ML20012B462
| ML20012B462 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/1990 |
| From: | Parodies M, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), SYSTEM IMPROVEMENTS, INC. |
| To: | |
| Shared Package | |
| ML20012B430 | List: |
| References | |
| CON-FIN-B-58760, CON-NRC-04-90-078, CON-NRC-4-90-78 NUDOCS 9003140454 | |
| Download: ML20012B462 (49) | |
Text
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Q AWARD / CONTRACT
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l NRC-04-90-078 FEB 2 61900
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CODE I I
U. S. Nuclear Regulatory Commission
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Division of Contracts & Property Managemert j
Washington, DC 20555
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- 4. OL Le V L R Y r
System Improvements, Inc.
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..e, r.,d, TO TH E See B1ock #12 CODE IF ActiITY CODE ADDRESS SHOT /!! IN' 3 3. 5 Hip T o/M Ank F OR
U.S. Nuclear Regulatory Commfssica See Section F.5 herein Div. of Aceng, & Finance GOV /COM Section Washington, DC 20555 Ta. AUtHOsiTFv~T5Cv~siiTG oWUiTH75 TIEITistiBTuTOWE'rC-
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H. ACCOUNT 4NG At$102NP'bi A140N W[No. :
B58760 AP
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B&R No.: 0 3
Appn No.: 31X0200.600 Ob1ig. Amt.: $149,199.5-F"] u U S C 263 ten iou.S C 23oeien i
16A. ITE M NO i 15B SUPPLIES /SERvlCE$
16C. OUANTITY IbD UNIT 1bE. UNIT PRICE ibF AMOUNT The U.S. Nuclear Regulatory Commission hereby accepts System Improve ments, Inc.' s technical proposal! dated 8/6/89 as revised on 11/7/89 which is incorporated r erein by reference, to perform the services necessary to develop humz nperformance(nvestiG ation protocol for the NRC as specified herein.
This is a cost-plus-fixed-fee type confract wt ich fully ft nds the basic requirement hereunder.
ESTIMATED isG. TOTAL AMOUNT OF CONTR ACT > 5149,199.51
- 16. TABLE OF CONTENTS WlSEC.l DE SCRIPTION lP AGE (Si W) l$EC l DESCRIPTION lPAGEtS)
PART 4 - THE SCHEDULE PART il-CONTR ACT CLAVEES X
A SCLICITATION/CONTR ACT FORM l
l t l CONTR ACT CLAUSES I
25 X
B SUPPLIES OR SERVICES AND PRICES / COSTS 7
PART m - UST OF DOCUMENTS. EXHIBITS AND OTHER ATT ACH.
X C-DESCRIPTION / SPECS / WORK ST ATEMENT 8
lJ l LIST OF ATTACHMENTS I
35 X
D PACK AGING AND MARKING 12 PART IV - REPRESENTATIONS AND INST RUCTIONS X
E INSPECTION AND ACCEPTANCE 13 K
REPRESENTATIONS. CERTIFICATIONS AND X
F DE LIVERIES OR PERFORMANCE 14 OTHER STATEMENT 9 0F OFFERORS x
G CO*.TR ACT ADMINISTRATION OAT A 17 L
INSTRS.CONDS. AND NOTICES TO OF F E RORS x
H SPMIAL CONTRACT RF OUIREMENTS 21 M
EVALUATION F ACTORS FOR AWARD CONTRACTING OfflCER Will COMPL ETE ITEM 17 OR IS AS APPilCAll E 17, @ CONT RACTOR'$ NEGOTIATED AGREEMENT (Contractor is re-18.
AWARD fCont.oetor u not evousted to own the, document.) You,
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3 9A. N AME At<p 14T LE. OF &lGNE pe or Praaf t 20A. NAME OF CONTR ACT4NG Of F6CER
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Elois J. Wiggins
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195 NAME OF CONT R A R
19C.DATE SIGNED 208. UN e fit STATE F AME eC A 20C.DATE $sGNEO
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- GPO i 1985 O - 461-275 (410)
NRC-04-90-078 Page 2 i
Subsection B.2 Consideration and Obligation - Cost Plus Ffxed Fee (JUNE 1988) Alternate I (June 1988) is hereby esmpleted to read as follows:
B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEC (JUNE 1988) ALTERNATE I(JUNE 1988) a.
The total estimated cost to the Government for full performance of this contract is $149,199.51, of which the sum of $137,511.07 represents the estimated reimbursable costs, and of which $11,688.44 represents the fixed fee.
b.
In the event that the option to extend services to include Tasks 3 and 4 herein (refer to Section I.8 (FAR 52.217-8), is exercised, the total estimated cost to the Government for full performance of optional Tasks 3 and 4 is $104,983.42, of which the sum of $96,758.91 represents the estimated reimbursable costs, and of which $8.224,51 represents the fixed fee, c.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost for performance of that work.
d.
The amount presently obligated by the Government with respect to this contract is $149,199.51.
e, It is estimated that the amount currently allotted will cover i
performance through the contract period excluding the optional tasks.
Optional Task 3 -
It was mutually agreed upon.that the second sentence of l
this optional task shall read as follows:
"The NRC Project Officer will make the draft investigation protocc1 available to designated NRC staff involved in the investigation.of nuclear incidents and the contractor shall evaluate through questionnaires and interviews with NRC inspectors, the usability of the draft investigation protocol."
Subsection F.5 Place of Delivery--Reports (JUNE 1988) is hereby completed by inserting the following under Paragraph a:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Attn: Ms. Ann Ramey-Smith Mail Stop:
NLN 316 Contract Number:
NRC-04-90-078 Washington, DC 20555 Paragraph b of the above cited Subsection F.5 is hereby completed by inserting contract number.
NRC-04-90-078 l
i-l
E i 1 NRC-04-90-07S Page 3 Subsection G.1 Indirect Cost Rates (JUNE 1988) is by completed by inserting the following:
Elit I11t Overhead 9 109%
Direct Labor G&A P 14%
Direct Costs Subsection G.2 Project Officer Authority (JUNE 1988) is hereby completed by inserting the following:
Name:
Ann Ramey-Smith Address:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Systems Research Mail Stop: NLN-316 Washington, DC 20555 Telephone:301-492-3555 Subscetion H.1 Key Personnel (JUNE 1988) is hereby completed by inserting the following:
Mark Paradies Paul Haas Linda Unger Michele Terranova Charles Hopkins Subsection H.7 Government Furnished Equipment / Supplies "NUREG-0650 Technical Writing Style Guide, November 1979" is furnished herewith. NUREG-1303 " Incident Investigation Manual.
U.S. NRC, February 1988" and the Available NRC draft, human performance investigation tools will be furnished by the NRC Project Officer to the contractor within two weeks after the effective date of this contract.
