produced because those decitions affect the a reactor's design and: thus the company's costs. np Guidance. This situation would place the manufacturer in a role in F' which its. judgment could be biased in relationship to its work for NRC. L - Since the nature of the work required is vitally important in tems of ~ h, NRC's' responsibilities and no reasonable alternative exists, a waiver of i L 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 to guard against bias. 1 (4) Example. The 'ABC Co. submits a proposa'l for a new system for evaluating a specific reactor component's perfomance for the purpose of developing standards that are imp'ortant to the NRC program. The ABC Co. has-advised NRC that it intends to sell the new system to industry once its pract'*rbility has been demonstrated. Other companies in this business c.* ; sing older systems for evaluation of the specific reactor component. Guidance. A contract could be awarded to the iBC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by HRC to others so as to preclude an unfair competitive advEntage that might otherwise accrue. When NRC furnishes infomt. tion to the contractor for the performance of contract work, it shall not be used in the centractor's private activities unless such information is generally available to others. Further,. the contract will stipulate that the contractor will inform the NRC contracting I. officer of all situations in which the infomation developed under the contract is proposed to be used. i l, ,p= 4
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90 759'0 4 (5)? Example. The ABC Corp., in response to a RFP proposes to c, u assemble a map showing certain seismological features of the Appalachian . fold' belt. In accordance with the representation in the RFP and . 15 20-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently doing seismolog'ical studies for several utilities <in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study. g ' Guidance._ The contracting officer would normally 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 120-0 1.5405-1(c) would preclude ABC Corp. from accepting work during the tern of the NRC contract which could create a conflict of interest. (d)L Other considerations. -(1) The fact that the NRC can identiff and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to 3 a detemination of the existence of such conflicts prior to the award of a contract. 9**. -(2) It is not' relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational - conflicts of interest, or that a follow-on procurement is not involved; or that a contract is awarded on a competitive or a sole source basis. 120-1.5404 Representation (a) The following procedures are designed to assist'the NRC contracting officer in detennining whether situations or relationships exist which 'may constitute organizational conflicts of interest with respect to a 4 particular offeror-or contractor. (b) Representation procedure. '.The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contfactual situations where special organizationa conflicts of interest provisions are noted in the solicitation and would be included in tne resulting contract. This representation requirement .g M shall also apply to ' ll modifications for additional effort under the a ~ contract except those issued under the " changes" clause. Where, however, a sr.atement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required. ! l "I"
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,;}- L 7590 01 -Q ~ ,p. 4 IORGANI'ZATIONALCONFLICTSOFINTERESTREPRESENTATION' f j; 1 represent to the best of my knowledge and belief that: -.The award to b e h P e of a contract or,the modification of an existing contract does ( ) or does not (d involve situations or relationships f of the type set forth in 41 CFR's20-1.5403(b)(1). % (c) Instructions to offerers. :The following shall be included in all NRC solicitations: (1) If the representation as completed indicates ' that:situstions or relationships of the type set forth_ in 41 CFR l120-1.5403(b)(1)lare involved, or the contracting officer otherwise 'detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant: facts bearing on his representation to the contracting officer.- If the contracting officer detemines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflict;, (ii) disqualify the offeror, or (iii) detemine that it is otherwise in the best interest of the United States'to-seek award of the contract under the waiver provisions of 120-1.5411'. '(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by.'320-1.'5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the' offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified o from subsequent.related NRC contracts and be subject to such other remedial actions provided by law or, the resulting contract. (d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers 'the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be rejected as unacceptable. (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 offerer will be pemitted to correct the omission. {- 5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause
s3 u '$,M;.. , s.: x y s o 7590-01 jf "All contracts of~the types set forth in i 20-1.5404(b) shall. include the following clauses:-- t .~, ..(e) _ Purpose. The. primary purpose of this clause is to aid in ensuring that-the contractor: (1) is not placed in a conflicting role 1 because of current or planned interest (financial, contractual, organizational, m 7 or otherwise) which relate to the work under this contract, and (2) ' does not obtain an unfair competitive advantage over other parties by ~ virtue:of its performance of this contract. -(b) Scope. The restrictions described herein shall apply to-performance or participation-by the contractor as defined in 41 CFR I 20-1.5402(f) inLthe actitities covered by this clause. (c) Work for others. Notwithstanding any other provision-of this-contract, during the tem of this contract, the contractor agrees to i 4
- forego entering;into consulting or other contractual arrangements with any firm or or
- 1anization, the result of. which may give rise to a conflict a
