ML20006A032
| ML20006A032 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/1989 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20006A026 | List: |
| References | |
| FOIA-89-481 RS-NRR-90-026, RS-NRR-90-26, NUDOCS 9001250101 | |
| Download: ML20006A032 (86) | |
Text
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~ SOLICITATION, OFFER AND AWARD-1.:This contract is a rated order under DPAS(15 CFR 350) RATING:
.2.
CONTRACT NO.
l3. SOLICITATION NO.
- 14. TYPE OF SOLICITATION.
l.
RS-NRR-90-026 l
SEALED BID IF l
l X NEGOTIATED RF l
l
- 5. DATE ISSVED
- 16. REQUISITION / PURCHASE REQ. NO.
~
12/20/89
- 7. ISSUED BY CODE l8 ADDRESS OFFER TO l
(If other than Item 7)
U.S. Nuclear Regulatory Commission l
Offer must be addressed as shown Div. of Contracts & Property Mgmt.
l in Item 7.
Handcarried offers Contract Neg. Branch No.1; P-1020 l
(including Express Mail) must be Washington, DC 20555 l
delivered to the address in Item 9 i
NOTE: In sealed bid solicitations, " offer" and " offeror" mean " bid" and
" bidder".
SOLICITATION
- 9. Sealed offers in original and 3 signed copies for furnishing the supplies or services in the Schedule will be received at the place specified in Itein 8, or if handcarried, in the depository located in Room 1011, 7920 Norfolk Avenue,_
Bethesda, MD 20814, until 3:00 P.M. local time on 1/?3/90 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:
l8. TELEPHONE N0. (Include Area Code)
CALL:
lCharlene Cantor l
(N0 COLLECT CALLS) l l
301/492-4282 i
11.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM B-SUPPLIES OR SERVICES AND PRTCES/ COSTS C
DESCRIPTION /SPECIFICATIONT WORK STATEMENT D
PACKAGING AND MARKING 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 0FFER0RS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offeror)
NOTE:
Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(c) 9001250101 900112 PDR FOIA MODREB9-401 PDR
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SOLICITATION, OFFER AND AWARD Page 2
- 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days.unless a different period is inserted by the offeror) from the date for receipt of offers specified abo n, to furnish any or all items upon which prices are. offered at the price set opposite each item, delivered at the designated point (s), within the time spectfied in the schedule.
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 CALENDAR DAYS' 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The of feror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO.
DATE AMENOMEN1 NO.
DATE 15A. NAME AND l CODE l l
FACILITY l l16. NAME AND TITLE OF PERSON ADDRESS l
l AUTHORIZE 0 TO SIGN OFFER OF l
l (Type or print) 0FFER0R l
l h
l l
158. TELEPHONE N0. (Include Area l150, CHECK IF REMITTANCE ADDRESS IS t
l' l
Code) l ( )- DIFFERENT FROM AB0VE - ENTER SUCH,
l ADDRESS IN SCHEDULE l'
l
- 17. SIGNATURE:
l
- 18. OFFER DATE:
l AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTI'N? AND APPROPRIATION
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
l
( ) 10 U.S.C. 2304(c)( )
( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INV0 ICES TO ADDRESS SHOWN IN l ITEM (4 copies unless otherwise specified) l
- 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 l
Washington, DC 20555
- 26. NAME OF CONTRACTING 0FFICER l27. UNITED STATES OF AMERICA l28. AWARD (TypeorPrint) l l
OATE l(SignatureofContractingOfficer)l 1
IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.
LXCEPTION TO STANDARD FORM 33 (REV.4-85)
=
n
-J; TABLE OF CONTENTS PAGE.
SOLICITATION, 0FFER AND AWARD...............
1
~
TABLE OF CONTENTS..................... -,.....
3 PART I - THE SCHEDULE.......................
7 SECTION B'-' SUPPLIES OR SERVICES AND PRICE / COSTS..........
7 B.1 PR0s1ECT TITLE.......................
7 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
7 B.3 PRICING SCHEDULE......................
7 B. 4 - CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE.... s 9
(JUNE 1988)
SECTION 0 - DESCRIPTION / SPECIFICATION...... -.......... -
10
/ WORK STATEMENT C.1 STATEMENY 0F WORK,....................
10 SECTION E - INSPECTION AND ACCEPTANCE................
12 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
12 E.2 INSPECTION - FOOD AND LODGING.
12 E.3 INSPECTION - FACILITIES..................
12 SECTION F - DELIVERIES OR PERFORMANCE................
13 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
13 F.2 DURATION OF CONTRACT PERIOD (MAR 1987)...........
13 ALTERNATE I (JUNE 1988)
SECTION G - CONTRACT ADMINISTRATION DATA......
14 G.1 PROJECT OFFICER AUTHORITY (MAR 1987)............
14
-ALTERNATE II (MAR 1987)
G.2 REMITTANCE ADDRESS (MAR 1987)...............
14 SECTION H - SPECIAL CONTRACT REQUIREMENTS 16 H.1 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)......
16 H.2' PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)..
16 i'
H.3 ORGANIZATIONAL CONFLICTS OF INTEREST............
16 L
(OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988)
H.4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS....
18 (N0V1989)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDE 0..
18
'(JUNE 1988)
H.6 ADDITIONAL SERVICES,...................
18 PART II - CONT RACT C LAUS E S.....................
20 CONTRACT CLAUSES...................
20 SECTION I I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
20 1.2 REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY.........
21 (FAR 52.203-10) (MAY 1989)
I.3 ORDERING (FAR. 52.216-18) (APR 1984)............
23 I.4 INDEFINITE QUANTITY (FAR 52.216-22) (APR 1984).......
23 I5 SERVICE CONTRACT ACT OF 1965, AS AMENDED..........
24 (FAR 52.222-41) (MAY 1989)
I.6 STATEMENT OF EQUIVALENT RATES FOR FEDERAL.........
32
y TABLE 0F CONTENTS PAGE.
j s
HIRES (FAR 52.222-42) (MAY 1989) 1
- I.7 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT 32 PRICE ADJUSTMENT (FAR 52.222-44) (MAY 1989) g I.8 ~ SERVICE CONTRACT ACT (SCA) MINIMUM WAGES AND.........
33 FRINGE BENEFITS (FAR 52.222-47) (MAY 1989) 1
- I;91 DRUG-FREE WORKPLACE (FAR 52.223-6)...............
33
.(MAR 1989)
I.10 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).........
35 I.11 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28)..
40 (APR1989) 1.12 CLAUSES INCORPORATED BY REFERENCE 41 (FAR 52.252-2) (JUN 1988) j I.13 < PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING..
41 WITH CONTRACTORS DEBARRED, SUSPENDE0, OR PROPOSED FOR t
DEBARMENT (52.209-6) (MAY 1989)
I.14 PROMPT PAYMENT (52.232-25) (APR 1989)...........
42.
I.15 ELECTRONIC FUNDS TRANSFER PAYMENT METH005..........
46 (52.232-28)(APR1989)
I.16 STATEMENT OF EQUIVALENT RATES FOR FEDERAL.........
48 HIRES (FAR 52.222-42)(MAY 1989)
PART III - LIST OF DOCUMENTS, EXHIBITS...............
49 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS...................
49 J.1 ATTACHMENTS (MAR 1987) 49 REPRESENTATIONS AND INSTRUCTIONS............
50 PART'IV SECTION K - REPRESENTATIONS, CERTIFICATIONS AND..........
50 OTHER STATEMENTS OF 0FFER0RS K.1 CERTIFICATE OF INDEPENDENT PRICE..............
50 DETERMINATION (FAR 52.203-2)(APR'1985)
K.2 CONTINGENT FEE REPRESENTATION AND.............
51 AGREEMENT (FAR 52.203-4) (APR 1984)
K.3 TAXPAYER IDENTIFICATION (FAR.52.204-3) (SEP 1989).....
52 K.4 CERTIFICATION REGARDING OEBARMENT, SUSPENSION,.......
53 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (MAY 1989)
K.5 TYPE.0F BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987)..
54 K.6 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984).....
54 K.7' SMALL BUSINESS CONCERN REPRESENTATION...........
55 (FAR 52.219-1) (MAY 1986)
K.8 SMALL DISADVANTAGE 0 BUSINESS CONCERN............
55 REPRESENTATION (FAR 52.219-2) (APR 1984)
K.9 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.........
56 (FAR 52.219-3) (APR 1984)
K.10 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.........
56 (FAR 52.220-1) (APR 1984)
K.11 CERTIFICATION OF NONSEGREGATED FACILITIES.........
57 (FAR 52.222-21) (APR 1984)
K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.........
57 (FAR 52.222-22) (APR 1984)
K.13 AFFIRMATIVE ACTION COMPLIANCE...............
58 (FAR 52.222-25) (APR 1984) m.m
. a-r
TABLE OF CONTENTS PAGE' i
-K.14 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE.......
58
- (FAR' 52.223-5) (MAR 1989)
K.15 NOTICE OF RESTRICTIONS-ON CONTRACTING WITN.........
60 SANCTIONED PERSONS (FAR 52.225-12) (MAY 1989)
. K.16 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988)......
61-
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K.17-QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988).....
61 K.18' CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988)...
61 n
K.19 TAXPAYER IDENTIFICATION (FAR 52.204-3)(SEP1989).-..-..
61-SECTION'L - INSTRUCTIONS, CONDITIONS, AND NOTICES..........
63 TO OFFER 0R$
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
63 BY REFERENCE L.2 CONTRACTOR ESTABLISNMENT CODE (FAR 52.204-4) (AVG 1989)..
63 L.3 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984).........
64 i
L.4 SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988) 64 m
L.5 SOLICITATION ~ PROVISIONS INCORPORATED BY,.........
64 REFERENCE (FAR 52.252-1) (JUN 1988)=
L.6 ESTIMATED DURATION (JUNE 1988)...............
