ML20006A489
| ML20006A489 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1989 |
| From: | Mark Flynn, Hannon E NRC OFFICE OF ADMINISTRATION (ADM), UTILITY DATA INSTITUTE, INC. |
| To: | |
| Shared Package | |
| ML20006A448 | List: |
| References | |
| CON-FIN-L-10870, CON-NRC-02-90-007, CON-NRC-2-90-7 NUDOCS 9001290025 | |
| Download: ML20006A489 (63) | |
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U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Contract Negotiation Branch No.1, P-1020 Contract Administration Branch, P-902 Div. of Contracts & Procerty Management i Div. of Contracts & Property Management Washington 0.C.
20555 l Wasnington. 0.C.. 20555 t
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Utility Data Institute, Inc.
' C 8CB ORIGIN
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1700 X Street, N.W.
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Suite 400 Washington, D.C.
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U.S. Nuclear Regulatory Commission Div of Accountin; i Finance; GOV /CCM Secti:n i See Sect 1on F.5
- h. avt-omif v e5n vsma ot-6a r.:n,rmn~o cetsrcsh it aCCov~r No -No age.ce.0555 1
Washincton. D.C.
2
,ar.oN out a B&R: 050-19-33-010 APPN: 31X0200.050 FIN:
L10S70 OBLIGATED AMOUNT: 544,881.00 :
[ 4 u S C. :ssien 1
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15A ITEM NO I 159 SLF8L1ESJSERvtCES ISC. QU AN TITY 1150.Nif i 1EE LNIT amlCE I
- EF AMOUNT l
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~The-U.S. Nuclear Regulatory Commission hereby accepts Utility Date 'nstitute. Inc.'s proposal dateo Septemcer 27, 1989 as amended ty letter cated,Novemcer 8,1989 (hereoy incorporated by reference) to perform the woric herein.
This firm fiked price recuirements type entract is completed as follows:
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9001290025 900101 Continued on next Nge) I s
PDR LiliTR i
NRC-02-90-oo7 PDC iso. TOTAL AMovNT OF CONTR ACT _>t s d
- 16. TABLE OF CONTENTS VI:SEC. !
OE SC R IPt'CN iPAGE:S:t vi ISEC 1 lESCRIPTICN iPAGE$~
pAmttotwtSCMtoubt I
8Amt si-CONTR ACT CL&v$tS yi A i SOLICITATICN/CCNTR ACT *CRM l
lXl 8 l CONTR ACT CLALSES y*
B i SUPPLIES C A SEPVICES AND PoiCES/CCSTS i
I paaT iii - List or ooCuvtNts. Exwisits ANo ot-t m ATT ACm y
C 1 DESCRIPTION / SPECS / WORK STATEMENT I
iXl J l Li$7 CF ATTACwMENTS y
O i PACKAGING AND MARKING l
1 Dant sv - atpaLSENT AttoNS ANo.N57RUC?loNS y.
E I INSPEC*itON AND ACCEPT ANCE I
lK REPoESENTATICNS OERTIFICA? TONS AND
\\
OTHER STATEMENTt CF oFFE8C AS I
l y*
8 i OELIVE RIES CR PERFORMANCE i
l i
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G I CONTR ACT ADMINISTR ATION OATA t
l l L iINSTAS CONCS AND NOTICt! % OFF**Cos i
i h
X' w I SPECIAL CONTa ACT REcutREMENTS I
I i M i EV ALU AT40N F AC'O RS FOR A'+'. ARO CONrRACrJNG 0fflCER Will COMPLErfirEM 110R 18 AS APPitCA8tE l a. O a-A o <C.
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imp 20A. NAME QF CONT R ACTING GFlfiCER
&$A.,g AME AND Ts TL4 QF SIGp #TyP..r aria.,
b5 M M S FIM W od b
h1.M i i> OW Mark J. Flynn 195. %AME QF CONT RACTom ;
4 9C.oATE SIGNED 208.V N t tA o
aCA 20C. oATE SaGN Lo
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Section B.2 - CONSIDERATION AND OBl.!GATION - FIRM FIXED PRICE is hereby deleted in its entirety and replace.1 with the following:
8.2 CONSICGAliON AND 08 LIGATION The t:tal estimateo amount f Ahis centract (ce *f ag) f:r a.
the precucts/ services criserec. deliverec. anc acceptee uncer this centract is $44.681,00. The. Contracting Of'icer may unilaterally f acrease this amount as.necessary for ccmcittien of creers te be placeo witn the C:ntract:r during the c:ntrait perice crevided suen Orcers are within any maximum orcering limitation prescritec uncer this c:ntract.
b.
The amount presently obligatec with rescoct to this c:ntract is $44,881.00. The coligation amount shall, at no time, exceea the contract ceiling as specified in paragt sch B.2.4. above.
When anc if the amount (s) paid ano payaole to the Contract:r hereunder snall soual the coligateo amount, the Contracter shall not ::e obligateo to c:nt1nue perfcrmance of the work unless and until the C:ntract1ng Officer snall increase the amount obligated with resetet to this c:ntract.
Any work undertaken by the Contracter in ext.ts! Of the coligatec amount specified above is cone so at the Centnet:r's sole risk.
(End of Clause) 2.
M iect::n 3.3 - SCHEDULE OF PRICES. delete in its entirety anc reolace with
- r.e f
- llowing:
.N!i iOTAL l
- '. !N DESCRIPTION OTY UNIT MICE
,AM,0VNT Annual Subscription 1
EA t
Fee 2001AA TASK 1 1
EA OC01AS Task 2 1
EA 1
.w1AC Tasx 3 1
EA 1
OC01A0 Tasr 4 EA i~
0001AE Task 5 EA 0001AF Task 6 I
EA 4
0001AG Talk 7 i
EA 0002AA Online Access to 12 M0
~
Custom 12ed Data SMe 0002AB Estimated Clock Hours 192 HR of Online Usage 0002AC Host Computer Charge 1000 Units For Fttimarad nnlino
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_o" NRC-02-90-007 Page 3 i
UNIT TOTAL 2.
CCU N DESCPIPTION E
UNIT PRICE AMOUNT _
{
2003 User Training at NRC 1
EA l'
Site 000 Software User Guices 2
EA 0005AA Monthly Progress 5
EA Reports t
2005AB Final Report 1
EA (craft anc final) cpi!ON YEAR ONE { YEAR TWO)
Annual Subscription EA Fee
- 005AA Continuea Online Access 12 M0 to Customizec Data Base.
inclucing any cocumenta-
~ tion upcates for option year one.
- 005AB Estimatec Clock Hours
'92 HR of Online Usage
- CSAC Host Computer Charges 1000 Units for Estimatec Online Usage
- PTICN YEAR TWO (YEAR THREE!,
t Annual Subscription 1
EA Fee
- 007AA Continueo Online Access 12 M0 to Custom 1zec Data case, inclucing any documenta-tion updates for option year two.
0007AB Estimatec Clock Hours 200 HR f
of Online Usage C007AC Host Computer Charges 1200 Units i
for Estimatec Online Usage
NRC-02-90-007
=.
Page 4 j
e UNIT TOTAL i
c t!N DESCRIPTION OTY UNii
.P.f I,q AmoVNT OPi!ON YEAR THREE (YEAR FOUR)
Annual Subscription 1
EA Fee 000SAA Continued Online Access to 2
M0 Custo:1:ed Data Base.
incluaing any documenta-tion updates for option i
year three.
0008AB Estimated Clock Hours 200 HR of Online Usage 000 SAC Hos: Computer Charges 1200 Unt:s for Estimatec Online Usage 2.
In sec:1:n F.5 - PLACE OF CEL!VERY -- REPORTS paragr3:n 3. :s :::cletec
- reac as follows:
U.S. Nuclear Regulatery Commission ATIN:
Gary Roles. 0WFN 5-E-4 Division of Low-Level '4aste Managemen:
anc Cecommissioning
'dasnington. 0.C.
20555
- - iec:1:n F.5 -- PLACE OF CEL:VERY -- REFORTS.-para;rt:n :. is ::meletec
- reac as follows:
Con:rac: Numoer: NRC-02-90-007 5..
- s fec:::n F.6 - DURATION CF *0NTRACT FERICD, the sen:s :s snal:
eac:
1 1
'he :erloc :f Perf:rmance is from Decemoer 22. '959 :nrougn i
l Decemoer 21, 1990.
5,
- .. isc ::n G.1 - PR0;ECT CFFICER AUTHORITY. Dara;ra:n !. 5 ::::lete
- eac as follows:
Name:
Gary Roles Accress:
U.S. Nuclear Cegulat:ry Commission Division of Low-i.evel Waste S.anagement anc Dece missioning Mali Stoo: OWFN 5-E !.
Wasnington. D.C.
20555 Teleonone Num er:
(3011 492-0595 7.
In Section H.1 - KEY PERSONNEL. paragraon a. is complete: o reac as follows:
Melinda Renner Caroline Martinson
)
c NRC-02-90-007 I
Page 5 l
1 i
8.
In Section ! - CONTRACT CLAUSES, clauses 1.7 ana I.8 are nereoy deleted in their entirety.
)
)
9.
The following clause in hereby incorporated:
I.7 REQUIREMENTS (FAR 52.216-21)(APR1984) l (a) This is a recuirements contract for the supplies or services i
specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schecule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's recuirements do not result in orders in the quantities described as
" estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or :erformance shall be made only as authorized by orcers issued in accordance with the Ordering clause.
Subject to any limitations is the Delivery-Order Limitations clause or elsewnere in this contract, the Contractor shall furnish to the Government all succites or services specified in the Scheoule and calleo for by orcers issued in accordance with the Orcering clause.
The Government may issue orders recuiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purenaseo by the
(
Government activity or activities specified in the Scheoule.
(d) The Government is not reouired to purchase from the Contractor requirements in excess of any limit on total orders uncer this contract.
(e) If the Government urgently requires delivery of any cuantity of an item before the earliest date that delivery may be scacified under this contract, and if the Contractor will not acceot an orcer providing for the accelerateo delivery, the Government may acouire the urgently required goods or services from another source.