c* of interest'.w(th respect to the work' being performed.under this contract. -The contractor shall ensure that all employees who are employed full ' time!under this contract and employees designated as key ~ personnel, if . any, under this contract abide by the provision of this 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 potential conf.lict of interest, the contractor shal'. obtain' the written approval of the contracting officer prior to encution of such contractual arrangement. (d) -Disclosure after award. (1) The contractor warrants that to 3 the best of its knowledge 'and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a). (2) The contractor agrees that if after award it discovers organizationa conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer. This-st'atement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat.e such conflicts. The NRC inay, however, teminate the contract for convenience if it deems such temination' to be in the best interests of the government. (e) Access to and use of information. (1) If the contractor in the performance of this. contract obtains access to infomation, 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 1-not been released to the public, the cohtractor agrees not jo: (i) Use sucn information for any private purpose until the informat1on has been released to the public, (ii) compete for work for the Comission based .g. ~ b
W 1 p y,% g 4 l ,a 3, + ;cy, ., q (* ~ 7590-01' I 'on 'such information for a period of six (6) months after either the completion ofc this contract or the ' release of such information to the I public, whichever is first, (iii). submit an unsolicitesi proposal to.the-government-based on such information until one year after the release of such information to the public,.or (iv) release the information without prior written. approval by the contracting officer unless such information hasrpreviously. been released to the public by the NRC.* -(2)4 1n: addition..the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the i Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged. l technical, business, or financial information under this contract, the contractor shall= treat such information in accordance with restrictions placed on use of the information. . (3): The contractor shall have,. subject to patent and security provisiops of this' contract, the'right to use tichnical data it produces under this contract for private purposes provided that all requirements of this contract have been met. i (f) Subcontracts. Except as provided in 41 CFR 5 20-1.5402(h), the contractor shall. include-this clause, including this. paragraph, in subcontracts of any. tier.- The terms " contract," " contractor," and i " contracting officer "'shall be appropriately modified to preserve. the government's rights. (g) Remedies. For breach of any of the'above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations.as necessarily imply _ bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent' contractual efforts, and pursue other remedies as may be permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411. 520-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 320-1.5411, neutralized through the use of an appropriate special contract provis, ion, if ap'propriate, the offeror may j negotiate tne terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include s but are not limited to: 9_
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- 9
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,y', ,r. 7590-01 n p (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2) Sof tware exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidentiel data and guard against its unauthorized use. (b) The following additional contract clause may be includec as section (i) in the clause set forth in: 20-1.5405-1 when it is determinec that award of a follow-on contract would constitute an organizational conflict of interest. (i) Follow-on effort. (1) The coritractor shall be ineligiule to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem direttiy from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perforTn any technical consulting or management support services work or evaluation activities under this contract on any of its procucts or services or the products or services of another firm if the contractor has been suostantially involved in the development or marketing of such procucts or services. (2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shali b: ineligible to perform or perticipete in the initial contractuel effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless 50 directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply. (3) Nothing in this caragraph shall preclude the contractor from offering or selling its standarc con:nercial items to the government. 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information. After evaluating this information agains't the criteria of. 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has Deen determined that conflicts of interest exist, then tne contracting of ficer shall eitner: (a) Disquali fy. the of f eror f rom award, 10 c
m ( :l % x ;.1 x.x-( ind. J g n 7590 b. g (b). Avoid or eliminate such conflicts.by appropriate measures; or 3 (c) Award the contract under the waiver provision of $20-1.5411. i t 120-1.5407 Conflicts identified af ter award. If potential organizational. conflicts ~ of interest are identified af ter award-with respect:to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and= that it-would not be.in the best interests' of the government to terminate the contract as provided in the clauses required by 120-1.5405,.the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict. 520-1.5408 (Reser_ved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer 'shall require offe.rors and contractors to submit 'a representat' ion statement in accordance with ! 20-1.5404(b) from subcontractors _and consultants. The contracting officer snall require the. contractor to inci Jde Contract Clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection, i 20-1.5411 Waiver -In the first. instance, determination with respect to the need to i seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive i.egal Director. Upon the recomendation of the contracting officer, and after consultation with the Office of the U General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so. Such action shall be strictly limited to those situations in which: (1) The work to be performed under contract is vita' to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the
- o f-justification and approval occuments shall be placed in the Public Document Room.
