ML20027C757

Contract: Maint & Operation of Local Public Document Rooms (Lpdrs), Awarded to State Library of PA

ML20027C757
Person / Time
Issue date:	09/28/1982
From:	Mattia M, Shelkrot E NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML20027C753	List: ML20027C752 ML20027C757
References
CON-NRC-10-82-696 NUDOCS 8210270203
Download: ML20027C757 (14)

Text

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$1 At4D AhD IOC.M AWARD / CONTRACT E

26. JULY 1966

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U.S. Nuclear Regulatory Commission x "AmN Division of Contracts Oror.(su p g icyAED ORIGINAD \\

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9. DISCOUNT POR_ p,QW;l PAYMENT Naut AND ADDMS$

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s State Library of Pennsylvania N/A

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Government Publications Section Post Office Box 160'

10. susMit tNv0eCts (d uries.,alen saboru hr Harrisburg, PA 17105

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CODE l ll. $ HIP 10/ MARK FOR (ODE l l

12 f'AYMENT WILL BE MADE SY U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Attn: Jona Souder, LPDR, 309 ORM/ Division of Accounting and Finance Washington, DC 20555 ATTN: GOV /COM ACCOUNTS Wash _ington,_DC 20555 C to U s C. 2304 (.X l

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14. ACCOUtfTING AND APPWOf*Et ATION DATA Appropriation Symbol: 31X0200.402 B&R No.: 46-20-25-302 Amount: $9,528.81 is.

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SUPPtif 5/ Sf avi(.25 O U A NiliY UNIT UNff PoiCf AMOUNT Maintenance and Operation of Local Public i10,753.81 Document Rooms (LPDRs).

Firm Fixed Price Fully Funded 2i.

TOTAL AMOUNT OF CONDACT $ 10.75_3,81 CONIRACTING OFflCER WILL COMPLETE ilLOCK 22 OR 26 AS APPlJCABLE 22 CONTRACTOR'S Nt GOftAttD AGalt ME NT ((.aumst.r h reg.irrd i, si *

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.s 1stPR ESE N T AT EONS (Check or complete all apphcable bozes or blocks.)

a The offeror representscs p:rt of his offer that:

1.

'S),%LL BL/Sil4ESS (Seepar.14 on SF 33 A.)

He O is,2S is not, a small business concern. If of feror is a sma!! business concern and is not the manufacturer of the supplies of fered, he riso represents that all surp!.es to be furnished hereunder O will, O will not, be manufacturered or produc'ed by a small business concern in thz Un;ted States, its possessions, or Puerto Rico.

2.

Fi!NORITY BUSINESS ENTERPR12E

/

l He O is,Ja is not, a minority busines; enterprise. A minority business enterprise is defined as a ** business, at least 50 percent of which is owned by minority groupmembers or,in case of publicly owned businesses, at least 51 percent of the stock of which is owned byminority group members.** For the purpose of this definition, minority group members are Negroes, Spanish-speaking American persons, American Orientals, Ameri(an-Indians, American Eskimos, and American-Aleuts.

3.

REGUL AR D E AL E R - MANU F AC TU R E R (Applicable only to supply contracts exceeding $10,000.)

He is e O regular dealer in O manufacturer of, the supplies of fered.

1 CONTINGENT F EE (Seepar.15 on SF 33.A.)

(2) He O has, (R has not, employed or retained any company or persons (other than a full time bona /it.'e employee working solely for the offeror) to solicit or secure this contract, and (b) he O has, O has not, paid or agreed to pay any company or person (other than a full-time bona fide employee wotAingsolely /or the o//eror) any fee, commission, percentage, or brok erage fee contingent upon or resulting from

he award of this contract, and ogrees to f urnish information relating to (a) and (b) above, as req ested by the Contracting Of ficer. (Interpre-ration of the representation, including the term bona /ide errployee,see Code of Federal Regulations Title 41, Subpart 1-1.S.)

5.

TYPE OF BUSINESS ORGANIZATION He operales as O an individual O a partnership, R a nonprofit organization, O a corporation, incorporated urider the laws of the State if i.

AFFILI ATlON AND IDENTIFYING DATA (Applicable only to advertised solicitations.)