65 L.7 ACCEPTANCE PERIOD (MAR 1987)................
65 L.8 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION...
65-(MAR 1987) ALTERNATE I (MAR 1987)
L.9 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS.....
65 (JUNE 1988)
L.10 - DISPOSITION OF PROPOSALS (JUNE 1988)............
66 L.11 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987)..
68 i
L 12 TIMELY RECEIPT OF PROPOSALS / BIOS (JUNE 1988).......
68 L.13 CONTRACTOR ESTABLISHMENT CODE (FAR 52.204-4) (AUG 1989)..
68 L.14 PROPOSAL PRESENTATION AND FORMAT (MAR 1987)........
69 ALTERNATE I (MAR 1987)
L.15 SURVEYS..........
70 SECTION M - EVALVATION FACTORS FOR AWARD,.............
71 M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
71 BY REFERENCE M.2 CONTRACT AWARD AND EVALVATION OF PROPOSALS (JUNE 1988)...
71 M.3 EVALVATION CRITERIA (MAR 1987)..
72
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0FFER0RS/ BIDDERS PLEASE NOTE:
'An (*) means the information is to be incorporated into any r.
J resultant contract..
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.RS-NRR-90-026
.Section:B-~
4 r4,
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l PART I
-THE. SCHEDULE 1
A.
SECTION B - SU V LIES OR SERVICES AND PRICE / COSTS
.B,1 iPROJECT TITLE The title of this project is ts follows:
NRC. Operator Licensing Examiner Training Conference (End of Clause)
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
The Contractor shill provide meals, lod ing, meeting 0
facilities,-and equipment for NRC sttendees at the NRC Reactor Operator Examiner Training Conference.
(End of Clause)
B.3 PRICING SCHEDULE
'The Contractor shall provide meals, lodging,- meeting facilities, and_ audio / visual equipment in accordance with the price schedule stipulated below.
For. pricing purposes, all offerors shall assume the meals will be as specified below:
FOOD REQUIREMENTS Meals Est. No. of No. of Unit / Cost Conferees Heals Per Meal Total Cost Lunch 6/12/90 80 1
Deli Bar - to include assorted meats, assorted breads, assorted cheeses, relish tray, cole slaw, potato salad, appropriate condiments, dessert,, tea, coffee, and decaffeinated coffee.
Lunch 6/13/90 80 1
Burger Bar - to include burgers, chili, buns, assorted cheeses, chips, relish tray, appropriate condiments, chips, dessert, tea,
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- e-Page-8 RS-NRR-90-026.
Section B m
-t l coffee, and decaffeinated coffee.
l' JLunch 6/14/90 80 1
$1 m
. Tossed salad, chicken entree, two vegetables, rolls, butter, dessert, tea,' coffee and' decaffeinated coffee.
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pegg 9 R$-NRR-90-026 Section 8 l
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OVERN!GHT ACCOMMODAT10N$*
Dates Est. No. of No. of Unit / Cost i
Conferees Nights Per Night Total Cost 6/11-15/90 75 4 es.
CONFERENCE ROOM REQUIREMENTS (6/12-15/90)
Facility No. of No. of Facilities Conferees Total Cost Conference 1
120 Smaller Rooms 4-6 25-35 es.
EQUIPMENT I
4 flip chares, a microphone and a podium.
r Equipment will include a flip chart for each of the 4-6 conference rooms for four days and a microphone and podium for the main meeting room for each of the three lunches.
'S of the 120 conferees reside in the area and will not reevire lodging, however, they are included in the total number for meals.
40 of the 120 attendees are non-NRC employees and will not be covered by this contract.
However, the contractor shall have lodging and meals available for the 40 non-NRC employees.
(EndofClause) f B.2 CONSIDERATION AND OBLIGATION The total estimated amount of this contract (cei'ing) for a.
the products / services ordered, delivered, and accepted uncer this i
contract is The Contracting Officer may unilaterally increase this amount as necessary for completion of orders to be j
placed with the Contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under
- this contract.
l b.
The amount presently obligated with respect to this contract is The obligation amount shall, at no time, exceed the contract ceiling as specified in paragraph B.2.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 the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk.
(End of Clause)
NRC is tax exempt and will provide appropriate certification for all taxes.
Page 10
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RS-NRR-90-026 Section C i
i SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT i
C.1 STATEMENT OF WORK Approximately 120 persons will be attending the NRC Reactor Operator Examiner Training Conference to be held June 11-15, 1990.
It is anticipated that 80 persons will be NRC employees and 40 persons will be non-NRC employees.
The Contractor shall provide accommodations for all attendees except for overnight accommodations for 5 NRC employees who reside in the area.
The NRC, however, will not be held liable for the costs associated with accommodations for the non-NRC employees, as their expenses will be covered under i
existing contracts.
Food Requirements The contractor shall provide 3 meals buffet and/or banquet style in a private dining room large enough to accommodate 120 people for lunch on Tuesday, Wednesday, and Thursday, June 12-14, 1990 for all conference attendees.
This contract is to cover meals for NRC employees only as non-NRC personnel will have their expenses covered under other existing contracts.
Overnight Room Accommodations The Contractor shall provide single room sleeping accommodations for each conferee and have the flexibility to accept last minute changes (up to 10 participants plus or minus on a given night). This I
flexibility is required because of the nature of the conferees wo'rk assignments.
Final room counts will be provided to the hotel three days prior to the date of the conference by the NRC Project Officer.
Conference Room Requirements i
Facilities must be available throughout the conference due to the possibility of changes in the agenda. Meeting facilities shall include 1 room to support 120 people as well as 4-6 smaller conference rooms that can accommodate 25-35 people each.
Smaller j-rooms shall be set up for discussions rather than auditorium style.
Parking Space Requirements Parking spaces must be available within one block of the hotel to accommodate approximately 50 conferees each day.
Equipment and Support Required The contractor shall provide support to setup for all meetings and meals. A microphone will be the only equipment needed for meals.
RTTlDJ s
-R$-NRR-90-026 Section C
^
However, audio / visual equipment on the order of easels, overhead projectors and flip charts will be required for all meeting rooms / facilities.
Facility Location The contractor's facility should be located within a one hour commute from a major airport and no more than an hour drive from the NRC's Region V office located at 1450 Maria Lane, Suite 210. Walnut Creek,.CA 94596. The hotel shall be near other restaurant facilities due to the limited transportation that will be available for conference attendees.
(EndofClause) t 4
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Page 12 RS-NRR-90-026 Section E SECTION E - INSPECTION AND ACCEPTANCE 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
^
S2.246-4 APR 1984 INSPECTION OF SERVICES -- FIXE 0-PRICE E.2 INSPECTION - F000 AND LODGING The Contractor shall comply with Federal, State and local laws, codes and regulations applicable to the establishment.
Upon request of the Contracting Officer, the contractor shall provide evidence of this compliance.
A copy of a state and/or local Health Inspection Certificate is required with submission of a proposal.
(End of Clause)
E.3 INSPECTION - FACILITIES Facilities shall be inspected within the last twelve months by the Fire Marshal of the jurisdiction having authority for compliance with the National Fire Protection Association's 101 Life Safety Code (1988) requirements.
The facility must be judged by the Fire Marshal to be reasonably safe for occupancy.
(End of Clause)
C RS-NRR-90-026 Sect 1Cn F l-I SECTION F - DELIVERIES OR PERFORKANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORp0 RATED BY REFERENCE t
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 l
None by reference F.2 OURATION 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 Ordering).
(End of Clause) i l
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Page 14 itS-NRR-90-026 Secti;n G n
SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987) t ALTERNATE !! (MAR 1987) a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
I Address:
e Telephone Number:
b.
The Project Officer is responsible for:
- 1) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.
2)
Inspecting and accepting products / services provided under the contract.
- 3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension.
c.
The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
(End of Clause)
G.2 REMITTANCEADDRESS(MAR 1987)
If item 150. of the Standard Form 33 has been checket enter the remittance address below.
Name:
Address:
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R$-NRR-90-026 Section G (EndofClause) i e
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RS-NRR-90-026 Section H i
SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 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 requirements (including reporting requirements) of the Commission and the Department of Labor.
In the event that the Contractor fails 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; thereaf ter, 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.
(End of Clause)
H.2 PRIVATEUSEOFCONTRACTINFORMATIONANDDATA(JUNE 1988)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other i
data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection w h h the work under this contract.
(.
(End of Clause) t H.3 ORGANIZATIONAL CONFLICTS OF INTEREST l
(OMB CLEARANCE NUMBER 3150-0112)(JUNE 1988) i 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 plannedinterests(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 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
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RS-NRR-90-026 Section H i
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 f
requirements of this contract have been met.
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Subcontracts.
Exceptasprovidedin41CFR20-1.5402(h),
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 a'oove 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 must be e
directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR 20-1.5411.
(End of Clause)
H.4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (NOV1989)
Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the U.S. Department of Labor Wage Determination Number which is attached (See Section J for List of Attachments).
i l
(End of Clause)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988) l The Government will not provide any equipment / property under l
this contract.
(End of Clause) l H.6 ADDITIONAL SERVICES The Government shall not be obligated to pay for any services l
requested by conferees that are not included in The Schedule.