- 11 f
n; a v,3-lm llqi;;' n: b - 4; j s. g ]n 7590-01 -a-y. 520-1. 5412; Remedies. A.- 1 -In addition to such other remedies as may be permitted by law or ' contract'f6r:a: breach of the restrictions-in this subpart 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 Washincton, D,C this 27th day of Ma'rch 1979. For the Nuclear Regulatory Comission l f CRuudN. Chut. Samuel Chilt Secretary of the Comission 1 1 4 1 4 5 l -iz. 1: ; - - c.
a a
4
I.- A o ~
- e ATTACHMENT 3 CONTRACT PRICING PROPOSAL COVER SHEET -'ln. 50LeCi1 A liGNIC Os t hac t 900 F eca t egy lo,g
^ "o-S**o- {'y 'JOVE Thei f eren s wiec en contract acteens ef isntmss.on ct cost or pricing cata is reoverso 2000 0116 M
- 2. N AME AND ADORE 55 OF OF FEROR sincesse ZlP Ceees tsee FAR 15 MdCols
' 3A. NAME AND T e T LE OF QF FERow1805N1 7b OF CONT ACT - Jts. T E L E 6* MON E NO. f. s I [ \\
- 4. TYPE OF CONTR ACT ACTION (Chee4J A. NEW CONTR ACT D. LETTER CONTRACT h
B. CHANGE ORDER E. UNPRICED ORDE R C. PRICE REVISION /
- 5. T vee OF CON R AC T tc.,es, REDET'dPMINATION F FP.-
ICPF' O cPir-ca^' - 6 PROPOSED COST #Aesees r A.C051 .. PaOF.7,F EE C. TOTAL F PI ' OTNE R tspecityp \\ - 7. PLACE (5) AND PERaOO(5) OF PERFORMANCE !s e
- 8. List and reference the icemitication, cuantary and total price prooosed for each contract line item.
Quired unless otherwise specifieo by the Contracting Of ficer. teenlinee on reveru.end men on plein paper f/ nece i sary. lise some he*4dass.J A. LINE LTEM NO.
- 8. IDE NTIFIC ATION C. QUANTITY l D* TOTAL PRICE i E.REF I
i. I g'
- 9. PROVIDE N AME. ADDRESS. AND TELEPHONE NUMBER FOR THE FOL LOWi% tlleve A. CON T R ACT AO wN*ST R A rior. OFF tCE B. AVOt T OFFIC E
- 40. WILL vou RE QunR E T ME v5E OF AN Y GOV E R NMENT PR OGE R T Y I N T M E P E R F O R M AN C E O F T H IS W O R n ! r/I " Yve " aden tifys 1 & A. 00 v ou R EOviR E Gov E r.N.
3 4 0. T ypE OF FIN ANCING vs ones MENT CONT R ACT FIN ANCING TO PE RFORM THIS PROPOSEO C N AC T ? (1/ "Yes. " compiele ADVANCC PROGAESS ~ O vES ONO O vES ONO OcuiR*NTEEo'O^~S PAYMENTS PAYMENT!
- 12. MAvE vov BE EN AWAROEO ANv CONT RAC TS OR sveCONT R ACT5 FOR THE SAME OR SIMIL AR ITEMS wtTMtN THE PAST 3 YEARS?
