ML20023C223
| ML20023C223 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/26/1983 |
| From: | Couch M, Mattia M CENTRAL DATA PROCESSING, INC., NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20023C221 | List: |
| References | |
| CON-FIN-B-8855, CON-NRC-33-83-460 NUDOCS 8305160316 | |
| Download: ML20023C223 (56) | |
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SOLIC ITITION, OFFER AND AWARD
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, v.r e.* s w o SEE PART III 0F THIS SOLICITATION PACKAGE.
N0"E:
THE iDDF ESS SHOWN 1 1 BLOCK 7 IS FOR fiAILING PURPOSES ONLY.
YOUR HAND-CARRIED QFFER SH0 JLD BE DELIVERE ) AS ADDRESSED IN BLOCK 9 ABOVE.
THIS INCLUDES DELIVERY BY Af'Y EXPRES 5 M/ IL SERVICES OR SPECIAL e
DELIVERY SERVICES WHICH USE A COURIER OR OTHER(PERSON-I
) DE LIVER THE 0 FER IN PERSON TO THE NRC.
A TELEPHONIC PROPOSAL IS NOT AUTHOR [ ZED.
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, r, Margaret J.
Couch, Secretary Central Data Processing, Inc.
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ORM, Attn: GOV /COM Accounts Division of Accounting and Financing Washinoton. DC 20555 M."**o o*38
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- PRINCIPAL PLACE OF PERFORMANCE:
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07-484-4226 nun EnMarn,_
R E P R E S E N T A1 lO N S. C E liiTITC A1 ONS AN D A C K NOW L L D G!.e I L
.RE PR E SE NT ATsONS sches s or compless att apolocabor Dozes cr crocas.1 Thegf fece remesents as can of his off:r that 1.
SMALL BUSINE:5 ISee a:r I4 on SF 33 A.)If of feeor at a small business concern and as not the manuf acturer of the supphas of fered, He 7 es? 2 es not a small bus. ness concern
..I supDhes to be f urnished hereuncer 3 will. C will not. be manuf actur eted or produced by a small bussness concern e.e alsc s epresents that
.ri the Unit ed State-2 ponessions. or Puerto Rsco.
MINORITY BUSINESS ENTERPRISE He C [s. 3:s not, a minority businen enterprise. A minority business enterprise is defined as a ** business, at least 50 2.
is ownId by minority group members or,en case of publiefy owned b'usinesses, at least 51 percent of the stock of which is members are' Negroes. Spanish speaking American pe r s ons, group membetsf For the purpose of this definition, minority group American Orientals. American indians. American Eskimos. and American Aleuts.
REGUL AR D E ALE R - MANUF ACTURER IApplocable only to supply contracts esteeuung S10.000.)
3.
Hi is a E' regutar dealer in O manuf acturer of. the supplies of fered.
CONTINGENT FE E ISee par.15 on SF 33 A.I for f al He Z ha!. E has not. employed or retained any company or persons (other than a fu//-seme f)ond [ide emplover ;vur&
4.
secure this contract. and (b) he 2 has.Chas not. paid or agreed to pay any company or person turher than.
some bona fede ernprover workong solely for the offerorl any fee, commnssion, percentage, or orakerage f ee c the o//crorf io schcit or Of ficer. Ilnierpre-the award of this contract. and ag'ees to furnish information selating to (a) and (b) above, as requested by the Contracting sasson of the representation oncl.idong the term ~~ bona fode employee see Code of Federa! Regulatoons. Title 41. S TYPE OF BUSINESS ORG ANIZ ATION He operates as Z an individual. O a partnersnip, C a nonprofit organisation.E a corporation, sncorporated uno 5.
Maryland o,
AF FlLl ATION AND 1DENTE F Yf NG D ATA (Applicable only to advertised sofoceratsar:s./
6.
,Ea:h of f eror snail complete f al and (b) if apolicable and Icl below:
(See par.16 on Sr 33 A.
.f al He : is. 3is not. ownto or controlled by a parent company.lbJ If the off eror is owned or control the parent company:
i sut or paaE.s1 covoawv i an.o wt.w o8 8.C E ADost s5 f
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i ma af ser cowaaw's i e no l ce sum C*t a S not wise.C A1.Ow MuwSER.Sif PAM rran $r JJ 4 o8 8f aom 5 E. ho
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N/A 52-0896142 EQUAL OPPORTUNITY He O has. O has noi pariicipaied in a previous conirect or subcontract subsect either io the Equal Opportu 7.
the clause conta ned in Section 201 of E ecut.ve Ord
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the cliuse originally Contaened in seClion 301 of Esecut.ve Order No.10925. on i
1111C that he D has. O has not, filed all requered comphance reports and that representations indicating s d not be submitted a reports. signed by proposed subcontractors, will be cbrained prior to subcontract awards. (The above representation nee connection with contracts or subcontracts which are enempt frori1 the cousi opportunsty clause.)fele. C has not rievelop i
tul The bidder (or of f eror) represents that (1) he D has developed and has 09 (41 CFR 601 and 60 21 -
each estabIrshment affermative action programs as required by the rules and regulatsons of Inc Secretars w Labor O ht.s noi previousiv had coniracis subjeci io ine wriiien aff;, mat,v, aci,on p,og,,m,,,ou,,em.ni o 550 000 or moes ants ivno h, (21 h2 Secretarv of Labor. t The above representation shallbe cornpresed by each bodder for cliercri whose bid foffert is i 50 or more employees I CER TIFICATIONS ICheck or comoiete att acohcaote bones or tiocksi de f.ne 1.
BUY AME RIC AN CE RTIFICATE each e'id' product. except the end products listed below, is a domestic end product tas d
d.r The of f eror certifies as part of his of fer that-that components of unknown origin have been considereo to have been mined, pro uce in the c/ause entitled " Buy American Act"). and manuf actured outs.de the United States.
C Cw'st av or on.Gs Isesvolo twc *noovCT5 5tarica'd F oem J3 Fan 2 #RE V 34
2 C1.E AN AIR AND WATlR (Aoplasbla if the bad or tiin esteeds S100,000.or th contiscling offocer his celsemonsd that ordsrs und;r cc, s'ndefinors cutnisty tsnts:ct an sny yw well excsed $100,000, cr a localsty to be 'ussd hos bssn the subpct cf a convecto:n synd3r ths Chsn Aur Act (42 U.S.C. ICS7c-8tc)(11)or the Federet water Pcifution Control Act (33 U.5 C.1319tc!) andis listed by EPA, or os not otherwose esempt.)
Tb.e bidder.or of feror certifies as follows:
(al Any f acihty to be utilized in the performance of this p<oposed contract O has. E has not, been listed on the Environmentat Protretion Agency List of Violating Facilities.
('b) He will promptly notify the contracting officer, prior to award.of the receipt of any communication from the Dieretor, Of fice of ederal Activities Environrnental Protection Agency, indicatir g that any f acility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of Wolating Facilities.
(c) He vill include substantially this certification, induding this paragraph (c), in every noneaempt subcontract.
),
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION /See par.18 on SF 33-A) fa) By subminion of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own gganization, that in connec1 ion with this procurement:
(1) The prices in this offer have been arrived at indepenoently, without consultation, communication, or agreement, for the 3rpost of restrigting competition,as to any matter relating to such prices with any other offeror or with any comptatort (2) Unless otherwise required by taw, the prices which have been quoted in this offer have not been knowingly disclosed by the Biercr and will siot knuwingly be disclosed by the offeror prior to opening an the case of an advertised procurement or prior to award in the se of a negotiated procurement,directly or inde ectly to any other olieror or to any competitor; and (3) No a,itempt has been made or will be made by the of feror to induce any other person or firm to submit or nct to submit an frr f or inat purpose of r estricting competition.
(b) Each person signing this offer certifset that:
(1) He is the person in the offeror's organization responsible within that organization for the cecision as to the prices being
$ ered herein and that he has not participated, and will not participate, m any action contrary to (a)(1) through f all3), above.or f
(2) (i) He is not the person in the offeror's organization respons.ble withia that organi2ation for the decision as to the prices
%g offered hereen but that he has been authorized in writing to act as. agent for the g.rsons responsible for such decision en certif ying that ch persons have not participated and wiil not participate, in any action contrary to (a)(1) through f all3) above, and as their agent does freoy so csrtify; and (ial he has not participated, and will not participate, in any action contrary to (a)(1) through (al(3) above.
CERTIF; CATION OF NONSEGREGATED FACluTIES IApplicable to (1) contracts..(2) subcontracts, and (31 agreements wath apphcants who are themselves performing lederally assistedconstruction contracts, enceedong S10,000 which are not en empt from the provisions of the Equat Opportunity clause.)
By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his lployees any segregated f ac:lities at any of his establishments, and that he does not permit his employees to perform thest services at any htson.inc'er his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for h:s employ any segre0ated f acilities at any of his establishments, and that he will not permit his employees to perform their services at any location, pr his control, where segregated facilstics are maintained. The bidder, of feror, applicant, or subcontractor agrees that a breach of
- means GDtirn is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term ** segregated f acilities 7 waiting rooms, worls areas, rest rooms and wash rooms, restaurants and other eating areas, time c!ocks, locker rooms and other stora psing aret.s parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided yloyees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national local custom, or otherwise. He 'urther agrees that (e x cept where he has obtained edentical certifications from proposed l habit, contrcciors for specific time periods) he will obtain identical certifications from proposed subcontractors prior ~to the award of that he will retain such pontracts exceeding S10,000 which are not exempt from the provisions of the Eciual Opportunity clause:
'ifications in his files; and that he wall forward the following notice to such proposed subcontractors (eacept where the proposed yontractors have submitted identical certifications for specific time periods):
l Notics to prospective subcontractors of requiremenl for certifications of nonsegregated facilities.
l A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding S10,O'}O which is not lhot from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all fontracts during a period (i.e., quarterly, semiannually, or annually). NO TE: The penalty for making false offers is prescribed in 18
@ 1001.
l Continued on Page 4
- ut eeDur a t seC o*rf auf **Dut w f No o 418 s
$NOWLEDGMENT OF AMENDMENTS h offefor Ackncreedges roce pt of arnend-lnts to the Sobcstation for cffers and refated
%nta numtered and caled aa fonows;
@: Offers must set forth full, at:uratt 2no complete informaroon as reovorrf by thus Soracitation fonctuarng arrachmen'tsl. The 1
vasing false statements in offers os prescrobedin 18 U.S.C. ID01.
5:ancua Foera 33 Page J iAt. 37.5
PART I Representations, certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSINESS
~ Concern is 6 i,s not h/ a womaniowned business.
The bu_sinessjs publicly owned, a joint stock association, or a business trust L/ yes /_f no..The business is 6 certified /_7 not certified.
~
A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.
Controlled is defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this iriformation is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
7.
NON-DISCRIMI$ATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
/g (a)
In the perforTnance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the,terins, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, and
~
/_V (b)
That contractors and subcontractors, or persons acting on their
~
behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is i
based on a bona fide occupational qualification, retirement plan,
,or statutory requirement.
8 CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used l
as required by specifications referenced in the solicitation / contract.
l
l 9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to Central Data Processing', Inc.
of a co_(ract or the n
modification of an existing contract does /_f or does not /_x/ involve'
. situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the -
Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) determine that it is othenvise in the best interest of the United States to seek award of the contract under the waiver provisions of I 20-1.5411.
The refusal to provide the represehtation required by 520-1.5404(b) or upon request of the Contracting Officer the facts required by 120-1.5404(c),
shall result in disqualification of the offeror for-award.
The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may
,be terminated.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or the resulting contract.
The offeror may, becauss of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offerrf M1 be considered by the NRC in the evaluation of proposals.
If the NAC, s,siders the pro-posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor infonnality, and the offeror will be permitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest.
Note:
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No. l.
6
~
PART II SOLICITATION INSIRUCTl"NS AND C3NDITIONS' I. DEFINITIONS.
- 7. LATE Bifi$. MDDlHCATIONS OF BIDS, OR WITHDRAWAL Of As sesed herein:
BIDS.
(:) The term "solicitat' ion" rocane Ir.vitation for Bids (IFB) where (a Any bid receiu d a' the ofN r designaird in the solicitation after the procurement is advertised, and Request for Proposal (RTP) where the c)aste time speci6ed for rrreipt will not be considered unless it the recurement is negotiated.
receivrd before award is m de and riihrt:
( ).The term "oder" means bid where the procurement is adver.
(1) It was sent by repsissed on aertir.ed mail not later than the tised, and proposal where the procurement is negotiated.
6fth calendar dav prior to th. datr sla si6nt fnt the rrceipt of bids
(
Tor pupes of this sohcitation and Block 2 of Standard Form (e s. a bid submitted in respe nse en a nulicitation requiring receipt of 33: e term advertised" includes Small Business Restricted Adver.
bids hy the 20th of the month must have 1= rn mailed br the 15th car tising md other types of testricted advertising.
earlier); or (2) It was sent by mail (or tilegram if authorirrd) and it as
- 2. PREPARATION OF OFFERS.
determined by the Government that the fair receipt was due solely to (r) OEctors are espected Ao esamine the drawings, speci6 cations, mishandling by the Government afte r recript at the Government Schedste, and all instructions. Failure to do no will be at oteror's installation.