Section 1 - Contract Clauses is hereby revised as follows:
FAR C1ause 52.219-8 (JUN 1988) UTILIZATION OF SMALL BUSINESS l
CONCERNS AND SMALL DISADVANTAGED FIRMS which was incorporated l
by reference under the solicitation, is hereby DELETED and l
SUBSTITUTED with the latest version of that Clause dated FEB 1990 and is hereby incorporated by reference into this contract.
I Section 1 - Contract Clauses is further revised to incorporate the following full text clauses.
i s.
NRC-04-90-078 Page 4
!.9 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PR0p0 SED FOR DEBARMENT (52.209-6) (MAY 1989) i (a) The Government suspends or debars Contractors to protect the Government's interests. Contractors shall not enter into any subcontract ecual to or in excess of $25,000 with a Contractor that i
has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. If a Contractor intends to i
subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the list of Parties Excluded from Procurement Programs), a corporate officer or designee of the Contractor shall notify the Contracting Of ficer, in writing, before entering into such subcontract. The notice must include the i
following:
(1) The name of the subcontractor; i
(2) The Contractor's knowledge of the reasons for the
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subcontracter being on the list of Parties Excluded from Procurement programs; (3) The compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion on the list of parties Excluded from Procurement Programs; and l
(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 l
the party's debarment, suspension, or proposed debarment.
1 (b) The Contractor's compliance with the requirements of 52.209-6 will be reviewed during Contractor Purchasing System Reviews (see FAR Subpart 44.3).
(End of clause) 1.10 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS l-(52.225-13)(MAY1989)
(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 l
process.
(2) " Finished product," means any article which is usable for its intended function without being imbedded in, or integrated into, any other product. It does not include an article produced by a pe-son, other than a sanctioned person, that contains parts or components of the sanctioned person if the parts or components have been substantially transformed during production of the finished product.
.. ~,
t NRC-04-90-078 Page 5 i
(3) " Sanctioned person," means a company or other foreign person upon whom prohibitions have been imposed.
(4) "Substantially transformed," when referring to a component part or finished product, means that the part or product has been subjected to a substantial manufacturing or processing operation by which the part or product is converted or combined into a new and j
different article of commerce having a new name, character, and use, i
(b) General. Section 2443 cf the Multilateral Export Control Enhancement Amendments Act (Pub. L. 100-418) and Executive Order 12661, effective December 28, 1988, impose, for a period of 3 years, i
with certain exceptions, a prohibition on contracting with, or i
procuring (including rental and lease / purchase) directly or indirectly the products or services of (1) Toshiba Machine Company, (2)XongsbergTradingCompany,(3)ToshibaCorporation,or(4)
Kongsberg Vaapenfabrikk. The Act and Executive Order also prohibit, for the same 3 year period, the importation into the United States of all products produced by Toshiba Machine Company and Kongsberg l
Trading Company.
These prohibitions also apply to subsidiaries, successor entities or joint ventures of Toshiba Machine Company or Kongsberg 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 components of a sanctioned person if these components have been substantially transformed during the manufacture of tne finished i
product.
l (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; (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 determination has been made in accordance with FAR 25.1003 (a) or (b).
(e) Award. Award of any contract resulting from this solicitation will not affect the Contractor's obligation to comply with I
importation regulations of the Secretary of the Treasury.
(End of clause)
i'.
NRC-04-90-078 Page6 I.11 LIMITATION ON PAYMEffrS TO INFLUENCE CERTAIN TEDERAL TRANSACTIONS--(FAR 52.203-12) (JAN 1990)
(a) Definitions.
" Agency", as used in this clause, means executive agency as defined in 2.101.
" Covered Federal action," as used in this clause, means any of the following Federal actions:
(a) The awarding of any Federal contract.
(b) The making of any Federal grant.
(c) The making of any Federal loan.
(d) The entering into of any cooperative agreement.
(e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
l
" Indian tribe" and " tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives._
r
" Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.
l
" Local government," as used in this clause, means a unit of l
government in a State and, if chartered, established, or otherwise i
recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate' district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.
" Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:
(a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.
(b) A member of the uniformed services, as defined in subsection 101(3), titic 37, United States Code.
n i'
NRC-04-90-078 Page 7 p
(c) A special Government employee, as defined in section 202, title 18, United States Code.
i (d) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title
- 5. United States Code, appendix 2.
l
" Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, j
society, State, and local government, regardless of whether such j
entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other yederal law.
I
" Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal i
Government.
I "Reasorable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for i
such services in the private sector.
" Recipient," as used in this clause, includes the Contractor
}
and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
j b
" Regularly employed," as used in this clause, means, with
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respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that
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initiates agency consideration of such person for receipt of such contract..An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of l~
such person shall be considered to be regularly employed as soon l:
as he or she is employed by such person for 130 working days.
" State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State,ragional, or
-interstate entity having governmental duties and powers.
(b) Prohibitions.
(1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, l
w.
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e y
w
--re---
N T
NRC-04-90-078 Page 8 1-or cooperative agreement fron using appropriated funds to pay any
[
i person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an of ficer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement, j
(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, t
(3) The prohibitions of the Act do not apply under the following conditions:
(i) Agency and legislative liaison by own employees.
(A) The prohibition on the use of appropriated funds, in paragraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
(B) For purposes of subdivision (b)(3)(1)(A) of this clause, providing any information specifically requested by an
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agency or Congress is permitted at any time.
(C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:
(1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.
(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
(D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action--
t
(
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y NRC-04-90-078 Page 9 (1) Providing any information not specifically requested but necessary for an agency to make an informed decision i
about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its of ficial submission; and (3) Capability presentations by persons seeking awards from,an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L.95-507, and subsequent amendments.
(E) Only those activities expressly authorized by subdivision (b)(3)(1)(A) of this clause are permitted under this clause.
(ii) Professional and technical services.
(A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of--
(1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(2) Any reasonable payment to a person other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
(B) For purposes of subdivision (b)(3)(ii)( A) of this clause, " professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline.
For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person 1
l NRC-04-90-078 Page 10 (such as a licensed accountant) are not allowable under this i
section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation.
submission or negotiation of a covered Federal action. Thus, for j
example, consunications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's l
proposal, but generally advocate one proposal over another are not l
allowable under this section because the lawyer is not providing professional legal services.
Similarly, communications with the intent to influence made by an engineer providing an engineering i
analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer l
is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
(C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documente.
(D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause.
(E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
(iii) Disclosure.
(A) The Contractor who requests or receives from an agency a Federal Contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds.
1 (B) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause.
An event that materially affects the accuracy of the information reported includes--
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person (s) or individual (s) influencing or attempting to influence a covered Federal action; or
NRC-04-90-078 Page 11 (3) A change in the officer (s), employee (s), or Member (s) contacted to influence or attempt to influence a covered Tederal action.
(C) The Contractor shall rsquire the submittal of a certification, and if required, a disclosure form by any person who requests or received any subcontract exceeding $100,000 under the Federal contract.
(D) All subcontractor disclosure forms (bnt not certification) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.