- 13. is T Mis PROPOSAL CON 5*STE NT wi T H v0vR ES taels 5MEO ES Ta-til "Yes " odentely itemtsp. tustomertsi and con treet n6mberlap)
MATING AND ACCOUNTiNC aRACTICES ANO PROCEOURE5 ANO F AR FA R T S t COST OR1NCtD%tS' Ill "No." esotoonb ]YES ]NO ]YES ]NO A. WILL T Mis CON T R AC T AC T TON ele SUBJECT T O CASB R EGULA-14. COST ACCOUNTING STAN T CON 5 ? til "No," espieso in propoeots
- 8. M A V E YOU SveMe T T E D A C AS6 Os5CLO5uRE S T A TEMEN T (CASB DS.t or 219 tif "Yes." spetify m propoal the afface to wanen hYES suemitted and il determined to be edeoustel NO YES hNO C.M AVE YOu BEEN NOTtF4E0 THAT vov A AE OR MAY BE IN NON.
COMPLI ANCE WITH YOUR OISCLO5VRE ST ATEMENT OR COSTO. 85 ANv A58ECT OF TMi5 PROpo$AL tNCON545 TENT w TM v0VR ACCOUNTING STANDARO5!fif " Yes." esp #een sa proposed) OISCLOSEO PR ACTICES OR APPLICABLE COST ACCOUNTING ST AN D A R OS P fit "Yes. " esadeen n peuposedl YES O~O O veS ONO Th.s ocoposat h suemmeo in resoonse to the RFP contract modefecation. etc. in item 1 and reflects our best esta
- 15. N AME AND Ti TLE #Typei
- 16. N AM E OF F s R M i 1. Sa GN A T u R E 4 8. OA T E OF SvuMe5540N NSN 7540-41-142-98s5 I
1411104
- U.S. GOVERNMINT P1tDTDC Cr?!CE STANDARD FORM 1411 t10-a31 j
IA R ( C F'A
- 1964 0 - 421-526 07)
.2 ) S.2(C) ./I
bf,V* gT y '_, ~ Y n p; s c,; u hi 3 ATTACHMENT p + p STANDARD FORM 1411'WITH' INSTRUCT!0NS' p 1. SF '1411 provides a _ vehicle for the offeror to submit to the Government a pricing proposal of estimated and/or incurred costs by contract line item with~ supporting in forma tion, adequately cross-referenced, suitable for detailed analysis. A _ cost-element breakdown, using the. applicable format prescribed in '7A, 8, or C below, _ shall be attached for each proposed line item-and -must reflect any specific requirements established by_ the Contracting' Officer. Supporting -breakdowns must be _ furnished for each cost. element, consistent with offeror's cost accounting. system. r. When more than one contract line item is proposed, suma ry total amounts covering all line items must be furnished -for each cost element. If.- < agreement has been reached with Government representatives on use of forward pricing rates / factors, identify the_ agreement,-include a copy, and describe .its nature. Depending on offeror's system, breakoowns shall be provided for the following basic elements of cost, as applicable: j j i Materials - ' Provide a consolidated priced surinary of incividual material 3 quantities included in the various tasks, orders, or contract line items -{ being proposed and. the basis for pr_ icing (vendor quotes, invoice prices, ] etc.). g J Subcontracted Items - Include parts, components, assemolies, and services j that are to be produced or performed by others in accordance with offeror's l design, specifications, or direction' and that are applicable only to the i prime contract. For'cach subcontract over 5500,000, the support should-provide a - listing by source, item quantity, price, type of subcontract, degree of competition, and basis for establishing source and reasonableness of price, as well as the results of re'iew and evaluation of subcontract v proposals when required by FAR 15.806. i .i Standard Commercial Items - Consists of items that offeror normally fabrica tes, in whole or in part, and that are generally stockec in i nvento ry. Provide an appropriate explanation of the basis for pricing. If l price is based on cost, provide a cost breakdown; if priced at other than i cost, provide justification for exemption from submission of cost or pricina data, as required by FAR 15.804-3(e). 1 i interorganizational Transfer (at other than cost) - Explain pricing method I used. (See FAR 31.205-26). Raw Material - Consists of material in a form or state that requires further processing. Provide priced quantities of items required for the proposal. Purchased Parts - Includes material items not covered above. Provice priced quantities of items required for the proposal. Interorganizational Transfer (at cost) - Include separate breakdown of cost t-by element. i {'
D,l l g3.%- 2: y l \\,
- c Direct Labor
Provide ~ a-time-phased (e.g., monthly, quarterly, etc.) w ~ breakdown of labor - hours, rates,: and' cost by appropriate category, and. furnish bases for estimates. ( Indirect Costs ~- Indicate how offeror has computed _ and applied offeror's [ indirect costs,.-including cost breakdowns, and showing _ trends _ and budgetary
- data, to provide a ~ basis for evalua'tir.g tne reasonableness of proposed ra tes. ' Indicate the rates used and provide an appropriate explanation.