(b) Any modi 6 cation or withdrawal of a bid is subjeci to the same risk.
required by the conditions as in (a), abovt. A bid ma) ahn be withdrawp in perso,n (b) Each oferor shall furnish the information solicit: tion. The oferor shall sign the solicitation and print or type by a bidder or his authorized trpresentative, provided his idenuty as hh n:me on the Schedule and each Continuation Sheet thereof on made known and he signs s receipt for the ' id, but only if the with-o which ha makes an entry. Erseures or other changes must be initiated drawal is msde prior to the epart time set for receipt of bids.
by the person signing the oRer. Oncri signed by an agent are to be (c) The only acceptable evidence to establish:
auempanied by evidence of his authority unless such evidence has
(!) The date of mailing of a late bid, modification, or withdrawal been previously furnished to the innuing esce.
sent either by segistered or certi6cd mail is she U.S. Postal Serv!ce ostmark on both the envelope or wrapper and on the original receipt (c) Unis price for each unit oHered shall be shown and such price
'from the U.S. Postal Service, if neithtr postmark shc=s a legible date, sh:llinclude packing unlem otherwise speci6cd. A total shall be entered 12 the Amount colurun of the Schedule for each item oRered. In case the bi rnodi6 cation, or withdrawal shall be deemed to have been of discrepancy between a unit price and entended price, the unit price mailed ate. (The term " postmark" means a pnnted. stamped, or other.
will be presumed to be correct, subject, however, to correction to the wise placed impression (esclusive of a postage meter machine empres-same artent and in the same roanner as any other mistake.
sion) that is readily identinable without further action as having been (d) 06ers for supplies or services other than those speci6ed will not supplied and effined on the date of mailing by employees of the U.S.
place a hand canc !!ation, oRerors should request the postal cle Postal Service. Threfore be considered unless authorized by the solicitation.
bull %ye " postmark" on both the rmipt (e) OKeror must state a dennite time for delivery of su lies or for rformance of services unlm otherwise speci6ed in the citation.
and the envelope or wrapper.)
(
Time, if stated as a number of days, will include Saturdays, (2) The time of receipt at the Government installation la the Sun :ys and holidays.
time date siemp of such installation on the bid wrapper or other (g) Code bones are for Covernment use only.
docu nentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late roodin-
- 3. EXPLANATION TO OFFEROfts. Any explanation desired by an cation of an otherwise succcesful hid which makes iu terens rnors o#xror regarding the meaning or interpretation of the solicitation, favorable to'the Govemment w;ll be considered at any time it is re.
dr:wingi, speci6 cations, etc., must be sequested in writing and with crived and may be accepted.
suscient time allowed for a re ly to reach enerors before the eub-Note: The terrn " telegram" includes mailarams.
ardasiin'of their oRers. Oral exp anations or instructions given before the r;w*rd of the contract will not be binding. Any information given
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND to o prospective off eror concerning a solicitation will be furnished to WITHDRAWALS OF PROPOSALS.
all prospective offerors as an amendment of the solicitation, if such (a) Any proposal received at the of6ce designated in the solicita-Information is necessary to oRerors in submitting offers on the solicits-tion after the enact time speci6 for receipt will not be considered tion or if the lack of such information would be prejudicial to un.
unless it is received before aws is made, and:
r certi6ed snail not later thp the infrrmed oNerors.
(I It was sent rei ~
e speci6ed for receipt of o6ers (e g.
an offer subm'ttebrior to a solicitadon requiring receipt of 6fth ca ndar day i
e
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATION 8s r p r
Riceipt of an amendment to a solicitation by an oReror must be offers by the 2 h a
onth must have been mailed by the 13th or l
teknowledged (e) y signing and returning the amendment, (b) on earli i
page three of Stan rd Form 3 or (c) b letter or telegram. Such 2
nt by mail (or telegram if authorized) and it is acznowledgment must be receiv prior to e hour and date speci6ed dete Ine he Government that the late receipt was due solely for receipt of drers.
to mi an hng by the i rnment after receipt at the Government l
installa '. ' or h
l E. SUBWitslON OF OIMRS,
(.
It is the n broposal received.
l (a) 06ers and modi 6 cations thereof shall be enclosed in scaled (b) Any modi 6catie of a proposal, except a modi 6 cation resulting cml: pes and addressed to the oEce speci6ed in thz solicitation. The from the Contracting Ecer's te est for "best and 6 cal" oRer, is sub-il oferor ahill show the hour and date speci6ed in the solicitation for ject to the same conditions (1) and (a)(2) this provision.
l recalpt, the solicitation r. umber, and the name and address of the (c) A modi 6 cation res g fro the Co tra Ing flicer a request c#feror on the face of the envelope.
for "best and Anal" oR cc e ter the ti d
te speel6cd in I
(b) T legraphic e6ers will not be considered unless authorised by the request w!!! not be cc s*
red unless f. e award and thi solicitation; however, oRers may be modi 6cd or withdrawn by the late receipt is due sol to mishandii by he Gov rnment after written er telegraphic notice, provided such nntice is received prior to receipt at the Government installationf l the hour and date speci6ed for receipt. (However, see paragraphs 7 (d) The only acceptable evidance ae sh:
cnd 8.)
(1) The date of mailing I I g
al or modi 6cador. acnt (t) Samples of iterns, when required, rnust be submitted within the either by registered or certi6e I e r the U.S. Postal Service post-
. time specl6ed, and unless otherwise speci6cd by the Government, at mark on both the envelope or and on the original receipt from imark shows a legible date, the no czpense to the Government. If not destroyed by testing, samples the U.S. Postal Service. If r on a be emed to have Lern snailed late.
unless otherwise proposal or modi 6c l will be returned at oderor's request and expense, r
speci6ed by the solicitation.
(The term "postm k"
ne a printed, staroped, or otherwise, placed irnpression (exclus c stage meter machine impre:Jon) that is i
- 5. FAILURE TO SUBMIT OFFER. If no oRcr is to be submitted, do readi! identi6able the a further action as having been sup lied and
. ailing by employees of the U.S. Pcutaf Service.
not r: turn the solicitation unless otherwise specined. A letter or post.
a ffine on the date o card shall be sent to the issuing office advising whether future solic-Therefore, oRerors should request the tal clerk to are a hand itations,for the type of supplies or services covered by this s' licitation cancellation bults eye " postmark" on bo the receipt an the envelope o
are desired. Failure of the recipient to oEer, e,r to notify the sisums or wrapper.)
of6ce thrt future solicitations are desired, may result in removal r>f (2) The dme of receipt as the Government insta!!ation la the thz n:rne of such recipient from the mailing list for the type of supplies time.date starnp of such installation on the propnsal wrapper or other er servicts covered by the sohcitation.
documentary evidence of receipt maintained by the insta!!ation.
awem mnd ma inn. :-yt s 33 Preurbe<l by GSA. FFR t4i CTR) 1-16.stt
(e)' Net =lihatandu.g (a), (h), ar.d (c), of this prniston, a lite 33-45), the Cc,ntrari Work liswrs Str.rhce M t, W t i $ t ;.s d m h
/
modtiscetiin af an ethe rwise nccessful prvpos11 whish mdes its terms and the Service Contreet Art of 19f/> f 41 U.S c. vis t's71 may be s,bstined from the Department'of I.sh..r. htshington, D tL yis.'10, s.r gaori f2virible in the Cosernment will be considerid at any time it b racimed cnd,un be accepted.
froin eny regior.cl omte of that egenry. Requests for inf armitinet,should (f) Psepustle ma> l.e withdrawn by written er telegraphic notice include the solicitation number, the nanie and cddien..I the issumg received si any sinw praur to award. Propouls may be withdrawa is exency, and a description of the supolies or seruc.s person by an cRereir or h,is authorised repressmative, provided his identity is sna fe nn..wn and hr signs a receipt for the proposal prior
- 13. SELLER'S INVOICES. Invoices shall be prepared and submitted in quadruplicate (one copy shall be marked " original") unless other.
sa swerd.
Con Ntte: The term "telegeam" includes mailgrams.
wise speci6ed. Invoices shall contain the following infor,mation:
Note: The alternate late proposals, roodifications of propals and tract and order number (if any) item numbers, desenption of supplies withdrawils of proposals provision prescribed by 41 CFR I-3.802-2(b) or services, sires, quantities, um,i prices, and extended totals., Bill of shall be used in locu of provision 8,il specified by the contract.
lading number and weight of shipment will be shown for shipments
- 9. DISCOUNTS.
14, SMALL BUSINESS CONCERN. A small business enncem for the (a) Notwithstanding the f act that a blank is provided for a ten (10) purpose of Government procurement is a conectn, including its afhli-dry dierount, prompt paiment discounts offered for payrnent within ates, which is independently owned and operated is not dominant in less than twenty (20) calendar de)s will not be considered in evalu-the field of operation in which it is subrniering o/Ters on Government sting oRers for award, unless otherwise specined in the solicitation.
However, oRrre d absrounis of less than 20 days will be taken if pay-contracts, and can further qualify under the criteria concerning num-ber of employees, average ' annual receipu or other criiens[ Federal as pre-ment is mtor withm the distnunt period, even though not conaldered scribed by the Sma'l Busireens Administratlori (See Code o in the evaluation of offers.
(b) In connection with an> discount oRered, time will be compued Regulations Title 13. Part 121, u amended, which containi detailed from dite of delivery of the supplies to carrier when delivery and industry dcEnitions and related procedsres.)
creeptance are at 3.oint of origm, or from date of delivery at desti-
- 15. CONTINGENT FEE. If the eneror, by checking the appropriate nation er port of ernbaskation when delivery and acceptance are at box provided therefor, has represented that r;e has employed or retained either cf those points, or from the date correct invoice or voucher is a cornpany or person (other than a full time bona noe employee worb received in the oRice specified by the Government, if the latter date ing solely for the oRetor) to soticit or secure this contract, or that he is hier than date of delivery. Payment is deemed to be made for the has paid or agreed to pay any fee, comm'esion, percentage, or brokeage purpose of earning the di. count on the date of mailing of the Govem-fee to any company or person contingent upon or resultmg from the ment check.
award of this contract, he shall fuenish,in duphcate, a complete Stand-ard firm 119, Contractor's Statement of Contingent or Other Fees. If
- 10. AWARD OF CONTRACT.
oReror has previously furnished a completed Siendard Form 119 to the ed to '
7 !
ro whose (a) e ton rac w'" be -
rbl oRics issuing this solicitation, he may accompany his n Ter with a signed 8
64 ( t t'
n s s
s
- to the (a) indicating when such completed form wa previcvaly (b) The Government scienes the furnished, (b) identifying by number the previous solicitation or con.-
vcanrnent, price and oiher factors consi cred.
sta teroent end to waive informahties and m,mor s.right to reject any or ali oRers tract, if any, in connection with which such form was submitted, ud tregularities in oRers received (c) The Government mar auept any item or group of incras of any (c) tiprnenting that the statement in such form is applicable to this oRer, unless the oReror quah6es his oRer by sprei6e limitat;cas. UN-offer.
LESS OTHERWISE PROVIDED IN TIIE SCHEDULE, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN
- 16. PARENT COMPANY. A parent company for the Purpose of this TIIOSE SPECIFIED; AND TIIE GOVERNMENT RESERVES oRer is a company which rither owns or controls the activities and basic means the business pohcies of the oReror. To own annther company THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A UANTITY LESS THAN Tile QUANTITY OFFERED AT Tile arent company must own at least a majority (morr than 50 percent)
NIT PRICES OFFERED UNLESS THE OITEROR SPECIFIES
[f the voting rights in that company. To control another company,such ownership is not requirfd; if another cornpany is abl* to formulate, OTHERWISE IN HIS OFFER.
,d A,wntirn a vard (or Accept.mee of ORer) ma. led (or other-determine, or vetu basic business policy decisions of the oReror, such i
(
urnished) to the success ul oReror within the time for acceptance other company is considerect the parent company of the oneror. This r
specihed in the oRer shall be dee med to re sult in a binding contract control may be esercised through the use of dominant rninority voting wise without further action by e,ither pari.
rights. use of proxy voting, contractual arrantrements, or otherwise.
The fa!!owing paragraphs (c) thi., ugh (h.; apply only to negotiated
- 17. EMPLOY R ENTIFICATION NUMBER. ( App!hable only to advertaed sohE, 'S, IDcstatmns.) The oReror shall ansert in the apphes c) e Government may accept within the time specified therein, if he has no parent cora ny, his own Emp oyer's any effer (or part thereof, as provided in (c) above), whether or not there tre negotiations subsequent to its trecipt, tantess the offer is with, on the oRer form, ber (E.1. No.) (Federa Soc,al Secun,ty Num r i
Identificatmn hum used on Employer's Quarterly Federal Tax Return, U.S. Treasury drawn by written notice received b the Government prior to award.
If subsequent riegotiations are con ucted, they shall not constitute a Department Form 941), or, sf he has a parent company, the Emp oyer s rejrction er counter oRet on the part of the Government.
Identification Number of h,is parent company.
(f) The right is reserved to acerpt other than the lowest oRet and to reject any or all oRers.
- 18. CERTIFICATION OF INDEPENDENT PRICE DETERMIN AT)
(g) The Government may award a contract, based on initial oRers (a) I%is certincation on the oRet form is not applicable to a foreign received, without discuulon of such oRers Accordingly, each initial nReror submitting an oRer for a contract which requires performance effer should be submitted on the most favorabic terms from a price or deliscry outside the United States, its possessions, and Puerte Rico.
end technical seandpoint which the oReror can rubmit to the Govern *
(b) An oRer will not be considered for award where (a)(1), (t)(3).
(h) Any financial data submitted with ans oRer herrunder or anY or (b) of the certi6 cation has been deleted or modined. Where (
ment-rspresentstmn concerning facilities or financing will not form a part of the cert l6 cation h.: been deleted or roodined, the oRer will not t,c of any resulting contract; provided, however, that if the resulting roh-considered for award unless the oReror furnishee with the oRer a algned statement which sets forth in detail the circumstances of the disclosure tract conttins a clause providing for price reduction for defective cost and the head of the agency, or his designee, determines that such dia.
er pricing data, the conwact pnce will be subject to reduction if rest closure was not madr_for the purpose c'. restricting competition.
er pricing data furnished hereunder is incomph-mas curate, or not 19, ORDER OF PRECEDENCE. In the event of an inc n tency be current.
- 11. GOVERNMENT-FURNISHED PROPERTY. he insterial, labor, or f2cilitits will be furnished by the Governmeni unten otherwise pro-
- "(,P,',
',i',",' ice he folioIi g o derS (a) the.bhedu5c$ ib) 8
, de n
vided for en the solicitation.
3,y;ciistion Instructions and Conditions; (c) General Provisions; (d) other provisions of the contract,whether incorporated by reference or
- 12. LA;OR INFORMATION. General information regarding the re.
otherwire; and (e) the specifications.
quirements of the Walsh Healey Public Contracts Act (41 U.S.C.