(iv) Agreement. The Contractor agrees not to make any payment prohibited by this clause.
(v) Penalties.
(A) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who f ails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(B) Contractors may rely without liability on the representation made by their subcontractors in the certification b.) disclosure form.
(vi) Cost allowability.
Nothh g in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Convers91y, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
(End of clause)
Section 3 is hereby revised to include "NUREG-0650 Technical Writing Style Guide November 1979" ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
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E SOLICITATION, OFFER AND AWARD
' i Page 1 of 2 Pages
. 1. This contract is a rated order under DPAS(15 CFR 350) RATING:
- 1
- 2. CONTRACT NO.
l3. SOLICITATION NO.
l4. TYPE OF SOLICITATION l
RS-RES-89-086 l
(.)SEALEDBID(IFB) j.
l (X) NEGOTIATED (RFP) i
~
- 5. DATE ISSUA l6. REQUISITION / PURCHASE REQ. NO.
l RES-89-086
. 7/5/89 7.cISSUED BY CODE l8. ADDRESS OFFER TO l
(If other than Item 7)
U.S. Nuclear. Regulatory Commission l
Offer must be addressed as shown Div.-of Contracts & Property Mgmt.
l in Item 7.-
Handcarried offers P-1042 l
(including Express Mail) must be Washington, DC 20555 l
delivered to the address in Item 9 NOTE: In sealed bid solicitations, " offer" and " offeror" mean " bid" and
" bidder".
SOLICITATION
- 9. Sealed offers in original and 7 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Room 1011, 7920 Norfolk Avenue, Bethesda, MD 20814,' until 11:00 P.M. local time on 8/7/89-CAUTION-LATE Submissions, Modifications, and Withdrawals: See.Section L, Provision No.
52.214-7 or 52.215-10. All offers are subject to all terms ano cnnditions contained in this solicitation.
10..FOR INFORMATIONlA. NAME:
IB. TELEPHONE NO. (Include Area Code)
CALL:
l Joyce Bazin l
(NO COLLECT CALLS) l l
301-492-7182 i
11.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offeror)
NOTE:
Item.12 does not apply if the solicitation includes the provision at
-52.214-16, Minimum Bid Acceptance Period.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(c)
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14 SOLICITATION, 0FFER AND AWARD
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Page 2 of 2 Pages_
?l2.-In compliance with the above, the undersigned agrees, if this offer is_
i accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified,
I 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. 52.232-8) 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO.
DATE AMENDMENT NO.
DATE 1
15A, NAME AND l CODE !
l FACILITY l l16. NAME AND TITLE OF PERSON ADDRESS l
l AUTHORIZED TO SIGN OFFER OF l
l (Type or print) 0FFEROR l
l l
l 158. TELEPHONE NO. (Include Area l15C. CHECK IF REMITTANCE ADDRESS IS Code) l ( ) DIFFERENT FROM ABOVE - ENTER SUCH l
ADDRESS IN SCHEDULE l
- 17. SIGNATURE:
l
- 18. OFFER DATE:
l l
1 AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS RUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
( ) 10 L.S.C. 2304(c)( )
( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN l ITEM (4 copies unless otherwise specified) l
- 24. ADMINISTERED BY CODE l l25. PAYMENT WILL BE MADE BY CODE l (If other than Item 7) l U.S. Nuclear Regulatory Commission l
Division of Accounting and Finance l
GOV /COM Accounting Section Washington, DC 20555
- 26. NAME OF CONTRACTING OFFICER l27. UNITED STATES OF AMERICA l28. AWARD (Type or Print) l l
DATE (Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
o-e > +
.x TABLE OF CONTENTS PAGE SOLICITATION, OFFER AND AWARD....................
1 TABLE OF CONTENTS..........................
3 PART I - THE SCHEDULE,........................
7 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS..........
7 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)............
7 B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE.....
7 (JUNE 1988)ALTERNATEI(JUNE 1988)
SECTION C - DESCRIPTION / SPECIFICATION................
8
/ WORK STATEMENT C.1 -
STATEMENT OF WORK (MAR 1987)................
8 C.2 TRAVEL APPROVALS (MAR 1987)................
11 C.3 TRAVEL REQUIREMENTS....................
11 SECTION D - PACKAGING AND MARKING...,..............
12 D.1 PACKAGING AND MARKING (MAR 1987)..............
12 SECTION E - INSPECTION AND ACCEPTANCE................
13 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,
13
-SECTION F - DELIVERIES OR PERFORMANCE................
14 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
14 F.2 PREPARATION OF TECHNICAL REPORTS (JUNE 1988)........
14 F.3 TECHNICAL PROGRESS REPORT (JUNE 1988)...........
14 (OMB CLEARANCE NUMBER 3150-0112)
F.4 FINANCIAL STATUS REPORT (JUNE 1988)............
15 (OMB-CLEARANCE NUMBER 3150-0112)
F.5 PLACE OF DELIVERY--REPORTS (JUNE 1988) 15 F.6 DURATION OF CONTRACT PERIOD (MAR 1987)...........
16 F.7 TECHNICAL REPORT......................
16 SECTION G - CONTRACT ADMINISTRATION DATA..............
17 G.1 -
INDIRECT COST RATES (JUNE 1988)..............
17 ALTERNATE II (JUNE 1988)
G.2 PROJECT OFFICER AUTHORITY (JUNE 1988)...........
17 G.3: TRAVEL REIMBURSEMENT (JUNE 1988)..............
19 G4 REMITTANCE ADDRESS (MAR 1987)...............
20-SECTION H - SPECIAL CONTRACT REQUIREMENTS..............
21 H.1 KEY PERSONNEL (JUNE 1988).................
21 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
22 H.3 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987)......
22 H.4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988) 22 H.5 DRAWINGS, DESIGNS, AND SPECIFICATIONS (JUN 1988)......
22 H.6 ORGANIZATIONAL CONFLICTS OF INTEREST............
23 (OMB CLEARANCE NUMBER 3150-0112)(JUNE 1988)
H.7 GOVERNMENT FURNISHED EQUIPMENT / SUPPLIES..........
25 PART II - CONTRACT CLAUSES.....................
26 SECTION I CONTRACT CLAUSES...................
26 1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
26 I.2 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES....
27
4, +
1 TABLE OF CONTENTS PAGE I.3 PAYMENT FOR OVERTIME PREMIUMS...............
28
-(FAR 52.222-2)-(APR 1984).
I.4 PROMPT PAYMENT (52.232-25) (APR 1989)...........
29 1.5 ELECTRONIC FUNOS TRANSFER PAYMENT METHODS..........
33 (52.232-28) (APR 1989)
I6 CLAUSES INCORPORATED BY REFERENCE,..........,.
34 (FAR 52.252-2) (JUN 1988)52.223-6)........... '..
DRUG-FREE WORKPLACE (FAR 35 1.7 PART III - LIST OF DOCUMENTS, EXHIBITS 36
-AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS...................