y L,r 0ther Costs %-List all other costs not otherwise included in the categories [' described above-e.g., special tooling, travel, computer and consultant f' . services preserv(ation,packaging and-packing, spoilage and_ rework, and : Federal excise tax on finished articles) and provide _ bases for pricing. Royalties - If more than 5250, provide the following information on separate page for each separate' royalty or - license fee: nan.e and address of Q licensor; date -of license agreement; patent numbers, patent apolication serial - numbers, or other basis on which the royalty is payable; brief 4 description. (including any part or model numbers of_ each contract. item or.- component oni which the royalty is payable); percentage or collar rate of royalty per unit; unit price of contract item; nur:'.ber of units; anc total ' dollar amount' of royalties, in addition, if specifically requested by the Contracting Officer,- provide a copy of. the current license agreement and identification of applicable claims of specific patents. (See FAR 27.204 and-31.205-3T). Facilities' Capital Cost of Money Wnen the offeror elects to claim-facilities capital cost of money as an allowable cost, the offeror must submit Fonn. CASB-CHF and - show the calculation of the proposed amount (see FAR 31.205-10). 2. As part of the specific information requireo, the offercr must submit with offeror's proposal, and clearly identify as such, cost or pricing data (that is, - da ta that are verifiable and factual and otherwise as defined at FAR 15.801). In addition, submit with o ffero r's proposal any information reasonably required to explain offeror's estimating process, including; a. The judgmental factors applied and the ma thematical or other methods usec in the es tima te, including those used in projecting from known data; and b. The nature and amount of any contingencies included in the proposed price. 3. There is a clear distinction between submitting cost or pricing data and merely making.available books,
- records, and other documents without identification.
The requirement for submission of cost or pricing data is met when all accurate cost or pricing data reasonably available to the offeror have been submitted, either actually or by specific identification, to the Contracting Officer or an authorized representative. As later informa tion comes into the o f fe ror 's possession, it should be promptly j' submitted to the Contracting Officer. The requirement for submission of cost or pricing data continues to the time of final agreement on price.