ST ANDaRD F1)3 he 1bA B eck (#*v. t-78)
G u. s neee aeaeas enahas on.se ists-sse4erfeees
8 PART II 8.
LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHDRAWALS OF PROPOSALS (FFR l-3.802-2(b ))
(a)
Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is ~made,.and:
(1)
It was sent by registered or certified mail not later than -
the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th day of the month must have been mailed by the 15th or earlier);
(2)
It was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solcly to mishand-ling by the Government after receipt at the Government installation; (3)
It is the only proposal received; or (4)
It offers significant cost or technical advantages to the Government, and it is received before a determination of the competitive range has been made.
(b) Any modification of a proposal is subject to the same conditions as in (a) of this provision.
(c)
The only acceptable evidence to establishi (1) The date of mailing of a late proposal or modification sent either by registered or certified mail is the U. S. Postal Service postmark on both the envelope or wrapper and on the original receipt from the U. S.
Postal Service.
If neither postmark shows a legible date, the proposal or l
modification of proposal shall be deemed to have been nailed late.
(The term " postmark" means a printed, stamped, or otherwise placed impression (epclusive of a postage meter machine impression) that is readily identifi-able without further action as having been supplied and affixed on the date of mailing by employees of the U. S. Postal Service.
The re fore, o f fe ro rs should request the postal clerk to place a hand cancellation bull's-eye
" postmark" on both the receipt and the envelope or wrapper.)
(2) The time of receipt at the Government installation is the time-date stamp of such installation on the proposal wrapper or other docu-mentary evidence of receipt maintained by the installation.
-(d) Notwithstanding (a) and (b) of this provision, a late modification of an otherwise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(e)
Proposals may be withdrawn by written or telegraphic notice received l
at any time prior to award.
Proposals may be withdrawn in person by an offeror l
or his authorized representative, provided his identity is made known and he j
signs a receipt for the proposal prior to award.
l NOTE:
The term " telegram" includes mailgrams.
t t
.~.
~
9 Paragraph 10 (a) on page 2 of the SF-33A is hereby deleted.
Paragraph No.
19 on page 2 of the SF-33A is hereby deleted in its entirety..
1.
LEVEL OF EFFORT The NRC's estimate of the total of scientific, technical, and clerical effort for this project is approximately 103. man-days.
This information is advisory and is not to be considered as the sole basis for the development of your staffing plans.
You must detail how you intend to accomplish each objective covered herein.
2.
TYPE OF CONTRACT It is contemplated that a Fixed Price contract will be awarded; however, the Government reserves the right to negotiate and award whatever type contract is determined to be most appropriate.
In addi-tion to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected offeror's organization and type contract awarded.
Any additional clauses required by Public Law, Executive Order, or procurement regulations in effect at the time of execution of the proposed contract will be included.
3.
PERIOD OF PERFORMANCE /Sr.HEDULE The Government estimates that the work hereunder including preparation and submission of the final tapes, shall be completed within eight days.
4.
ACCEPTANCE PERIOD Because of the time required by the Government to evaluate proposals adequately, offerors are requested to specify a proposal acceptance period of not less than 30 days.
5.
ANTICIPATED AWARD DATE It is anticipated that an award under this solicitation shall be made by May 2, 1983.
6.
COST OF PROPOSAL PREPARATION This solicitation does not cormiit the Government to pay any cost for the preparation and submission of a proposal or for necessary studies or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein.
l
10 7.
INDIVIDUAL (S) AUTHORIZED TO NEGOTIATE The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Sumary and Data Sheet" (see Part IV, Attachment No. 4) which is to
.be submitted with each proposal.
Offerors are cautioned that the person signing the proposal must have the authority to commit the offeror.
8.
PROPOSAL
SUMMARY
AND DATA SHEET (See Part IV, Attachment No. 4)
A completed " Proposal Summary and Data Sheet" shall be submitted with each copy of the proposal.
9.
RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date, and the notation:
"D0 NOT OPEN IN MAIL ROOM." Also, include the RFP number in your cover letter and on each page of your proposal.
10.
AWARD NOTIFICATION All offerors will be notified of their selection or nonselection as soon as possible.
Formal notification of nonselection will not be made
~
until a contract has been awarded.
It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government (i.e, the NRC) to expenditure of public funds in connection with this procure-ment.
This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal < contractual commitments or otherwise bind, commit, or obligate the NRC contractually.
l Informal contractual commitments include such actions as:
enco'uraging a potential contractor to incur costs prior to a.
~
receiving a contract, i
f b.
requesting or requiring a contractor to make changes under a contract without formal contract modifications, encouraging a contractor to incur costs under a cost-reimbursable c.
contract in excess of those costs contractually allowable, and
~
~
e
11 d.
committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.
11.
DISPOSITION OF PROPOSALS After award of contract, two (2) copies of each unsuccessful proyosal will be retained by NRC's Division of Contracts and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed.
This notification should appear in any cover letter accompanying the proposal.
12, NOTICE OF PROPRIETARY INFORMATION a.
Notice of Proprietary Information - Offerors are advised that those portions of the Proposal which are considered to be propri-etary shall be so identified.
In the event the offeror fails to indicate on the title page and each sheet of the proposal what portions of the proposal are proprietary, the NPC assumes no liability for disclosure or use of unmarked technical data and may use or disclose such data for any purpose.
The clause set forth in paragraphs b. and c., below, should be utilized by the offeror in marking his proposal.
b.
Use and Discl.osure of Data - Freedom of Information Act Requests "This data shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposait provided that if a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the contract.
This restriction does not limit the Government's right to use 1.nformation contained in the data if it is obtainable from another source without restriction.
The data subject to this restriction is contained in sheets Our failure to mark the proposal with a legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that the contents of the Technical Proposal may be released, disseminated, or otherwise disclosed by the NRC pursuant to a Freedom of Information Act request."
Moreover, each sheet for which the offeror desires to restrict c.
disclosure shall be marked with the followino legend:
"Use or disclosure of proposal data is subject to the restriction on the title page of this proposal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom of Information Act."
12 13 BUSINESS MANAGEMENT REQUIREMENTS 0
i a.
Cost Proposal Format The offeror should utilize the Optional Form 60. Contract Pricing Proposal (Research and Development), in submitting the Cost Proposal. Offerors may, however, submit the necessary information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost information.
In either instance, the information furnished shall include pertinent details sufficient to show the elements of cost upon which'the total cost is predicated.
Cost will be evaluated on reasonableness, validity, and reli-ability.
h, Manpower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror.
If any of the personnel are under commitment, describe the terms of the commit-ment (s).
Note specifically the personnel that will be on board subject to a contract award.
c.
Consultants Explain the need for consultant services.
List proposed consultants if known by name.
For each list show (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Government, d.
Subcontractors If the offeror plans to subcontract any of the work to be performed, list proposed subcontractors if known by name.
Provi_de a detailed breakdown of specific work to be subcontracted and the approximate cost involved.
- e. Labor Surplus Area Program Requirements In keeping with the Federal Labor Surplus Area Program, the offeror is required to provide information on the general economic conditions of the area in which subcontractors are located, exact location of sub-contractors (state, city, county), and the unemployment rate for the area, if known,
- f. Additional Facilities or Property In the event the offeror contemplates acquiring additional facilities or property in the performance of this work, such facilities or prop-erty shall be separately identified.
- g. Other Contractual Comitments The offeror shall list any comitments with other organizations, Governmental or private, and indicate whether these conmitments will or will not interfere with the completion of work and services contemplated under this proposal.
13 h.
Delivery Schedule This is an urgent requirement and the delivery schedule is critical.
Discuss any difficulties which may be encountered in the adherence of the required dates for delivery.
- 14. CONTRACT AWARD AND EVALUATION OF PROPOSALS a.
Award will be made to the offeror whose proposal contains the lowest cost to the Government and the delivery schedule which allows for completion of the work within the required time frame. Additionally, the offeror must be considered to be responsible within the meaning of Federal Procurement Regula-tion 1-1.12.
To be selected for an award, the proposed price must be realistic and reasonable.
b.
The Government reserves the right without qualification, to accept or reject ani or all proposals, to negotiate with any and all proposers regardless of the terms of the original proposal, and to request addi-tional clarifying information either through written information or through conference with the proposers. All proposers are notified that award may be made without discussion of proposals and, therefore, proposals should be submitted initially on the most favorable terms.
e e
I l
l
It CG. [al Cf t) n'.16.101
. CONTINUATION SHEET RS-oRF;-8 3 -46 0 14 a 5 * 'c
^ " * "
'o" p ro.,so(
- 4AAel. Oi Osta soe t a COH1aAC10a
'I Central Data Processing, Inc.
lit.M NO.
surrtits/st aveCIS CU A NTITY UNif UNif Psic AMOUNT Part 011 - Contr' ct Schedule a
Article I - Supplies / Services / Prices The contractor shall previde keypunching services for the hard copy conversion of prefiled
~
testimony onto 9-track magnetic tape for the incorporation into the Lexis Private Librar-y as specified in Article II, Description /
Specifications.
0001 Keypunching onto 9-track magnetic tapes 2000 pgs. S1.875 S3,750.00 0002 10-12" Diameter 1600BPI 9-track magnetic tape 3
ea.
No Charge 0003 Transportation charges I
lot No Charge 4
3
[108 e U.1 COvDN M E NT PR rWTDG OFFICE : 1915 O. St e+ 641
15 ARTICLE II - DESCRIPTION / SPECIFICATIONS A.
Work Requirements The contractor shall provide personnel, services material and equipment to complete the following requirements; The contractor shall convert from hard copy prefiled testimony of the Indian Point Hearing for inclusion in NRC Lexis Private Library.
The contractor shall keypunch approximately 2000 pages of edited prefiled testimony on 1600 BPI 9-track magnetic tape in the format as shown on the cover sheet preceeding each document.
Each document exclusive of its cover sheet is one segment of data.
A sample document is included herein as Attachment 2.
All data entry must conform to the data preparation specifications attached herewith as Attachment 3.
i Only one short page is permitted per segment, which shall be at the end of the document.
Entry shall be done continuously by including each page number as a line entry.
B.
Document and Delivery Pick-Up The contractor shall pick up the documents for processing in two batches.
The first batch shall be ready for pick up at the time of award. The second batch shall be picked up on notice from the NRC project officer, but not later than May 4, 1983 at 11:00 a.m.
The first batch will contain up to 1500 pages and the second batch the balance a
number of pages.
All documents shall be picked up from USNRC, 4350 East West' Highway, Room 426, Bethesda, Maryland.
Materf als and specific instructions will be numbered and recorded by.the NRC project officer and signed for and dated by the contractor representative at the time the work is picked up.
Delivery of the then completed magnetic tapes is required by the Government on the following dates:
May 4, 1983 t
May 6, 1983 May 10, 1983 The contractor shall contact Mead Data Central at (513) 859-1611, extension 7854 in order to receive a batch number for each tape being shipped l
prior to shipment. When the call is made, the contractor shall provide the following:
l l
l l
~
1.
User Organization:
NRCIP 2.
What is being sent:
Tape 3.
No. of documents within each tape 4.
Ident.ification of the file into which the tape will be incorporated.
(as identified by the NRC P0).
. Additionally.the contractor shall complete a mag tape batch form (to be provided by the project officer at time of award).
Each completed tape must be accompanied with a support document indicating the document title and number, date completed, and any other pertinent data indicated by the project officer.
The original hardcopy documents and a copy of the support document shall be forwarded to the NRC project officer at the following address:
U.S. Nuclear Regulatory Commission Atomic Safety Licensing Board Panel y
Attn:
Mr. Charles Fitti Washington, DC 20555 The contractor is to ship by the most economical means that will insure delivery by the date required by the Government.
Prepay and add shipping charges as a separate item to invoice.
Insurance charges in connection with transportation of the supplies hereunder shall not be reimbursed by the Government.
- . ~.. -_ - -
The items required hereunder shall be delivered by the contractor to o
the following address:
Delivery Method -
Express Mail Other Overnight Express Technical Services Technical Services c/o Private Library Services c/o Private Library Services Mead Data Central Mead Data Central P.O. Box 933 933 Springbord Pike Dayton, OH 45401 Miamisburg, OH 45342 C.
Offeror's proposed delivery schedule (to be completed by the offeror)
Delivery will be made on the following schedule:
All work to be completed by May 10, 1983 All services shall have been rendered and final delivery made by May 10, 1983 D.
Liquid 3ted Damages If the contractor fails to make final delivery by May 10, 1983, the contractor shall grant a credit to the Government for each day of delayed delivery in the amount of $150.00 per day up to a maximum of $1500.00.
No credit shall accrue to the Government for those delays beyond May 10, 1983 which are created through fault of the Government.
F
\\
17 i
ARTICLE III - INSPECTION AND ACCEPTANCE A.
Prior to Delivery The Nuc' ear Regulatory Commission reserves the right to make periodic on-site inspections in accordance with the General Provision, entitled,
" Inspection."
It shall be expressly understood that such inspections shall not constitute acceptance by the Government of any part of the work, but shall be for the purpose of providing coordination and technical guidance in interpretation of technical requirements.
B.
After Delivery Inspection and preliminary acceptance shall be made at the delivery destination by the Mead Data personnel designated by the NRC project officer. However, the support documents will be compared with the records loaded into the system and verified before final acceptance of the completed services is made by the NRC project officer.
C.
Standard of Performance The hard copy documents must be keypunched in conformance with the descriptions specified in Article II as well as the Lexis format cover sheet and data preparation specifications provided as Attachment III.
D.
Accuracy It shall be the responsibility of the contractor to furnish tapes which accurately reflect the full and complete pre-filed testimony as' submitted by the NRC.
They must be of such quality as to insure against error and misinterpretation.
Where errors attributable to the contractor's performance appear in the tapes (i.e., those which change (or obscure the meaning of the testimony but not including typographical errors or misspelling, if the intended l
meaning is clearly evident, such as "thier" for "their" or "teh" for the "the" etc.), the Government may, at its option, reject the tapes, request correction of the tapes in accordance with General Provision Clause 5 entitled " Inspection" or tenninate subject contract in accordance with General Provision Clause 11 entitled, " Default."
E.