Additional services include, but are not limited to, laundry and valet services, telephone and telegraph charges, alcoholic l
R$-NRR-90-026 Section H beverages, reom charges or meals before and after the training session, or extra charges for an attendee's spouse. These charges shall-be paid for by the person ordering them and shall nct be i
billed to NRC, l
(End of Clause) l l
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.(
PART II - CONTRACT CLAUSES r
CONTRACT CLAUSES SECTION I I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY HEFERENCE 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 52.202-1 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 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S
-1 INTEREST WHEN SUBCONTRACTING l
WITH CONTRACTORS DEBARRED, 1
SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1988 AUDIT -- NEGOTIATION 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AVG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES i
52.220-3 APR 1984 UTILIZATION OF LABOR l
SURPLUS AREA CONCERNS i
52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL j
DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL l
DISABLED VETERANS AND VETERANS 0F THE VIETNAM ERA 52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS 52.227-3 APR 1984 PATENT INDEMNITY 52.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES
'RS-NRR-90-026 S:cticn I e
L 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO t
52.232-1 APR 1984 PAYMENTS 52.232-8 APR 1989 OISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST i
52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 OISPUTES ALTERNATE I (APR 1984) 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.243-1 AUG 1987 CHANGES -- FIXE 0 PRICE ALTERNATEI(APR1984) 52.245-4 APR 1984 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) 52.246-25 APR 1984 LIMITATION OF LIABILITY -- SEkVICES 52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (SERVICES)
(SHORT FORM) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 1.2 REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-10) (MAY 1989)
(a) The Government, at its election, may reduce the price of a t
fixed price-type contract or contract modification and the total cost and fee under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (c) of this clause if the head of the agency or. his or her designee, c
determines that there was a violation of subsection 27(a) of the t
Office of Federal Procurement Policy Act (41 U.S.C. 423) as implemented in the FAR.
In the case of a contract modification the fee subject to reduction is the fee associated with the particular contract modification.
(b) Prior to making such' a fee or profit reduction, the agency head 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 period determined by the agency head or his or her designee, but in no event less than 30 calendar days after receipt of such notice to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction.
The agency head or his or her designee may, upon good cause shown, determine to reduce the contract or contract modification price or fee by an amount which is less thare the amount determined under paragraph (c) of this clause.
(c) The price or fee reduction referred to in paragraph (a) of this clause shall be -
(1) For cost plus-fixed-fee contracts, the amount of the fee i
specified in tiie contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee specified in the contract at the time of award notwithstanding any minimum fee or " fee floor" specified in the contract.
Page 22 RS-NRR-90-026 Section I (3) For cost-plus-award-fee contracts -
(1) The base fee established in the contract at the time of contract award; (11) If no base fee is specified in the contract,10 percent of the amount of each award fee otherwise payable to the contractor for each incentive period or at each award fee determination point.
(4) For fixed price-incentive contracts, the Government may -
(1) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit i
specified in the contract at the time of contract award; (ii) When the contract provides for multiple deliverables, reduce the amount otherwise payable to the contractor upon each delivary and acceptance by an amount determined by the Contracting Officer to be the profit portion of each payable amount untti the cumulative total of such reductions is equal to the initial target profit amount specified in the contract at the time of contract award; (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 equal the initial target profit established at the time of contract award; or (iv)
If the Government elects either (c)(4)(11) or (iii) of this clause, at the time of total final price establishment, the price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the amount of initial target profit specified in the contract at the i
time of contract award and such reduced price shall be the total final contract price. Any progress payments amounts retained by the Government in (c)(4)(iii) of this clause shall be returned to the contractor, if appropriate.
l (5) For firm-fixed price contract or contract modifications, by t
10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount determined 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 prime contractor's price or fee in accordance with the procedures of paragraphs (b) and (c) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was l
first definitively priced.
(e)
In addition to the remedy in paragraph (a) of this clause,
Page 23
. RS-NRR-90-026 Secticn !
the Government may terminate this contract or modification for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.
(EndofClause) 1.3 ORDERING (FAR 52.216-18)(APR1984)
(a) Any supp1!es 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 effective date of the contract through the end of the effective period.
(b) All delivery orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order and this contract, the contract shall control.
(c) If mailed, a delivery order is considered " issued" when the Government deposits the order in the mail. Orders way be issued orally or by written telecommonications only if authorized in the Schedule.
(End of Clause) 1.4 INDEFINITE QUANTITY (FAR 52.216-22)(APR1984)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.
The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the " maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the " minimum."
(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.
The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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 the 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;
Page 24 RS-NRR-90-026 Section I provided, that the Contractor shall not be required to make any delivertes under this contract after 0.
(End of Clause)
I.5 SERVICE CONTRACT ACT OF 1965. AS AMENDED (FAR 52.222-41) (MAY 1989)
(a) Definitions.
"Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.).
" Contractor," as used in this cla'use or in any subcontract, shall be deemed to refer to the subcontractor, except in the term
" Government Prime Contractor."
" 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 of Federal Regulations, as revised.
It includes all such persons regardless of any contractual relationship 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 does not apply to contracts or subcontracts administratively 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 subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe t
benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.
(2)(1) 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., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a I
reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications Itsted 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).
(11) 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) i 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days af ter the l-4
vqy ou n; ;..
R$-NRR-90-026 Secti:n !
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 employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Olvision will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of i
receipt or will notify the Contracting Officer within 30 days of
~
receipt 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 i
taken.
Each affected employee shall be furnished by the Contractor with a written copy of such deteroination or it shall be posted as a part of the wage determination.
(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 l
exsmple, be relied upon. Guidince 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 establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option, or extension of an existing centract, or in any other 1
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 4
an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe b'enefits specified for all classifications to be used on the contract which are itsted in the current wage determination, and those.specified for the corresponding classifications in the previously applicable wage determination.
Where conforming actions are accomplished in l
accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Of ficer of the action taken but the other procedures in subdivision (c)(2)(11) 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
Page 26 RS-NRR-90-026 S:ction !
e applicable minimum wage specified under section (6)(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined l
underthissubparagraph(c)(2)ofthisclauseshallbepaidtoall employees performing in tre classification from the first day on which contract work is performed by them in the classification.
Failure to pay the unlisted employees the compensation agreed upon 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 contract.
(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final i
determination of conformed classification, wage rate, and/or fringe r
benefits which shall be retroactive to the date such class or classes of employees commenced contract work.
(3) Adjustment of Compensation.
If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees 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 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 or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage.
In the absence 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 l
Labor Standards Act of 1938.
Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under 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 i
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
RS-NRR-90-026 Section !
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 i
benefits provided for under such agreement.
No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless j
the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages
)
and/or frin e benefits provided for in such agreement are j
substantial y 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 1
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 wa and/or fringe benefits contained in a predecessor Contractor'ges 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 determination 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 af ter 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 service employee commencing work on this contract of the minimum monetary wage and any fringe benefits 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
~
l Page 28 RS-NRR-90-026 S ction I 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:
(1) for each employee subject to the Act -
(A) Nameandaddressandsocialsecuritynumbe{;
(B) Correct work classification or classifications, rate 4
or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily 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.
(11) 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 employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.
(2) Tha Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
l (3) Failure to make and maintain or to make available these I
records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure ta produce L
these records, the Contracting Officer, upon direction of the l
Department of labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds untti the violation ceases.
l l
(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.
l (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.
R$-NRR-90-026 S:cti:n I (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 Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor.
In the event 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
+
Of ficer may, af ter authorization or by direction of the Department 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 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 contro e or arrangements for completion of the work, charging the Cont ~ actor in default with any additional cost.
(1) Subcontracts.
The Contractor agrees to insert this clause in all subcontracts subject to the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees.
If wages to be phid 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 any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Of ficer, together with full-information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement.
Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof ef fective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.
(n) Seniority List.
Not less then 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation 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) Rulings and Interpretations.
Rulings and interpretations of
Page 30 RS-NRR-90-026 Sectien !
the Act are contained in Regulations, 29 CFR Part 4.
j (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 substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award,of a Government contract under section 5 of the Act.
(3) The penal +.y for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(q) Variations, Tolerances, and Exemptions Involving Employment.
Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 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.
(1). Apprentices, student-learners,andworkerswhoseearning capacity is impaired by age, physical or mental deficiency or injury may be employed at wages lower than the minimem 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 required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject l
to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate l
rates of minimum wages (but without changing requirements concerning i
fringe benefits or supplementary cash payments in lieu thereof),
applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 l
and 528, i
1 l-(r) Apprentices. Apprentices will be permitted to work at less l
than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship l
RS-NRR-90-026 Section I prIgra3 registered with a State Apprenticeship Agency which is recognized 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 registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the appitcable wage determination for the journeyman classification of work actually performed.
The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered journeyman' program, expressed as the appropriate percentage.of the s rate contained in the applicable wage determination.
The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer i
against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531.
However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981.
To use this provision -
(1) The employer must inform tipped employees about this tip credit 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 employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes Concerning Labor Standards.
The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for I
resolving disputes concerning labor standards requirements.
Such l
disputes shall be resolved in accordance with those procedures and l
not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or j
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(End of Clause) l L
?
Page 32 RS-NRR-90-026 Secticn I c
I.6 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY 1989)
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 and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY:
IT IS NOT A WAGE DETERMINATION.
I.7 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -
PRICE A[klVS1 MENT (FAR 52.222-44) (MAY 1989)
(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to Contractor collective bargaining agreements.
(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
'(c) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with -
(1) An increased or decreased wage determination applied to this contract by operation of law; or (2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law.
(d) Any such adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (b) of this clause, and to the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or profit.
(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor shall promptly 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 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
Page 33 RS-NRR-90-026 Sectisn !
any such adjustment and its effective date.
(f) The Contracting Officer or an authorized representative shall, until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor.
(End of Clause)
I.8 SERVICE CONTRACT ACT (SCA) MINIMUM WAGES AND FRINGE BENEFITS (FAR 52.222-47) (MAY 1989) 5 An SCA wage determination applicable to this work has been requested from the U.S. Department of Labor.
If an SCA wage determination is not incorporated herein, the bidders / offerors shall consider the economic terms of the collective bargaining agreement (CBA) between the incumbent Contractor and the (union).
If the economic terms of the collective bargaining agreement or the collective bargaining agreement itself is not attached to the solicitation, copies can be obtained from the Contracting.0fficer.