36 J.1 ATTACHMENTS-(MAR 1987)...................
36 REPRESENTATIONS AND INSTRUCTIONS............
37 PART IV SECTION K - REPRESENTATIONS, CERTIFICATIONS AND..........
37 OTHER STATEMENTS OF OFFERORS K.1 CONTINGENT FEE REPRESENTATION AND.............
37 AGREEMENT (FAR 52.203-4)(APR1984)
K.2 TAXPAYER-IDENTIFICATION (FAR 52.204-3) (NOV 1988).....
37 K.3 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987)..
39 K4 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984).....
39 K.5 PLACE OF PERFORMANCE (FAR 52.215-20) (APR 1984)......
39 K' 6 SMALL BUSINESS CONCERN REPRESENTATION...........
40 (FAR 52.219-1) (MAY 1986)
K.7 SMALL DISADVANTAGED DUSINESS CONCERN............
40-REPRESENTATION (FAR 52.219-2) (APR 1984)
K.8 -WOMEN-0WNED SMALL BUSINESS REPRESENTATION.........
41 (FAR 52.219-3) (APR 1984)
K.9 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.........
41 (FAR 52.220-1) (APR 1984)
K.10 CERTIFICATION OF NONSEGREGATED FACILITIES.........
42 (FAR 52.222-21) (APR 1984)
K.11 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS 42 (FAR 52.222-22) (APR 1984)
K.12 AFFIRMATIVE ACTION COMPLIANCE...............
43 (FAR 52.222-25) (APR 1984)
K.13 CLEAN AIR AND WATER CERTIFICATION.............
43 (FAR 52.223-1) (APR 1984)
K.14 COST ACCOUNTING STANDARDS NOTICES AND...........
-44 CERTIFICATION (NONDEFENSE) (FAR 52.230-2) (SEP 1987)
K.15 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988)......
45 K.16 CERTIFICATION REGARDING DEBARMENT STATUS (JUNE 1988)....
45 K.17 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988)......
45 K.18 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988)...
46 K.19 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE.......
46 (FAR 52.223-5)
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES..........
49 TO OFFER 0RS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
49 BY REFERENCE L.2 FACILITIES CAPITAL COST OF MONEY..............
49 (FAR 52.215-30) (SEP 1987) 3
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- TABLE OF CONTENTS PAGE L.3 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984).........
50 L.4 SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988)........
50 L.5 SOLICITATION PROVISIONS INCORPORATED BY,
50 REFERENCE (FAR 52.252-1)(JUN1988)
L.6 LEVEL OF EFFORT (JUNE 1988)................
51 L. 7 ESTIMATED DURATION (JUNE 1988)...............
51 L.8 ACCEPTANCE PERIOD (MAR 1987)................
51 L.9 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION..51 (MAR 1987) ALTERNATE I (MAR 1987)
L.10 AWARD NOTIFICATION AND COMITMENT OF PUBLIC FUNDS..... 51.
(JUNE 1988)-
L.11 DISPOSITION OF PROPOSALS (JUNE 1988)...........
52 L.12 PROPOSAL PRESENTATION AND FORMAT (JUNE 1988)........
52 (OMB CLEARANCE NUMBER 3150-0118)
L.13 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987) 55 L.14 REFERENCED DOCUMENTS AVAILABLE FROM THE NRC (JUNE 1988)..
55 L.15 REFERENCED DOCUMENTS AVAILABLE FROM NTIS (MAR 1987)....
55 L
L.16 REFERENCED DOCUMENTS AVAILABLE FROM GPO (MAR 1987).....
56 L.17 REFERENCED DOCUMENTS AVAILABLE FROM THE NRC PDR (MAR 1987).
56 L.18 ' DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987)..
56 L.19 TIMELY RECEIPT OF PROPOSALS / BIDS (JUNE 1988).. -......
57 SECTION M - EVALUATION FACTORS FOR AWARD..............
58 1.
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
58 L
BY REFERENCE-M.2 EVALUATION OF OPTIONS....................
58 (FAR 52.217-5) (JUN 1988)
M.3 CONTRACT AWARD AND EVALUATION OF PROPOSALS (JUNE 1988)...
58 M.4 EVALUATION CRITERIA (MAR 1987)...............
59 l
l SECTION I - CONTRACT CLAUSES (Continued) 1.8 OPTION TO EXTEND SERVICES (FAR 52.217-8)( APR 1984).....
358 p-
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i 0FFERORS/ BIDDERS PLEASE NOTE:
An (*) means the information is to be incorporated _ into any resultant-contract.
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s RS-RES-89-086 Section S PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.I BRIEF DESCRIPTION OF WORK (MAR 1987)
The Contractor shall review and evaluate existing investigation protocols and tools in the area of human performance; develop and test an investi-gation protocol to support identification of root causes of human errors during nuclear events both at power plants and involving materials licensees.
If required. the Contractor shall develop a training program for NRC Inspectors on the use of the investigation protocol.
(End of Clause) 8.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (JUNE 1988) ALTERNATE I (JUNE 1988)
The total estimated cost to the Government for full a.
performance of this contract is
_,,.of which the sum of _.__* _
reoresents the estimated reimbursable costs, and'of wnich
' represents the fixed fee.
- b. -In the event that the option to extend services to include Tasks 3 and 4 herein (refer to Section I.8 (FAR 52.217-8), is exercisea, the total estimated cost to the Government for full
.l performance of optional Tasks 3 and 4 is a-i of which the i
represents the estimated reiFo~u sa,ble costs, and sum of of whic?i~ 1 represents the fixed fee.
1 c.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of. differences between any estimate t'
L of cost for performance of the work under this contract and the l
actual cost for performance of that work, d.
The amount presently obligated by the Government with respect to this contract is It is estimated that the amount. currently allotted will e.
cover performance through _.__*
(End of Clause) l
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RS-RES-89-086 Section C I
SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)
The contractor shall provide the necessary personnel, equipment, facilities and all things necessary to satisfactorily accomplish the services specified herein.
C.1.1.
BACKGROUND It has been estimated that roughly 50 percent of significant operating events at nuclear power plants involve human performance issues. Human error is also a significant contributor to events occurring in the nuclear industries regulated by the Nuclear Regulatory Commission's (NRC) Office of Nuclear Material Safety and Safeguards. The impact of personnel performance on safe operations and maintenance in commercial nuclear industries is an important consideration in the NRC's decision processes and y'
determinations of corrective actions. The goal of the NRC's work effort is to develop a standardized method for investigating events to identify the root causes of human errors in order to improve the NRC's understanding of the effect of personnel performance on nuclear safety and those factors that contribute to L
that performance. A standardized investigation methodology will allow the NRC. staff to evaluate the influences of human factors on human performance during events and answer questions such as, but not limited to,- the effect.of shift schedule,' the reasons for.
failure to follow procedures, and the nature of design p~
deficiencies of instruments.and displays.