f lr py p6. li ' L Q~. E .? 4.- In. submitting of feror's proposal,- offeror must-include. an
- index, L
, fl i . appropriately referenced of all the-cost or pricing data and information ((, ^ ? -accompanying or identified in the,' proposa l. In. addition, any future additions and/or'. revisions, up'to the. date of agreement on price, must be annotated on a supplemental index. t, 5. By submitting offeror's proposal, ~ the offeror, if selected for negotiation, . grants,, the Contracting Officer or an authorized representative the right to examine those books, records, documents, and other supporting data that will. 19 permit adequate evaluation of. the proposed price. .This-' right may be I exercised at'any time before award, u' As. soon as practicable after final agreement on price, but before the award 6. resulting from-the proposal, the offeror shall, under the conditions stated l in FAR 15.804-4, submit a Certificate of Current Cost or Pricing Data. ~ a> '7. Headings for: Submission of Line-Item Summaries: A. ~.New Contracts (including Letter contracts).- -1 Proposed Contract Proposed Contract Cost Elements Estimate-Total Cost Estimate-Unit Cost Reference ~, (1) (2) (3) (4) f Under Column (1) - Enter appropriate cost elements. Under Column (2) - Enter those necessary and reasonable costs that ^ in of feror's judgment will properly be incurred in efficient contract performance. When any of the costs in this column have already been incurred (e.g., unoer a letter contract or unpriced order), describe them on an attached supporting schedule. When preproduction.or startup costs are significant, or when specifically. requested to do so by the Contracting Officer, provide a full identification and explanation of them. Under Column (3) - Optional, unless required by the Contracting Officer. Under Column (4) - Identi fy the attachment in which the information supporting the specific cost element may be found. Attach separate pages as necessary. k ni a 4
-e ., O [d y, ek ik .i> B. Change Orders (modifications). h- '. Cost Of Estimated. Deleted Y ~ Cost of All Work Cost Work
- Already Net Cost To Cost Of. Net Cost Of o
' Elements Deleted. Performed Be Deleted Work Added Change Reference-(1) (2) (3) (4) (5) (6)- (7) Under Column (1) - Enter appropriate cost elements. Under Column (2) - Include (i) current estimates of what the cost would - ' i have been to complete deleted work not yet perfomed, and (ii) the cost of deleted work already performed. Uncer Column (3) - Include the incurred cost of deleted work already performed,- ~actually computed - if
- possible, or estimated in the Contractor's accounting records.
Attach a detailed inventory of work, materials, parts', components, and hardware-al ready purchased, manufactured, or performed and deleted by the change, indicating the L cost and proposed disposition of each line item. Also, if offeror desires to retain these items or any portion of them, indicate the cmount offered for them. Under Column (4) - Enter -the net cost to be deleted which is the estimated cost of all deleted work less the cost of deleted work already performed. Column (2) less Column (3) = Column.(4). Unoer Column (5) - Enter the offeror's estimate for cost of work added by the change. When nonrecurring costs are significant, or when specifically requested to do so by the Contracting Officer, provide full identification and explanation of them. 4 Under Column (6) - Enter the net cost of change which is the cost of work added, less the net cost to be deleted. When this result is negative, place the amount in parentheses. Column (4) less Column (5) = Column (6). Under Column (7) Identify the attachment in which the information supporting the specific cost element may be found. Attach separate g pages as necessary. (-
ggweme -- - y (n' [l[ gqmy 'd V. k7 i L C. Price Revision / Redetermination Sil Number of Number of _RedetErmina-Units Units -To Be Contract tion Proposal Cutoff Date Completed Completed Amount Amount Differe'nce - -(1) (2). '(3) (4) (5) (6) L t Incurred incurred Incurred F' Cost-Cost-- Cost-Total Estimated . Cost Preproduc-- Completed Work In Incurred' Cost.To Estimated b
- Elements tion-Units Process
-Cost Complete Total Cost Reference '(7) (8) (9) (10) (11) (12) (13) (14) o { Under ' Column (1) - Enter the cu:cff ' date required Dy the contract, if I applicable. 1 Under. Column (2) - Enter the number of units completed during the period for which experienced costs of production are being submittec. ] Under Column (3) - Enter the number of units remaining to be completed under i the contract. Under Column (4) - Enter' the cumulative contract amount. Under Column (5) - Enter the offeror's redetermination proposal amount. 4 Under Column (6) - Enter the difference between the contract amount and the redetennination proposal amount. When this result is negative, place the j amount in parenthesis. Column (4) less Column (S) = Column (6), i Under Column (7) - Enter appropriate cost elements. When residual inventory
- exists, the final costs established under fixed-price-incentive and fixed-price-redeterminable arrangements should be net of the fair market value of such inventory.