Pursuant to Department of Labor Regulation, 29 CFR 4.lb and paragraph (g) of the clause at 52.222-41, Service Contract Act of 1965, as amended, the economic terms of that agreement will apply to the contract resulting from this solicitation, notwithstanding the absence of a wage determination reflecting such terms, unless it is determined that the agreement was not the result of arm's length negotiations or that after a hearing pursuant to section 4(c) of the Act, the economic terms of the agreement are substantially at variance with the wages prevailing in the area.
(End of Clause)
I.9 ORUG-FREE WORKPLACE (FAR 52.223-6)
(MAR 1989)
(a) Definitions. As used in this clause, " Controlled Substances" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
" 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 respensibility to determine violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
" Drug-free workplace" means a site for the performance of work done in connection with 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.
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RS-NRR-90-026 Section !
1 i
" 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.
j L
(b) The Contractor, if other than an individual, shall-(1) Publish a statement notifying its employees that the unlawful manufacture, 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 L
employees about-l (1)
The dangers of drug abuse in the workplace; (11) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, (3) Provide all employees engaged in performance 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 condition of continued employment on this contract, the employee will-(i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
(5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (b)(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 (b)(4)(ii) 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
R$-NRR-90-026 Secti:n !
i I
drug abuse assistance or rehabilitation prograa approv:d for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a 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 i
unlawful manufacture, distribution, dispensing, possession, or use 1
of a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, j
the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, 4
render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.
1 (End of Clause) j 1.10 PROMPT PAYMENT (FAR 52.232-25)(ApR1989)
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.
The term
" foreign vendor" means an inccrporated concern not incorporated in the United States, or unincorporated concern having its principal place of business outside the United States.
(a) Invoice payments, l
l (1) For purposes cf this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the i
Government.
This includes payments for partial deliveries that have i
been accepted by the Government and final cost or fee payments where I
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 events:
(i) The 30th day after the designated billing office has received a proper invoice from the Contractor.
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Page 36 RS-NRR-90-026 Section !
(11)The30thdayafterGovernmentacceptanceofsupplies delivered or services performed by the Contractor. On a final i
invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
However,- if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed 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 l' equi rements.
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from i
edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(1) 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, any perishable poultry meat food product, fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product delivery.
(11)Theduedateforperishableagriculturalcommodities,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 af ter product delivery, unless another date is specified in the contract.
(iii) The due date for dairy products, as defined in Section Ill(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C 4502(e)), edible fats or oils, will be as close as possible to, but not later than, the 10th day af ter the date on which a preper invoice has been received.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the designated billing office specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(1) through(a)(4)(viii)oftheclause.
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 products 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.
(
(1) Name and address of the Contractor.
.RS-NRR-90-026 Sect tn !
7 (11)Invoicedate.
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
date of shipment, prompt payment discount terms)pment number and (v) Shipping and payment terms (e.g., shi Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and edd m e of Contractor official to whom payment is to be sent (must De the~ien..
s that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone 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.
(1) A proper invoice was received by the designated billing (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.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
i (6) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmentalauthority.
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 1
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.RS-NRR-90*026 Section !
~1nclusive 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 be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.~
If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph
.(a)(4)ofthisclause,thenthe-duedateonthecorrectedinvoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due~date, i
Adjustments will be made by the designated payment office for errors-in calculating interest penalties, if requested by the Contractor.
(1) For the' sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 5th day 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
.xing periods of time will not be included in the determinatic.
' an interest penalty:
(A)~-
riod taken to notify the contractor of defects L
in invoices ad to the Government, but this may not exceed 7 l
days (3 day
. seat and meat food products and 5 days for L
perishable agn ultural commodities, dairy products, edible fat or j
oils, and food products prepared from edible fats or oils).
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(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at l
52.233-1, Disputes, or for more than 1 year.
Interest penalties of L
less than $1.00 need not be paid, (iv) Interest penalties are not required on payment delays i
l due to disagreement between the Government and Contractor over the I
payment amour.t or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the 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 of fice, without request from the contractor, if a discount for prompt payment is taken improperly.
The interest h
vqyur
.RS-NRR-90-026
.SectiCn I penalty will.be calculated as described in subparagraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is-paid.
(8) If this contract.was awarded on or after October 1, 1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the contractor:
(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 i
(iii) Makes 'a written demand, not later than 40 days after
)
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 disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services-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.
(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 shall be made on the 30th 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 compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
(3) For advance payme.ts, 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.
(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 date of receipt of the invoice.
a Page 40 RS-NRR-90-026 Section I (EndofClause)
I.11 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 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 (FE0LINE) or the Automated Clearing House (ACH), at the option of the Government. After award,-but no later than 14 days before an invoice ~ or contract financing request is submitted, the Contractor. shall designata a financial Institution for receipt of electronic funds transfer payment, and shall submit this designation to.the Contracting Officer or other Government Official, as directed.
(a) For payment through FEDLINE, the Contractor shall provide the following information:
(1) Name, address, and telegraphic abbreviation.of the financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if 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 paymut obtains L
wire transfer activity.
Provide the telegraphic abbreviation and the American Bankers Association identifying number for the correspondent institution.
l (b) For payment through ACH, the Contractor shall provide the following information:
l (1) Routing transit number of the financial institution I
receiving payment (same as American Bankers Association identifying L
number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
l (3) Type of depositor account ("C" for checking, "S"
for savings).
(4) If the Contractor is a new enrollee to the ACH system, a
" Payment Information Form," SF 3881, trust be completed before payment can be processed.
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RS-NRR-90-026 Secticn I (c)IntheeventtheContractor,duringtheperformanceofthis 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.
t (d) The documents furnishing the information required in this
- i h
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 payment of amounts otherwise properly due.
(EndofClause) 1.12 CLAVSES INCORPORATED BY REFERENCE i
(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 Officer will make their full text available.
l (EndofClause)
I.13 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING l
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR L
DEBARMENT (52.209-6)(MAY1989) l (a) The Government suspends or debars Contractors to protect the Government's interests. Contractors shall not enter into any l~
subcontract equal to or in excess of $25,000 with a Contractor that L
has been debarred, suspended, or proposed for debarment unless there p-is 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 officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into such subcontract. The notice must include the following:
(1) The name of the subcontractor; l
(2) The Contractor's knowledge of the reasons for the subcontractor being on the list of Parties Excluded from Procurement Programs; (3) The compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion on the list of Parties Excluded from Procurement Programs; and a-m m
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4 Page 42 RS-NRR-90-026 Section I i
(4) The systems and procedures the Contractor has established to l
~
ensure that.it'is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.
P (b) The Contractor's compliance with the requirements of 52.209-6 will' be reviewed during Contractor Purchasing System Reviews (see FAR Subpart 44.3),
o (End of clause)
.I.14 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 32.90 All days referred to in this clause are calendar days, unles 3 herwise specified.
(a)InvoicePayments ~
(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract 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
)
events:
(1) The 30th day after the designated billing office has received a proper invoice from the Contractor.
(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the ef fective date of tha con +"-'. settlement. However, if the datig.=ted bliling office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed 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.
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an
Eg T &J g
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_ RS-NRR-90-026L Secticn I-.
' nvoice shall be as follows:
i a
(1) 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 food product, fresh eggs, and any perishable egg product, will be as close as possible to,-but not later than, the 7th day after product delivery.
(ii) The due date for perishable agricultural commoditiet, 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 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 i
edible fats or oils, will be as close as possible to, but not later
.than the 10th day after the date on which a proper invoice has been received.
(iv) If the contract does not require submission of,an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(4) An invoice is the Contractor's bill or~ written request for payment under the contract for supplies delivered or-services performed. An invoice shall be prepared and submitted to the designated billing office specified in the contract.
A proper invoice must 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 products and 5 days L
for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils).
Untimely l
notification will be taken into account in the computation of any l
interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.
(1) Name and address of the Contracter.
(ii)Invoicedate.
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
t l
(iv) Description, quantity, unit of measure, unit price, and L
extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of j
shipment, prompt payment discount terms). Bill of lading number and l
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'RS-NRR-90-026 Section I u
a weight of shipment'will-be shown for shipments on Government bills-of lading, p
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper noticeofassignment).
(vii)Name(wherepracticable), title,phonenumber.andmailing address of person to be notified in event of a defective invoice.
J s
(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)(lii) of this clause are cet, 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.
(11)-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.
L (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed,-the amount was not subject to further contract settlement actions between the Government and the Contractor.
(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other l
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 L
date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective 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 days 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.
RS-NRR-90-026 Section I.
(1) For the sole-purpose of computing an interest penalty that
> s might be_due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified.inthiscontract)'aftertheContractordeliveredthe 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 ccceptance 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, hewever, 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 perishable agricultural ccmmodities, 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 continue to accrue af ter the 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 4
$1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due to
' disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the 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 discount for prompt payment is taken improperly.
The interest penalty will be calculated as described in subparagraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid, (8)
If this contract was awarded on or after October 1, 1989, a s
penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the Contractor-(1)
Is owed an interest penalty;
'Page 46 RS-NRR-90-026 Section I--
1 i
(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 after 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 disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services 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.
(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 shall be made on the (insert 3
day as prescribed by Agency head; if not prescribed,- insert 30th day) day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other l-review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the p
designated payment office is not compelled to make payment by the l
due date specified.
(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.
(4) Contract financing p4 ments 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 date of receipt of the invoice.
(End of Clause)
I.15 ELECTRONIC FUNDS TRANSFER PAYMENT METH00S (52.232-28)(APR1989)
Payments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Fedline Payment System (FE0LINE) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted,
P-1' RS-NRR-90-026 Secticn I
.c i he Contractor shall'designato a. financial institution for receipt t
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 shall provide the following information:
(1) Name, address, and telegraphic abbreviation of the financial-institution receiving payment.