Each of feror snali complete (al and (b) if applicable, and (c) below:

(a) He O es. O is not, owned or contro!!ed by a parent company. (See par.16 on SF 33 A./

(b) If the of feror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of b parent company:

.aast or PARENT COMPANY f

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a t uvtostn 5 tot Nist ecAinoN NuuBnnestt vasu r!.on sF 33 As oHLRoR$ E r No P^Rt N1 CCMFANYS E No EQUAL OPPORTUNITY (a) He [M has, O has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or e clause originally contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order No.

1114; that he DD has O has not, filed all equired compliance reports; and that representations indicating submission of required compliance w <

frorts, sigoni by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in mnection with contracts or subcontracts which are exempt from the equal opportunity clause.)

(b) The bidder (or offeror) represents that (1) he @ has developed and has on file, O has not developed and does not have on file, at l

4 cia establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 601 and 60 21 or

') he O has not previously had contracts subject to the written af firmative action programs requirement of the rules and regulations of the 7

aetary of Labor (The above representation shall be completed by each bidder for offeror) whose bid (offer) is S50,000 or more and who has

)or mote employees.)

CLRTIFICATIONS (Check or complete all avolicable bones or blocks)

BUY AMERICAN CERTiflCATE e of feror certifies as part of his of fer, that: each end product, except the end prod. sets listed below, is a domestic end product (as defined the clause entitled " Buy American Act"); and that components of unknown origi'i have been considered to have been mined, produced,or anufactured outside the United States.

QUDE D E ND PMooLPCIS COUNTRY OF oHIG6N Standard Form 33 Page 2 tREV. 3-773

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CLEAN AIR AND WATER (Applicable il the bid or offer eaceeds StCO,000,or the contracting officer,has determined that orders ur] der ar, intfefonite quantity contract in any year will esceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 US C.1857c-8(c)(1))or the federal 5%ter Pollution Control Act (33 US C.1319(c)) and i< fistedby EPA, or is not otherwise eserrupt.)

The bidder or of feror certifies as follows:

(a) Any facility to be utilized in the performance of this proposed contract O has, O has not, been listed on the Environmental trotection Agency List of Violating Facilities.

(b) He will promptly notify the contracting officer, prior to award,of the receipt of any communication from the Director, Office of ederal Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the ntract is under consideration to be listed on the EPA list of Violating Facilities.

a (c) He will include substantially this certification, including this paragraph (c), in every nonexempt subcontract.

v CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (Seepar. TB on SF 33 Al f a) By submission of this offer, the offeror certifies, and in the case of a joint offer, cach party thereto certifies as to its own ganisation, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the brpose of restr;cting competition,as to any matter relating to such prices with any other of feror or with any competitor; 5

- (2) Unless otherwise required by law, the pr ces which have been quoted in this offer have not been knowingly disclosed by the pfferor and will not knowingfy be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to bse of a negotiated procurement.directly or indi ectly to any other cifferor or to any competitor; and (3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an of fer for that purpose of restricting competition.

(b) Each person signing this offer certifies that:

(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being

f fered herein and that he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3), above; or (2) (i) He is not 'the person in the offeror's organization responsible within that organization for the decision as to the prices ing of fered herein but that he has been authorized in writing to act as-agent for the persons responsible for such decision in certifying that ch persons have not participated and v,ill not participate,in any action contrary to (a)(1) through (a)(3) above, and as their agent does reby so certif y; and (ii) he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3) above.

1 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts. (2) subcontracts, and (3) agreements with applicants wh'o are themselves performing federally assisted construction contracts, exceeding $10,000 which are not caempt from the provisions of the EqualOpportunity clause.)

By the submission of this bid, the bidder, offeror, applicant, or subcontrar. tor certifies that he does not maintain or provide for his playees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services a,t any cation under his control where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employ-any segregated facilities at any of'his establishments, and that he will not permit his employees to perform their services at any location, der his control, where segregated facilities are maintained.The bidder, of feror, applicant, or subcontractor agrees tliat a breach of this cer

• fication is a vio1ation of the Equal Opportunity clause in this contract. As u<ed in this certification, the term ** segregated f acilities** means y waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or essing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for ployees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because habit, local custom, or otherwise. He further agrees that (except where he has obtained identical ce,rtifications from proposed bcontractors for specific tirne periods) he will obtain identical certifications from proposed subcontractors prior to the award of bcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain suchd a tifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the propose r

N bcontractors have submitted identical certifications for specific time periods):

Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities.