L (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The c:ntract shall govern the Contractor's and Government's rights ano obligations with respect to that order to the same extent as if the l
l order were completed during the contract's effective perice; provided, that the Contractor shall not be recuired to mate any deliveries under this contract after expiration date of final delivery order..
i (End of Clause) 1
4
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NRC-02-90-007?
, 4 -.,
Page'6
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i 10.' - UDI LOW ~ LEVEL WASTE DATA BASE AGREEMENT, of the Technical'
. and Management-Proposa1' dated September 27. 1989 is celeted in its entirety, including all references thereto..
.All other-terms and conditions of the proposal remain the same, j
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4 3OLICITATION, OFFER AND AWARD Page I of 2 Pages
- 1. This contract is a rated order under DPAS(15 CFR 350) RATING:
i
- 2. CONTRACT NO.
- 3. SOLICITATION NO.
l4. TYPE OF SOLICITATICN l
RS-NMS-89-011 l
( ) SEALED BID (IFB) l (X) NEGOTIATED (RFP)
- 5. DATE ISSUED
- 6. REQUISITION / PURCHASE REO. N0.
q { g NMS-39-011
- 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 & Procerty Mgmt.
l in Item 7.
Handcarried offers Contract Neg. Brahch P-1020 l
(including Express Mail) must be Washington, DC 20555 delivered to the accress in Item 9 NOTE: In sealec cid solicitations, " offer" ana " offeror" mean " bid" ano
" bidder" SOLICITATION
- 9. Seaiec of fers in original ano 2 signec copies for furnisnin; the suppiies or services in tht Schedule will be receiveo at the place specified in Item 6. or if hancearried, in the depository locateo in Room 1011, 7920 Norfolk Avenue, Bethesca. MD 20814, until 3:00 local time on OE' JO?.
CAUT'CN-LATE 9 /M /s9 Submissiens, Modifications, and Withdrawals: See Section L. Deovision No.
52.214-7 or 52.215-10.
All offers are sucject to all terms ano conoitions containea in this solicitation.
- 10. FOR INFORMATION;A. NAME:
lB. TELEPHONE NO. (Incluce Area Coae) lALL:
l David T. Collins l
(NO COLLECT CALLS) l l
(301) 492-9736 l
l 11.
TABLE OF CONTENTS X SEC DESCRIPTION
- AGE ( S )
PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D
PACKAGING AND MARK!NG 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 INSTRUCTICNS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS 0: OFFERCRS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS M
EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by of feror)
NOTE:
Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.
SOLICITATION, OFFER AND AWARD Page 2 cf 2 Pages
~
- 12. In compliance with the above, the unoersigned 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 above, 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 specified in the schedule.
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-S) 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS
_ CALENDAR DAYS T
- 14. ACKNOWLEDGEMENT OF AMEN 0MENTS (The offerer acknowledges receipt of amencments to the SOLICITATION for offerert and related documents numbered and datec:
AMENDMENT NO.
DATE AMENDMENT NO.
DATE ISA, NAME AND
- CODE l FACILITY l l16. NAME AND TITLE OF ERSON ADORESS l
l AUTHORIZED TO SIG'i 0FFER OF l
l (Type :r print) 0F:E;0R ISB. TELEPHONE NO. (Include Area ;15C. CHECK IF REMITTANCE ADDRESS IS C:ce) l ( ) DIFFERENT FROM ABOVE - ENTER SUCH l
ADDRESS IN SCHEDULE l
- 17. SIGNATURE:
- 18. OFFER DATE:
AWARD (To ce completeo by Goverment)
- 19. ACCE?iED AS TO ITEMS NUMBERED;20. AMOUNT l21. ACCOUNTING AND APPROFRIATION l
'22. AUTF3RITY FOR USING OTHER THAN FULL AND OPEN CCMPETITION:
( ) 1] U.S.C. 2304(c)( )
(X) 41 U.S.C. 253(c)(1)
- 23. SU5MIT INVOICES TO ADDRESS SHOWN IN l ITEM (4 ::cies unless otherwise specified)
- 24. ADMINISTERED BY CODE.
l25. PAYMENT WILL BE MADE BY CODE (If :ther than Item 7) l U i. Nuclear Regulatory Commission l
Div:sion of Accounting and :' nance l
GOV /CM Accounting Section Washirgton. OC 20555
- 26. NAME OF CONTRACTING OFFICER l27. UNITED STATES OF AMERICA l28.AWARO (Type or Print) l l
DATE
'(Signature of Contracting Officer)'
IMPORTANT - Awarc will be mace on this Form or on Standard Form 26, or by other authorized official wr.tten notice.
Ib'EPTIONTOSTANDARDFORM33(REV.4-85)
~
e
TABLE OF CONTENTS PAGE 3 4
SOLICITATION, OFFER AND AWARD...........
1 TABLE OF CONTENTS.................
3 PART I - THE SCHEDULE........................
7 SECTION E - SUPPLIES OR SERVICES AND PRICE / COSTS..........
7 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)........
7 B.2 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE..
7
-(JUNE 1988) 8.3 SCHEDULE OF PRICES.....................
7 SECTION C - DESCRIPTION / SPECIFICATION.
9
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987).
9 SECTION
- PACKAGING AND MARKING.......
- 5 0.1 DACKAGING AND MARKING (MAR 1987).
- 5 SECTICN E - INSPECTION AND ACCEPTANCE....
- 6 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY RE~ERENCE
- 6 E.2 INSPECTION AND ACCEPTANCE...
- 5 SECTION
- - DELIVERIES OR PERFORMANCE..........
- 7 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY RE
- ERENCE
- 7 F.2 TIME OF DELIVERY (FAR 52.212-1) ( APR 1984).
- 7 L
'":TARATION CT TE#nn s m. REF;;i: A NC ::::;.
4 F.4 TECHNICAL PROGRESS REPORT (JUNE 1988)
- S (OMB CLEARANCE NUMBER 3150-0112)
F.5
? LACE OF DELIVERY--REPORTS (JUNE 1988).
- 9 F.6 DURATION OF CONTRACT PERIOD (MAR 1987).....
- 9 47ERNATE IV (JUNE 1988).
SECTION :
CONTRACT ADMINISTRATION DATA.........
20 G.1
,n0 JECT OFFICER AUTHORITY (MAR 1987)......
20 ALTERNATE II (MAR 1987)
G.2 REMITTANCE ADDRESS (MAR 1987).
20 SECTION 4 - SPECIAL CONTRACT REQUIREMENTS..
22 H.1 KEY PERSONNEL (JUNE 1988)....
22 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)..
23 H.3 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987).
23 H4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE ;988) 23 H.5 ORGANIZATIONAL CONFLICTS OF INTEREST......
23 (OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988)
H.6 SITE ACCESS BADGE REQUIREMENTS (JUNE 1988)...
25 PART II - CONTRACT CLAUSES............
27
~ CONTRACT CLAUSES......
27 SECTION !
1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY RE~ERENCE 27 I.2 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES....
28 (FAR 52.217-9) ( APR 1984) 1.3 RIGHTS TO PROPOSAL DATA (TECHNICAL) 28
i TABLE OF CONTENTS PAGE 4 (FAR 52.227-23) (JUN 1987)
I.4 CLAUSES INCORPORATED BY REFERENCE....
29 (FAR 52.252-2) (JUN 1988) 1.5 DRUG-FREE WORKPLACE (FAR 52.223-6)........
29 1.6 PROMPT PAYMENT (52.232-25) ( APR 1989)...........
31 I.7 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT.........
35 f
INTEGRITY -- MODIFICATION. 52.203-9 (MAY 1989)
I.S REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY (52.203-10)...
37
+'
(MAY 1989).
t I.9 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS....
39 i'
(52.225-13) (MAY 1989)
I.10 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING..
40 f
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (52.209-6) (MAY 1989)
PART ::: - LIST OF DOCUMENTS, EXHIBITS 12 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS..............
12 J.;
ATTACHMENTS (MAR 1987).....
42
[
4 REPRESENTATIONS AND INSTRUCTIONS A3 PART :','
SECT:CN < - REPRESENTATIONS, CERTIFICATIONS ANO.,..
23 OTHER STATEMENTS OF OFFERORS K.;
CERTIFICATE OF INDEPENDENT PRICE.....
23 DETERMINATION (FAR 52.203-2) ( APR 1985)
K.:
CONTINGENT FEE REPRESENTATION ANO.......
24 AGREEMENT (FAR 52.203-4) (APR 1984)
K.I TAXPAYER IDENTIFICATION (FAR 52.204-3) (NOV 1988) 15 i
K.
TYPE OF BUSINESS CRGANIZATION (FAR 52.215-6) (JUL ;987) 46 K.5 AUTHORIZED NEGOTIATORS (FAR 52.215-11) ( APR 1984) 46 K.6 PLACE OF PERFORMANCE (FAR 52.215-20) (APR 1984).
46 K.'
SMALL BUSINESS CONCERN REPRESENTATION......
17 (FAR 52.219-1) (MAY 1986)
K.5 SMALL DISADVANTAGED BUSINESS CONCERN.......
47 REPRESENTATION (FAR 52.219-2) (APR 1984)
K.9 WOMEN-0WNED SMALL SUSINESS REPRESENTATION...
48 (FAR 52.219-3) ( APR 1984)
K.;; PREFERENCE FOR LASOR SURPLUS AREA CONCERNS....
48 (FAR 52.220-1) ( APR 1984)
K. : CERTIFICATION OF NONSEGREGATED FACILITIES...
19 (FAR 52.222-21) ( APR 1984)
K 12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS...
50 (FAR 52.222-22) ( APR 1984)
K.13 AFFIRMATIVE ACTION COMPLIANCE,.........
50 (FAR 52.222-25) (APR 1984)
K.14 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED..
50 COMPUTER SOFTWARE (FAR 52.227-15) (JUN 1987)
K.15 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988).