(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if 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.
e (4) If the financial institution does not have access to tha 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 l
following information:
(1) Routing transit number of the financial institution receiving
-payment (same as American Bankers Association identifying number used for FEDLINE).
(2). Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for 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.
f Page-48 L
- RS-NRR-90-026 Section I
.(e) Contractor failure to properlyfdesignate a-financial institution or to provide appropriate payee bank account'information may delay payments of amounts otherwise properly due.
~
(EndofClause)
I.'16 ' STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42)(MAY1989)
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 and states the wages and fringe benefits
-i payable to each if they:were employed by the contracting agency-1 subject to the provisions of 5 U.S.C. 5341 or 5332.
CLASSIFICATION HOURLY RATE
]
General Maintenance Worker
$10.31 Janitor, Porter, Cleaner 7.76 Baker 7.76 i
Cook II 8.84 Cook I 9.95 i
. Dishwasher 7.40 l
Food Service Worker 7.76 Waiter / Waitress 8.14 I
1 l
)
i
vyfrw 1
s
-RS-NRR-90-0261 Section4) t p?"Is
+
PART III - LIST 0F DOCVMENTS,' EXHIBITS AND OTHER ATTACHMENTS-SECTION J - LIST OF ATTACHMENTS -
J. I' ATTACHMENTS (MAR 1987)
-' Attachment Number -
Title s
1 Billing' Instructions 2-NRC Contractor Organizational-Conflicts of Interest'(41 CFR Part.20)
' i
,~
4 a
s
~
l' ll' ii l:
f
4 Page 50 RS-NRR-90-026 Section K-PART IV REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS,0F 0FFER0RS.
K.1 CERTIFICATE OF INDEPENDENT PRICE
' DETERMINATION (FAR 52.203-2) (APR 1985)
(a)The'offerorcertifiesthat--
(1) The prices in this offer have been arrived at independently,-
without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) 4 hose prices,- (ii) the intention to s0bmit an offer, or (iii) the, methods or factors used to calculate the prices offered; (2)-The prices in this of fer have not been and will not be l
knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a i
certification by the signatory that the signatory--
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2)(i)Hasbeenauthorized,inwriting,toactasagentforthe l
following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (Insert full name of person (s) in the offeror's organization responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the of feror's organization);
h' I
RS-NRR-90-026.
Sectien K m
(ii) As an authorized agent, does certify that.the principals named in' subdivision (b)(2)(1) above have not participated, and will
.not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
.a (iii)Asanagent,hasnotpersonallyparticipated,-andwill n
not participate, in any action contrary to subparagraphs (a)(1) through(a)(3)above.
i (c)Iftheofferordeletesormodifiessubparagraph(a)(2)above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(EndofProvision)
K.2 CONTINGENT FEE REPRESENTATION AND AGREEMENT (FAR 52.203-4)(ApR1984)
(a) Representation.
The offeror represents that, except for, 5
full-time bona fide employees working solely for the offeror, the offeror- -
(Note: The offeror must check the appropriate boxes.
For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.)
(1) ( ) has, ( ).has not employed or retained any person or company to solicit or obtain this contract; and (2) ( ) has, ( ) has not paid or agreed to pay to any person or company employed.or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or
)
resulting from the award of this contract.
. (b) Agreement.
The offeror agrees to provide information relating to the above Representation as requested by the Contracting 0fficer and, when subparagraph (a)(1) or (a)(2) is answered af firmatively, to promptly submit to the Contracting Officer--
(1) A completed Standard Form 119, Statement of Contingent or L
Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.
(End of Provision)
L s
Page 52 RS-NRR-90-026-Section K K. 3 TAXPAYERIDENTIFICATION(FAR 52.204-3)(SEP1989)
- 1 (a) Definitions. " Common parent,"'as used in the solicitation provision,- means that corporate entity that owns or controls an af filiated group of corporations that files its Federal income tax
' returns on a consolidated basis, and of which the offeror is a p'
member.
" Corporate status," as used in this solicitation provision,.means a designation as to whether the offeror is a corporate entity, an y
unincorporated entity (e.g., sole proprietorship or partnership), or i
a corporation providing medical and~ health care services.
" Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.
(b) The offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order i
to emply with reporting requirements of 26 U.S.C. 6041, 6041A,-'and 60 W and implementing regulations issued by the Internal Revenue Service (IRS).
If the resulting contract is subject to reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract.
(d Taxpayer Identification. Number (TIN).
(
) TIN:
(
) TIN: has been applied for.
(
) TIN: is not required because:
l
(
.) Offeror is a nonresident alten, foreign corporation, or foreign partnership that does not have income effectively connected is with the conduct of a trade or business in the U.S. and does not have an office or place of bust.iess or a fiscal paying agent in the L
U.S; L'
(
) Offeror is an agency or instrumentality of a foreign i
government; l
(
) Offeror is an agency. or instrumentality of a Federal, state L
or local government;
(
)'Other. State basis.
(d) Corporate Status.
(
) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; I
(
)'Other corporate entity;
(
) Not a corporate entity;
(
) Sole proprietorship;
(
) Partnership;
(
) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).
(e)CommonParent.
(
) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.
(
) Name and TIN of common parent;
f RS-NRR-90-026 Section'K-p Nee TIN (End of Provision) 1 K.4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
. PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MTTERS (FAR 52.209-5)(MAY1989)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -
(1) The Offeror and/or any of its Principals '-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of l contracts by any Federal agency; I
(B) Have ( ) have not ( ), within a 3 year period preceding this offer, been convicted of or had a civil judgment rendered against them for:
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state,- or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement,
'j theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity J
with, commission of any of the offenses enumerated in subdivision (a)(1)(1)(B) of-this provision.
(ii) The Of feror has ( ) has not ( ), within a 3 year period preceding this offer, had one or more contracts terminated for default by any Federal agency, i
(2) "Principais," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary j
management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
3 I
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of
Page 54 RS-NRR-90-026 Section K J
an award under this solicitation.
However, the certification will be considered in connection with a determination-of the Offeror's responsibility.- Failure of the Offeror to furnish a certification or provide such additional _ information as requested by the Contracting Officer may render the Offeror nonresponsible.
3
.(d) Nothing contained in the foregoing shall be-construed to require establishment of a system of records in order _to render, in good faith,. the certification required by paragraph (a) of this provision.
The knowledge and information of an Offeror _ is not required to exceed that which'is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is'a material: representation of fact upon which reliance was placed when making award, If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to'other remedies available to the Government, the Centracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
K5 TYPE OF' BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987)
The offeror or quoter, by checking the applicable box, represents that--
1 (a) It operates as ( ) a corporation incorporated under the laws L
of the State of
, ( ) an individual, ( ) a L
partnership, ( ) a nonprofit organization, or ( ) a joint venture; or L
(b) If the offeror or quoter is a foreign entity, it operates as L
( ) an individual, ( ) a partnership, ( ) a nonprofit. organization, I
( ) a joint venture, or ( ) a corporation, registered for business in (country).
(EndofProvision)
K.6 AUTHORIZE 0 NEGOTIATORS (FAR 52.215-11) (APR 1984)
The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotetions: (list l-names, titles, and telephone numbers of the authorized negotiators).
(End of Provision)
'RS-NRR-90-0261 Section K 1
- K.7 SMALL BUSINESS CONCERN REPRESENTATION (FAR 52.219-1) (MAY 1986).
.The offeror represents and certifies as part of its offer that it
( )'is, ( ) is'not a small business concern and that ( ) all, ( )-
not all-end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific-Islands. "Small business concern," as used in this provision, means a concern, including its af filiates, that is independently owned and
~
operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business M
under the size standards - tr, this solicitation.
(EndofProvision) j K.8 SMALL DISADVANTAGE 0 BUSINESS CONCERN REPRESENTATION:(FAR 52.219-2)(APR1984)
(a) Representation.
The offeror represents that it ( ) is, ( ) is l
not a small disadvantaged business concern.
(b) Definitions.
" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.
" Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, l
Cambodia, or Taiwan.
" Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.
"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is i'
bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals and (2) has its management and daily 1
business controlled by one or more such individuals.
(c)Qualifiedgroups.
The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1.
e k
I Page.56 RS-NRR-90-026 Section K i. #,
t 4
(L'nd of Provision)
K.9-WOMEN-0WNEO SMALL BUSINESS REPRESENTATION (FAR52.219-3)(APR1984)
-(a) Representation. The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
(b) Definitions.
"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominate in the field of operation in which it is.
bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
s
" Women-owned," as used in'this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S.
citizens anti who also control and operate the business.
(End of Provision).
K.10 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (FAR-52.220-1) (APR 1984)
(a) This acquisition is not a set aside for labor surplus area (LSA) concerns.
However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation.
In order to determine whether the offeror is entitled to a preference under (1) or (2) above, the of feror must identify, below, the LSA in which the costs to be incurred on account of-g-
manufacturing or production (by the offeror or the first-tier subcontractors) amount to more than 50 percent of the contract l
price.
l (b) Failure to identify the locations as specified above will l
preclude consideration of the offeror as an LSA concern.
If the offeror is awarded a contract as an LSA concern and would not have otherwise qualified for award, the offeror shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
(End of Provision)
r y RS-NRR-90-026 Section K v*
t.
K.11 DERTIFICATION OF NONSEGREGATED FACILITIES (FAR52.222-21)(APR1984)
(a) " Segregated facilities," as used in this provision, means any l
~
E
-waiting rooms, work areas, rest rooms and wash rooms, restaurants l
-and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided-
.for' employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national s
origin because of habit, local custom, or otherwise, q
(b). By the submission of this offer, the offeror certifies that it'
' does not and will-not maintain or provide for its employees ary-segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at r
any location under its control where segregated facilities are i
maintained.