Date of Acceptance The tapes shall not be accepted and no charges shall be paid until the l
standard of performance is met.
The date of acceptance shall be determined by the Contracting Officer or the Contracting Officer's Authorized Representative.
F.
Daily Records 1
The NRC shall maintain appropriate daily records to satisfy the requirements of the section and shall notify the contractor in writing of the date that the standard of performance is met.
1 i
18 ARTICLE IV - PRESERVATION / PACKAGING / PACKING All materials delivered under this contract shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and/or damages due to hazards of shipment, handling, and storage. Such packing shall be accomplished in such a manner as to insure safe delivery at destination.
Article V - GOVERNMENT FURNISHED PROPERTY The contractor shall be provided with approximately 2000 segmented hard copy pages of prefiled testimony in two batches as specified in Article II, B.
Article VI - Total Amount of Contract The firm fi'xed price amount of this contract for the delivery and acceptance of the supplies stipulated in Article I is $ 3750.00 Article VII - Payment and Invoi'ce Requirements The contractor shall be paid upon submission of a proper and correct invoice or voucher.
Invoices shall be submitted in an original and 4 copies to the U. S. -
Nuclear Regulatory Commission, Division of Accounting and Finance, Office of Resource Management, ATTN:
GOV /COM ACCOUNTS SECTION, Washington, DC 20555.
To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
(1) Name of the business concern and invoice date.
(2)
Contract number or other authorization for delivery of property or services.
~
(3)
- r. scription price and quantity of property and services actually delivered or rendered.
(4)
Shipping and payment terms.
(5)
Name (shere practicable), t'itle, phone number, and complete mailing address.of responsible official to whom payment ~is to be sent.
(6)
Other substantiating documentation or information as required by the contract.
Additional provisions relating to payment are contained in Article 7 of the General Provisions, and Billing Instructions for Fixed Price Contracts (Attachment 3)
+
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i ARTICLE VIII TECHf1ICAL DIRECTI0ff A.
Performance of the work under this contract shall be subject to the tech-nical direction of the HRC Project Officer named in ARTICLE IX of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which shif ts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-
)
tractual scope of work.
i 2.
Providing assistance to the contractor in the preparation of drawings, i
specifications or technical portions of the work description.
d 3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.
ARTICLE IX - PROJECT OFFICER Charles Fitti is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract.
The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract; or issue any unilateral directive whatever.
i l
The Project Officer is responsible for:
(1-) monitoring the c6ntractor's technical l
progress, including surveillance and assessment of performance, and recommending i
to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing, technical l
inspections and acceptances required by this contract; and (5) assisting the
20 co$ tractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs reouested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for supplies, services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms; conditions, or amounts cited in the contract.
For guidance from the Project Officer to the contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
Article X - Notice to the Government of Delays In' the event the contractor encounters difficulty in meeting performance require-
^
ments, or when he anticipates diff.iculty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge' that any actual or potential situation is delaying, or threatens to delay the timely perTormance -
of this contract, the contractor shall immediately notify the Contracting Officer-and the Project Officer in writing, giving. pertinent, details; provided, howev'er, that this date be informational only in character and that this provision shall -
not be construed as.a waiver by thd. Government of a'ny delay schedule, or date of any rights, or remedies provided by. law, or. under this contract.'
~~
~
Article XI - Service Contract Act Provisions A.
Service Contract Act Wage Determination and Fringe Benefits Each service employee employed in the performance of this contract by the~ contractor or any subcontractor shall be paid the minimum monetary wage and shall be furnished fringe benefits in accordance with the following U.S. Department of Labor Wage Determination which is attached hereto as Attachment 5.
Wage Determination Date 80 - 1294 R-8 3/2/83 78 - 384 R-6 8/4/82 B.
Working Conditions No part of the services covered by this Act will be performed in buildings or surroundings or under working conditions, provided by or under the control or supervision of the contractor or any subcontractor, which are unsanitary of hazardous or dangerous to the health of safety of service employees engaged to furnish the services.
21 4
C.
On the date a service employee commences work on any contract as a result this solicitation, the contractor or subcontractor will deliver to the employee a notice of the compensation required as a result of the award on a form prepared by the NRC or will post a notice of the required compensation in a prominent place at the worksite.
D.
The rates that would be paid by the NRC to the various classes of.
service employees performing under any resultant contract if Section 5341 or Section 5332 of Title 5, United States Code, were applicable is as i
follows:
.l Employee Title Hourly Wage Keypunch Operators
$5.74 1
S h
0 l
l i
l I
l i
22 ArticleXII - Type of Contract and General Provisions It is contemplated that a fixed price contract will be awarded.
In addition to the special provisions of the Request for Proposal, any resultant contract, shall be subject to the Fixed Price Supply General Provisions dated April, 1982 and the following additions:
1.
Payment Due Date (a)
Payments under this contract will be due on 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies) to the U. S. Nuclear Regulatory Commission, Division of Accounting and Finance, Office of Resource Management, ATIN:
GOV /COM ACCOUNTS SECTION, Washington, DC 20555.
(2) The date the supplies are accepted by the Government.
('b)
For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur "30" calendar days after the date of delivery of the supplies in accordance with the terms of the contract.
(c)
If the supplies are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise the provisions in paragraph (b) of-this cl.ause will. apply to the new delivery of replacement supplies.
(d) The date of the check issued in payment shall be considered to be the date payment is made.
- 2. Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment to contractors interest on overdue payments and improperly taken discounts.
(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.
a 23 s
3.
SERVICE CONTRACT ACT OF 1965, AS AMENDED '
5 (41 U.S.C. 351, er seg.)
(Revised text ' showing in italica new or amended language provided by Public Law 92-473, as enacted Octo-ber 9,1972, and in bold face new or arnended language provided by Public Law 94-489, as enacted October 13, 1976.)
AN ACT To provide labor standards for certain persons ernployed by Federal contractors to furnish services to Federst agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the '.'Sersice Contract Act of 1965".
Src. 2. (a) Every contract (and any bid covers any such service employees, to be pro-specification therefor) entered into by the vided for in such agreement, including pro-United States or the District of Columbia in spective fringe benclit increases provided for excess of $2,500, except as provided in section in such agreement, as a result of arm's-length 7 of this Act, whether negotiated or advertised, negotiations. Such fringe benefits shall in.
the principal purpose of which is to furnish clude medical or hospital care, pensions on services in the United States through the use retirement or death, compensation for in-of service employees shall contain the follow-juries or illness resulting from occupational activity, or insurance to provide any of the ing:
f regoing, unemployment benefits, life in-(1) A provision specifying the minimum surance, disability and s,ckness insurance, i
monetary wages to be paid the various accident insurance, vacation and holiday pay, classee of service employees in the perform-costs of apprenticeship or other similar pro-ance of the contract or any subcontract grams and other bona fide fringe benefits not thereunder, as determined by the Secretary, therwise required by Federal, State, or local or his authorized representative, in accord-law to be provided by the contractor or sub-ance with prevailing rates for such employ-c ntractor. The obligation under this sub-ees in the locality, or, tchere a collective bar.
paragraph may be discharged by furmshing gaining agreement covers any such service any equivalent c mb, nations of fringe bene-i employees, in accordance _with the rates for tits or by making equivalent or differential such employees provided for in such agree-payments in cash under rules and regulations ment, including prospective wage increases established by the Secretary.
provided for in such agreement as a result of arm's-length negotiations. In no case shall (3) A provision that.no part of the serv-such wages be lower than the minimum speci-ices covered by this Act will be performed in fed in subsection (b)-
buildings or surroundings or under working (2) A provision specifying the fringe conditions, provided by or under the control benefits to be furnished the various classes or supervision of the contractor or any sub-contractor, which are unsanitary or hazar-of service employees, engaged in ille per.
dous or dangerous to the health or safety of formance of the contract or any subcontract thereunder, 'as determined by the Secretary service employees engaged to furnish the services.
or his authorized representative to be pre.
vailing for,such employees in the Ic ality, (4) A provision that on the date a service or, where a collective-bargatnsng agreement employee commences work on a contract to which this Act apolies, the contractor or i ran, u. n.in. n soi. seu....,~,,oa 6,r e t.
subcontractor will deliver to the employee a nan. u sut. ns : s, r.,6u, t..
u.st. n si.e.. :..
6, ran, t,.
- w. u si.i. assa.
not. ice of the compensat. ion required under U.S. DEPARTMENT OF L ABOR paragraphs (1) and (2) of this subsection, Ernployrnent Standuds Administradon on a form prepared by the Federal agency, Wade and Hour Division i
WH Publication 1146 (Revised July 1978) s
'\\
o n.
- 4 e-5 Scrrice dentreet Act r
cr will post a notice of th? requirzd compen-subject upon written notice to cancellation by sation in a prominent place at the worksite.
the contracting agency. Whereupon, the United O'*
- Y'"'I"I**'h*"U**'"
(S) A statement of the rates that would rangements for the completion of the original be paid by the Fedcral agency to the various e ntract, charging any addit,onal cost to the i
classes of service employees if section 5341
- "E'"**"**'*
~or section S$32 of title 5, United Stahs Code,
.wcre applicable to them. The Secrelay shall SEc. 4. (a) Sections 4 and 5 of the Act of give due consideration to 'such rates in mak.
June 30,1936 (49 Stat. 2036), as amended, ing the wagc and fringe beneft dc!ermina.
shall govern the Secretary's authority to en-tions spceifed in this sectiori.
force this Act, make ' rules, regulations, issue orders, hold hearings, and make decisions (b)(1) No contracter wh'o e3ters inw any based upon imdings of fact, and take other contract with the Federal Governmert the appropriate action hereunder.
principal purpose of whicn m te furmo serv-ices through the use of service empi es and (b) The Secretary may provide such rea-no subcontractor thercu. ier shall } a any of sonable limitations and may make such rules his employees engaged i,'tperformi:g work on and regulations allowing reasonable varia-such contracts less t}.an the minimum wage tions, tolerances, and exemptions to and from specified under section G(a) (1) of the Fair any or all provisions of this Act (other than Labor Standards Act of 1938, as amended i52 section 10), but only in special circumstances Stat.1060: 29 U.S.C. 201, et seq.).
where he determines that such limitation,
~
a variation, tolerance, or exemption is necessary (2) The provisions of sections 3, 4, arad 5 and proper in the public interest or to avoid of this Act shall be applicable to violations of the serious impairment ' of government busi-this subsection.
nen, and is in accord with the remedial pur-SEc. 3. (a) Any violation of any of the con-pose of this Act to protect prevailing labor tract stipulations required by section 2(a) (1) sta ndards.
or (2) or of section 2(b) of this Act shall (c) No contractor' or subcontractor under a render the party responsible therefor liable for contract, ufhich succceds a contract subject to a sum equal to the amount of any deductions, this Act and under which substantially the rebates, refunds, or underpayment of compen-same services are furnished, shall pay any serv-sation due to any employee engaged in the per-ice employec under such contract less than the formance of such contract. So much of the ac-wages and fringe benef ts, including accrued crued payment due on the contract or any other wages and fringe benefts, and any prospec-contract between the same contractor and the tire increases in wages and fringe benefts Federal Government may be withheld as is provided for in a collective-bargaining agree-necessary to pay such employees. Such with-ment as a result of arm's-length negotiations, held sums shall be held in a deposit fund. On to which such service employees would have order of the Secretary, any compensation which been entitled if they were employed under the the head of the Federal agency or the Secre-predecessor contract: Provided That in any tary has found to be due pursuant to this Act of the foregoing circumstances such obliga-shall be paid directly to the underpaid employ-tions shall not apply if the Secretary fnds after ees from any accrued payments withheld under hearing in accordance with regulations a
this Act.
adopted by the Secretary that such wages and (b) In accordance with regulations pre.
frinac benefts are substantially at va riance scribed pursuant to section 4 of this Act, the with those which prevail for scrrices of a char.
Federal agency head or the Secretary is hereby acter similar in the locality, authorized to carry out the provisions of this (d) Subject to lir.sitations in annual appro--
priation Acts but notwithstanding any other (c) In addition, when a violation is found provision of law, contracts to which this Act of any contract stipulation, the contract is applies may, if authorized by the Secretary.
~.
m, e u..mmtr7ist 25 he far any term ef years nri cicceding fve, if nti includ2 eny fringe ben: fit prym2nts etm-e:ch sucA contreet provides for the periodic puted hereunder which cre excluded from thz ndjustment of wages and fringc benefts pur-regular rate under the Fair labor Standards
~
suant to future determinations, issued in the Act by provisions of section 7(d) thereof.
manner prescribcd in section 2 of this Act no SEc. 7. This Act shall not apply to-less oficn than once every two years dursng the u.
term of the contract, covering the vadous (1) any contract of the United States classes of service employees.
or District of Columbia for construction.
alteration and or repair, including paint-SEC. 5. (a) The Comptroller General is di.
Ing and decorating of public buildings or.
rected to distribute a list to all, agencies of the public works; Government giving the names of persons or firms that the Federal agencies or the Secre-(2) any work required to be done in tary have found to have violated this Act. Un-accordance with the provisions of the less.the Secretary otherwise recommends be-Walsh.liealey Public Contracts Act (49 cause of unusual circumstances, no contract of Stat. 2036) :
the United States shall be awarded to the per-(3) any contract for the carriage of sons or firms appearing on this list or to any freight or personnel by vessel, airplane, firm, corporation, partnership, or association in bus, truck, express, railway line or oil or which such persons or firms have a substantial gas pipeline where published tariff rates interest until three years have elapsed from are in effect:
the date of publication of the list containing the name of such persons or firms. Where the (4) any contract for the furnishing of Secretary does not otherwisc recommend be-services by radio, telephone, telegraph, or cause of unusual circumstances, he shall, not cable companies, subject to the Commur.l-later than ninety days after a hearing czam-cations Act of 1934:
iner has made a fnding of a violation of this (5) any contract for public utility serv.
Act, forward to the Comptroller General the ices, including electric light and power.
o name of the individual or frm found to have wate'. steam, and gas; violated the provisions of this Act..