51 K.15 CERTIFICATION REGARDING DEBARMENT STATUS (JUNE 1955).
52 K.17 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988).
52 K.;B CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE ;;88).
52 K.19 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY..
52 (52.203-8) (MAY 1989)
I E
TABLE OF CONTENTS PAGE5 t
K.20 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,.......
55 i
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (52.209-5) (MAY 1989)
K.21 CERTIFICATION REGARDING A ORUG-FREE WORKPLACE.......
56 (FAR 52.223-5) i K.22 NOTICE OF RESTRICTIONS ON CONTRACTING WITH SANCTIONED...
58
~
PERSONS (52.225-12) (MAY 1989)
SECTICN L - INSTRUCTIONS, CONDITIONS, AND NOTICES..........
59 TO OFFERORS-L.;
NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED.
59 l
BY REFERENCE L.2 TYPE OF CONTRACT (FAR 52.216-1) ( APR 1984).
59 L.3 SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988).
59 i
L.*
SOLICITATION PROVISIONS INCORPORATED BY..........
60 REFERENCE (FAR 52.252-1) (JUN 1988)
L. ;-
ESTIMATED DURATION (JUNE 1988)....,,....
60 L.6 ACCEPTANCE PERIOD (MAR 1987) 60 L.'
SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION 61 (MAR 1987) ALTERNATE I (MAR 1987)
L.!
NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987).
61 L.i DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1957).
61 L.;] TIMELY RECEIPT OF PROPOSALS / BIDS (JUNE 1988).
61 L.;*
DROPOSAL PRESENTATION AND FORMAT (JUNE 1988).
61 ALTERNATE II (JUNE 1988) (OMB CLEARANCE NUMBER 3150-0118)
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0FFERORS/BIODERS PLEASE NOTE:
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An (*) means the information is to be incorporated into any.
L resultant contract.
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4 Page 7 RS-NMS-B9-011 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.!
BRIEF DESCRIPTION OF WORK (MAR 1987)
The Contractor shall provide all necessary data, peasonnel, and sof tware for the successful implementation of on-line microcomputer access to a customizea data base of low-level waste disposal information.
This is the U.S. Ecology, Inc, data base to te cust:mized by the ::ntractor as described in the Statement of Work, 4
l Section C herein.
(End of Clause)
B.2 CONSIDERATICN AND OBLIGATION--FIRM CIXED PRICE (JUNE 1988)
The firm fixed price of thi s contract i s ___*___
(End of Clause)
B.2 SCHEDULE OF ORICES
~he services anc :ther deliverables as required hereie shall be provide: at the following prices:
BASE YEAR UNIT TOTAL r
CCLIN DESCRIPTION QTY UNIT PRICE AMOUNT 0001 Customizea 0*:gramming (Ref.
Section C.2.0) 0001AA Task 1 1
ea.
5 5
0001AB Task 2 1
ea.
0001AC Task 3 1
ea.
5 0001AD Task 4 1
ea.
0001AE Task 5 1
ea.
0001AF-Task 6 1
ea.
5 0001AG Task 7' 1
ea.
5 0002 On-line Access to 12 mo.
M 0%ea ett AA
T*{
E Page 8 y
RS-NMS-39-011 Section B Customized Base 1
0003 User Training at !;RC 1
es.
L-0004 Software User Guides 2-ea.
5 and documentation I
0005 Reports to be Delivered L
0005AA Monthly Progress Reports 3
ea.
$NSP
$NSP l
E 0005AB Final Report (draf t and-3 ea
$NSP
$NSP final)-
OPTION YEAR ONE (YEAR TWO) 0006 Continued On-line 12 mo.
5 At Access to Customized Database Including any gg Documentation UDdates.
OPTION YEAR TWO (YEAR THREE) l 0007 Continued On-line Access 12 me.
FN4 to Customized Database
,JHB Inclueing any Documenta-tion Upcates.
[
OPTION YEAR THREE (YEAR COUR) l 0008 Continued On-line Access 12 me.
5 to Customized Database F
pg Including any Documenta-
$f tion Updates, NSP - Not Separately Priced s
e
~
Page 9 L
RS-NMS-89-011 Section C i
f SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.!
STATEMENT OF WORK (MAR 2987)
[
1.0 Background
The U.S. Nuclear Regulatory Commission (NRC) is develop 4ng licensing procedures, performance objectives, technical criteria, ano performance assessment capabilities for the disposal ef low-level radioactive waste (LLW).
Information about the sources anc ouantities of waste generated is needed to aid in development of these criteria.
U.S. Ecology (USE) disposal sites at Richland, WA and Beatty, NY are two of three sites which currently receive LLW for disposal. NRC is requesting the continued access te USE's disposal recoros and customized programs to searen the data base.
2.0 Work Reevired 2.1 Continuation of Access The contractor shall furnish:
(1) continued access to USE's data base of waste diseosal information for disposal sites at Richlanc, WA and Beatty, NY through application of operating software.
(2)
One day of training at NRC facilities in the use of on-line services covering accessing the data base, browsing recorcs, creating standard reports, printing these reports, and logging off the system.
(3) Data base user guides, sign-on instructions, and 7 sample pages of standard reports at each of the two user L
workstations.
2.2.
Customized Programming The contractor shall develop and document new search capabilities l
in the USE waste disposal data base, customi:ed for use by NRC l'
staf f (the user). The hierarchy of programming tasks follows:
l Task 1:
For a specified disposal site and time interval, list the disposed volume and total activity for all waste descriptions and solidification absorption media as a function of waste and stability class.
If the user doesn't specify the
. solidification and absorption media, the sort is over all solidification and absorption media, reported during the time interval.
It is important to distinguish stable. Class A waste from unstable Class A waste.
The user shall.have the option to restrict the sort to specific waste generators or specific waste generator categories.
Task 2:
For a specified disposal site and time interval, list the isotopic inventory in a specified waste description and
Page 10 Section C L
RS-NMS-39-011 solidification and absorption media as a function of waste class.
If the user doesn't specify the solidification and i
absorption media, the sort is over all solidification and absorption media reported during the time interval selected.
l The user shall also have the option of restricting the sort to specific waste generators or waste generator categories (i.e.,
electrical services, health services, etc.)
Task 3: USE's current report selection EFC510 shall be expanced.
First, a sort shall be provided that lists the names and identification numbers of the waste generators sorted by generator class.
That is, list all gentrators that have been assigned to the " electric service" category, ano generators that have been assigned to the " health service" category, and so forth.
Second, a sort shall be provided that lists volumes and radionuclide-inventories as a function of waste class and generator class.
Task _4:
Drovide a computer routine that lists waste shipments and containers containing chelating agents in concentrations exceecing 0.1%.
The format for this report shall include
^
generator. gene ator number, manifest numoer, date. container volume. activity, waste and stability classes. ano waste description.
Task 5:
Drovide a computer routine to calculate oistributions in waste containers.
One distribution will be a concentration distribution; another would be a radiation distribution.
The user would first specify details such as the disposal site and the time interval.
The user would then specify whether the sort is to be restricted to a specific generator or a generator category.
The user would then specify the waste description, the solidification media, and the class.
The,
user shall have the ability to consider a packaging factor (see task 7). The following programming details are reovired:
a)
If a waste description is not specified, the sort is over all.aste during the time interval, b) If a waste description is specifieo and solidification media is not, the sort is over all solidification media reported for that waste description.
If a solidification media is specified, the sort is over the specified waste description and solidification media, c) If a waste class ( AU, AS, A, B, C) is specified, the sort is over the specified class.
If no waste class is specified, the sort is over all waste classes.
Typical reports will display concentration rages, e.g.,
from 0.0001 to 1000.0 ci/f t (or Ci/M ), or as appropriate, separated by orders of magnitude.
For each concentration range, the report shall show the fraction (in percent) of the waste volume that falls within the range, plus the average concentration of all the waste in that range. Average
W Page 11 RS-NMS-89-011 Section C e
e concentration over all ranges : hall be indicated.
- Finally, the total waste volume and the number of containers shall be indicated.
The last two items help the user to judge the adequacy of the data base used to calculate the distribution.
As noted above, a similar sort will involve radiation levels at container surfaces.
Task 6:
Provide a computer routine that sorts over specified waste characteristics for a given disposal site and time i
period.
The waste characteristics would be given relatively arbitrarily.
The following are examples of possible sorts.
There could be many others.
a) List all-containers (and generator names, shipment ID numbers, dates, volumes, waste descriptions, and activities) containing a total activity (or concentratior.) exceeding X i
curies (or Y Ci/m ).
b) List all containers (and generators names, shipment ID numbers, dates, volumes, waste description, and activities) containing a specific isotope in an activity (or concentration) exceeding X curies (or ci/m ),
v c). List all containers (plus generator names, shipment ID numoers, dates, volumes waste descriptions, and activities) that contain waste class A, or B, or C, d) List all containers (plus supplementary information) that contain a specified waste description ano/or solidification or absorption mecia.
e) List all containers (plus supplementary information) that have package surf ace radiation readings exceeding.Z mR/hr.
f) List all containers (plus ' supplementary information) that exceed a specified weight, g) List all containers (plus supplementary information) of a particular size (or in particular size range).
h) List all containers (plus supplementary information) containing source material or special nuclear material in quantities exceeding.Z.
Basically, this routine will allow the user to perform custom sorts.
It shall include the ability to consider multiple waste characteristics.
For example, list all containers exceeding 0.1%, and corresponding to a specified waste characteristic and/or solidification agent.
Task 7:
Provide a computer routine that classifies individual waste containers as a function of an arbitrary 4
radionuclide-specific concentration.
For a given year and disposal site, the routine would sort through, for each waste
Page 12.
~RS-NM$-89-011 Section C generator, eacn shipment and waste container.
For each radionuclide in each cou siner of waste, a.radionuclide concentration-would be calculated by dividing the radionuclide activity by the container volume and multiplying by a waste
+
description-specific packaging factor.
(The packaging factor accounts for the voids in the packages; otherwise, a concentration based on the container volume would give
~
incorrect classification-results.) % radionuclide concentration would be compared aga'.