The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific
-time periods) it will--
'(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors L
(except if the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
NOTE:
The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
(End of provision)
K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR52.222-22)(APR1984)
The offeror represents that--
(a) It ( ) has, ( ) has not participated in a previous contract or
t J
.Page 58
+
RS-NRR-90-026 Section K 4
subcontract subject either to the Equal Opportunity clause of this
~
N solicitation,.the clause originally contained in Section 310 of l
Executive Order No.10925, or the clause contained in Section 201 of Executive Order No.11114; (b)'It ( ') has. (') has not filed all required compliance reports; l
~
and (c) Representations indicating submission of required compliance i
reports, signed by proposed-subcontractors,-will be obtained before subcontreet awards.
l (End of Provision)
K.13 AFFIRMATIVE ACTION COMPLIANCE (FAR52.222-25)(APR1984)
The of feror represents that--
(a) It ( ) has developed and has on file, ( ) has not developed and~does.not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor,.
(End of Provision)
K.14 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE L
(FAR 52.223-5) (MAR 1989)
(a) Definitions. As used in this provision, " Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) tnd as further defined in regulation at 21 CFR 1308.U -1308.15.
l l
" 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.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, l
possession or use of any controlled substance.
" Drug-free workplace" means a site for the performance of work done in connection with 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.
'RS-NRR-90-026'
.Section K h
Individual" means an offeror / contractor that has no more than one employee. including the offeror / contractor.
'(b) By submission of its offer, the offeror, if other than-an individual, who is making an offer that equals or exceeds $25,000, certifies and' agrees, that with respect to all employees of the offeror _to be employed under a contract resulting from this solicitation, it will-
~
l(1) ' Publish a statement notifying such employees that the unlawful manufacture, 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
-I employees about-
-(i)
The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace;
-lu (iii) Any available drug counseling, rehabilitation, and
. employee assistance programs; and
)
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3). Provide all employees engaged in performance of the j
contract with a copy of the statement required by subparagraph j
.(b)(1) of this provision; (4) Notify such employees in the statement required by_
subparagraph (b)(1) of this provision, that as a condition of continued employment on the contract resulting from this
(
solicitation, the employee will-(i)
Abide by the terms of the statement; and (ii)
Notify the employer of any criminal drug statute
-conviction for a violation occurring in the workplace no later than five (5) days af ter such conviction; (5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (b)(4)(11) of this provision, from an employee or otherwise receiving actual notice of such conviction; and (6) Within 30' days after receiving notice under subparagraph (b)(4)(ii) of this provision of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace:
=
Pags.60' RS-NRR-90-026 Section K (1)
- Take appropriate personnel action against such employee, up~ to and including termination;_ or
'(11) Require such a drug abuse assistance Wr, employee to satisfactorily participate-in.
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 a drug-free workplace
- through implementation of subparagraphs (b)(1) through (b)(6) of this provision.
(c) By submission of its offer, the offeror, if an individual who -
is making an offer of. any dollar value, certifies and agrees that-the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation.
(d). Failure of the offeror to provide the certification required by paragraph (b) or (c) of this provision, renders the offeror unqualified and ineligible for award.
(See FAR 9.104-1(g) and 19.602-1(a)(2)(1).)
(e)
In addition to other remedies available to the Government, the certification in paragraphs (b) and-(c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
(EndofClause) a K.15 NOTICE OF RESTRICTIONS ON CONTRACTING WITH SANCIIONED PERSONS (FAR 52.225-12)(MAY1989)
(a) Statutory prohibitions have been imposed on contracting with sanctioned persons, as specified in Federal Acquisition Regulation (FAR) 52.225-13, Restrictions on Contracting with Sanctioned persons.
(b) By submission of this of fer, the Offeror represents that no products or services, except those listed in this paragraph (b),
delivered-to the Government under any contract resulting from this solicitation will be products or services of a sanctioned person, as defined in the clause referenced in paragraph (a) of this provision, unless one of the exceptions in paragraph (d) of the clause at FAR 52.225-13 applios.
Product or service Sanctioned person l
Te Rs.NRR-90-026 ~
Sectien K-I c
l l!t i
(List' as necessary).
l (End of Clause) 7
-i K.16 ORGANIZATIONAL = CONFLICTS OF INTEREST (JUNE 1988)
I represent'to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does /_/ or
' does not /__/ involve situations cr relationships of the type set
[
forth in 41 CFR 20-1.5403(b)(1).
(End of Provision)
K.17 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988)
The offeror hereby certifies by submission of this offer that all representations made regarding its employees, proposed subcontractor-personnel and consultants are accurate.
(End of Provision)
K.18 CURRENT /FJRMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988) c The following representation is required for NRC information and evaluatica purposes only.
It is not NRC policy to encourage offerors and contractors to propose current /former Agency employees to perform work under NRC contracts.
The offeror hereby certifies that there (
) are ( ) are not current /former NRC employees who have been or will be involved, directly or indirectly, in developing the of fer, or in negotiating on behalf of the of feror, or in managing, administering or performing any contract, consultant agreement or subcontract resulting from this offer.
For each individual so identified, the
' Technical and Management proposal contains as a separate. attachment the name, title, date individual left NRC and a brief description of the individual's role under this proposal.
l (End of Provision) l:
K.19 TAXPAYER IDENTIFICATION (FAR 52.204-3)(SEP1989)
(a) Definitions.
" Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
" Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an
F
)
Eh' Page 62 F
-RS-NRR-90-026 Section K' unincorporated entity (e.g., sole proprietorship or partnership), or a' corporation providing medical and health care services.
" Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the. number required by the IRS to be used by the offeror in reporting income tax and other returns'.
(b) The offeror'is required to submit the. information required in paragraphs (c) through (e) of this solicitation. provision in' order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and-implementing regulations issued by the Internal Revenue Service'(IRS).. If the resulting contract is-subject to the reporting requirements described in 4.902(a), the failure or refusal i
by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
() TIN:
() TIM has been applied for.
( ) TIN is not required because:
() Offeror is a nonresident alten, foreign corporation, or foreign partaership that does not have income effectively' connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S,;
r
( ) 0fferor is an agency or instrumentality of a foreign government; L
() Of feror is an agency or instrumentality of a Federal,
. state, or local government;
() Other.
State basis.
y (d) Corporate Status.
t
() Corporation providing medical and health care services, l
or engaged in the billing and collecting of payments for such services; L
() Other corporate entity; L
() Not a corporate entity;
() Sole proprietorship;
() Partnership;
( ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR i
501(a).
(e) Common Parent.
() Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.
() Name and TIN of common parent:
l Name TIN 1
l (End of Provision)
L l
['
Page 64 RS-NRR-90-026 Section L m
^
'(Endof. Provision)-
L.3 - TYPE OF CONTRACT (FAR-52.216-1) (APR 1984)
The Government contemplates award of a firm fixed ' price contract
.i resulting from this solicitation.
(EndofProvision)
L.4.
SERVICE OF PROTEST (FAR 52.233-2)-(NOV 1988)
(a) Protests, as defined in Section 33.'101' of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgement of receipt from:
Mark J. Flynn
}
Hand-Carried Address:
U.S. Nuclear Regulatory Commission-l Division of Contracts and Property Management 7920 Norfolk' Avenue, Room 1011 Bethesda, MD 20814 Malling Address:
U.S. Nuclear Regulatory Commission i
Division of Contracts and Property Management Mail Stop.P-1020 Washington, DC 20555 (b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO.
(End of Provision)
L.5 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (JUN 1988)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
(End of Provision)
fCA RS-NRR-90-026 Section L b
k L.6 ESTIMATED DURATION (JUNE 1988)
.It is estimated that the' duration of the contract will be 5 days.
(See section F for any option periods)
(End of Provision)
- L,7 ACCEPTANCEPERIOD(MAR 1987)-
Because of'the time required by the Government to evaluate proposals and make an award, offerors are instructed to specify on the SF-33 a proposal acceptance period of not less than 60 days._
(End of Provision)
I L.8 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION (MAR 1987) ALTERNATE I'(MAR 1987)
The Standard Industrial Classification for the supplies and/or
. services described herein is 7011. The small business standard is
' average annual receipts of $3,500,000.00 overthepastthree(3) years.
(End of Provision)
L.9 AWARD NOTIFICATION AND' COMMITMENT OF PUBLIC FUNDS (JUNE 1988)
All offerors will be notified of their selection or nonselection as soon as possible.
Formal notification of nonselection for unrestricted awards will not be made until a contract has been awarded.
Pursuant to requirements of Section 15.1001(b)(2) of the Federal Acquisition Regulation, preliminary notification will be provided prior to award for small business set-aside procurements.
.It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the NRC to the expenditure of public funds in connection with this procurement.
This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate the NRC contractually.
Informal contractual commitments include such actions as:
Encouraging a potential Contractor to incur costs prior to a.
receiving a contract, b.
Requesting or requiring a Contractor to make changes under a contract without formal contract modifications, Encouraging a Contractor to incur costs under a c.
cost-reimbursable contract in excess of those costs contractually allowable, and
se Page 66 RS-NRR-90-026 Section L-j d.
Committing the Government to a course of action with l
regard.to a potential contract, contract change, claim,-or. dispute.
(End of Provision)
L.10 ^ DISPOSITION OF PROPOSALS (JUNE 1988).
j Af ter award of the contract, one (1) copy of each unsuccessful-proposal will be retained by NRC's Division of Contracts and Property Mangaement. Unless return of the additional copies is requested by the offeror upon submission of proposal, all other copies will be destroyed.
This request should appear in any cover 1etter accompanying the proposal.
(End.ofProvision) e.
Technical and Management Proposal The Technical and Management Proposal must not contain any reference to cost. Resource information, such as data concerning l
labor hours and categories, materials, subcontracts, travel, computer time, etc., must be included in the Technical and Management Proposal so that the Offeror's understanding of the scope of work may be evaluated.