~
(6) any employment contract provid.ing (b) If the accrued payments withheld under for direct services to a Federal agency by l
the terms of the contract are insufficient to re-an individual or individuals; and imburse all service employees with respect t (7) any contract with the Post Office whom there has been a failure to pay the com-Department, the prmespal purpose of i.
pensat. ion required pursuant to th.is Act, the United States may bring action against the which is the operation of postal contract
- * ^ " *
- contractor, subcontractor, or any sureties in any court of competent jurisdiction to recover SEC. 8. For the purposes of this Act-the remaining amount of underpayments. Any (a) " Secretary" means Secretary of Labor.
sums thus recovered by the United States shall (b) The term " service employee" means any be held in the deposit fund and shall be paid, person engaged in the performance of a con-on order of the Secretary, directly to the under-tract entered into by the tinited States and not paid employee or employees. Any sum not paid exempted under section 7. whether negotiated ~
to an employee because of inability to do so or advertised, the principal purpose of which is l
within three years shall'be covered into the to furnish sersices in the 11nited States (other l
Treasury of the United States as miscellaneous than any person employed in a bona fide execu-l receipts.
tive, administrative, or professional capacity, i~
Src. 6. In determining any overtime pay to as thooc terms are defined in part 541 of title l
which such service employees are entitled
- 29. Code of Federal Regulations, as of July 30 L
under any Federal law, the regular or basic 1976, and any subsequent revision of those hourly rate of pay of such an employee shall regulations); and shall include all such persons p
~.
9 Scu. rice Contract Act regardieu cf cny contrzctual r'lationship thut dricrminntions with respect to at lenal the fol-may be clieged to exist between a centracter er lowing contracts subject to this Act which arc subcontractor and such perums, entered into'during the applicahic fiscal year:
(c) The term "compensatson" means any of (1) For the fscal year ending June 30.1973, the payments or (ringc bcnclits described in all contracts under which more than twenty-section 2 of this Act.
fvc service employers aue to be employed.
(d) The term " United States" when used in (2) For the fscal year ending June 30,1n74.
~ '.a geographical sense shall incl,ude any State of all contracts, under which morc than twenty the United States, the District of Columbia, service employecs are to be employed.
Puerto Rico, the ' Virgin Islands',' Outei Conti-I #) I ' 'h " !I*' I F#"' '"d'."8 #""# #"* # # ##
- nental Shelf lands as defined in the Outer Con-oil e nirects undu u hich more than pftun tinental Shelf Lands Act, American Samoa, sun'cr empI yns an to Isc employed.
Guam, Wake Island, Eniwetok Atoll, Kwaja-lein Atoll, Johnston Island, and Canton Island,'
(4) For the fiscal year ending June du.1976 but shall not include any other territory under all contracts under which more than ten serr-the jurisdiction of the United States or any ice employe.s are to be employed.
United States base or possession within a for-(.51 For the 6 scal ye.sr ending June JU.1977.
I' and for each pscal year there af ter. all contracta Stc. 9. This Act shall apply to all contracts under which murc than tire se rvice employces entered into pursuant to negotiations concluded are to be employed.
or invitations for bids issued on or after ninety days from the date of enactment of this Act.
Approved October 22. 196a. ( Pubh.c Law 89-286).
Sec.10. It is the intent of the Congress that Approved October 9.
1972 ( A mendments.
determnnatnons of minimum monctory wages pub,ic Law 92_4,3).
and fringe benchts for the various classcs at
~
I service emplo~yces under the provisions of para-Approved October 13. 1976 ( Amendments.
Public Law.94-489).
graphs (1) and (2) of.section i should be mad, with respect to all contracts subicct to this Act, as soon as it is administratively frasible to do so. in any event, the Secretary shall make such
= c....
s.t. s.se.a u v.u. s. n.s.
u,...
se Legislative History (Public Law 89 286) :
House Report No.948 (Comm. on Education & Labor).
Senate Report No. 798 (Comm.on Labor & Public Welfare).
Congressional Record, ol.111 (1965) :
Sept. 20. Considered and passed House.
Oct.1, Considered and passed Senate, amended.
~
Oct. G. House concurred in Senate amendment.
Legislative History (Public Law 92-473) :
House Report No. 92-1251 (Comm. on Education and Labor).
Senate Report No. 92-1131 (Comm. on Labor and Public Welfare).
Congressional Record. Vol. 118 (1972):
Aug. 7, considered and passed House.
Sept.19, considered and passed Senate, amended.
Sept. 27. House concurred in Senate amendments.
Legislative History (Public Law 94-489) :
House Report No. 94-1571 (Comm.on Education and Labor).
Congressional Record, Vol. 122 (1976):
Sept. 21, considered and passed House.
l Sept. 30, considered and passed Senate.
.y, L
27 Part IV - List of Attachments Conflict of Interest
- Attachment 1 Sample Document
- Attachment 2 Data Preparation Specifications
- Attachment 3 Data Proposal and Summary Sheet
- Attachment 4 Service Contract Act Wage Determination - Attachment 5 Optional Form 60
- Attachment 6 1
e
/ Attachment 1 o
PART 20-1 -- GENERAL ~
Subpart 20-1.54--Contractor' Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
~
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.
20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award..
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14)
~
520-l.5401 Scope and Policy (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Corm 11ssion to avoid, eliminate or neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest detenninations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as l
to satisfy the overall public interest.
It is not possible to prescri,be in advance a specific method or set of criteria which would serve to l
identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is:
Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,,
or where it may have an unfair competitive advantage?
(c)
The conflict of interest rule contained in this subpart applies to-contractors and offerors only.
Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC i
3 7590-01
~
agreements with other government agencies, international ' rganizations, o
. or state, local or foreign governments; separate. procedures for avoiding
, conflicts of interest will be employed in such agreements, as appropriate.
520-1.5kO2 Definitions
-(a) " Organizational' conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c)
- Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the fonnulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assistance in the preparation of program plans; arid preparation of preliminary designs, specifications, or statements of work.
(e') " Contract" means any contract, agreement, or other arrangement c
I with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, firm, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of
~
each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)).
.(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for t
supplies and subcontracts in amounts of $10,000 or less.
l (i) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or i
affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, l
submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
l 2
l '
e 7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The tem " potential conflict of interest" is used to signify those situations which. merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be. reported to the contracting officer for investigation if they arise during contract perfomance.
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.
Two questions will be asked in detemining whether actual or potential organization.1 conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's j' dgment in u
relation to its work for the NRC?
(2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perfomed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b) Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same area to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on.'
the same or similar matter in which it is also providing assistance to 1
}
any organization regulated by the NRC.
I (iii) Where the offeror or contractor evaluates its own products or j
services, or the products or services of another entity where the offeror or contractor has been substantially. involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.,
O
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s 7590-01
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(2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Esamole.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidanca. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for,.
NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example.
The ABC Corp., in response to a RFP,' proposes to perform certain analyses of a reactor component which are unicue to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients.
None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP...
e i
4 7590-01 o
O Guidance.
An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.
An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example.
As a result of operating problems in a certain type of comercial nuclear facility,- it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to assure adequate safety protection of the public.
On'ly one manufacturer l
has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the l
reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its wor c for NRC.
.Since the nature of the work required is vitally important in tems of -
NRC's responsibilities and.no reasonable alternative exists, a waiver of i
the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example.
The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are imp'ortant to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes infomation to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available'to others.
Further,.the contract will stipulate that the contractor will inform the NRC contracting l
officer of all situations in which the information developed under the contract is proposed to be used.
l 1 l
__._m.,_7_
,.._....,c
7590-01 (5)
Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and 5 20-1.540.i(b)(1)(i), ABC Corp. infonns the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but'none of the sites are within the geographic area contemplated by the NRC study.
Guidance.
The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.
The work for others clause of 5 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could create a conflict of interest.
(d)
Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to as'sist' the NRC entracting officer ir. fetermining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services o.r activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in tae resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, a statement of the type required by the organizational conflicts of
' interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
- L'
.~__ _
7590-01'
.s ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR'S 20-1.5403(b)(1).
(c)
Instructions to offerors.
The following shall be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR c
5 20-1.5403(b)(1) are involved, or the contracting officer otherwise
~
determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.
If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by '520-1.S404(c), shall result in disqualification of the offeror for award.
The nondisclosure or misrepresentation ~of any relevant interest may also result in the disqualification.of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the l
resulting contract may be terminated.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other l
remedial actions provided by law or the resulting contract.
l l
(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the.-
NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
(e)
The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offercr will be perTnitted to correct the omission.
5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause,
U 7590-01 All contracts of the types set forth in i 20-1.5404(b) shall include the following clauses:
(a)
Purpose.
The primary purpose, of this clause is to aid in (1) Is not placed in a conflicting role ensuring that the contractor:
because of current or planned interest (financial, contractual, organizational, (2) or otherwise) which relate to the work under this contract, and does not obtain an unfair competitive advantage over other parties by j
virtue of its performance of this contract.
(b)
Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR i 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the tenn of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if If the any, under this contract abide by the provision of this clause.
contractor believes with respect to itself or any such employee that any proposed censultant or :ther 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.
l (d)
Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
The contractor agrees that if after award it discovers organizational I
(2) conflicts of interest with respect to this contract, it shall make an.-
immediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has tzken or proposes to take to avoid or mitigate such The NRC may, however, te~minate the contract for convenience r
conflicts.
if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in 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 cohtractor agrees not to: (1) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based
-H-
7590-01 c
on such information for a period of six (6) months after either the completion of this contract or the release of such infonnation to the public, whichever. is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior. written approval by the contracting officer unless such information has previously been released to the public by the NRC.*
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974.(Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have,-subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the
. contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the abeve proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from l
subsequent contractual efforts, and pursue other remedies as may be l
permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in i20-1.5411.
520-1.5405-2 Special contract provisions.
(a)
If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer I
may determine that such conflict can be avoided or after obtaining a waiver in accordance with $20-1.5411, neutralized through th.e use of an appropriate special contract provision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:
_g_
7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)
Software exclusion clauses; (3) ' Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (1) in the clause set forth in: 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i)
Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contfactor
- shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by th'e~ contracting officer, in which case the restriction in'this subparagraph shall not l
apply.
(3)
Nothinginthisparagraphshallprecludethecontractorfrok offering or selling its standaro commercial items to the government.
l 5 20-1.5406 Evaluation, findings, and contract award l
The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) i and other relevant information.
After evaluating this information agains't the criteria of.: 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has oeen determined that conflicts of interest exist, then tne contracting officer shall eitner:
(a)
Disqualify tne offeror from award, I
-10
7590-01
.5 (b) Avoid or eliminate such conflicts by appropriate measures; or
~
(c) Award the contract under the waiver provision of 520-1.5411.-
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided.in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
i 520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with ! 20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 5 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
i 20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recomendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do.-
50.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval accuments shall be placed in the Public Document Room. I l
l i
i
.n- -, -
--...-..------,,------.-nn
a 7590-01 620-1.5412 Remedies In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subp3rt or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required
- to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinoton, D. C thi s 27th day of March 1979.
9 For the Nuclear Regulatory Commission 1
Cftuub bbk Samuel
. Chilk Secretary of the Commission l
6 l
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- ATTACHMENT 5
' 3. to 1 s L E I.O.
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NO'l:CE Of INILN t ION 10 l'.ASE-re. r, b 3 s 73 A SEM' ICE LCNii'ACT AND Rt SPCNSE TO NOTICE U.S. DEPl.i.TMDil 07 U,50R A
840645 E M n owt N, 5, Ar.:>a<oS (Su instruct lons on Rncuse)
ADMifd:ST k AllON
- 2. Estimated sot.c, tat.on date t o,e
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MAIL TO:
Mctth Cay Year f-
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1 04 22 83
- 3. Est;r.hted t'aie bia's or f.eoptisp's to 1,e stened or
$dm..irator e e g6at.ces begun t we mw. cts) mK Wage and Hour Disision Mc *st h Cay Year U.S. Deparinicni of La1.or 04 27 83 Eshington, D.C.
20210 C h ie t et r a ct pe rics er.a nt e t o b. gin t wee e wee e s el.8) 4.
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Dayton, Ohio Keypunching Services Arlington, VA Fairfax, VA E;-
Washington, DC D.
7.1748 C rd.* AliCri /..:OCT TIM O;Y A rdCE A. O Senices no.e performed by a B. O Senices now Perrenaed by r. ecrai
- c. O senices noi pes <ntly being cor,t r a c tor emp'op es i.ufonned F-E. If FOX A f r.' lie U 7 !S :. A ME D. CO MPL ET E 11 E M E AS ATP' 10ABLE
- a. Name and <dd.e s of i:.combent centractor
- b. Ntmber(s) of ar.y wage dettrmina:io[{s) in incur.. bent's contr;.ct L3 N/A N/A
- c. Name(s) of union (s) if services are being performed under collective bargain-RESPONSE TO NOTICE
- ing agrecrnent(s).1mportant: Attach copies of current applicable collective bar-(by Deportment of Lchor) gainmg agreements A.
The attached wage determination (s) l' ted below apply to procurement.,
N/A
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70 [
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DATE tion applicable to the 3pecified locality
[t.ltqu. M (g~4.g Y'~2d-83 and cl><ses of employees is in cfTret.
TYPE Oa PHINT feAut 1ELEPHordt NO.
C.
From information supplied, the Sen-Ellyce B. Miles 492-7125 ice contract Act does not spely (u<
- 12. T YPE oR r'RINT NAtAE AND llTL E or Pf RSON 10 WHou RE SPONSE IS TO BE SENT ArdD N AME citat/ rd cyp /cnation).
AliD ADCRESS OF DErARTMENT OR AGENCY. BUREAU. DiveSION, ETC.
D.
No: ice returned for additie.,alinfor-(~
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snation (> e citaci..-d c ;.l.:r:chn).