. list of. limiting concentrations of individual isoto r Ortults would be given by generator or by generater categoo.
The user will specify a. site and year for analysis.
The program will need to access two under-sunolied files.
-One file would be a waste description-specific list of packaging
?
factors.
The second file would be a radionuclide-specific list.of concentritions.
The second file would include all radionuclide disposal for the site and year considered.
2.3 Options The NRC reserves the option.to extend the contract-Option-Years:
The NRC reserves the option to continue access to the LLW data base and its customized ccmouter sort
. programs, under tha work required in-Section 2.1, beyono the original one year performance period.
The option can be exerci:ec for up to three additional one year options.
This option C !! be exercized at the. sole discretion of the NRC.
-(See Section I).
3. '0 Deliveracles-The contractor shall provide to the NRC project Of ficer continued use of WASTENET sof tware and user guides, as specified in Section
-2.0 (Work Recuirea). The contracte will also provide seven new customized sort features, accessit' via WASTENET.
The computer-sort capacilities are "
. zed and~ detailed in section 2.2 of this document.
4.0-Recor, ting Requirements (See also Section H) 4.1 Monthly Letter Report Each month, the contractor shalt submit 3 copies of a brief letter report which summarizes:
(1) the task work performed during the previous month; (2) personnel time expenditures during the previous month; and (3) cost incurred:
(1).for the current period, (ii) cumulative to date, (iii) cumulative for the overall project;- and (iv) cost projection by month to completion of the work effort. The first monthly report shall provide the initial cost projection and subsequent projections or indicate "no change
'in the cost projection." The reports are due by the 15th of each imonth with distribution as follows:
1 f
4 w ~.a
b i
.y Pace'13
~
RS-NMS-89-011 Section C NRC Project Officer (1 copy)
Of fice of the Director, NMS ( Attention:
Planning and Program i
n' Analysis Staff) (1 copy)
~
Division of Contracts and Property Management, Contracting Officer (1 copy) 4.2 Final Report.
Within one month prior to the performance period end of this contract, the contractor shall furnish the NRC Project Officer a draf t copy of the final report.
The report shall be in the format specified in NRC Manual Appendix 3202 for " formal Contractor Documents" and shall document the work accomplished under this contract, including-a) A synopsis of the on-line services rencered to the NRC.
b) A summary at :astomized programming completeo for the NRC, including time cost expenditures for:-
- 1) eacn task, 2) commulative for the project.
The NRC Project Officer will furnish comments to the contractor within two weeks after receipt of the draf t.
Based upon these L
comments and completion of all required tasts, the contractor shall revise the craft and submit the final report in 11 copies to the NRC. Project Officer ano one copy to the Division of Contracts ano Property Management by the performance ceriod end of this contract.
7 5.0 Meetings and Travel The contractor will be required to provide one day of seven labor hours training at NRC Headouarters,- Rockville, Maryland.
The training will cover uses of custom programming provided, as described in Section 2.2.
No further local meetings are reouired.
No other travel is required or authorizeo.
6.0 NRC-Furnished Materials One user station with the following eouioment:
- 1) An IBM-compatible microcomputer with 256K or greater capacity and operating under MS DOS, version 2.0 or higher.
- 2) A standard 12/00/2400 baud rate modem, preferable with an external serial port model, but an internal mode is acceptable.
- 3) A video monitor (color and graphics not necessary).
- 4) A standard 10-function keyboard.
- 5) A standard printer
- 6) A telephone line as described above.
.+.
1
..c
- Page 14 w/* '
RS-NMS-89-011:
Seetion C a-7 : Period 'of Performance
+
-1, -
i The' period of performance for this contract shall be from its ef fective date through a period of one year,. subject to the options to extend.
(End of Clause)
- s
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F F
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I.
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3,-
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t e
i Page 15 RS-NMS-89-Oll Section D.
}
SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
{
~
The Contractor shall package material for shipment to the NRC
-in such a manner _that will insure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight
. Classification Rules, or regulations of other carriers as aDelicable to the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(End of Clause) 9 4
l
y-Page 26
,y RS-NMS-89-011-Section E o
t SECTION E - INSPECTION AND ACCEPTANCE P
i E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE-NOTICE:
The following solicitation provisions and/or contrac't clauses pertinent to this section are hereby incorporated by
. reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.246-4 APR 1984 INSPECTION OF SERVICES -- ;IXED-PRICE E.
INSPECT. ION AND ACCEPTANCE Inspection anc Acceptance shall be made ey the assigneo Project Officer at the NRC site.
Eacn custom programming task shall be
- ertified acceptacle as it is successfully completed anc implemented.
Progress payments may be made as elsewhere previdea uncer this contra:t, but shall not be liauidated until eacn custom crogramming task 's accepted.
(End of Clause)
A
Fc
+
p Page~17-RS-NMS-89-011 Section F r
l:r b
SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE l
l 52.212-13 APR 1984 STOP-WORK ORDER
- 2 TIME OF DELIVERY (FAR 52.212-1) ( ApR '.984)
-(a) The Government requires delivery to ce mace according t: the
_following seneaule:
REQUIRED DELIVERY SCHEDULE WITHIN DAYS AFTER ITEM NO.
QUANTITY DATE OF CONTRACT 0001 7
90 0002 12 0 - 365
' 0003 1
90 0004 2
120 4
0005 3
45, 75, 105 The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicapie delivery period specified above.
Offers that propose delivery tnat will not clearly fall within the applicable required delivery period specified above, may not be.c:nsidered for award.
The Government reserves the right to. award under either the required delivery c
scheoule 'or the proposed delivery schedule', when an offeror offers
~
an earlier delivery schedule than requireo aoove.
If'the offerer proposes no other delivery schedule, the recuired delivery scheoule above will apply, OFFER 0R'S PROPOSED DELIVERY SCHEDULE WITHIN DAYS AFTER ITEM NO.
QUANTITY DATE OF CONTRACT M
e
y s
F, Page-18 l
~
3' RS-NMS-89-011 Section F i
(b)' Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise' furnished to the successful offeror, results--in a binding contract.
The Government will mail or otherwise furnish to the offerer an award or notice of award not later than,he day award is dated.
Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is l
received from the Contracting Officer through the ordinary mails.
However, the Government will evalucte an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding five days for delivery of the award througn the ordinary mails.
If, as so computed, the offered delivery date is later than the required celivery date, the offer will be considered nonresponsive and rejected.
D (Erd f Clause)
J 1-- 7:iA.iAMWUr IECHNRE'IEOM5 (JUNE 1988)
~
All tecnnical reports required by C...on C and all Tecnnical Lrocress Reports recuired b r are to be prepared in acctrcance with the a C Manual Chapter 3202.
NRC Manual Chapter-3E32 is no Itcaole to any Contractor Spencing Plan (CSP)
- anc any,.E.imrnfl,al Status Report that may be included in this y-~
cpefact. (Sea N t':
n;..a-- at:).
(Enc of Clause)
F.A TECHNICAL PROGRESS REPORT (JUNE 19881 (OMS CLEARANCE NUMBER 3150-0112)
The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Of ficer.
The ~
report is due within 15 calencar days after the end of the report perico and shall identify the title of the project, the contract numoe*, project manager and/or principal investigator, the contract period of performance,. and the period covered by the report.
Eacn report shall include the following for eacr. discrete task:
A listing of the efforts complete during the period:
a.
milestones reached or, if missed, an explanation provided; b.
Any problems or delays encountere or anticicated and recommendations for resolution; (if the recommended resolution involves a contract modification, e.g., change in work requirements,
~1evel of. effort (cost) or schedule delay, tne Contractor shall submit a separate letter to the Contracting Officer incentifying the required change and estimated cost impact).
- c. ' A summary of progress to date; anc
w,,.
1.
Page-19 RS-NMS-89-Old
~ Sect 1on F d.
Plans for the next reporting period, f
e I
(End of Clause) 4r IL F;5 ' PLACE OF DELIVERY--REPORTS (JUNE 1988) l P
h
.The items to be furnished hereunder shall be delivered, with
. al1 charges paid by the Contractor, to:
a.
Project Officer (3 copies)-
y
~.~
b.
Contracting Officer (1 copy)
- U.S. Nuclear Regulatory Commission Contract Numoer:
Division:of Contracts anc Precerty Management Contract Administration Brancn Washington, D.C.
20555 (End of Clause)
' :.5 DURATION OF CONTRACT PERIOD (MAR !.987)
ALTERNATE IV (JUNE 1988)
The ordering period for'.this contract shall commence.cn and will exoire on _ *
^
(End of Clause) s e
i
Pace 20.
~
RS-NMS-39-011 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE II (MAR 1987) a.
The Contracting Officer's authori:ed representative nereinafter referred to as the Project Officer-for this contract is:
Name:
Address:
Telephone Number:
b.
The Project Officer is responsible for:
- 1) Monitoring Contractor performance and recommencing to the Contracting Officer changes in recuirerents.
2)- Inspecting and accepting procucts/ services provided under the contract.
3)
Reviewing all Contractor invoices / vouchers reauesting
' payment for oroducts/ services provided uncer the contract and making recommendations for approval, disapproval. Or suspension.
c.
The Project Officer is not aut.orized to make changes to the express terms and conditions of this :ontract.
(End of Clause)
G. 2-REMITTANCE ADDRESS (MAR 1987)
If item 15C. of the Standard Form 33 has been checked, enter
.the remittance address below.
Name:.
^ Address:
p E. ;
- RS-NMS-89-011:
Section G
-(End of Clause)
I 9-T i
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a'
3-
,m Page 22 RS-NMS-89-011 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (JUNE 1988)
-a.
The following individuals are considered to be essential to the successful performance of the work he eunder'.
i The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof, b.
If one or more of. the key personnel, for whatever reason
' eccmes, or is expected to become unavailable for work under this i
D centract for a continuous period exceeoing 30 work days, or is expected to devote substantially less effort to the work than inoicated in the proposal or initially anticipated, the Contractor
~
snall immediately notify the Centracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly reciace such personnel with personnel of at least substantially equal aoility-and-qualifications.
c.