1
'The Offeror _shall submit with the Technical and Management Proposal full and complete information as set forth below to permit the government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.
Statements which paraphrase the statement of work without communicating the specific approach proposed by the Offeror or statements to the ef fect that the Offeror's understanding can or will comply with the statement of work may be construed as an indication of the Offeror's lack of understanding of the statement of work and objectives.
The Technical and Management Proposal must set forth as a minimum the following:
- 1) Discussion of the statement of work to substantiate the Offeror's understanding of the requirement.
- 2) Discussion of the proposed method of approach to meet the objective.
- 3) Indicate potential problem areas and the approach to be taken to resolve the areas.
- 4) Statements of any interpretations, requirements, or assumptions made by the Of feror.
Page 6S RS-NRR-90-026 Secticn L i
effort.
(EndofProvtston)
L L.11 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987) 1 l
It is the polley of the Executive Branch of the Government a
that (a) Contractors and Subcontractors engaged in the performance i
of Federal contracts shall not, in connection with the ernployment, i
advancement, or discharge of employees or in connection with the I
terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bonafide occupational qualification, retirement plan, or statutory requirement,and(b)thatContractorsandSubcontractors,orpersons acting on their behalf shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, j
retirement plan, or statutory requirement.
(End of Provision)
L 12 TIMELY RECEIPT OF PROPOSALS / BIOS (JUNE 1988)
Since NRC is a secure facility with perimeter access control, offerors / bidders shall allow additional time for hand delivery (including express mati and delivery services) of proposals / bids to ensure that they are timely received in the depository at the address shown in Item 9 on the Standard Form 33.
(End of Provision)
L.13 CONTRACTOR ESTABLISHMENT CODE (FAR 52.204-4) (AUG 1989)
In the block with its name and addren, the offeror should supply the Contractor Establishment Code appitcable to that name and address, if known to the offerer. The number should be preceded by
" CEC." Offerors should take care to report the correct CEC and not a similar number assigned to the Offeror in a different system.
The CEC is a 9-digit code assigned to a contractor establishment that contracts with a Federal executive agency.
The CEC system is a contractor identification coding system which is currently the Dun and Bradstreet Data Universal Numbering System (DUNS).
The CEC system is distinct from the Federal Taxpayer Identification Number (TIN) system.
The Government will obtain a Contractor Establishment Code for any awardee that does not have or does not know its CEC.
(End of Provision)
g$.ygg.90 026 Section L L.14 PROPOSAL PRESENTATION AND FORKAT (MAR 1987)
[
ALTERNATE I-(MAR 1987) a.
Proposals must be typed, printed or reproduced on letter-size paper and ee.ch copy must be legible.
b.
Proposals in response to this Request for Proposal must be submittedinthefollowingthree(3)separateanddistinctparts:
- 1) Two (2) original signed copies of this solicitation package. All applicable sections must be completed by the Offeror.
- 2) One (1) original and three (3) copies of Section B.2 entitled " Pricing Schedule" must be submitted. The " Pricing Schedule" must be submitted separately from the " Technical and Management Preposal."
- 3) One (1) original and three (3) copies of the
" Technical and Management Proposal" shall be submitted.
c.
Correctness of the Proposal Caution--of ferors are notified that all information provided in its proposals, including all resumes, must be accurate, truthful, and complete to the best of the offeror's knowledge and belief.
The Commission will rely upon all such representations made by the offeror both in the evaluation process and for the performance of the work by the offeror selected for award.
The Commission may require the offeror to substantiate the credentials, education and employment history of its employees, subcontractor personnel and consultants, through submission of copies of transcripts, diplomas, licenses, etc.
The Technical and Management Proposal shall set forth as a minimum the following:
1.
Location - Degree to which your facility will enhance the overall success of the conference.
Areas to be discussed may include, but should not necessarily be restricted to, such items as safety / security of the locale, ease of access from main thoroughfares, availability of trans-portation to airports, and proximity to airports.
2.
Conference Facilities - Degree to which your conference facilities will help support an overall positive conference experience for the guests.
For example, show and/or discuss how the decor and size of the conference /
break-out rooms will contribute to the guests' comfort and will enhance communications by providing a comfortable, distraction free environment.
Such things as handicap accommodations, audio visual equipment and set-up, heating and ventilation, furnishings, ease of, access, and other environmental factors should be thoroughly addressed.
3.
Guest Rooms - Degree to which your guest rooms will contribute to the guests' comfort; i.e., handicap accommodations, the availability of non-smoking rooms, proximity to dining facilities; quality of furnishings, maintenance of fixtures, and any special amenities.
Page 70 R$-NRR-90-026 Section L 4.
Food Service - Degree to which the size of the dining facility and quality of the food service will further enhance the conference goals.
S.
Facility Management - Discuss the level of comitment facility management will exhibit to provide excellence of service.
It is likely that events will require flexibility of facility management and staff to meet changing needs and schedules precipitated by mission-related or other unanticipated events.
It is paramount that facility management is organized and staffed to meet changes and adjustments with minimal disruptions, to the flow and success of the conference. Discuss your ability to provide a facility conference manager who has the authority to make immediate changes and/or adjustments as may be required, or to authorize repairs of equipment or facilities. Discuss the facility support staff's ability to respond to anticipated and unanticipated conference needs.
Olscuss facility management's and staff's philosophy / attitude on being responsive to the needs of the conferees and to make accommodations that may differ from normal facility procedure to meet the needs of the conference.
(End of Provision)
L.15 SURVEYS NRC may conduct surveys of all those offerors in the Competitive Range and will hold discussions at that time.
(End of Provision)
n RS-NRR-90-026 I TIC" M SECTION N - EVALUATION FACTORS FOR AWARD M1 NOTICE tisTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE None by reference M.2 CONTRACT AWARD AND EVALVATION OF PROPO$ALS (JUNE 1988)
By use of numerical and narrative scoring techniques, a.
proposals will be evaluated against the evaluation factors specified in the paragraph below. These factors are listed in their relative order of importance. Award will be made to the offeror (1) whose proposal is technically acceptable and (2) whose technical / cost relationship is most advantageous to the Government; and who is considered to be responsible within the meaning of Federal Acquisition Regulation Part 9.1.
b.
Although cost will be a factor in the evaluation of proposals, technical merit in the evaluation criteria set forth below will be a more significant factor in the selection of a Contractor. Further, to be selected for an award, the proposed cost must be realistic and reasonable, c.
The Government may:
- 1) Reject any or all offers if such action is in the public interest.
- 2) Accept other than the lowest offer.
- 3) Waive informalities and minor irregularities in offers received.
d.
The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint, A separate cost analysis will be performed on each cost e.
proposal.
To provide a common base for evaluation of cost
s i
2 REVISED 8/89 Frequency:
The contractor shall submit an voucher or invoice only af ter NRC's final acceptance of services rendered or products delivered in performance of the contract unless 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).
Corrections or erasures must be initialed.
To be considered a proper voucher / invoice, all of the following elements must be included:
1.
Contract number 2.
Sequential voucher / invoice number.
3.
Date of voucher / invoice.
4.
Project Officer's name and mailstop as designated in the contract.
5.
Payee's name and address.
(Show the name of the contractor and its correct address.
In addition, when an assignment of funds has been made by the contractor, or a dif ferent payee has been designated, include the name and address of the payee.)
Indicate the name anti telephone number of the individual responsible for answering questions the NRC may have regarding the voucher / invoice.
6.
Description of articles or services, quantity, unit price, and total amount.
7.
Weight and zone of shipment, if shipped by parcel post.
B.
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 contracts under which progress payments are authorized, the final voucher / invoice shall be marked
" FINAL VOUCHER" or " FINAL INVOICE."
Currency: Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U. S. dollar equivalent for all vouchers / invoices paid under the contract may not exceed the total V. S.
dollars authorized in the contract.
Supersession:
These instructions supersede any previous billing instructions.
wuow - a PART 20-1 o GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20 1.5401 Scope and policy.
20-1.5402 De.fini tions.
20-1.5403 Criteria for recognizing contractor organ { rational conflicts of interest.
20 1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405 1 General contract clause.
20-1.5405-2 Special contract provisions.
20 1.5406 Evaluation, findings, and contract award.
20 1.5407 tonflicts identified after award.
20-1.5408 (Reserved) 20 1.5409 (Reserved) 20 1.5410 Subcontractors.
20-1.5411 Waiver.
20 1.5412 Remedies.
AUTHORITY:
Sec. 8, pub. L.95-601, adding Sec.170A to pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and policy (NRC)(a) It.is the policy of the U.S. Nuclear Regulatory Comission to avoid, eliminate or neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all prospective contractors to submit infomation describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or' potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgrant on virtually a case by case basis is necessary if the policy is to be ' applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test ist Hight the contractor, if awarded the con;ract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage 7 (c)
The conflict of interest rule contained in this subpart applies to contractors and offerors only.
Individuals or fims who have others relationships 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 appointent orocess NRC _.
7590 01 agreements with other government agencies, international organtastions, or state, local or foreipn governments; separata procedures for avoiding conflicts of interest wi be employed in such agreements, as appropriate.
520-1.5402 Definitions (a) *0rganizational conflicts of interest
- means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract whicht (1) May diminish its capacity to give inpartial, technically sound, objective as.sistance 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" steans any scientific or technical work involving 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 forculation or administration of its programs, projects, or policies which normally 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; arid preparation of preliminary designs, specifications, or statements of work.
(e)
" Contract' means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1. 5401 (c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co spontor, partnership, corporation, effiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract),
or subcontractors, which is a party to a contract with' proposed consultants 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 p rt controls or has the power to control both (41 CFR ll-1.606-1(e). y (h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for l supplies and subcontracts in amounts of $10,000 or less.
(1) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel I
(identified in the proposal), proposed consultants, or subcontractors, l
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u 7590o01 (j)
' Potential conflict of interest" means that a factual $ttuation exists that suggests (indicates) that an actual conflict of interest may arise from awars of a proposed contract.