In support of subcon~!ract costs, submit a listing of all subcontracts subject to repricing action, annotated as to their status. Unde'r Column (8) Enter all costs incurred under the contract before starting production and other nonrecurring costs (usually referred to as startup costs) from offferor's books and records as of the cutoff date. These include such costs as preproduction engineering, special plant rearrangement, training prog ram, and any identifiable nonrecurring costs such as initial rework, spoilage, pilot ri;ns, etc. In the event the amounts are not segregated in or otherwise available from offeror's records, enter f in this column offeror's best estimates. Explain the basis for each estimate and how the costs are charged en of feror's accounting records l e
w-c m :n cj; 1 h Y j-O u l p? Y (e.g..- included in production costs as ' direct engineering' labor, charged to .h' manufacturingoverhead,etc.). Also how the costs would be allocated to the- . units _ at their'various states of contract completion, f Under Columns' (9) and (10) - Enter -in Column' (9) the production costs from (b offeror's books and records (exclusive of preproduction costs reported in - R Column ' (8) of-the' units completed as of the cutoff date. Enter in Column (10) the costs' of work in ' process as determined from offeror's records or - L inventories at the cutoff date. ' When - the amounts for work in process are O not available in Contractor's records but reliable estimates for them can be, made, _ enter the estimated amounts in Column (10) and enter in Column (9) the C differences.between the total incurred costs (eiclusive of preproduction costs) as of the cutoff date and these estimates. Explain'the basis for the estimates including identification of any provision for ' experienced or anticipated allowances, such as shrinkage, rework, design changes, etc. Furnsih experienced unit or = 1ot-costs (or labor hours) from inception: of (g contract to the ~ cutoff date, improvement curves,. and any other available o. production cost ' 'hi story pertaining to the item (s) to khich offeror's proposa l - re la tes. Under Column (11) - Enter total incurred costs (Total of Cclumns (5), (9), c C> and(10))~ \\ / Under Column (12) Enter ' those necessary and reasonable costs that in Contractor's judgment will properly be incurred in completing the remaining work to be performed under the contract with respect to 'the item (s) to which Contractor's proposal relates. Column (13) Enter total estimated cost (Total = of Columns (ll) and -Under Column (14) identify the attachment in which the information supporting the specific cost element may be found. Attach separate pages as - necessa ry, i
~ !?, vg; f's. %.: + -x J.- ,~ -, y t u s.DiPAANSENT Of tAaost . Page I of 4 s eaetovoad as tsaa****5 ****eme11eAHoM wasa amo nous oavesease Distr Act of Colisdela-Maryland-Virgiata. ' fr-Hl. wassancioes.or. sense ~ m. HEG151(H Of WAGC DC f CHea4NAIIONS UNDLit nee SERVICC CONTHACT ACI gg g gg, y g g, gj e, se es one sese.e, es La.s } Ho/ Y Division of lan us - *~ Director Wage poterminat. ions wyme===.a. e 86-1255 (Rev. 5) l anne SEP 2 2 ts;ia - r n e4si es came es e=*.==ee 4, s a s .l l ww.ni.e l ensaw. sommesy Automatic Data Processing occapations, Infonmation and Arts occapations' Litwary and Arthlve occapations and Technical Occapations:
- 1. Key attry operator 11
$8.04
- 2. Key entry gerator i 7.13
- 3. Computer programmer III 1/
16.29
- 4. Computer prograsuser ll T/
14.I2
- 5. Camputer prograsener i
-1/ 12.58
- 6. Ccwputer gerator ill 11.98
- 7. Ccuputer gerator 11 10.39
- 8. C(mputer operator I 9.28
- 9. Peripheral stulgssent operator 8.79 j
- i
- 10. Camputer data librarian 9.42 l;
14.21
- q
- 11. Draf ter V
~ 11.39 d}
- 12. Craf ter IV l
- 11. Orafter til 9.9)
- 14. Orafter II 7.90-.
4
- 15. DrafIer 1 6.55
[lectronics, Instrumentation, Mathanatical, echanical, and Photo-Optics:
- 16. Iechnician III 15.53
- 11. Iecletician 18 11.65
s - - e; _w -' di':
- q. ;4. ^ f A y*.