All requests for approval of substitutions hereunder-must be in writing. and provide a detailed-explanation of the circumstances necessitating the proposed substitutions.
They must contain'a i
K-comolete resume for the proposed substitute and other information requested by the Contracting Officer to approve or disapprove thr s proposed substitution.
The Contracting Officer will evaluate such recuests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.
d.
If the Contracting Officer determines that:
- 1) Suitable and timely replacement of key persor.nel who have been reassigned, terminated o-have otherwise become unavailable for the contract work is not reasonably forthcoming; or
- 2) Tht' the esultant reduction c,f effort would be so
~
substantial-as to impair the successful completion of the contract,
- the ' contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward,to compensate the Government for any resultant delay, loss or damage.
8
)
Page'23 RS-NMS-89-011 Section H (End of Clause)
H,2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)
The Contractor shall take all reasonable-precautions in the performance of the work under this contract to protect the nealth and safety of employees-and of members of the public and to minimize danger from all hazards to life. and property and shall comely 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 craer stopping all or any.part of the work; thereafter, a start order for resumption of work may be issuea at the discretion of the Contracting Of ficer.
The Centractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.
(Ena of Clause; H.3 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987) e The Contractor shall comply with the recuirements of the attacned NRC Manual C.hapters 3202 and 3206 (See Section J for List of Attachments) regarding publications or dissemination to the puolic of-any information, cral or written, concerning the work performed unaer this contract.
Failure to comply with this clause shall be grcunds for termination of this contract.
(End of Clause)
H,4 PRIVATE USE CF CONTRACT INFORMATION AND DATA (JUNE 1988)
Except a' spec y authorized by this contract, or as otherwise approvec c;: ie Contracting Of ficer, information and other data developed or acquired by or furnishea to the Contractor in the performance of this contract shall be useo only in connection with the work under this contract.
(End of Clause)
~ H. 5 ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) a.
- Purpose, The primary purpose of this clause is to aid in ensuring that the Contractor:
- 1) Is not placed in a conflicting role because of current or planned interests-(financial, contractual, organizational, or otherwise) which relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
l ll:' g.
Page 24 e
RS-NMS-39-011 Section H b.
Scope.
The restrictions described apply to performance or i
participation by the Contractor as defined in 48 CFR 2009.570-2 in the activities covered by this-clause.
c.
Work for others.
Notwithstanding any.other provision of this contract, during the term of this contract, the Contractor agrees.to_ forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the. work being performed under this contract.
The Contractor shall ensure that all emoloyees under this contract abide by the provision of this clause.
If the Contractor. belisves with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest.the Contractor shallLobtain the written approval Of the Contracting Officer oriar to execution of such contractual arrangement.
c, Disclosure after award.
'1) The Contractor warrants to the best of its knowledge ano
- bel'ef, and except.as otherwise set forth in this contrrc*, that it oces.90t nave.any organizational conflicts of interest, as cefined in 48-CFR 2009-.570-2.,
o2) The Contractor agrees that, if after award,-'t ciscovers i
organizational conflicts of interest with respect to this contract, it snall make an immediate and full disclosure in writing to the Contracting Officer.
This statement must include ~a description of-the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the-contract if termination is in the best interest of the i
Government.
e.
Access to and use of information.
- 1) If the Contractor in the performance of this contract octa:ns access to information, such as NRC plans, policies, reports',
stucies, financial plans, internal data :rotectee'by the Privacy Act 7
of 1974 (Pub. L 93-579), or data whicn ras not been releaseo to the puolic,.the Contractor agrees not to:
(1)
Use this information for any private purpose until the information has been released to the public; (ii) ' Compete for work for the Commission based on the information for a period of six-(6) months after either the completion of this contract or the release of the information to the public; whichever is first;
. (iii) Subait an unsolicited prorosal to the Government based on the information until one year after the release of the information to the public, or
K v
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Page 25 l
-RS-NMS-89-011 Section H (iv) Release the information without prior written approva' by the: Contracting Officer unless the information nas previousiv been, released to the public by the NRC.
- 2) ?n addition, the Contractor agrees that to the extent it receives or,'s given access to proprietary data, data protected by the Privacy Att of 1974'(Pub. L.'.93-579), or other confidential or privileged technical, business, _or financial information under this contract, the Contractor shall treat the information in accordance with restrictions placed on use of the information.
- 3) The Contiactor shall have, subject to patent'and security provisions of this contract, the right to use technical data it produces under-this co1 tract for private purposes provided that all reouir?ments of this coattact have been met,
- f. _ Subcontracts.
Extept as provided in 48 CFR 2009.570-2(g),
the Contractor shall incluc9 this clause, including this paragraon, in suocontracts of any tier. The terms " contract." " Contractor,'!
and " Contracting Officer," murt be approcriately modified to preserve the Govtr9 ment's rights.
g.
Remedies.
For breacn of.'ny of the aoove restrictions or for intentional nondisclosure or m:srepresentation of any relevant interest requireo to be.. disclosed etncerning this contract or for such erroneous representations that r,ecessarily imply bad f aith, the Government may terminate the contract for def ault, disoualify tne Contractor from subsequent contractual efforts, and pursue etner remecies permitteo by law or this contract.
h.
Waiver.
A request for waiver under this clause must be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the precedures outlinec in 48 CFR 2009.570-9.
(End of Clause)
H6 SITE ACCESS SADGE-REQUIREMENTS (JUNE 1983)
During the life of this contract, the rights of %rress ano egress for cor. tractor. personnel shall be mace cuailable as ceouired.
In this regard, a'll contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government.
J The Project Officer wil.1 assist the Contractor in obtaining the badges for the contractor personnel.
It is tM sole responsibility of the Contractor to insure that each empicyet as proper identification at all times. All prescribed icentification shall be
-immediately delivered to the Security Office for cancellation or disposition-upon the termination of employment of any contractor personnel.
Contract personnel must have this iccntification in their. possession during on-site performance under this contract.
It is the Contractor's duty to assure the safeguarding of any Government records or data that contractor personnel may come into contact with. Adherence with special requirements for Foreign
>(.
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' 4'
.Page 26-RS-NMS-89-011 Section H Nationals, in accordance with NRC Manual Chapter 2101, Part VII.C is.
the responsibility-of the Contractor.
. g._
9-
'(End of Clause) s I
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6
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h W Page 27 RS-NMS-89-011 Section I
(,
PART II
- CONTRACT CLAUSES CONTRACT CLAUSES SECTION I J
-i 1.1-NOTICE LISTING CONTRACT CLAUSES. INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this section.are hereby incorporatea by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
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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 52.215-1 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 0
BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OVdED SMALL BUSINESSES 52.220-3 APR 1984 UIILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 12.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
'l 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON'SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-3 APR 1!04 PATENT INDEMNITY 52.227-14 JUN 1987 RIGHTS IN DATA--GENERAL ALTERNATE II (JUN 1987) 52.227-17 JUN 1987 ' RIGHTS IN DATA--SPECIAL WORKS y
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. RS-NMS-89-011 Section I j
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52.228-5' APR 1984 INSURANCE -- WORK ON-A GOVERNMENT INSTALLATION 52.229-4 APR 1984 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN V,S; POSSESSIONS OR PUERTO RICO t
52.232-1 APR 1984 PAYMENTS 52.232-3 JUL 1985 OISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR'1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233 APR 1984 DISPUTES 52.233-3 JUN 1985 PROTEST AFTER AWARD 52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND ','EGETATION 52~243-1
.AUG 1987 CHANGES -- FIXE 0 PRICE ALTERNATE I ( APR 1984) 52.245-2 APR 1984 GOVERNMENT PROPERTY (FIXE 0-PRICE CONTRACTS) 52.245-19 APR: 1984 GOVERNMENT. PROPERTY 1
FURNISHED,"AS I5" 52.249-B APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 52.249-2 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE)
I.2 0PTION TO EXTEND THE. TERM OF THE CONTRACT--SERVICES (F.;R 52.217-9) ( APR 1984)
(a) The Government may extend the term of this contract by written noti:e to the Contractor within the time specified in the Schedule:
proviced,- that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days l
before the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If-the Government exercises this ootion, the extendec contract shall be considerea to include this option provision.
(c) The total duration of this contract, including the exercise of L
any options under this clause, shall not exceed 48 months.
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(End of Clause)
- I.3 RIGHTS T0' PROPOSAL DATA (TECHNICAL)
L (FAR 52.227-23) (JUN 1987)
Except for data contained on pages
, it is agreed that as a Jcondition of award of this contract, and notwithstanding the
, I; conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the " Rights in Data--General" e
t n
if
.i Page 29 RS-NMS-59-011-Section I-clause contained in this contract) in and;to the technica!' data contained in the proposal dated upon which this contract is-based.
(End of Clause) l.4 CLAUSES INCORPORATED BY REFERENCE l
. (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 reauest, the Contracting Officer will make their full text available.
(End of Clause)
I.5 DRUG-FREE WORKPLACE (FAR 52.223-6)
'(a) Definitions.-As used in this clause.
"Controllea substance" means a controlled suostance in scheaules
, I tnrough V of section 202 of the Centrolled Substances -Act (21 U.S.C. 812) anc as-further deff.iet in "egulation at 21 CFR 1308.;1-1308.15.
" Conviction" means a findira of guilt (incluaing a plea of noio contenaere) or ' imposition of svitence, or both, by any judicial bocy chargea with the responsibility to determine violations-of the eoeral '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 workelsce" means a site for the cerformance of work done in connection with a specific contract at which employees of
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the contractor are prohibitea from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance, r
o
" Employee" means an employee of a contractor directly engagea in
.the performance of work under a Government contract.
'" Individual" means an offeror /cen:esctor that has no more than one employee including the offeror /c;ntractor.