This effort responds to the Commission's guidance to "... identify sources of operational errors, root causes, and suggest ways to improve plant safety through reduction of human related errors." (SRM M880531, July 21, 1988)-
C.1.2.
OBJECTIVE The objective of this effort is to (1) review and evaluate existing investigation protocols and tools in the area of human F
performance; and, (2) develop and test an' investigation protocol
?
to support identificationLof root causes of human errors during nuclear events both at power plants and involving materials licensees; then (3) develop a training program for NRC inspectors on the use of the investigation protocol.
C.I.3.
WORK REQUIREMENT I
Task 1.
Evaluate Existing Human Performance Investigation Protocols and Instruments L
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RS-RES-89-086 Section C The contractor shall identify, characterize, and document existing investigation tools that can be adapted, in whole or in part, to the investigation of human error during nuclear industry incidents.. Identify relevant investigation protocols and instruments both developed for specific application to the nuclear industry and those deve?oped for use in other comparable industries.
The contractor shall provide an evaluation report which includes a characterization of the strengths and weaknesses of each protocol and instrument for identifying and recording the root causes of human error during nuclear incidents.
It is estimated that this task will be completed within four months after the effective date of this contract, at which time such report shall be submitted in accordance with Section F.5 herein.
Estimated Level of Effort: Nine Person-Weeks Task 2.
Develop an Investigation Protocol to Support Identification of Root Causes of Human Errors During Nuclear Events The contractor shall use the information gained in Task 1, and l
develop a human performance investigation protocol for use by NRC staff to support identification of root causes of human errors L
during nuclear events. The investigation protocol shall describe investigation methods, address identifiable and controllable contributors to_ human error, and shall include a form that can be used to guide and record the identification of root causes.
The investigation protocol developed by the contractor must be tailored for use by NRC staff not necessarily trained in human factors investigations.
It must be applicable to investigations of incidents at nuclear power plants and at nuclear materials licensees' worksites. The level of detail of root causes shall be consistent with corrective actions the licensee could reasonably be expected to take and what the NRC does (or could) regulate.
It is estimated that this task will be completed within eight months after the effective date of this contract, at which time a report documenting the results of Task 2 shall be submitted in accordance with Section F.5 herein.
Estimated t.evel of Effort:
21 Person-Weeks THE NRC WILL REVIEW THE REPORT SPECIFIED UNDER TASK 2 AND, IF NECESSARY, EXERCISE THE OPTION TO EXTEND THE SERVICES REQUIRED HEREUNDER TO INCLUDE TASKS 3 AND 4.
THE EXERCISE OF ANY OPTION SHALL BE IN ACCORDANCE WITH SECTION I.2 AND FAR CLAUSE 52.217-8 HEREIN.
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4 RS-RES-89-086 Page 10 Section C OPTIONAL -- Task 3.
Pilot Test the Investigation Protocol Developed in Task 2 The contractor shall identify needed improvements and changes to the investigation protocol developed in Task 2 above and develop criteria for evaluating the useability and adequacy of the propose'd protocol. The NRC Project Officer will make the draft investigation protocol available to designated NRC staff involved in the investigation of nuclear incidents and evaluate through questionnaires and interviews with NRC inspectors, the useability of the draft investigation protocol.
The contractor will be required to participate in three investigations (selected by the NRC project officer) using the proposed investigation protocol to identify needed changes.
After a period of six months and based on questionnaire and interview results and investigations f.
conducted, the contractor shall id mtify and characterize the modifications required and incorpoxate the identified changes in the final proposed human performance investigation protocol.
The contractor shall submit a report to the NRC Project Officer and Contracting Officer that documents the modified investigation protocol and tool (s).
It is estimated that this task will be-completed within sixteen months after the effective date of this contract, at which time such report shall be submitted in accordance with Section F.5 herein.
l Estimated Level of Effort: Twenty-two Person-Weeks OPTIONAL-- Task 4.
Develop a Training Program for NRC Inspectors on the Use of the Human Performance Investigation Protocol The contractor shall develop, using a systems approach to training,'a program and all associated materials for training NRC staff and contractors on the use of the human performance investigati'n protocol developed in Task 3 above. The contractor o
o shall identify learning objectives and prepare all necessary training materials'to support a training course to be offered through the NRC's Technical Training Center.
This task shall be completed within eighteen months after the effective date of this contract.
Estimated Level of Effort: Six Person-Weeks NOTE: Please refer to Section C.3 herein for the necessary travel to perforin the three investigations specified under Task 3 above.
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l Page 11 R$-RES-89-086 Section C C.2 TRAVEL APPROVALS (MAR 1987) a.
All domestic travel requires the prior approval of the Project Officer, b.
All foreign travel must be approved in advance by the NRC on NRC Form 445 and shall be in compliance with 52.247-63 Preference For U.S. Flag Air Carriers.
Such approval will be communicated in writing through the Contracting Officer.
(End of Clause)
C.3 TRAVEL REQUIREMENTS It is anticipatsd that the below listed travel will be necessary for the satisfactory completion of this effort:
Task 1 Evaluate Existing Instruments One trip to NRC Headquarters in Rockville, MD (2 days)
Number of persons:
2 One trip to Atlanta, GA.
(2 days)
Number of persons:
2 Task 2. Develop Investigation Protocol One trip to NRC Headquarters (1 day)
Number of persons:
1 Task 3, Pilot Test Protocol Three trips to designated licensee facilities (3-4 days each)
Number of Persons:
2 Three trips to designated NRC Regional Offices (1 day each)
Number of Persons:
2 (End of Clause)
NOTE: Reference is hereby made to Section G.3 Travel Reimbursement herein.
r Page 12 RS-RES-89-086 Section D 1
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 applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(End of Clause)
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Page 13 RS-RES-89-086 Section E~
t SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE: Thefollowingsolicitationprovisionsand/orcontract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.246-3 APR 1984 INSPECTION OF SUPPLIES--
COST-REIMBURSEMENT 52.246-5 APR 1984 INSPECTION OF SERVICES--
COST-REIMBURSEMENT 8
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RS-RES-89-086 Section F 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 52.212-13 APR 1984 STOP-WORK ORDER ALTERNATE I (APR 1984)
F.2 PREPARATION OF TECHNICAL REPORTS (JUNE 1988)
All technical reports required by Section C and all_ Technical Progress Reports required by Section F are to be prepared in accordance with the attached NRC Manual Chapter 3202.
NRC Manual Chapter 3202 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).
(EndofClause)
F.3 TECHNICAL PROGRESS REPORT (JUNE 1988)
(OMB CLEARANCE NUMBER 3150-0112)
The_ Contractor shall provide a monthly Technical Progress Report to the Project Officer and-the Contracting Officer. The I
report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.
Each report shall include the following for each discrete task:
.a.: A listirg of the efforts completed during the period; milestones reached or, if missed, an explanation provided; b.