/
U.S. Nuclear Regulatory Commission m'#
Washington, DC 20555
- [ y // h g, g g, Division of Contracts
/
Attn:
E. B. Miles 3;g,,ed :
( L'.5. D,i.s ri.e a t ef L4 L.<r)
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A840645 Emp!oyment Ste idards Adininis:4 etion
- 12. Cin!.if S O! 5!KveCf it.'.FICill510 El !!.'.PIOYiD ON CONiR ACT
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B0683 U.S. DEPARTMENT OF LABOR OF000 page 1 of 4 EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVIStoN
-^
WASHINGTON, D.C. 20210 State: District of Columbia-Maryland-Virginia DC-MD-VA1 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT Area: Washington, D.C. Metropolitan Area
- By direction of the Secretary of Labor LOCALITY W. M. Otter Administrator idAR '
1983 Wage determination number:
80-1294 (Re v.=8)
Date:
Fringe ber.efit payments Class of service employee hourly Health &
Vacati n H I day Other wage welfare 1.
Accounting clerk I
$5.50 2.
Accounting clerk II 5.96 3.
Accounting clerk III 6.77 4.
Accounting clerk IV 7.82 5.
Computer data librarian 6.57 6.
Computer operator I 7.17 7.
Computer operator II 7.60 8.
Computer operator III 8.90 9.
Computer programmer I 9.79 1/
10.
Computer programmer II 10.58 T/
11.
Computer programmer III 12.16 T/
12.
Computer systems analyst I 9.51 T/
13.
Computer systems analyst II 12.03 T/
14.
Computer systems analyst III 13.90 T/
15.
Drafter II 6.36 ~
16.
Drafter III 7.64 17.
Drafter IV 8.88 18.
Drafter V 10.89 19.
File clerk I 4.59 20.
File clerk II 5.28 21.
File clerk III 6.76 22.
Key entry operator I 5.52 23.
Key entry operator II 6.29 24.
Librarian 8.94 25.
Librarian Technician 6.77
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.e US. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATloN page 2 of 4 WAGE AND Hour DIVISloN
- - - ~ - - - - - - - - - - - -
WASHINGTON D.C. 20210 State: District of Columbia-Maryland-Virginia.
DC-MD-VA-REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT Area: Washington, D.C. Metropolitan Area
- loc ALITY By direction of the Secretary of Labor W. M. Otter Administrator
.kpg2 ISB}
Wage determination riumber:
80-1294 (Rev.- 8)
Date.
Fringe benefit payments Class of service employee hourly Health &
Vacation Holiday Other wage Welfare 26.
Messenger
$5.80 27.
Order clerk I 5.99 28.
Order clerk II 6.19 29.
Payroll clerk 6.59 30.
Proof reader 6.28 31 Secretary I 6.97 32.
Secretary II 7.45 33.
Secretary III 8.22
/
34.
Secretary IV 8.94 35.
Secretary V 10.40 2
36 Stenographer 7.48 37.
Switchboard Operator
~
5.38 L
38.
Technical illustrator 9.16 39.
Technician II 9.16 40.
Technician III 11.24 41 Transcribing" Machine-Typist 7.80 42 Typist I.
5.74
~
43 Typist II 6.28 44.
Word processing specialist / operator 6.28 45.
Switchboard operator-receptionist 5.76 Fringe benefits applicable to classes of service employees engaged in contract performance:
2/
3/
4/
U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION Pa_ge_3 o f 4 WAGE AND HOUR DIVISloN
~
WASHINGTON. D.C. 20210 State: District of Columbia-Maryland-Virginia DC-MD-VA REGIS1 ER OF WAGE DETERMINATIONS UNDER Washington, DlC. Metropolitan Area
- Area:
THE SERVICE CONTRACT ACT Lo!.ALITY Dy direction of the Secretary of Labor W. M. Otter Administrator D' '-
wage determination riumber:
80-1294 ( Re v. - 8),
"9' E *Y * *"
Minimum Class of service employee hourly Health &
Vacation Holiday Other wage Welfare 1_/
Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See Section 4.156, 29 CFR Part 4.)
2_/
$.32 an hour or $12.80 a week or $55.46 a month.
-3/
2 weeks paid vacation after 1 year of service with a contractor or successor. Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 4.171(b) (2).)
4_/
9 paid holidays per year: New Year's Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanl:sgiving Day and Christmas Day.
(A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.)
l
- - ~. -
~.
Page 4 of 4 ti.s!!iEPARTMENT OF LABOR EMPLOYMENT STANoARe5 ADMINISTRATION dC-M5-VR WAGE AND Houll olVIStoM District of Columbia-Maryland-Virginia state:
WASHINGTON.D.C. 2021o REGISTER OF WAGE DETERMINATIONS UNDER Washington, D.C. Metropolitan Area
- Area:
THESERVICECONTRACT ACT LOCALITY i
By direction of the Secretary of Labor 1
oav
. MAR 2 rssJ Administrator, N.M.Ottar Wage determination number 80-1294 ( R ev.__g, Fringe benefit payments Minimum hourly Heagth &
Vacation H&iday Other Class of service employee wa9e Welfare but
. An.y class.of service employee required in the performance of the cont NOTE:
reasonable relationship between such classes and those listed herein, and (evidenced shall be paid such monetary wages as are determined by agreementin writing) agency, the contractor,.and the employees who will perform on the contractthe. question of In the absence of an agreement, or their representatives.
proper conformable wage rates is to be submitted to the Department of Labor (See Section 4 by the contracting officer for a final determination.
Regulations, 29 CFR Part 4).
This wage determination applies to:
District of Columbia Virginia -
Arlington (01.3), Fairfax (059), Loudoun (107), and Prince William (153)
Counties and the independent cities of Alexandria (201), Fairfax (267 and Falls Church (217).
Maryland - Counties of Calvert (009), Charles (017), Montgomery (031), and Prince Georges (033) e
App;ndix B.
Occupational DCscriptions 9
i I
d The primary purpose 'of preparing job descriptions for the Bureau's wage surveys is Performs varied clerical and secretarial duties requiring a knowledge of office routine
'to assist its field representatives in classifying into appropriate occupations workers and understanding of the organization, programs, and procedures related to the work of who ue employed under a variety of payroll titles and different work arrangements the supervisor.
from establishment to establishment and from area to area. This permits grouping of i
occupational wage rates representing comparable job content. Decause of this etaphasis Exclusions. Not all positions that are titled " secretary" possess the above characteristics.
1 on comparability of occupational content, the Bureau's job descriptions may differ Examples of positions which are excluded from the definition are as follows:
significantly from those in use in individual establishments or those prepared for other f
purposes. In applying these job descriptions, the Bureau's field representatives are a.
Posit. ions which do not meet the " personal" secretary concept desen. bed
. instructed to exclude working supervisors; apprentices; and part time, temporary, and above-protutionary workers. Ilandicapped workers whose carnings are reduced because of their handicap are also excluded. Learners, beginners, and trainees, unless specifically i,
included in the job description, are excluded.
b.
Stenographers not fully trained in secretarial-type duties; The titles and 2,3 or 4-digit codes below thejob titles in this appendix are taken from the 1980 edition of the Standard Occupational Classification Manual (SOC), issued by the Stenogr8phers serving as office assistants to.a group of profess.ional, U.S. Department of Commerce, Office of Federal Statistical Policy and Standards.
- * * * * * ' ' ' **"*8*N* P'" "U l
In general, the Bureau of Labor Statistics
- occupational descriptions are much more specific than those found in the SOC manual. The BLS occupation, " Registered f
Industrial Nurse," for example, is limited to workers providing medical assistance and d.
Assistant-type positions which entall more difficult or more responsible i
other related services (e.g., health education) to penons who are ill or becorne ill or technical, administrative, or supervisory duties which are not typical of suffer an injury in a factory or other establishment. The SOC occupation (code 29) secretarial work, e.g., Administrative Assistant, or Executive Assistant; includes a variety of registered nurses (e.g., school nurse, head nurse, general duty nurse, private nurse) that are excluded from the BLS description.
c.
Positions which do not fit any of the situations listed in the sections below Thus, in comparing the results of this survey with other sources, factors such as t tied " Level of Supervisor," e.g., secretary to the president of a company differences in occupational definitions and survey scope should be taken into consider-that employs, in s!!, over 5,000 persons; ction.
f.
Trainees.
Office SECRETARY Classification by level Secretary jobs which meet the required characteristics are (4622: Secretary) matched at one of five levels according to (a) the level of the secntary's supervisor Assigned as a personal secretary, normally to one individual. Maintains a close and within the company's organizational structure and, (b) the level of the secretary's highly responsive relationship to the day-to-day activities of the supervisor. Works responsibility.The tabulation following the explanations of these two factors indicates fairly independently receiving a minimum of detailed supervision and guidance.
the level of the secretary for each combination'of the factors.
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Secr;tary to the head, immediately bel;w tha corporati omc".r Isel, cf a c.
Lewto/Secrenry'sSupervisor(LS) major segment or subsidiary of a company th:t employs,in all, cver 25,00J persons.
LS-1 NOTE: The term " corporate omcer" used in the above LS definition refers to those Secretary to the supervisor or head of a small organizational unit (e.g.,
- officials who have a significant corporatewide policymaking role with regard to major a.
fewer than about 25 or 30 persons); or company activities. The title "vice president," though normally indicative of this role, b.
Secretary to a nonsupervisory staff specialist, professional employee, does not in all cases identify such positions. Vice presidents whose primary responsibih.
administrative officer or assistant, skilled technician or expert. (NOTE:
ty is to act personally on individual cases or transactions (e.g., approve or deny Many companics assign stenographers, rather than secretaries as described individual loan or credit actions; administer individual trust accounts; directly supervise above, to this level of supervisory or nonsupervisory worker.)
a clerical staff) are not considered to be " corporate officers" for purposes of applying the definition.
LS-2 Level ofSecretary's R esponsibility (LR)
!,1 Secretary to an executive or managerial person whose responsibility is not This factor evaluates the nature of the work relationship between the secretary and a.
equivalent to one of the specific level situations in the definition for LS-3, the supervisor, and the extent to which the secretary is capected to exercise initiative but whose organizational unit normally numbers at least several dozen employees and is usually divided into organizational segments which are and judgment. Secretaries should be matched at LR 1 or LR-2 described below
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3 often, in turn, further subdivided. In some companies, this level includes a according to their 1: vel of responsibility.
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wide range of organizational echelons; in others, only one or two; or
^ b.
Secretary to the head of an individual plant, factory, etc., (or other LR 1
(,
!l equivalent level of omcial) that employs, in all, fewer than 5,000 persons.
Performs varied accretarial dutica including or comparable to most of the
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l LS.3 Answers telephones, greets personal callers, and opens incoming mail.
h, a.
Secreta'Y.to the chairman of the board or president of a company that b.
Answers t:lephone requests which have standard answers. May reply to a.
employs, in all, fewer than 100 persons; or requests by sending a form letter.
i b.
Secretary to a corporate officer (other than chairman of the board or Reviews correspondence, memoranda, and reports prepared by others for 6
c.
president) of a company that employs, in all, over 100 but fewer than 5,000 the supervisor's signature to ensure procedural and typegraphical accura-persons; or Secretary to the head (immediately below the officer level) over either a d.
aintains supervisor's calendar and makes appointments as instructed.
c.
major corporatewide functional activity (e.g., marketing, research, oper-Types, takes and transcribes dictation, and files.
c.
ations, industrial relations, etc.) or a major geographic or organizational I
segment (e.g., a regional headquarters; a major division) of a company that LR-2 employs,in all, over 5,000 but fewer than 25,000 employees; or d.
Secretary to the head of an individual plant, factory, etc., (or other Performs duties described under LR-l and, in addition performs tasks requiring equivalent level of official) that employs, in all, over 5,000 persons; or greater judgment, initiative, and knowledge of office functions including or compara.
I.
Secretary to the head of a large and important organizational segment ble to most of the following:
c.
(e.g., a middle management supervisor of an organizational segment often Screens telephone and personal callers, determining which can be handled l
involving as many as several hundred persons) of a company that employs, s.
m all, over 25,000 persons.
by the supervisor's subordinates or other offices.
b.
Answers requests which require a detailed snowledge of office procedures LS-4 or collection of information from files or other offices. Afay sign routine correspondence in own or supervisor's name, e
Compiles or assists in compiling periodic reports on the basis of general Secretary to the chairman of the board or president of a company that c.
a.
instructions.
employs, in all, over 100 but fewer than 5,000 persons; or d.
Schedules tentative appointments without prior clearance. Assembles b.
Secretary to a corporate officer (other than the chairman of the board or president) of a company that employs, in all, over 5,000 but fewer than necessary background material for scheduled meetings. Makes arrange.
ments for meetings and conferences.
25,000 persons; or 28
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Emptins supervisor's requiriments to other empl;yees in supervisor's unit.
TYPIST c.
(Also types, takes dictition, and files )
(4624: Typist)
Uses 2 m:nual,(lectric, or cutomatic typewriter to type various materials. Included are automatic typewriters that are used only to record text and update and renroduce h',
The following tabulation shows the level of the secretary for each LS and LR combin: tion:
previously typed items from magnetic cards or tape. May include typing of st' ncils, e
i mats, or similar materials for use in duplicating processes. May do clerical work '
involving little special training, such as keeping simple records, filing records and l3 LR-1 LR.2 reports, or sorting and distributing incoming mail.
LS-1 '
I II
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LS-2 III Excluded from this definition is work that involves:
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LS.3 III IV l
LS-4 IV V
Typing directly from spoken material that has been recorded on disks,
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a.
cylinders, belts, tapes, or other similar media; s
b.
The use of varitype machines, composing equipment, or automatic equb STENOGRAPHER ment in preparing material for printing; and (4623: Stenographer) c.
Familiarity with specialized terminology in various keyboard commands to il rimary duty is to take dictation using shorthand, and to transcribe the dictation. May manipulate or edit the recorded text to accomplish revisions, or to perform d
r.lso type from written copy. May operate from a stenographic pool. May occasionally tasks such as extracting and listing items from the text, or transmitting text transcribe from voice recordings. (if primary duty is transcribing from recordings, see to other terminals, or using " sort" commands to have the machine reorder Transcribing. machine typist.)
material. Typically requires the use of automatic equipment which may be p
cither computer linked or have a programmable memory so that material NOTE:'this job is distinguished from that of a secretary in that a secretary normally can be organized in regularly used formats or preformed paragraphs which works as the principal ofnce assistant performing more responsible and discretionary can then be coded and stored for future use in letters or documents.
tasks.
l Typtst I St:nographer 1.
l'erf rms one or more of thefollowing: Copy typing from rough or clear drafts; or Takes cnd transcribes dictation under close supervision and detailed instructions.