(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 ana specifying the actions that will be taken against employees for violations of such prohibition;
-(2) Establish-a drug-free awareness program to inform such 1
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'RS-NMS-83-011 Section I employees about--
(1) The dangers of drug abuse in the workplace;.
- (ii) The contractor's policy of maintaining a drug-free wonplace;
.(iii) Any available drug co,mseling, rehabilitation, ano employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
I (3) Provide all employees engaged in performance of the contract witn a copy of the statement reauired by subparagraph (b)(1) of this clause:
(4) Notify such employees in the statement required by succaragraph (b)(1) of this-clause, that as a condition of continuea emoicyment 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 workolace no later than five (5) days after such conviction.
(5) Notify the Contracting Officer within ten (10) days after receiving notice unaer subdivision (a)(4)(ii) of this clause, from
-an emolayee or otherwise-receiving actual notice of such conviction; (6) Within 30 days after receiving notice uncer subparagraoh (a)(4) of this clause of a conviction, impose the following
' sanctions or remedial measures on any employee who is convicted of
-drug abuse violations occurring in the workplace:
(i) Taking appropriate personnel action against sucn employee, ;o L
to anc including termination: or 1
(11) Require sucn employee to satisfactorily participate in a drug abuse assistance or rehaoilitation sregram approvea for such purcoses by a Federal, State, or local health, law enforcement, or b
otner 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 erder, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of c
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Pace 31
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RS-NMS-89-011.
Section I i-t:
paragraphs (b) and (c) of this clause may,- pursuant to FAR 23.506,
_ render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or
-debarment.
(End of Clause)
I.6 PROMPT PAYMENT (52.232-25) (APR 1989) 1 Notwithstanding any other payment clause in this contract, the E
Government will s ke invoice payments and contract financing payments under the terms and conditions specified in.this clause.
Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of
= pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified.
(a) Invoice Payments (1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepteo by the
- Government. This includes payments for partial deliveries that have been accepted by the Government and final cost or fee payments wnere amounts owed have been settled between the Government and the Contractor, (2) Except as incicated in subparagracn (a)(3) and paragrapn (c) of this clause, the due date for. making invoice payments by the designatea payment office shall be the later :f the following two events:
5 (1) The 30th day after the designated billing office has receiveo a proper invoice from the Contractor.
(_it) The -30th aay af ter Government acceptance of supplies l
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 effective date of tne contract settlement.
However, if the i;
i designated billing office fails to annotate the invoice with the actual date of receipt, the invoice cayment cue date shall be deemea to be the 30th. day after the date the Contractor's invoice is datea.
.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 anc meat food products, contracts for perishable agricultural commocities, contracts for dairy products, edible fats or oils, and fooc products prepared frem edible fats or oils, and contracts not requiring subnission of an L
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.
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-182(3))'and further defined in Pub. L. 98-181Lto 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 commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act :( 1930-(7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless t
another date is specified in the contract, (iii) The due date for dairy products, as defined in Section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4502(e)), edible fats'or oils, and food products prepared from edible fats or oils, will be as close as possible to, b'ut t.ct later than the 10th day after the date on which a proper invoics 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 preparea ano submf tted to tne l
.designatea billing office specified in the contract.
A procer invoice must incluce the items listeo in subdivisions (a)(d)(i) 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 designatea billing office (3 days fo meat and meat foco products and 5 days for cerishable agricultural commodities, ecible fats or oilse ano fooc orocucts precared from edible f ats or cils).
Untimely-notification will be taken into account in the computation of any interest penalty owed the' Contractor in the manner describec in suboaragraph (a)(6)' of this clause.
(i) Name and acdress of the Contractor.
L (ii) Invoice cate.
(iii) Contract number or other authorization for suoplies o
delivered cr. services performed (including orcer number anc contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies celivered or services performea.
(v) Shipping and payment terms (e.g., shipment number ano date of shipment, prompt paymant discount terms). Bill of lading numoer and weight of shipment will'be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (ruust be the same as that in the contract or in a proper i
notice of-assignment).
(vii) Name' (where practicable), title, phone number and mailing
Page 33 RS-NMS-89-011 Section I
-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 listeo in subdivisions (a)(5)(i) 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.
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(i) A proper invoice was received by the cesignated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over j
quantity, quality, 7r contractor compliance with any contract term j
or conoition.
4 (iii) In the case of a final invoice for any balance of funos due l
the Contractor for supplies delivered or services performeo, the amount was not sunject to further contract settlement actions between the Government and the Contractor.
'(6) The -interest penalty shall be the rate established by the
'k' Secretary of the Treasury under Section 12 cf the Contract Discutes Act of 1978 (41 U.S.C. 611) that is in effect on-the day af ter the due date, except wnere the interest penalty is prescribea by other j
governmental' authority. This rate is referrea to as the
" Renegotiation Board Interest Rate," and it.is_publishea in the k
-Federal Register semiannually on or about January 1 ana July 1. The l
l interest penalty shall accrue daily on the invoice payment amount L
approved by the Government and be compouncea in 30-day increments inclusive from the first day after the due date througn 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 l
interest penalties if not paid in the succeecing 30-day cerioc.' If i
the designated billing office failed to notify the contractor of a l
defective invoice within the periods prescribed in paragraoh (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 adjustea due date. Adjustments will be made by the designated payment office for errors in calculating interest' penalties, if requestec by the Contractor.
(1) For the sole purpose of computing an interest penalty that D
might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract)'after the Contractor delivered the r
supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over l
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_ uantity, quality, or contractor compliance with a contract 4
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E Page 34 RS-MMS-89-011 Section I-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 i
Government. officials to' accept supplies or services, perform contract administration functions, or make pr'wnt prior to
. fulfilling their responsibilities.
(ii) The following periods of time will not be included in the 3
determination of an interest penalty:
s (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 commodities, dairy products, edible fats or cils, and foco products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice ey the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties unoer the clause at 52.233-1, Discutes, or for more than 1 year. Interest penalties of less than
$1,00 need not be said, e
(iv)' Interest penalties are not reautreo on payment celays due to
-disagreement between the Government ano Contractor over the payment amcunt or other issues involving contract comoliance or on amounts temocrarily withneld or retained in accordance with the terms of the I
= contract, Claims involving disputes,:ano any interest that may be payable, will be resolved in accordance with the clause at 52,233-1,
-01soutes, 1
(7) An interest penalty shall also be paid automatically by the designated payment office, without reauest from the contractor, if a -
discount for promet payment is taken improperly.
The interest E
l penalty will be calculated as describeo in suoparagraph (a)(6) of this' clause on the amount of discount taken for the perica beginning with the first day after the end of the discount perioc through the date when the Contractor is paid.
L (8)
If this contract was awarded on or af ter 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 (111). Makes a written demand, not later than 40 days af ter the date the invoice amount is paid, that the agency pay such a penalty.
(b) Contract Financing Payments
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RS-NMS-89-011 Section I (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 suoplies 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 maoe 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, reouests-for oayment shall be submitted to the designated billing effice as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not orescribed, insert 30th day) day after' receipt of a proper contract financing reouest by the designated billing office. In the event that an audit or otner L
. review of a specific financing request is reouired to ensure comoliance with the terms and conditions of the contract, one designated payment office is not compellec_to make payment oy the due cate specified.
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing reouests, l
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 mace within 15 days after the date of receipt of the invoice.
(End of Clause)
I.7-REQUIREMENT FOR CERTIFICATE OF PROCUREMENT l
INTEGRITY -- MODIFICATION. 52.203-9 (MAY 1989)
(a) Definitions. The definitions set fortn in FAR 3.104-4 are hereoy incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract. A contract modification may not be executed without the ce.rtification.
(c) Certification. As required in. paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification:
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Section I 4
CERTIFICATE.0F PROCUREMENT INTEGRITY -- MODIFICATION (MAY 1989)
(1) I, (Name of certifier), am the officer or employee responsible for the preparation of this modification proposal and hereby certify that, to the.best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27(a),
(b), (c),.or (e) of the Office of Federal Procurement Policy Act (41-O.S.C. 423), (hereinafter referred to as the Act), as implemented in the FAR, occurring during the conduct of this procurement (contract numoer
). (modification number
).
(2) As required by subsection 27(d)(1)(B) of the Act, I further certify that each officer, employee, agent, representative, and consultant or (Name of offeror)-who nas participated personally ano substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of sucsection 27(a) of the Act, as implemented in the FAR, anc will report immediately to me any information concerning a violation or possible violation of subsections 27 (a), (b), (c), or (e) of the Act', as implemented in the FAR, pertaining to this procurement, (3)-Violations or possible violations: (Continue on plain bonc paper if necessary and label " Certificate of Procurement Integrity-
-- Mooification (Continuation Sheet)") (ENTER "NONE" IF NONE EXISTS)
(Signature of the Officer or Employee Responsible for the Modification Proposal) e (Date)
-(Typed Name of the Officer or Employee Responsible for the Modification) Proposal]
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY'0F.THE UNITED STATES AND THE MAKING OF A FALSE,
' FICTITIOUS, OR FRAUDULENT. CERTIFICATION MAY RENDER THE MAKER SUBJECT T0-PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate,.the Contractor may rely upon the. certification by an
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Page 37 RS-NMS-89-011 Section I officer, employee, agent, representative, or consultant that such person is= in compliance with the requirements of subsections 27 (a),
-(b), (c),_ or (e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as implemented in the FAR, unless the Contractor _knows,
.or should have known, of= reasons to the contrary. The Contractor may rely.upon periodic certifications that must be obtaineo at least annually, supplemented with periodic training programs. These certifications shall be maintained by the Contractor for a perica of 6 years from the date of execution.
(e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification.
(End of clause) 1.3 REMECIES FOR ILLEGAL OR IMPROPER AC7IVITY (52.233-10)
(MAY 1989)
(a) The Government, at its election, may reouce the crice of a fixeo price type contract or contract mooification ano the total cost and fee under a cost-type contract or contract mooification by the amount of profit or fee determined as set forth in paragraon (c) of tnis clause if the head 'of the agency or his or her designee, determines that there was a violation of suosection 27(a) of the Office of Federal Procurement Policy _Act (41 U.S.C. 423)'as imolemented in the FAR. In the case of a contract mocification, the fee subject to reduction is the fee-associatea with t e particular contract modification.