.w ~ 7.. -ee., - ~= t ~ us.escanvasseef of tason Page 2 of 4 ~ saattovesens staananos moneeenst matsoes wact ama eeous newesease wasemeessow.pz. sease District of Colundsla-Maryland-Virginia - f1C-491- - 3,,,,, f4EGl51f R OF WAGE DC ICHtAINATIONS UNDt it ^a 194E SERVICC CONIMACT ACE y,g g g g g LOCatef V my aumeme es ese senseeerv es s.ana ) / s'l. /kW Divisioet of Alan . Moss Wage poterminations -= Director Fa=esnamesse esv==nes a time es eenke es,seye. l. eense l vasesse eemmesy ,,,es
- 19. Camputer systems malyst lil 1/
19.45
- 20. Computer systems malyst il I/
16.73 -
- 21. Camputer Systens malyst i
-I/ 13.38
- 22. [shibits Specialist til 14.21
- 23. Enhibits Sepcialist 11 11.39 9.93
- 24. Enhibits Specialist i
- 25. Illustrator fil 14.21
- t
- 26. Illustrator 11 11.39
- 27. Illustrator I 9.93 14.21
- 28. Photographer 111 11.39
- 29. Photographer 11 9.93
- 30. Photographer !
- 31. Tethaltal Information Specialist lll 14.21
- 32. TechnlCal Information Specialist II 11.39 9.93
- 31. TechnlCal Information Specialist I 11.05
- 34. Librarian 8.95
- 35. 8.ibrary Technician
~ 7.51
- 36. Laboratory Technician 9.18
- 31. &teorological Technician / Weather Observer 311. Training Technician (Learning Resources Center) 8.13 11.54
- 39. Iethnical illustrator 7.30
- 40. ILirdware Coordinator
~ 6.46
- 41. (Wl-Line [quienent Operator l
9.18 42. 'tograggiic Icchnician ..o..m
~- e-ab y- , I-. ; g .Q
- 7
' '.._ ] . :- 5, ~ I us.C4FAR58af 00T Of LAeOR gastgoyesaset 55 AeeDADOS ADea4M8599nI8000 - ~ ~ + gs AGE AseO HOUA 90Wes408e District of Colustila-Maryland-Virginia . DC.Hi. e wasueearlose.ast. assee se.. 14CGISICR OF WAGE DC f ChaalNAitONS UNOt.H 18ashington DC Metrapelltan Area 5J Assa. 1640 SEnveCC CONIMACT ACf s.ocAs.n v av *e seine es sie5eseetaev es s.ames b krby/W . ision of Div 1.a n L. Mons 3 W 22 d Wage Dot crainat. ions Director p_. _, wasas eessiew emner d **"*'* * *'** ",~j ' Fringe benefits applicable to classes of service 2f 3/ . 4/ eiployees engaged la contract performance: t i If Does not apply to employees employed in a bona fide esecutive, administrative a Irofessional capacity as and delineated in 29 CFA 541. (See 29 E R 4.156). 2/ 1.59 an hout or 123.60 a week or $102.26 a month. 2 weeks paid vacation ef ter 1 year of service with a contractor or successor; 3 weeks af ter 5 years; 4 weeks after. 1 ~3/ Length of service includes the cale span of continctes service with the present (seaccessar) centracter, Federal facility. 15 years. 1 wherever eiplayed, and with predecessor contractors in the performance of slallar work at the same (See 29 CfR 4.173.) New Year's Day, mrtin 1.uther King Day, Wshinoton's Birthday, Manorial Day, it:
- ce Day, 10 paid holidays per year:
4/ t (A contractor may substiteste for Labor Day, Columbus Day, Veterans' Day, ihanks9 ving Day and Christmas Day. any of the named holidays another day df weth pay in accordance with a plan cnmmannicated to the employees involved.) Washington (001) Coimties of Calvert (009), Charles (0l7), frederick (021), entgomery (031), Prince Georges (033), and St. Mary's (0#1 -5/ DC: Hl: Coimties of Arlindton (013), fairf as (059). I*'luter (061).. King George ~ (079), taudoun (107), Prince lfilliam'(153), VA: .md Staf ford (119). Independent Cities of Alemaidria (2011, fairf an (267), and f alls Church (217). n ~ s n-m" ~< - a u -x -= - n
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