A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not

,3empt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all

)bcontracts during a period (i e., quarterly, semiannually, or annually). NOTE: The penalty /or making false o//ers is prescribed in 18 JS c. tool.

e AM[NDU( Ni No oa1E Auf NDuf NT No oATE hCKNOWLEDGMENT OF AMENDMENTS

[ The offeror ockimhips receipt of arrend.

j rrents to the Soiscataten for offors and related l documonta numbored and dated as fonows-IO TE: Offers must set forth futi, accurate and complete information as required by this Solicitation (including attachments). Thepenalty

• r making fatse sratements in offers is prescribedin 18 US C.1001.

Standard Form 33 Page 3 lHLV 3 71)

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PART I

.s Representations, Certifications, and Acknowledgm/ents - Continued SF-33 (Page 3) 5.

WOMAN-0WNFD BUSINESS v

Concern is ((7' is not fhf a woman-owned business.

The business'is publicly owned, a joint stock association, or a business trust / / yes / / no.

The business is / I certified / T not certified.

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A woman-owned business is a business wnich is, at least, 51 percent cwned, controlled, and operated'by a woman or women.

Controlled is defined as exercising the power to make policy decisions.

Ocerated is defined as actively involved in the day-to-day management.

For the purposes of this definition, businesses whicn 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 information 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-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1031)

The offeror hereby certifies as follows:

f3I (a)

In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, i

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 fST (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 limi,t for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requi rement.-

8.

CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))

The offeror / contractor certifies that recovered materials will be'used as required by specifications referenced in the solicitation / contract.

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z-SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF OFFER 0R (Continued) 9.

UTILIZATION OF MINORITY BUSINESS ENTERPRISES / '

(FPR l-1.1310-2) a.

The Utilization of Minority Business Enterprises clause shall be -included in all contracts in amounts which may exceed s

$10,000 except (1) contracts which, including all subcontracts thereof, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts" for services which are parsenal in nature.

l.

It is the policy of the Governm;nt that minority business enterprises shall have the r.aximum practicable oppor-tunity to participate in the performance of Government Contracts.

2.

The Contractor agree's to use his best effort to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term " minority business enterprise" means a business, at least 50 percent of which is -

owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minori ty group members.

For the purposes of this def'initi'on, minority group members are Negroes, Spanish-speaking American persens, American-Orientals, American-Indians, American-Eskimos, and American Aleuts.

Contractors may rely on written representations by subcontractors regarding their status as

' minority business enterprises in lieu of an independent invest-igation.

10.

UTILIZATION OF SMLL BUSINESS CONCERNS

( FPR l-1. 710-3 )

a.

The Utilization of Small mBusiness Concerns clause shall be included in all contracts in amounts which may exceed $10,000 except (1) contract:; which, including all subcontracts there under, are performed entiraly outside the' Uhited States, its possessions, and Puerto Rico, 'and (2) contracts for services y

which are personal in nature.

1.

It is the policy of the Government as declared by -

the Congress that a fair proportion of the purchases and con-tracts for supplies and services for the Governm2nt be'placed with Small Business Concerns.

2.

The Contractor agrees to acccmplish the maximum amount of subcontracting to small business concerns thtt the Contractor finds to be consistent with the efficient perfor: 1.1ce of this contract.

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t 11 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:

The award to Sfole /;brary n$ k8nnsv/ nE of a con *ract or the modification of an existing contract 'coes l__.

or coes not

/ involve situations or relationships of the type set forth in 41 CFR paragraph 2.0-l. 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 determ'nes that potential-organizational conflicts exist, the offeror shall rrovide a statement in writing wnich describes in a concise. manner all relevant factors bearing on his represen-e tation to the Contracting Officer.

If the Contracting Officer determines that organizational conflicts ex st, the following actions may be taken:

4 (a) impose appropriate conditions which avoid such confiicts, (b) disquali fy the offeror, or (c) determine that it is otherwise 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 representation required by B20-1.5404(b) or upon request of the Contracting Officer the facts required by 620-1.5404(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, because o# 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 offeror will be considered by the NRC in the evaluation of proposals.

If the NRC considers 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.

s The offeror's failure to execute the reprerentation required herein with respect to invitation for bids wi.11 be considered to be a minor informality, 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 Orgt.nizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.

.A

d Statement of Work

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ARTICLE I - BACKGR0utlD

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The Local PubJic Document Room Branch within the Division of Rules and Records, Office of Administration,.US fluclear Regulatory Commission (NRC), is responsible for the overall establishment and maintenance of Local -Public Document Rooms (LPDRs).