T utine typing of forms, insurance policies, etc.; or setting up simple standard i
Msy maintain files, keep simple records, or perform other relatively routine clerical tabulations; or copying more complex tables already set up and spaced properly.
Lusks.
Typist 11
(- l Performs one or more ofthefollowing: Typing material in final form when it involves St:nographer 11.
Tckes cad transcribes dictation determ..mmg the most appropriate format. Performs combining material from several sources; or responsibility for correct spelling,
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stenographic duties requiring significar.tly greater independence and responsibility than syllabication, punctuation, etc., of technical or unusual words or foreign language
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Stenegr:pher I. Supervisor typically provides general instructions. Work requires a material; or planning laycut and typing of complicated statistical tables to maintain R
ti.orough working knowledge of general business and office procedures and of the unif rmity and balance in spacing. May type routine form letters, varying details to suit 1,;
a sgweine business operations, organizations, policies, procedures, files, workflow, etc.
circumstances.
Uses this knowledge in performing stenographic duties and responsible clerical tasks such cs m:intaining follow.up files; assembling material for reports, memoranda, and FILE CLERK letters; composing simple letters from general mstructions; readmg and routing (4696: File clerk) incoming mail; answering routine questions, etc.
Files, classifies. and retrieves maten. l.a m an established filing system. May perform S'
c!crical and manual tasks required to maintain files. Positions are classified into levels on
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the basispf the following definitions:
e TRANSCRIBING-MACHINE TYPIST
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(4623: Stenographer)
Flie Clerk I Prim:ry duty is to type copy of voice recorded dictation which does not involve Performs routine filing of material that has already been classified or which is easily f.
varied technical or specialized vocabulary such as that used in legal briefs or reports on classified in a simple serial classification system (e.g., alphabetical, chronological, or scientific research. May also type from written copy. May maintain files, keep simple numerical). As requested, locates readily available material in files and forwards k
records, or perform other relatively routine clerical tasks. (See Stenographer definition material; and may fill out withdrawal charge. May perform sirnple clerical and manual C
for workers involved with shorthand dictation.)
tasks required to maintain and service files.
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Exclude wrkers paid on e commission basis or whose duties include cny if thef Receiving crders for services r'ther than f?r material or rnerchin'dise; prsvid customers with consultative advice using knowledge gained fr:m engineering Flie Clerk 11 Sorts, codes, and files unclassified material by simple (subject matter) headings or extensive technical training; emphasizing selling skills; handling material or merchan-partly classified material by finct subheadings. Prepares simple related index and cross-reference sids. A dise as an integralpart of thejob.
material. May perform related clerical tasks required to maintain and service files, Positions are classified into le els according to the following definitions:
Order Clerk I Classifies and indexes file material such as correspondence, reports, technical llandles orders involving items which have readily identified uses and applicatio Flie Clerk 111 documents, etc.,in an established filing system containing a number of varied subject May refer to a catalog, manufacturer's manual, or similar document to insu matter files. May also file this material. May keep records of var'ous types inproper item is supplied or to verify price of ordered item.
i conjunction with the files. May lead a sma!I group of lower level file clerks.
. Order Clerk 11 llandles orders that involve making judgments such as choosing which specific MESSENGER product or material from the establishment's product lines will satisfy the c (4745: Messenger) Performs various routine duties such as running errands, operating minor office needs, or determining the price to be quoted when pricing involves more than me machines such as sealers or mailers, opening and distributing mail, and other minor referring to a price list or making some simpic mathematical calculations.
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clerical work. Eactude positions that require operation of a motor vehicle as a
- significant duty.
ACCOUNTING CLERK (4712: Dookkeeper and accounting and auditing clerk) Perform SWITCHBOARD OPERATOR balancing and reconciling accounts; verifying the internal consistency, completene (4732: Telephone operator)
Operates a telephone switchboard or console used with a private branch eachange and, athematical accuracy of accounting documents; assigning prescribed acc I
(PDX) system to relay incoming, outgoing, and intrasystem calls. May provide distribution codes; examining and verifying the clerical accuracy of various types of f m
information to callers, record and transmit messages, keep record of calls placed and reports, lists, calculations, postings, etc.; preparing journal vouchers; or making toll charges. Desides operating a telephore switchboard or console, may also type oror adjustments to accounts, perform routine clerical work (typing or routine clerical work may occupy the major Levels I and II require a basic knowledge of routine clerical methods and office j
portion of the worker's time, and is usually performed while at the switchboard or practices and procedures as they relate to the clerical processing arid recording j
3 console). Chief or lead operators in establishments employing more than one operator transactions and accounting information. Levels til and IV require a knowledge and are excluded. For an operator who also acts as a receptionist, see Switchboard operator-understanding of the established and standardized bookkeeping and accounting procc-o dures and techniques used in an accounting system, or a segrnent of an ac.:ounting receptionist, system, where there are few variations in the types of transactions handled. In add SWITCHBOARD OPERATOR-RECEPTIONIST some jobs at each level may require a basic knowledge and understanding of the l terminology, codes, and processes used in an automated accounting system.
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(4645: Receptionist)
At a single-position telephone switchboard or console, acts both as an operator-see Switchboard operator-and as a receptionist. Receptionist's work involves such duties f
Accounting Clerk i I
as greeting visitors; determining nature of visitor's business and providing appropriate Performs very simple and routine accounting c!erical operations, for example, information; referring visitor to appropriate person in the organization or contactingrecognizing and comparing easily identified num6 cts and codes on similar and that person by telephone and arranging an appointment; keeping a log of visitors.repetitive accounting documents, verifying mathematical accuracy, and identifyin discrepancies and bringing them to the supervisor's attention. Supervisor gives clear I
ORDER CLERK and detailed instructions for specific assignments. Employee refers to supervisor all matters not covered by instructions. Work is closely controlled and reviewed in detail (4664: Order cierk) Receives written or verbal customers' purchase orders for material or merchandise for accuracy, adequacy and adherence to instructions.
from customers or sales people. Work typically involves some combination of the Quoting prices; determining availability of ordered items and Accounting Clerk Il following duties:
suggesting substitutes when necessary; advising expected delivery date and method of Performs one or more routine accounting clerical operations, such as: Examining, dehvery; recording order and customer information on order sheets; checking orderverifying, and correcting accounting transactions to ensure completeness and accuracy sheets for accuracy and adequacy ofinformation recorded; ascertaining credit rating of of data and proper identification of accounts, and checking that expenditures will not customer; furnishing custcmer with acknowledgment of receipt of order; following up exceed obligations in specified accounts; totaling, balancing, and reconciling collection to see that order is delivered by the specified date or to let customer know of a delay in vouchers; posting data to transaction sheets where employee identifies prope accounts delivery; maintaining order file; checking shipping invoice against original order.
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'v and items to be posted; and coding documenta in accord:ne with a chart (listing) c f computer process:ng. W:rk requires skill in operating an alphanumeric keyboard and accounts. Empl:yee fallows specific and detailed acc unting procedures. Completed en understanding cf transcribing procedures and r;ltvant data entry equipment.
work is reviewed for accuracy and compliance with procedures.
Positions are classified into levels on the basis of the following definitions:
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'. k Accounting Clerk lil Key Entry Operator i Uses a knowledge of double entry bookkeeping in performing one or more of the Work is routine and repetitive. Under close supervision or following specific. -
foll: wing: Posts actions tojournals, identifying subsidiary accounts alTected and debit procedures or detailed instructions, works from various standardized source documents and credit entries to be made and assigning proper codes; reviews computer printouts which have been coded and require little or no selecting, coding, or interpreting of data egainst manually maintained journals, detecting and correcting erroneous postings, and to be entered. Refers to supervisor problems arising from erroneous items, codes, or preparing documents to adjust accounting classifications and other data; or reviews lists missing information.
cf transactions rejected by an automated system, determining reasons for rejections, and preparing necessary ccrrecting material. On routine assignments, employee selects and Key Entry Operator ll cpplies established procedures and techniques. Detailed instructions are provided for Work requires the application of experience and judgment in selecting procedures to difficult or unusual assignments. Completed work and methods used are reviewed for be followed and in searching for, interpreting, selecting, or coding items to be entered 4
technic:] accuracy.
from a variety of source documents. On occasion may also perform routine work as described forlevelI.
Main ns J als or subsidiary ledgers of an accounting system and balances and NOTE: Excluded are operators above level II using the key entry controls to access, i
reconciles accounts. Typical duties tnclude one or both of the following: Reviews read, and evaluate the substance of specific records to take substantive actions, or to
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mvoices and statements (verifying mformation, ensuring sufficient funds have been make entries requiring a similar level of knowledge.
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obligited, and if questionable, resolving with the submitting unit, determining accounts involved, coding transactions, and processing material through data processing for rpplic: tion in the accounting system); and/or analyzes and reconciles computer Professional and Technical T
printouts with operating unit reporte (contacting units and researching causes of y
discrepincies, and taking action to ensure that accounts balance). Employee resolves COMPUTER SYSTEMS ANALYST, BUSINESS C
problems in recurring assignments in accordance with previous training and exiserience.
(1712: Computer systems analyst)
Supervisor provides suggestions for handling unusual or nonrecurring transactions, Analyzes business problems to formulate procedures for solving them by use of Conformance with requirements and technical soundness of completed work are electronic data processing equipment. Develops a complete description of all specifica-reviewed by the supervisor or are controlled by rnechamsms built into the accountmg tions needed to enable programmers to prepare required digital computer programs.
Work involves most of the following: Analyzes subject. matter operations to be system.
automated and identifies conditions and criteria required to achieve satisfactory results; g
NOTE: Excluded from level IV are positions responsible for maintaining either a specifies number and types of records, files, and documents to be used; outlines actions
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genert! ! edger or a general ledger in combination with subsidiary accounts.
to be performed by personnel and computers in sufficient detail for presentation to management and for programming (typically this involves preparation of work and g
PAYROLL CLERK data flow charts); coordinates the development of test problems and participates in trial g
(4713: Payroll ar..! timekeeping clerk) runs of new and revised systems; and recommends equipment changes to obtain more
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f P:rforms the clerical tasks necessary to process payrolls and to maintam payroll effective overall operations. (NOTE: Workers performing both systems analysis and.
records. Work involves marr of thefollowing: Processing workers' time or production programming should be classified as systems analysts if this is the skill used to determine l?
i their pay.)
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records; adjusting workers' records for changes in wage rates, supplementary benefits, Does not include employees primarily responsible for the management or supervision I
or tax deductions; editing payroll listings against source records; tracing and correcting of other electronic data processing employees, or systems analysts primarily concerned i
errors in hstings; and assisting in preparation of periodic summary payroll reports. In a with scientific or engineering problems.
nonautomated payroll system, computes wages. Work may require a practical knowl-For wage study purposes, systems analysts are classified as follows:
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cdgn of governmental regulations, company payroll policy, or the computer system for l".
processing payrolls.
Computer Systems Analyst i
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KEY ENTRY OPERATOR Works under immediate supervision, carrying out analyses as assigned, usually of a p
(4793: Data entry keyer) single activity. Assignments are designed to develop and expand practical experience in the application of procedures and skills required for systems analysis work. For Operates keyboard-controlled data e itry device such as keypunch machine or key-example, may assist a higher IcVel systems analyst by preparing the detailed specifica.
opertted magnetic tape or disk encoder to transcribe data into a form suitable for tions required by programmers from information developed by the higher level analyst.
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i in formal training courses. Assignments tra des Computer Programmer i Computer Sy;tems Analyst 11 Works independently or under only general direction on problems that are rel:tively application of standard procedures to routine problems. Receives c f limited d
uncomplicated to analyze, plan, program, and operate. Problems are ocomplexity because source new aspects of assignments; and work is reviewed to verify its accuracy a t
i closely telated. (For example, develops systems for maintaining depositor accounts n abank, mainta conformance with required procedures.
Computer Programmer 11 ry accounts in a manufacturing or wholesale establishment.) Confers with personsconcerned to d f
Works independently or under only general direction on relatively simple pro or on simple segments of complex programs. Prog personnel on the implications of the data processing systems to be applied. OR Works on a segment of a complex data processing scheme or system, as described for listings are produced by refining, adapting, arraying, or making minor live! III. Works independently on routine assignments and receives instruction and deletions from input dsta which are readily available. While numerous j
guidance on complex assignments. Work is reviewcd for accuracy of juk, ment, processed, the data have been refined in prior actions so that t
compliance with instructions, and to insure proper alignment with the overall system.
sequencing of data can be tested by using a few routine checks. Ty deals with routine recordkeeping operations. ORworks on com l
Computer Syatoma Anatyat lli Works independently or under only general direction on complex problems involv, higher level programmer or supervisor. May a ing all phases of systems analysis. Problems are complex because of diverse sources of j,
input data and multiple.use requirements of output data. (For example, develops an i
integrated production scheduling, inventory control cost analysis, and sales analysis tasks under fairly close direction, May guide or instruct iower level programmers.
record in which every item of each type is automatically processed through the full l.
system of records and appropriate follow.up actions are initiated by the computer.) Confer I-Computer Programmer tilWorks independently or under only gener i
i require competence in all phases of programming concepts and prac subject matter personnel on the implications of new or revised systems of dataprocessing i.
from diagrams and charts which identify the nature of desired results, ma Ie steps to be accomplished, and the relationships jf systemsinstallations or changes and for obtaining equipment,May provide functional direction to lower level
!i the computer system in achieving desired end products.
j; At this level, programmmg is difficult because computer equipment must b rganized to produce several interrelated but diverse products from n COMPUTER PROGRAMMER, BUSINESS di".erse data elements. A wide variety and extensive number of 6
0971: Programmer business) Converts statements of business problems, typically prepared by a systems analyst, a tions must occur. 'Ihis requires such actions as development of commo.s ope hich are required to solve the proHems by 8#
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into a sequence of detailed instructions w h rogram-data when program requirements exceed computer storage capacity, a tutomatic data processing equipment. Working from charts or diagrams, t e p mer develops the precise instructions which, when entered into the computer system in c
manipulation and resequencing of data elements t
coded language, cause the manipulation of data to achieve desired results. Work mvolves most of thrfollowbrg: Applies knowledge of computer capabilities, mathemat-f l
ass st.
ics, logic employed by computers, and particular subject matter involved to ana yze charts and diagrams of the problem to be programmed; develops sequence of program COMPUTER OPERATOR l
steps; writes detailed flow charts to show order in which data will be processed; (4612: Computer operator)In accordance with operating instructions, converts these charts to coded instructions for machine to follow; tests and corrects f
programs; prepares instructions for operating personnel during production run; of a digital computer to process data. Executes runs by either serial proc (processes one program at a time) or multiprocessing (processes two or morb rnalyzes, reviews, and alters programs to increasc operating efficiency or adapt to new requirements; maintains records of program development and revisions. (NOTE: Workers p Studies operating instructions to determine equipment setup needed.
simultaneously).The following duties characterize the work of a computer operator:
systems analysts if this is the skill used to determine their pay.)