(b) Prior.to making such a fee or profit reduction, the agency heac or his or her designee shall provide to the Contractor a written notice of the action being considered and the oasis therefor. The Contractor shall have a perico determineo 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 anc argument in' opposition to the proposed reduction. The agency heac or his or her designee may, upon good cause shown, determine to reouce the contract or contract modification price or fee by an amount which is less than the amount determined under paragraph (c) of this clause.
(c) The price or. fee reduction referred to in paragraph (a) of this clause shall be --
(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the 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.
(3) For cost plus-award-fee contracts --
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RS-NMS-89-011 Section I i
(1)'The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract,10 percent of the amount of each award' fee otherwise payable to the contractor for eacn 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 botn by an amount equal to the-initial target profit specified in the contract at the time of contract award; (ii) When the contract provides for multiple deliverables, reouce the amount otherwise payable to the contractor upon each celivery anc acceptance by an amount determined by the Contracting Officer to be the profit portion.of each payable amount until the cumulative total of sucn 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 :ennection with each invoice or voucher croperly submitted by the contractor for payment until the aggregate crogress payments amounts so nithheld equal the initial target profit established at the time of :entract award; or
. (iv) If the Government elects either (c)(4) (ii) or (iii) of this clause, at'the time of total final price establishment, the price, estaolishea in accoraance.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
. 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 l
10 cercent of the initial contract price; 10 percent of the contract mocification price; or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of L 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 first definitively priced.
(e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract or modification for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and
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(End of clause)
I.9 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS (52.225-13) (MAY 1989) i (a) Definitions. (1) " Component part," means any article which is not usable for its intended functions without being imbedded or integrated into any other product and which, if used in production of a finished product, would be substantially transformed in that process.
(2) " Finished product," means any article which is usable for its intenced function without being imbedded in, or integratec'into, any otner product..It does not include an article produced by a person, otner than a sanctioned person, that contains parts or components of tne sanctioned person if the parts or components have been suestantially transformed during production of the finished product.
(3) " Sanctioned person," means a company or other foreign person voon whom orchibitions have been imposed.
(a) "Substantially transformed," wnen referring to a component.: art or finishec product, means that the part or procuct has been
~
sucjected.to a substantial manufacturing or processing operation oy nnich the part or product is convertea or comoined into a new anc cifferent article of commerce having a new name, character, anc use.
~
(b) General. Section 2443 of the Multilateral Export Control Ennancement Amendments Act (Pub. L. 100-418) and Executive Orcer 12561, effective December 28, 1988, impose, for a period of_3 years.
With certain exceptions, a prohibition on contracting with, or crocuring (including rental and lease / purchase) directly or incirectly the products or services of (1) Toshiba Macnine Company, (2) Kongscerg Trading Company, (3) Tosniba Corporation, or (4)
Kongsberg Vaapenf abrikk. The Act and Executive Order also prohibit, for the same 3 year period, the importation into the United States of all procucts produced by Toshiba Macnine Company and Kongsberg Trading Company.
These prohibitions also apply to subsidiaries, successor entities or joint ventures of Tosniba Macnine Company or Kcngsberg Trading Company.
(c) Restriction. Unless listed by the Contractor in its offer, in the solicitation provision at FAR 52.225-12, Notice of Restrictions on Contracting _with Sanctioned Persons, or unless one of the exceptions in paragraph (d) of this clause applies, the Contractor agrees that no products or services delivered to the Government under this contract will be products or services of a sanctioned person.
(d) Exceptions. The restrictions apply --
(1) To~ finished products of nonsanctioned persons containing
-ccmponents of a sanctioned person if these components have been
4 Page 40-RS-NMS-89-011 Section I suostantial'ly' transformed during the manufacture of the finished product.
(2) To products or services of a sanctioned person provided --
(i) The products are designed to the specifications of a nonsanctioned person marketed under the trademark, brand or name of the'nonsanctioned person; 4
(ii) The business relationship between the nonsanctioned person and the sanctioned person clearly existed prior to June 30,1987; and (iii) The nonsanctioned person is not directly or indirectly owned by a sanctioned person.
(3) If a cetermination has been made in accordance with FAR 25.1003 (a)or(b).
(e) Awara. Aware of any contract resulting from this solicitation will not affect the Contractnt's obligation to comply with imoortation regulations of the Secretary of the Treasury.
(End of clause)
- . '. 0 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACT:NG WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DESARMENT (52.209-6) (MAY 1989)
(a).The Government suspenos or debars Contractors to protect the Government's interests. Contractor's shall not enter into any succontract equal to or in excess of $25,000 with a' Contractor that i
has been cecarred, suspended, or proposed for debarment unless there is a comoelling reason to do so. If a Contractor intends to succontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the list of Parties Excluded frem 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 inc!uce the following:
e (1) The name of the subcontractor; (2) The Contractor's knowlecge of the reasons for the suocontractor being on the list of Parties Excluded from Procurement Programs; (3) The compelling reason (s) for doing business with the su0 contractor notwithstanding its inclusion on the list of Parties Excluded from Procurement Programs; and (4) The systems and procedures the Contractor has established to 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.
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. (b) The Contractor.'s compliance with the requirements of-52.209-6 E
.will be reviewed during Contractor Purchasing System Reviews-(see-s FAR Subpart 44.3).
(End of clause)
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RS-NMSa89-Oll Section J' r.
2
.PART III-:-LLIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS li I.
SECTION J - LIST OF ATTACHMENTS.
'J.I
' ATTACHMENTS (MAR 1987)
F v
Attaenment Numoer Title-1 Billing Instructions 2.
- NRC Contractor Organizational Conflicts of
- Interest (41 CFR Part 20) %
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REVISED 8/89 BILLING INSTRUCTIONS FOR FIXE 0 PRICE CONTRACTS Jeneral:
The contractor shall prepare voucners or invoices as prescribed nerein.
FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE'WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER, I
orm: Claims shall be submitted on the payee's letterheaa, l
voucner/ invoice, or on the Government's Stancard Form 1034. "Public Voucher for Purchases and Services Other than Personal " and Stancard Fe m 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."-
These forms are available from the U. S. Government Printing Office. 701 Nortn Capitol Street, Washington, D.C.
20801.
Numcer of Copies: An original and three copies shall be suomittec.
ailure to suomit all the requirec copies will result in " ejection of the i
voucner/ invoice as improper.
- esignatea Agency Billing Office:
Vouchers / invoices shai' be submittea to d
- ne Silowing~ address:
U. S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Administration Branen, Mailstop ;-902 Washington, D.C.
2055o j
i iAND-DELIVERY OF V0UCHERS/ INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE 1
- ROCESSING BY NRC.
However, should you choose _to deliver vouchers /invoi,ces 1
cy nand, including delivery by any express mail services Or special' J
elivery services which use a courier or otner person to ceilver tne j
voucner/ invoice in person to the NRC, such vouchers / invoices mast be j
accressed to the above Designated Agency Billing Office anc 411 only ec accepted at the following location:
U. S. Nuclear Regulatory Commission One White Flint North 8
11555 Rockville Pike Mail Room Rockville, Maryland 20852 l
HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.
Note that the official receipt date for hanc-delivered voucners/ invoices j
dill be the cate it is received by the official agency ::iiling office in the Division of Contracts and Property Management.
I Agency Payment Office:
Payment will continue to be mace cy the office cesianated in the contract in Block 13 of SF 26 or Block 25 of SF 33, whichever is applicable.
I
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2 REVISED 8/89 l'
Frecuency:
The contractor shall submit an voucher or invoice only after NRC's finai 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 preparea in ink or by typewriter (without strikeovers).
Corrections or erasures must be initialed.
To be considereo a proper voucner/ invoice, a'll' of the following elements must be included:
1.
Contract numoer 2.
Seouential voucher / invoice number.
3.
Date of voucner/ invoice.
14 Droject Officer's name and mailstop as cesignated in tne contract.
i 5.
Dayee's name ana address.
(Show the name of the contractor ana 'ts
- orrect adcress.'
In adaition, when an assignment of 'unds has :een race ey the contractor, or a different payee has been cesignatec.
'nciuce the name and accress of the cayee. )
Indicate the name ana teieonone numoer of the individual responsible for answering cuestions the NRC may have regarding the voucher / invoice.
6.
2escription of articles or services, quantity, unit price, anc total amount.
7.
Weicnt ana :ene of shipment, if shiopec by parcel cost 6.
- harges for freight or express shipments.
Attach crecaid bill
sniotea by freight or.excress.
9.
- nstructions to consignee to notify the Contracting Officer of ece4:t of sniement.
10.
- or Incefinite Delivery contracts or contracts unaer -nich crogress cayments are authorizea, the final voucher / invoice snail be.marr.ed
" FINAL VOUCHER" or " FINAL INVOICE."
Currency:
Billings may be expressed in the currency normaily usea by the contractor, in maintaining his accounting records and payments will te mace in tnat currency. However, the U. S. dollar eauivalent f r all voucners/ invoices : aid under the contract may not exceea tre totai '.. S.
doi 4rs authorizea in the contract.
Supersession:
These instructions supersece any crevious :illing inst uctions.
.,4'1,%
ATTACHMENT 2 4
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PART 201.- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope-and policy.
20-1.5402 De.finitions.
20 1.5403 Criteria for recognizing contractor organizational sonflicts 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 Evaluatio.n, findings, and contract award.
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20 1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. gig, 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 Commissiont of interest.
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or' potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by case basis is necessary if the policy is to be ' applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situatiuns 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 guicance.
The ultimate test is:
Might the contractor, if awarded the coniract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c)
The conflict of interest rule contained in this subpart applies to contractors and offerors only.