Any problems or delays encountered or anticipated and recommendations for resolution; (if the recommended resolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, the Contractor shall submit a separate letter to the Contracting Officer indentifying the required change and estimated cost impact).
c.
A summary of progress to date; and d.
Plans for the next reporting period.
NOTE: For additional reporting requirements See Paragraph F.7 herein.
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Page 15 RS-RES-89-086 Section F '
i 1
(EndofClause)-
F.4 FINANCIAL STATUS REPORT (JUNE 1988).-
(OMBCLEARANCENUMBER 3150-0112)
The Contractor shall provide a monthly Financial Status Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report period and i
shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period-of performance, and the period covered by the report.
Each report shall include the following for each discrete task:
Provide total estimated cost (value) of the project as a.
reflected in too contract, the amount of funds available in the contract to date, and the balance of funds required to complete the work as follows:
l
- 1) Total Estimated Contract Amount.
l
- 2) Total Funds Obligated To Date, p
- 3) Total Costs Incurred This Reporting Period.
E
- 4) Total Costs Incurred To Date.
- 5) Balance of Obligations Remaining.
- 6) Balance of Funds Required To Complete Contract.
b.
Detail of all direct and indirect costs incurred during the reporting period for each task.
L Update the arproved Co'ntractor Spending Plan (CSP) if c.
required under this contract.
If there have been no changes to the projections, a certification to that effect may be provided with the Financial Status Report in lieu of the CSP.
(EndofClause)
F.5 PLACE OF DELIVERY--REPORTS (JUNE 1988)
The items to be furnished hereunder shall be delivered,-with all charges paid by the Contractor, to:
s-Project Officer (2 copies) a.
1 b.
Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number:
Division of Contracts and Property Management Cortract Administration Branch
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F.6 OURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE II (MAR 1987)
This contract shall commence on the effective date of this contract and shall expire eight months thereafter. The term of a
this contract may be extended in accordance.with FAR 52.217-9. See Section 1.2 herein, i
F.7 TECHNICAL REPORT The Contractor shall document the results of this research effort-in two camera-ready NUREG/CR documents. The FIRST-such document shall' describe the results of Tasks 1 and 2 herein.
In the event optional Task 3 is required to be performed by the Contractor, the results of Task 3 shall also.be included in this camera-ready NUREG/CR document.
In the event optional Task 4 is required to be performed by the Contractor, the SECOND camera-ready NUREG/CR document shall provide the results of Task 4.
Both camera-ready documents shall be submitted in accordance with Section F.5 herein and are due within eighteen months after the effective 'date of this' contract..
These documents shall. conform to the guidelines in NUREG-0650,
" Technical. Writing Style G' ide," November 1979.
u Publication Note NRC expects publication of appropriate scientific results from NRC-sponsored programs in refereed scientific and engineering journals..'The publications may focus on advances in science and technology, but not on conclusions and recommendations which may have regulatory implications. This publication in scientific and-engineering journals does not change the program manager's normal review of program documents.
This should be reflected in the proposal when appropriate.
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SECTION G - CONTRACT ADMINISTRATION DATA G.1 INDIRECT COST RATES (JUNE 1988) a.
Pending the estabitshment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:
b.
The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any-revisions proposed by the Contractor. It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation of Cost or 52.232 Limitation of Funds,
as applicable, if:such change (s) affect (s) performance of work within the established cost or funding limitations.
(EndofClause)
G.2 PROJECT OFFICER AUTHORITY (JUNE 1988)'
a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Address:
Telephone Number:
b.
Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer. The term " Technical Direction" is defined to include the following:
1)
Technical direction to the Contractor which shifts
-work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.
2)
Provide advice and guidance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
3)
Review and, where required by the contract, approval of te'chnical reports, drawings, specifications ar.d technical llp
ci Page 18
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RS-RES-89-086 Section G information to be delivered by the Contractor to the Government under the contract, c.
Technical direction must be within the general statement of-work stated in the contract.
The Project Officer does not have the authority to and may not issue any technical direction which:
- 1) Constitutes an assignment of additional work outside the general scope of the contract.
- 2) Constitutes a change as defined.in the Changes clause of this contract.
- 3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
- 4) Changes any of the expressed terms, conditions or specifications of the contract.
- 5) Terminates _the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive
- whatever, d, - All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days af ter verbal issuance. A copy of said written direction shall be furnished to the Contracting Officer.
e.
The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause, f.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed
- but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall. issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause, g.
Any unauthorized commitment or direction is ued by the Project Officer may result in an unnecessary delay in the Contractor's performance and may even result in the Contractor expending funds for unallowable costs under the contract.
h.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken vith respect thereto shall be subject to 52.233 Disputes.
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,a RS-RES-89-086 S ction G l
I 1.
In addition to providing technical direction as defined -
above, the Project Officer is responsible for:
j i
- 1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.
- 2) Assisting the Contractor in the resolution of technical
)
. problems encountered during performance.
- 3) Reviewing all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(End of Clause)
G.3 TRAVELREIMBURSEMENT(JUNE 1988)
Total expenditure for domestic travel shall not exceed $
- a.
without the prior approval of the Contracting Officer, b.
The Contractor is encouraged to use Government contract j
airlines, AMTRAK rail service, and discount hotel / motel properties in order to reduce the cost of travel under this contract. The l-Contracting Officer will, upon request, provide each additional-L traveler with a letter of identification which is required in order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel traveling on official business under this contract. The FTD, which is issued monthly, may be purchased-from the U.S. Government Printing Office, Washington, DC 20402.
l c.
The Contractor will be reimbursed for reasonable domestic i~
travel costs incurred directly and specifically in the performance i
of this contract. The cost limitations for travel costs are l
determined by the Federal Travel Regulations that are in effect on the date of the trip. These Regulations specify the daily maximum per diem rates for specific localities within the Conterminous United States (CONUS), the standard CONUS rate, the allowance for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require' receipts. A copy of the Regulations may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.
d.
When the Government changes the Federal Travel Regulations, it is the responsibility of the Contractor to notify the Contracting Officer in accordance with the' Limitation of Cost clause of this contract if the Contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
The rates for foreign travel are established by the U.S.
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RS-RES-89-086-Section G 1
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Department of State and are listed in a publication entitled
" Maximum Travel Per Diem Allowances For Foreign Areas".
Copies of this publication may be obtained from the U.S. Government Printing 3
LOffice, Washington, D.C.
20402.
(End of Clause)
G.4 REMITTANCEADDRESS(MAR 1987)
If item 150, of the Standard Form 33 has been checked, enter the remittance' address below.
Name:
Address:
T (End of Clause)
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Page 21 RS-RES-89-086 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS i
H.1 KEY PERSONNEL (JUNE 1988) a.
The following individuals are considered to be essential to t
the successful performance of the work hereunder.
i a
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 becomes, or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor
+
shall immediately notify the Contracting Officer and shall, subject
.to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications, c.