Loads equipment with required items (tapes, cards, dis ~es, paper, etc.).
a.
Does not include employees primarily responsible for the management or supervision b.
of other electrome data processing employees, or programmers primarily concerned Switches necessary auxiliary equipment into system.
c.
with scientific and/or engineering problems.
d.
Starts and operates computer.
For wage study purposes, programmers are classified as follows:
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i Assists in (1) maintaining, m'odifying, and d;veloping oper: ting syste' s or,
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Responds 13 operating and comput r output instructions, d.
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Reviews error messages tad makes corrections during oper: tion or rifirs programs; (2) developing operating instructions end techruquer.13 covir z*
probl:ms.
probl m situations; gnd/or (3) switching to emergincy bzckup procedures,*
g.
Maintains operating record.
(such assistance requires a working knowledge of program language, computer features, and software systems).
I M:y test run new or modified programs. May assist in modifying systems or I
programs. De scope of this definition includes trainees working to become fully An operator at this level typically gu, des lower level operators.
i qualified computer operators, fully qualified computer operator, and lead operators PERIPHERAL EQUIPMENT OPERATOR providing technical assistance to lower !cvel operators. It excludes workers wh (4613: Peripheral equipment operator) momtor and operate remote terminals.
Operates peripheral equipment w!.ich directly supports digital computer operations.
For wage study purposes, computer operators are cla ssified as follows:
Such equipment is uniquely and specifically designed for computer applications, but need not be physically or electronically connected to a computer. Printers, plotters, card read / punches, tape readers, tape units or drives, disk units or drives, and data Computer Operator i display units are examples of such equipment.
Work assignments are limited to established production runs (i.e., programs which The following duties enaracterize the work of a peripheral equipment operator:
. present few operating problems). Assignments may consist primarily of on-the-job training (sometimes augmented by classroom instruction). When learning to run a.
Loading printers and plotters with correct paper; adjusting controls for
[C programs, the supervisor or a higher level operator provides detailed written or oral forms, thickness, tension, printing density, and location; and unloading guid:nce to the operator before and during the run. After the operator has gained hard copy.
f raperience with a program, however, the operator works fairly independently in b.
Labeling tape reels, disks, or card decks.
Y i
cpplying standard operating or corrective procedures in responding to computer c.
Checking labels and mounting and dismounting designated tape reels or cutput instructions or error conditions, but refers probleias to a higher level operator or disks on specified units or drives.
ths supervisor when standard procedures fail.
d.
Setting controls which regulate operation of the equipment.
k Observing panel lights for warnings and error indications and taking 4
i e.
l appropriate action.
Computer Operator ll f.
Examining tapes, cards, or other material for creases, tears, or other l}
In addition to established production runs, work assignments include runs involving defects which could cause processing problems.
8 i new programs, applications, and procedures (i.e., situations which require the operator i:
to adapt to a variety of problems). At this level, the operator has the training and This classification excludes workers (1) who monitor and operate a control console r
experience to work fairly independently in carrying out most assignments. Assigr Tients (see Computer operator) or a remote terminal, or (2) whose duties are limited to may require the operator to select from a variety of standard setup and operating CPerstmg decollaters, buraters, separators, or similar equipment.
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procedures. In responding to computer output instructions or error conditions, applies COMPUTER DATA LIBRARIAN
,st*ndard operating or corrective procedures, but may deviate from standard proce-(4696: File clerk) dures when standard procedures fail if deviation does not matenally alter the computer (4754: Stock and inventory c!crk) unit's production plans. Refers the problem or aborts the program when procedures Maintains library of media (tapes, disks, car'ds, cassettes) used for automatic data
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cpplied do not provide a solution. May guide lower level operators.
processing applications. The following or similar ' uties characterize the work of a d
computer data librarian: Classifying, cataloging, and storing media in accordance with a 4
standardized system; UPon proper requests, releasing rmdia for processing; maintaining 2
Computer Operator lit records of releases and returns;inspectmg returned media for damage or excessive wear In addition to work assignments desen. bed for Computer operator II (see above) the to determine whether or not they need replacing. May perform minor repairs to j
work of Computer operator 111 involves at least one of the following:
damaged tapes.
Deviates from standard procedures to avoid the loss of information or to DRAFTER
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a.
conserve computer time even though the procedures applied materially (372: Drafting occupation)
I alter the computer unit's production plans.
Performs drafting work requiring knowledge and skill in drafting methods, proce.
I b.
Tests new programs, applications, and procedures.
dures, and techniques. Prepares drawings of structures, mechanical and electrical c.
Advises programmers and subject-matter experts on setup techniques.
equipment, piping and duct systems and other similar equipment, systems, and i
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+p required information from preced;nts, manufacturers' catal gs, and te sneemblics. Uses recognized systems of symbols, legends, shadings, and lines having Independently resolves most of the problems encountered, supe i ideas, specific meanings in drawings. Drawings are used to communicate engineer ng p
suggest methods of approach or provide advice on unusually diffic I
designa, and information in support of engineering functions."Ihe fo!!owing are excluded when they cons 5
NOTEt Exclude drafters performing work of h
Design work requiring the technical knowledge, skill, and ability to i.
a.
conceive or originate designs; differing functions or requirements.
Ittustrating work requiring artistic ability
/ork mvolvmg the preparation of charts, diagrams, room arrangements, b..
Works closely with design originators, preparing drawings of unus c.
Draf ter V Cartographic work involving the preparation of maps or plats and related l
j floor plans, etc.;
original designs which require a high degree of precision. Per i
1 d.
matenais, and drawings of geological structures; and assignments requiring considerable initiative, r l
Supervisory work involving the management of a drafting program or the i
l cting c.
are resolved by the drawings produced. Exercises independent judgment supervision of drafters.
h king and interpreting data based on a knowledge of the design intent. Althou Positions are classified intolevels on the basis of the following definitions.
primarily as a drafter, may occasionally perform engineering d i details, hf ay t ng general designs prepared by others or in l
Working under close supervision, traces or copies finished drawings, making clearly Drafteri indicated revisions. Uses appropriate templates to draw curved Imes. Assignments ar for large and complex drafting projects.
. checked durmg progress and reviewed upon comp!cuon.
NOTE: Exclude drafters performing elementary tasks while receiving training in the f
TECHNICIAN
?
most basic drafting methods.
This classification includes various Positions described Prepares drawings of simplo, casily visualized parts of equipment from sketches or Draf ter 11 as Electronics Technician, Instrument Technician, marked.up prints. Selects appropriate templates and other equipment needed to j
Mechanical Technician, Instrumentation Technician,
[
complete assignments. Drawings fit familiar patterns and present few technicalprobl Photo Lab Maintenance Technician, and Photo Optical ance when questions arise, and reviews completed work for accuracy.
Technician among others. Works on various types of
- r electronic, optical, mechanical, instrumentation, l
Prepares various drawings of parts and assemblies, including sectional profiles, motion picture and film processing, photo optical, and Drnfter ill irregular or reverse curves, bidden lines, and small or intricate details. Work requires Calibration equipment and related devices by performing fh or a Combination of the following: Installin
- use or most of the conventional drafting techniques and a working knowledge o t e d
ral on terms and procedures of the mdustry. Farmhar or recurrmg workis assigne m gene fabricating, maintaining, repairing, overhauling, l
' ~
d of terms; unfamih,ar assignrnents mcfude mformation on methods, proce ures, sources troubleshooting, modifying, Constructing, testing, and information, and precedents to be fo!! owed. Simple revisions to existing drawings may Operating work requires practical application of technical i
be assigned with a verbal explanation of the desired results; more complex revisions are i
produced from sketcho which clearly depict the desired product.
knowledge of related principles, ability to determine j
m Hungtions and to resolve problems, and skills to maintain equipment in required operating Condition, il epares comptete sets of complex drawings which include multiple views, deta drawings, and assembly drawings. Drawings include complex design features that Positions are classified into levels on the basis of require considerable drafting skill to visualize and portray. Assignments regularly require the use of mathematic.d formulas to compute weights, load capacities, dimensi the following definitions, detail supplied by an engineer or designer, determmes the most appropriate views, 34
,-,ym.m.g.
=
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e.
~~ '
Class III. Applies advanced knowledge to solve assignments d: signed to increase competenc5 ' ;.
unusually complex problems (i.e., those that typically
'(including class-room training) so that worker-cannot be solved solely by reference to manufacturers' can advance to higher level technician..
1 manuals or similar documents) in working on various Receives technical guidance, as required from
. equipment.
supervisor or higher level technician. Work l
' Work may be reviewed by supervisor (frequently an is typically spot checked, but is given detailed I
i engineer or designer) for general compliance with review when new or advanced assignments are accepted practices. May provide technical guidance involved. (Assignments may include operational to lower level technicians. (Assignments may include duties.)
operational duties.)
Qualification requirements: Demonstration of l
Qualification Requirements: Dec.onstration of satisfactory satisfactory skill and good perfomance with skill and good performance in the particular field; four three years of progressive work experience with years' progressive experience in the specific field in the particular equipment or graduation from a addition to graduation from a two year resident course two-year resident course at a technical j
at a technical institute or the equivalent.
institute, or the equivalent.
Class II. Applies comprehensive technical knowledge-to solve complex problems (i.e., those that typically can be solved solely by properly interpreting manu-i facturers' manuals or similar documents) in working on various equipment, l
Receives technical guidance, as required, from supervisor or higher level technician and work is reviewed for 4
specific compliance with accepted practices and work assignments. May provide technical guidance to lower level i
technicians. (Assignments may include operational duties.)
Qualification requirements: Demonstration of satisfactory skill and good perfomance in the particular ficid; two years progressive experience in the specific field in 4
addition to graduation from a two year resident course at a technical institute, or the equivalent.
Class I: Applies working technical knowledge to perform l
simple or routine tasks in working on various equipment, following detailed instnictions which cover virtually all procedures. This knowledge may,be acquired through i'
35
.a
B0483 OF000 U.S. DEPARTMENT OF t. ABOR EMPLOYMENT STANDARDS ADMINISTRATION Page 1 of 3 WAGE AND HOUR DIVISION WASHINGTON, D.C. 20210 State:
Ohio OH REGISTER OF WAGE DETERMIN ATIONS UNDER Area:
Greene (057), Miami (109),
THE SERVICE CONTRACT ACT LOCALITY Montgomery (113), and Preble By direction of the Secretary of Labor (135) Counties W. M. Otter Administrator g AUG $
Date:
Wage determination riumber:
7 8-3 8 4 (Rev. -6),
Fringe benefit payments Minimum Class of service employee hourly Health &
Vacation Holiday Other wage Welfare
- 1. Clerk, accounting III
$4.88 2s Clerk, accounting IV 7.45
- 3. Clerk, file I 3.93
- 4. Clerk, file II 5.14
- 5. Clerk, order 5.24
- 6. Clerk, payroll 6.38
- 7. Keyentry operator I 5.52
- 8. Keyentry operator II 5.86
- 9. Messenger 4.34
- 10. Secretary II 5.98
- 11. Secretary III 7.45
- 12. Secretary IV 7.54
- 13. Secretary V 8.49
- 14. Stenographer I 5.75
- 15. Stenographer II 7.29
- 16. Switchboard operator 4.90
- 17. Switchboard operator - receptionist 4.71
- 18. Typist I 4.46
- 19. Typist II 5.78
- 20. Computer operator I 6.96
- 21. Computer operator II 7.30
- 22. Computer operator III 8.87
- 23. Computer programmer I 8.09 1/
- 24. Computer programmer II 9.23 T/
- 25. Computer programmer III 12.40 1/
G We n
- I
~
U.S. DEPARTMENT OF LABOR EMPLOYMENT STAND AR D'.
.OMINISTRATION -
Page 2 of 3 WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 State:
Ohio OH REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT
^'*a:
Greene (057), Miami (109), Montgomery LOCALITY (113), and Preble (135) Counties By direction of the Secretary of Labor W. M. Otter Administrator Wage determination riumber:
78-384(Rev.-6)
Da t-4 AUGl W Fringe benefit payments Class of service employee hourly Health &
Vacation Holiday Other wage Welfare 26.
Drafter III
$7.14 27.
Drafter IV 8.84 28i Drafter V 11.40 29.
Drafter-tracer 5.92 30.
Technician I 7.61 l
31.
Technician II 9.09 32.
Technician III 10.57 Fringe benefits applicable to classes of service employees engaged in contract performance:
2f 3/
4f 1/ Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 Cv4 Part 541. (Sco section 4.156, 29 CFR Part 4.)
2/ $.32 an hour or $12.80 a week or $55.46 a rnonth.
}/ 2 ueeks paid vacation after 1 year of service with a contractor or successor.
Length of service includes the whole span of continuous service uith the present uherever employed, and with predeceanor contractors in the performance of similar work at the same Ped-(successor) c eral facility. (Reg. 4.171(b)(2).)
4/ 10 paid holidays per year: New Year's Day,11ashington's Dirthday, Cood Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thankagiving Day, and ':hristmas Day. (A contractor may sub-atitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees 1nvolved.)'
e