The ters " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award woulv give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
I 20-1.5403 Criteria for recognizing contractor organizatier.a1 conflicts of interest (a)
General.
Two questions will be asked in determining whether actual or potential organitational conflicts of interest exist:
(1) Art there conflicting roles which might bias a contractor's judgment in
~,
rtlation to its work for the NRCT (2) May the contractor be given an unfair competitive advantage based on the perfonnance of the contract?
Tia ultinte detennination by NRC as to whether organizational conflicts-of interest exist will be made in light of comnon 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 all of the various situations or relationships
-which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b)
$ttuations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose inforntion concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1)
Where the offerer or contractor provides advice and reconnendation to the NRC in a technical at ta in which it is also providing consulting assistance in the same arec.to any organization regulated by the NRC.
(ii) Whers 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 contractor in a conflicting role in which its judgment r.ay be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
.h
~
I 7590-01 '.
(t) The contracting officer my request specific information from an offeror er contractor or may require special contract provisions such as provided in $ 20-1.5405 2 in the following circumstancest (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 offorer or contractor prepares plans 'for specific approaches or methodologies that are to be incorporsted into competitive procurteents using such approaches or methodologies.
(1115 Where the offeror or contractor is granted access to infonnation
. not avaihable to the public concerning MRC' pfans, policies, or programs which could fors the basis for a 14 tar procurement action.
(iv) Where the offeror or contractor is granted access to proprietary infonnation of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment my be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (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 manufacturer.
Guidance. An NRC contract for that particular work nortnally would not be awarded to the XYZ Corp. because it would be placed in e Msition in which its judgment could be biased in relationship to its wori for NRC. Since there are other well-qualified coc94ntes available, there would be no reason for considering a waiver of the policy.
(2) Example.
The A8C 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 companies responding to the RFP, the ABC Corp is performing 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 NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
4
7 7590 01 l
c Guidance.
An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.
An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the perfomance of the NRC contract with the private sector 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.
(3)
Example.
As a result of operating problems in a certain type of comercial nuclear facility it is imperative that MRC secure specific data on various. operational aspects of that type,of plant'so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time.
That company has a definite interest in any NRC decisions that might result from the data produced because those deci'sions affect the reactor's design and thus the company's costs.
- Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver.shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4)
Example.' The ABC Co. submits a proposa'l for a '.ew system for evaluating a specific reactor component's perfomance for the purpose of developing standards that are important to the NRC prrgram. The ABC Co.
has advised NRC that it intends to sell the new sys's to industry once its practicability has been demonstrated.
Other e.epanies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been r(ported to NRC. Information which is reported to NRC by contractort-will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
5-
755-01 i
(5)
Example.
The ABC Corp.
in response to a RFp proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFp and l
120-1.5403(b)(1)(1, A8C Corp. informs the NRC that it is presently l
doing seismolog'ical) studies for several utilities in the Eastern U 5tates but none of the sites are within the geographic area conteplated by the NRC study.
Guidance.
The contracting officer wov1d norina11y conclude that award of a contract would not place A8C Corp. in a conflicting role where its judgment might be biased.
The work for others clause of $20 1.54051(c) would preclude ABC Corp from accepting work durin of the NRC contract which could create a confitet of interest.g the tem (d)
Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational i
l conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional l
reputation of being abl.e to resist temptations which arise from orqanizationt l
conflicts of interest, or that a follow-on procurement is not invo' ved, or that a contract is awarded on a compet'1tive or a sole source basis.
120-1.5404 Representa tion l
(a) The following procedures are designed to assist the NRC contracting.
officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation pmcedure.
The following organfrational L
conflicts of interest representation provision shall be included in all l
solicitations and unsolicited proposals for:
(1)Evaluationservicesor activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organization conflicts of interest provision; are noted in the solicitation and would be included in too resulting contract.
This remresentation requirement shall also apply to all modifications for additional effort under the contract except those issued under the ' changes" clause.
Where, however, a statement 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.
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! 0RGANIZATIONAL CONFLICT 5 0F INTEREST REPRESENTAfl0N f
I represent to the best of my knowledge and belief that' The award to of a contract or the modification of an existing contract coes ( ') or cpes not ( ) involve situations or reintionships r i of the type set forth in 41 CFR 8 20-1.5403(b)(1).
% (c). Instructions to offerers.
The following shall'be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 201.5403(b)(1) are involved, or the contracting officer otherwise detennines that potential organitational conflicts exist, the offeror i
shall provide a statement in writing which describes in a concise unner all. relevant facts bearing on his representation to the contractinn officer.
If the contracting officer determines that organizations' conflicts' exist, tbt follcwing actions may be taken:
(1) 140se appropriate conditions which avoid such conflicts. (ii) disqualify the of feror..or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of l
1 20-1.5411.
(
1 l
(2) The refusal to provide the representation required by I20 1.5404(b) or upon request of the contracting officer the facts required by *1201.5404(c), shall result in disqualification of the offeror for award.
The nondisclosure or misrepresentation of any relevant interest my also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract my be terminated.
The offeror my also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d)
The offeror N y, because of actual or potential organizational conflicts of interest, propose to etclude specific kinds of work from the statements of work contained in a RTP unless the RTP specifically l
prohibits such exclusion.
Any such proposed exclusion by an offeror I
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 offerors, the proposal must be l
l rejected as unacceptable, (a)
The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor infonnality, and the offeror will be permitted to correct the omission.
I 20 1.5405 Contract clauses 1 20-1.5405 1 General contract clause 7-
,l 7590-01
.I i
All contracts of the types set forth in 120-1.5404(b) shall include the following clauses.
The primary (purpose of this clause is to aid in1) is n (a)
Purpose.
ensuring that the contractors becsuse of current or planned interest (financial, contractual, organization.
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. -
l (b)
Scope.
The restrictions described herein shall apply to l
performance or participation by the contractor as defined in 41 CNt I 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrtes to L
forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rf se to a conflict l
of interest with respect to the work being performed under this contract.
l The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if l
any, under this contract abide by the provision of this clause.
If the contractor believes with respect to itself or any such eeployee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written. approval of the contracting officer prior to execution of such contractual arrangement.
(d) Disclosure af ter award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational confitets of interest, as defined in 41 CFA 8201.5402(a).
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(2) The contractor agrees that if after award it discovers organizatic l
conflicts of interest with respect to this contract, it shall make an imediate and fv11 disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat,e such confi tets. The NRC shay, however, terutnate the contract for convenience l
if it deems such termination to be in the best interests of the government.
Access to and use of information.
(1) If the contractor in I
(e) the performance of this. contract obtains access to information, such as I
NRC plans, policies, reports, studies, financial plans, internal data i
protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the cohtractor agrees not to: (1) Use such information for any(private purpose until the information has released to the public;
- 11) compete for work for the Comission based
o 7590 01 on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year af ter the release of such infomation to the public, or (iv) release the information without prior written approval by the contracting officer unless such inicmation has previously been released to the public by the NRC.*
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93 579), or other confidential or privileged technical, business, or financial information under* this contract, the contractor shall treat such information in accordance with restrictions placed On use of the information.
(3) The contractor shall have..swbject 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)
Subcontract Except as provided in 41 CFR 8 20-1.6402(h), the contractor shall incl.s.ude this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer,"'shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government my 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 requ'est for waiver under this clause shall be directed in writing through the contract.ing officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 120 1.5411.
t20-1.5405 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 120 1.5411 neutralized through the use of an appropriate special contract provision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses. including the extent and time period of any such restriction. These provisions include but are not limited to:
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I 7590 01 L
(1)
Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)
Software 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 confidential date and gu,ard against its unauthorized use, section (1),he following ad,ditional contract' clause may be included as (b)
T in the clause set forth in i 20 1.5405-1 when it is determined that award of a follow on -contract would constitute an organizational conflic,t of intertst.
(i)
Follow bn affort.
(1) ine contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's perfomance of work under this contract.
Furthemore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products t;r services of another firm if the contractor has been substantially involved in the development or marketing of su'ch products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the conttactor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement 1
of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3)
Nothing in this paragraph shall preclude 1,he contractor from offering or selling its standard commercial items to the governeant.
1 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted.
by an offerer pursuant to the representation requirements of 1201.5404(b) and other relevant information.
Af ter evaluating this information agains't the criteria of J 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 oeen determined that conflicts of interest exist, tnen tne contracting of ficer shall eitner:
(a)
Disqualify, tne of feror from award,
7590 01 Avoid or eliminate such cort licts by appropriate measures; or f
(b)
(c)
Award the contract under t'he waiver provision of 620 1.5411.
1 206).9407 Conflicts identified after 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 wobld not be, in the best interests, of the government to teminate the i
corttract as provided in the clauses required by $ 201.5405, 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 icentified conflict.
520 1.5408 (Reserved) 520 1.5409 (Reserved) i20 1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit'a representation statement in accorcance with 120 1.5404(b) from subcontractor:, and consultants.
The contracting of ficer shall require the contractor to incluce contract clauses in accordance with 120-1.5405 in consvitant agreements or subcontracts involving performance of work under a prime contract covered by this subsection, i20 1.5411 Vaiver in the first instance, determination with respect to the need to 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 Caecutive legal Director.
Upon the recomendation of the contracting officer, and af ter consultation with the Office of the 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 t'o do 50.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily perfonned 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 HRC to neutralize the conflict.
For any such waivers, the justification and approval cocuments shall be placed in the Public Document Room.
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7590 01 620 1. 5412 Remedies 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 Washinoton. 0.C t.his 27th day of Ma'rch 1979.
1 For the Nuclear Regulatory CorEission S.
UD3 i t
,L Samuel
. Chilk Secretary of the CocciS5 ion 4
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