All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute and other information.
requested by the Contracting Officer to approve or disapprove the-proposed _ substitution. The Contracting Officer will evaluate such requests-and promptly notify the Contractor of his/her approval or i
disapproval thereof in writing.
I d.
If the Contracting Officer' determines that:
- 1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or
- 2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
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h3 Page 22 RS-RES-89-086 Section H (End of Clause)
H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)
The Contractor shall take all reasonable precautions in.the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to. life and property and shall comply with all applicable health, safety,-and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.
In the event that the Contractor fails to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of-the work; thereaf ter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.
The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.
(End of Clause)
H.3 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987)
The Contractor shall comply with the requirements of the l
attached NRC Manual Chapters 3202 and 3206 (See Section J for List of Attachments) regarding publications or dissemination to the public of any information, oral or written, concerning the work performed under this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
(End of Clause)
~
H4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)
Except as specifically authorized by this contract, or as.
otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.
(End of Clause)
H.5 DRAWINGS, DESIGNS, AND SPECIFICATIONS (JUN 1988)
All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, I
l negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, are subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities must be afforded the Commission by the Contractor and its subcontractors), are the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its 3
so G
p RS-RES-89-086 Page 23 Section H subcontractors and vendors for additional compensation and must, subject to the right of the Contractor to retain a copy of the material-for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the. Contracting Officer may from time to. time direct during the progress of the work or in any event as the Contracting Officer shall direct-upon completion or termination of this contract. The Contractor's right-of retention and use is subject to the security, patent, and use of information provisions, if any, of this contract.
(End of Clause)
H6 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, b.
Scope. The restrictions described apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the: activities covered by this clause.
c.
Work for others. Notwithstanding any'other provision of this contract, during the term of this contract, the Contractor
. 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 employees under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any employee that any-proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
d.
Disclosure after award,
- 1) The Contractor warrants to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of inter 3st, as defined in 41 CFR 20-1.5402(a).
- 2) The Contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.
This statement must include a description of the action which the Contractor has taken or proposes to take to 1
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b.i RS-RES-89-086 Page 24 Section H avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government, e.
Access to and use of information.
- 1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(1)
Use this information for any private purpose until i
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) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless the information has previously been released to the public by the NRC.
- 2) In addition, the Contractor agrees t_ hat to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or l-privileged technical, business, or financial information under this contract, the Contractor shall treat the information in accordance with restrictions placed on use of the information.
- 3) The' Contractor shall have, subject to patent and security
- provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all L
requirements of this contract have been met.
1 f.
Subcontracts.
Except as provided in 41 CFR 20-1.5402(h),
the Contractor shall include this clause, including this paragraph, in subcontracts of.any tier.
The terms " contract," " Contractor,"
and " Contracting Officer," must be appropriately modified to L
preserve the Government's rights.
g.
Remedies.
For breach of any of the above restrictions or l
for intentional nondisclosure or misrepresentation of any relevant l'
interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for def ault, disqualify the Contractor from subsequent contractual ef forts, and pursue other l
remedies permitted by law or this contract.
t h.
Waiver.
A request for waiver under this clause must be l
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RS-RES-89-086 Section H Page 25 directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined-in 41 CFR 20-1.5411.
(End of Clause)~
[
H.7 - GOVERNMENT FURNISHED EQUIPMENT / SUPPLIES 1The NRC will provide to the' resultant contractor the following items for use undtr this contract:
1.
NUREG-0650 Technical Writing Style Guide, November 1979 2.
NUREG-1303 Incident Investigation Manual US NRC, February 1988 3.
Available NRC draft, human-performance investigation tools P
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.RS-RES-89-086 Section I PART II - CONTRACT CLAUSES SECTION I CONTRACT CLAUSES I.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)
NUM8ER 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 4
L 52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES ~
l-52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL' 52.215-2 APR 1988 ~ AUDIT -- NEGOTIATION 52.215-22 APR 1988 PRICE REDUCTION FOR j
DEFECTIVE COST OR I
PRICING DATA i
L 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.215-31 SEP 1987 WAIVER OF FACILITIES Cf.PITAL COST OF MONEY 1
52.215-33 JAN 1986 ORDER OF PRECEDENCE l
52.216-7 APR 1984 ALLOWABLE COST AND PAYMENT l
52.216-8 APR 1984 FIXED FEE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND I
SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES i
52.220-3. APR 1984. UTILIZATION OF LABOR t
SURPLUS AREA CONCERNS 52.222-1 APR 1984 NOTICE TO THE GOVERNMENT i
0F LABOR DISPUTES 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-28 APR 1984 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS
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.. i RS-RES-89-086 Section I 52.222-36 APR 1984. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-374 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS 0F THE VIETNAM ERA 52.223-2' APR 1984 CLEAN AIR AND WATCR 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE-REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 APR 1984 INSURANCE -- LIABILITY TO THIRD PERSONS 52.229-10 OCT 1988 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX 52.230-3 SEP 1987 COST ACCOUNTING-STANDARDS 52.230-4 SEP 1987 ADMINISTRATION OF COST ACCOUNTING STANDARDS 52.230-5 SEP 1987 DISCLOSURE AND CONSISTENCY 0F COST ACCOUNTING PRACTICES 52.230-6 SEP 1987 CONSISTENCY IN COST ACCOUNTING PRACTICES 52.232-17 APR 1984 INTEREST 1
52.232-18 APR 1984 AVAILABILITY OF FUNDS 52.232-22 APR 1984 LIMITATION OF FUNDS 52.232-23: JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES 52.233-3 JUN 1985 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) 52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS j
52.243-2 AUG 1987 CHANGES -- COST-REIMBURSEMENT ALTERNATE I (APR 1984)
- i 52.244-2 JUL 1985 $UBCONTRACTS 1
(COST-REIMBURSEMENT l
AND LETTER CONTRACTS) l 52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING 1
52.245-5 JAN 1986 ' GOVERNMENT PROPERTY (COST-REIM-BURSEMENT, TIME-AND-MATERIAL, 7
OR. LABOR-}l0UR CONTRACTS) 52.249-6 MAY 1986 TERMINATION (COST-REIMBURSEMENT) 52.249-14 APR 1984 EXCUSABLE DELAYS I.2 OPTION TO EXTEND THE TERM 0F THE CONTRACT--SERVICES The Government may extend the term of this contract by written notice to the Contractor within three weeks after receipt of the report required by Task 2 herein.
If the Government exercises this option, the extended contract shall be considered to include this option provision. The total duration.of this contract including the exercise of any options, shall
- not exceed 18 months.
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RS.lES-89-086 Section I l
1.3 PAYMENT FOR OVERTIME PREMIUMS (FAR52.222-2)(APR1984)
(a) The use of overtime is authorized under th4 contract if the overtime premium cost does not exceed $0.
In addition to this dollar ceiling, overtime is permitted only for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby ' plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that dental of the request will have on the contract delivery or performance schedule;.