Individuals or firms who have other-relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment orocess, NRC 1
s -~. _ _ _ _ _ _
l 7590-01
(
agreements with other government agencies, international organizations, or state, local or foreign governments; separata procedures for avoiding L
conflicts of' interest will be employed in such agreements, as appropriate.
120-1.5402 Definitions 1
. (a)
" Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:1 (1) May diminish its capacity to give igartial, technically sound, objective assistance and advice or may otherwise result in a l
biased work product, or-(2) may result in its being given,an unfair competitive advantage.
(b)
"Research" niaans 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 formulation 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; and preparation of preliminary designs, specifications, or statements of work.
(e)
" Contract".means any contract ' agreement, or other arrangement with the NRC except as provided in Section 20-1. 5401 (c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-spons(or, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives :
directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with' the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls-or has the power to control both (41 CFR $ l-1.606-1(e)).
(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.
(i)
" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or. unsolicited, to the NRC to obtain a contract.
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75g0 C1 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The tem " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which nust be reported to the contracting officer for investigation if they arise during contract perfomance.
I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.
Two questions will 2 asked in detemining what'her actual or potential organizational conflicts of interest exist:
(1) Are i
there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an 4
unfair competitive advantage based on the performance of the contract?
The ultimate detemination by NRC as to whether organizational conflicts of interest exist will-be made in light of common' sense and good business judgment based upon the relevant facts disclosed and the work to be-l s
performed.
While it is difficult to identify and to prescribe in advance:
l L
a specific method for avoiding all of the various situations or relationships.
which might involve potential organizational-conflicts of interest, NRC l
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)
Situations or relationships which may give rise to organizational.
conflicts of interest.
(1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i)
Where the offerer or contractor provides advice and recomendation-to the NRC in a technical area in which it is also providing consulting assistance in' the same arec.to any organization regulated by the NRC.
l (ii) Where the offerer or contractor provides advice to-the NRC on the same or similar matter in which it is also providing assistance to L
L any organization regulated by the NRC.
(iii) Where the offerer or contractor evaluates its own products or services, or the products or services of another entity where the offerer 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 may be biased in relation to its work for the NRC or may otherwise result in an unf air competitive advantage for the offerer or contractor.
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7590-01 l
.'(2) The contracting officer may request specific information from L
an offeror or contractor or may require special contract provisions such p
as provided in 120-1.5405-2 in the following circumstances:
(1) Where the offerer or contractor prepares specifications which are to be used in competitive procurements of products or services covered-by such specifications.
(ii) Where the offeror or contractor prepares pleas for specific approaches or methodologies that are to be incorporated into competitive procurwents using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information i
not available to the public concerning NRC' pTans, policies, or programs
-. which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
i l'
(v) Where the award of a contract might otherwise result in placing the offerer or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may othenvise 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 t
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 a position l
in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available. there would be no reason for considering a waiver of the policy.
(2) Example.
The ABC Corp., in response to a RFP proposas to perfom 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 perfoming various projects for several different utility clients.
None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perfom the work outlined in the RFP.
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7590-01
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Guidance.
An NRC contract nomally 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 1
wo-k during.the performance of the NRC contract with-the private sector.
which could create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3)' Example.
As a result of operating problems in.a certain type of connercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type,of plant'so as to.
assure adequate: safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can: develop and
.i 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 deciiions affect the reactor's design and thus the company's costs.
- L Guidance. This situation would place the manufacturer in a role in L
which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a vaiver 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 new system for evaluating a specific reactor component's performance for the purpose of r
developing standards that are important to the NRC program. The ABC Co.
t.
has advised NRC that it intends to sell the new system to industry once l
its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor
=
component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no infomation produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Infomation which is reported to NRC by contractors will normally be disseminated by NRC to others so as to ' preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the perfonnance 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 wi11' stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed unter the
-contract is proposed to be used.
9 7590-01 3
+
e (5)
Example.
The ABC Corp., in response to a RFP proposes to i
assemble a map showing certain seismological features of the Appalachian fold belt.
In'accordance with the representation in the RFP and 120-1.5403(b)(1)(1), ABC Corp. informs the NRC that it-is presently doing seismolog~ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area conteplated by the NRC study.
Guidance.
The contracting officer would normally conclude that
. award of a contract would not place ABC.Cory. in a conflicting role where its judgment might be biased.
The work for others clause of I20-1.5405-1(c) would preclude ABC Corp. from accepting work during the ters i
of the NRC contract which could create a conflict of interest.
i L
(d)
Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational 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.
L
-(2)
It is not relevant that the contractor has the professional reputation of being abl.e to resist temptations which arise from or!1anizationa' conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
120-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representatS/n provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or n
activities;- (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizationi conflicts of interest provisions are noted in the solicitation and would be included-in too resulting contract.
This renresentation 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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75h0-01 g
- 4.
! ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION i
1 represent to the best of my knowledge and belief that:
I The award to of a contract or the modification of an existing contract coes ( ) or coes not ( ) involve situations or relationships i of the type set forth in 41 CFR's20-1.5403(b)(1).
% (c)
Instructions to offerors.
The following shall be included in all NRC' solicitations:
(1) If the representation as completed indicates i
that situations or relationships of the type set forth in 41 CFR-
-$20-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offerer i
shall provide a statement in writing which describes in a concise manner all. relevant facts bearing on his representation to the contracting -
If the contracting officer detemines that organizational t
officer.
conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts (ii) disqualify the offeror, or (iii) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of i
120-1.5411.
(2) The refusal to provide the representation required by 120-l 1.5404(b) er upon request of the contracting officer the facts required by 320-1.5404(c), shal1~ result in disqualification' of the offeror for award.
The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be teminated.
The offeror may 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 may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offeror p
l will-be considered by, the NRC in the evaluation of proposals.
If the l
NRC considers the proposed excluded work to be an essential or integral l
part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required (e) by subsection (b) above with respect to invitation for bids will be considered to be a minor infomality, and the offerer will be pemitted to correct the omission.
s 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause
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7590-01
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All. contracts of the types set forth in i 20-1.5404(b) shall include the.following clauses:
1 The primary (purpose of this clause is to aid in1) !s no (a)
Purpose.
ensuring that the contractor:
because of current or planned interest (financial, contractual, organizational (Z) or.othenvise) which relate to the work under this contract, and doeslnot obtain an unfair competitive advantage over other parties by
- virtue of its perfomance, of. this contract.
(b)
Scope.
- The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 Cf4 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 agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of inttrest with respect to the work being perfomed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if If the any, under this contract abide by the provision of this clause.
contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim 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.
i (d)
Disclosure af ter award.
(1) The contractor warrants that to the best of its-knowledge and belief and except as otherwise set forth L
in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
h (2)
The contractor agrees that if after award it discovers organization conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the l
contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, teminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in I
the perforrance of this. contract obtains access to infomation, such as
(
NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not go: (i) Use such information for any(private purpose until the information has be released to the public; i i ) compete for work for the Comission based
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7590-01 i
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 J
government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such inictmation has previously been released to the public by the NRC.*
(2).
In addition, the contractor agrees that to the extent it receives or i.s 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 en use of the infomation.
-(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 L
of this' contract have been met.
L l
-(f)
Subcontract.s.
Except as provided in 41 CFR 3 20-1.5402(h), the l:
contractor:shall include this clause, including this paragraph, in L
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 u
intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bac faith, the government may terminate the contract for default, discualify the contractor from subsequent contractual efforts, and pursue other remedies as may be
' pemitted 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 i20-1.5411.
I20-1.5405-2 Special contract provisions.
l (a)
If it.is determined from the nature of the proposed contract L
that organizational conflicts of interest exist, the contracting officer
)
may determine that such conflict can be avoided or af ter obtaining a waiver in accordance with 520-1.5411, 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:
L 9
a 7590 01 x
(1). Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previous'y 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 data and gu,ard against its unauthorized use.
section (i),he following additional contract
- clause may be include (b)
T in the clause ' set forth in 5 20-1.5405-1 when it is determineo that award of a-follow-on contract would constitute an organizational conflic,t of interest.
(i)
Follow-on effort.
(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 performance of work under this contract.
Furthermore, unless so directed in writing by
'the contracting officer, the contractor shall not perfom any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development'or marketing of such products or services.
(2)
If the contractor under this contract prepares a cocolete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual The effort which is based on such statement of work or specifications.
contractor shall not incoroorate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph snall not apply.
(3)
Nothing in this paragraph shall preclude the contractor from offering or selling its standard comercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted.
120-1.5404(b) by an offeror pursuant to the representation requirements of and other relevant information.
Af ter evaluating this information agains't tne criteria of 320-1.5403, a finding will be made by e,he contracting officer whether organizational conflicts of interest exist wit.1 respect to a particular offeror.
If it has oeen determined that conflicts of interest exist, then tne contracting officer shall eitner:
(a)
Disqualify,tne offeror from award,
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7590-01 (b)
Avoid or eliminate such conflicts by appropriate measures; or (c)
Award the contract uncer the waiver provision of I20-1.5411.
12061.S407 Conflicts identified af ter award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests. of the government to terminate the 2
con. tract as providee in the clauses recuired by $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict, s20-1.5408 (Reserved) 520 1.5409 (Reserved) c 520-1.5410 Subcontracts The contrncting officer shall reouire offerors and contractors to submitfa representation statement in accorcance with I20-1.5404(b) from subcontracters and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405
~ in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection, i20-1.5411 Vaiver in the first instance, determination with respect to the need to seek a waiver for specific contract awarcs shall be made by the contracting officer with tne advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recommendation 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 to do so.
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 performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval occuments shall be placed in the Public Document Room.
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7590-01 520-1.5412 Remedies u
' 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 misrepresent & tion or intentional nondisclosure of any relevant interest required
- to be provided for this section, the NRC may debar the contractor from subsequent NRC-contracts.
I Dated at Washincten. D.C this 27th day of Ma'rch
- 1979, i
For the Nuclear Regulatory Commission S-Ub
' bk.
Samuel
. Ch11k l-l Secretary of the-Comission 4
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