(3) Identify the extent to which approval of. overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
(End of Clause) l g
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Page 29 R5-RE5-89-086 Section 1 l
I.4 ' PROMPT PAYMENT (52.232-25) (APR 1989) i Notwithstanding any other payment clause in this rNtract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified.
(a)InvoiceFayments i
(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have i
been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.
i (2) Except as indicated in subparagraph (a)(3) and paragraph (c) l of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
i (1) The 30th day after the designated billing office has received a proper invoice from the Contractor.
(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final l
invoice where the payment amount is subject to antract settlement actions, acceptance shall be deemed to have occat ad on the l
effective date of the contract settlement. However, if the l
designated billing office fails to annotate the invoice with the i
actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the Contractor's invoice is dated, 4
provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor co.npliance with contract requirements.
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
182(3)) and further defined in Pub. L.98-181 to include any edible fresh or frozen poultry meat, an perishable poultry meat food product, fresh eggs, end any perishable egg product, will be as close as possible to, but not later than, the 7th day after product
- delivery, t
(11) The due date for perishable agricultural commodities, as
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R$-RE$-89-086 Secticn !
defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, I
but not later than, the 10th day after product delivery, unless i
another date is specified in the contract.
j (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, but not later than the 10th day after the date on which h proper invoice has been received.
(4) An invoice is the Contractor's bill or written request for l
payment under the contract for supplies delivered or services t
performed. An invoice shall be prepared and submitted to the designated billing officer specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(1) through(a)(4)(viii)ofthisclause.
If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities, edible fats or oils, and
(
food products prepared from edible fats or oils). Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.
(1)NameandaddressoftheContractor.
I (11)Invoicedate.
F (iii)Contractnumberorotherauthorizationforsupplies delivered or services performeri (including order number and contract i
line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
?
l (v) Shipping and payment terms (e.g., shipment number and date of
(
shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii)Name(wherepracticable), title,phonenumberandmailing 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
)
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RS-RES-89-086 Section I made by the due date and the conditions listed in subdivisions (a)(5)(i) through (a)(5)(tii) of this clause are met, if applicable.
i An interest penalty shall not be paid on contracts awarded to foreign vendors outside the United States for work performed outside the United States, i
i (i) A proper invoice was received by the designated billing l
. ' office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over i
quantity, quality, or contractor compliance with any contract term i
or condition.
l (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the j
amount was not subject to further contract settlement actions between the Government and the Contractor.
]
(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 613) that is in effect on the day after the i
due date, except where the interest penalty is prescribed by other 1
governmental authority. This rate is referred to as the
" Renegotiation Board Interest Rate," and it is published.in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily csn the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in paragraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed I
i
(
the Contractor will be based on this adjusted due date. Adjustments i
will be made by the designated payment office for errors in calculating interest penalties, if requested by the Contractor.
l (1) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the i
supplies or performed the services in accordance with the terms and l
conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision. In the event that actual acceptance. occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance.
The constructive acceptance requirement does not, however, compel Government officials to accept suppite or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities, v
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b Page 32 RS-RES-89-086 Section !
(ii) The following periods of time will not be included in the detemination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the 1
corrected invoice by the Contractor.
I (iii) Interest penalties will not continue to accrue after the I
filing of a claim for such penalties under the clause at 52.233-1, i
Disputes, or for more than 1 year. Interest penalties of less than i
$1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contracto. over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retair.ed in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a discount for prompt payment is taken improperly. The' interest penalty will be calculated as described in subparagraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day'after the end of the discount period through the date when the Contractor is paid.
(8) If this contract was awarded on or after October 1,1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the Contractor-(1) Is owed an interest penalty; (11) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.
(b) Contract Financing Payments l
(1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a 3,y
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percentage or stage of completion (32.102(e)(1)) other than those ~'
i made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts, and interim payments on j
cost type contracts.
i (2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as
{
specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th i
day) day af ter receipt of a proper contract financing request by the designated billing office. In the event that an audit or other j
review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(4) Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) If this contract contains the clause at 52.213-1. Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(End of Clause) 1.5 ELECTRONIC FUNDS TRANSFER PAYMENT METH005 (52.232-28) (APR 1989)
Payments under this contreet will be made by the Government either by check or electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments, and shall submit this designation to the Contracting Officer or other Government official, as directed.
(a) For payment through FEDLINE, the Contractor shall provide the following information:
(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
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Page 34 RS-RES-89-086 Section I x
S (3) Payee's account number at the financial institution where funds are to be transferred.
i (4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and i
telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains j
wire transfer activity. Provide the telegraphic abbreviation and American Bankers Association identifying number for the l
correspondent institution.
(b) For payment through ACH, the Contractor shall provide the following information:
(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number t
used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for checking, "S" for savings).
(4) If the Contractor is a new enrollee to the ACH system, a
" Payment Information Form," SF 3881, must be completed before payment can be processed.
(c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.
(d) The documents furnishing the information required in this
+
clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.
(e) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.
(EndofClause)
I.6 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
(End of Clause)
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)
i I.7 ORUG-FREE WORKPLACE (FAR 52.223-6)
(a) Definitions. As used in this clause,
" Controlled substance" means a centro 11ed substance in schedules I through V of section 202 of the Controlled Substances Act (21 i
U.S.C. 812) and as further oefined in regulation at 21 CFR l
1308.11-1308.15.
l
" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to detemine violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal L
statute involving the manufacture, distribution, dispensing.
l possession or use of any controlled substance.
" Drug-free workplace" means a site for the perfomance of work done in connection with a specific contract at which employees of the centractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a j
controlled substance.
j
" Employee" means an employee of a contractor directly engaged in the perfomance of work under a Government contract.
" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.
(b) The Contractor, if other than an individual, shall --
I (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to infom such employees about--
(1) The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace:
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
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RS-RES-89-086 Page 35A Section I i
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(3) Provide all employees engaged in perfomance of the contract l
with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in the statement required by l
subcaragraph (b)(1) of this clause, that as a condition of continued employment on this contract, the employee will --
(1) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) l days after such conviction.
(5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (a)(4)(11) of this clause, from an employee or otherwise receiving actual notice of such conviction; 1
(6) Within 30 days after receiving notice under subparagraph (a)(4) of this clause of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of i
drug abuse violations occurring in the workplace:
(1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or I
other appropriate agency.
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(7) Make a good faith effort to maintain a drug-free workplace
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this clause, i
l (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, 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 reavirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, 4
render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.
(End of Clause) l I
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.a w v RS-RES-89-086 Page 35B Section I 1.8 52.217-8 OPTION TO EXTEND SERVICES (APR 1984)
J The Government may require continued performance of any services within the limits and at the rates stated in the Schedule.
The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of Clause) 5 0
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
- r SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 1
Billing Instructions 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter 3202 l~
4 Standard Form 1411 with Instructions 5
- NVREG-0650 Technical Writing Style Guide, Nov.1979 i
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- One copy only 1
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