The LPDR Branch recorsends, develops, and implements programs, plans, objectives, and activities of local public document rooms, as well as coordinates 'the distribution of documents to LPDPs.

The LPDR program provides scientific and technical information relating to nuclear power plants.

The document collections permit and encourage the free exchange of ideas. and criticisms by the general public in the licensing of nuclear power plant construction and operation.

The LPDRs currently are raintained by volunteers in local libraries and other facilities in the vicinity of nuclear generating p' wer plants.-

o The LPDR Branch is establishing a contract program to provide financial renuneration. for services performed by the LPDRs' and to insure that a uni. form pro 9 ram of document maintenance and information services is

.provided for LPDR patrons.

The services to be performed under this 4

contract are discussed in Article II.

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i ARTICLE II - SCOPE OF WORK s

The Contractor shall perform the following services relative to the maintenance and operation of the LPDR:

A.

Filing and File Maintenance 1.

Properly file paper copy documents or microfiche received from the NRC within one week of receipt in accordance with the filing system provided by the NRC.

To meet the particular needs of library patrons, this filing deadline may be extended upon the expressed verbal approval of the Project Officer.

2.

Refile documents or microfiche used by patrons within the next business day.

y 3.

Prepare file folders and folder labels when necessary..

4.

Maintain the local public document collection and ifRC-furnished.

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equipment as a physically unified collection.

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R'eport promptly to the Project Offic~er 'the ~id.entification of documents found or reported'to 'be misi;ing-fro'm ithe~ colledtion.

B.

User IIsistance 1.

Provide sufficient instructions to familiarize users with the filing system of the local public document collection, the collection's User's. Guide, the indexing system used for paper copi.es and microfiche copies of the collection, and use of the microfiche reader printer.

2.

Provide users access to reprodu'ction equipment for making paper copics of the collection.

C.

Administrative Services 1.

Insure that the microfiche reader printer is in pood operating condition.

In the event that the equipment requires repair or servicing,'the library staff shall arrange to have an authorized service representative designated by the.f4RC service the equipment. The invoice of charges should be forwarded to the Office of Resource f4anagement, Division of Accounting and Finance, and the f(RC shall pay the cost of the servicing.

When the estimate of costs exceeds $100, the library staff shall first contact the Project Officer, by calling the toll-free number, 800-638-8081.

2.

Promptly inform the Project Officer, either by the toll-free telephone number (800-638-8081) or in writing, of problems regarding the use or maintenance...

of the collection.

,3.

Make available to patrons an f4RC-furnished log which patrons,may sign when using the collection.

D.

Space Requirements Provide adequate space to maintain the local public document collection

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in an orderly manner.

Provide adequate space near the document collection to locate a 2.

microfiche reader printer, a table for the reader printer,' and a micrufiche file cabinet.

Provide adequate reading space and lighting for users to review the

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documents in the collecti,on.

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Supply Requiremen$s l

1.

Maintain adequite supply of paper for the microfiche reader printer.

2.

Ma,intain. adequate supply of electric la' ps for the microfiche reader m

printer.

ARTICLE III - DELIVERABLES 1.

Reporting Requirements A perfo~rmance report.will be submitted by $the library to t'he NRC within twenty (20) days after the end of the first, second, and third contract quarte rs.

In addition, the library shall submit a final cumulative report at the end of the contract year., Each report shall include an estimate of the number of people using the collection, frequency of use, the estimated number of copies made of documents, conditions of the collection and whether the filing is up to date, any significant problems.,

which may have occurred in the maintenance and use of the document collection, and any equipment maintenance which may have occurred during the period.

The format to be followed in submitting the quarterly and final reports is shown in Attachment 4 to this contract.,

e 2.

Place of Delivery One (1) copy of the report shall be submitted to each of the following locations:

U.S. Nuclear Regulatory Commission Division of Contracts /AC8 Washington, DC 20555 U.S. Nuclear Regulatory Commission Division of Rules and Records Washington, DC 20555

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ARIlCLE Tli ~" GOVERNMENT-FURNISHED PROPERTI,~

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The following Government equipment and mat.erials shall be furnished to the Contractor for performance of the servic'es required hereunder:

M 1.

3M "800" Microfiche Reader / Printer, Model 475AG - S/N 152688 ' r (one<(1) each).

2.

Vertical Visible Upright Cabinet for Cards and Microfiche, 4x6 size, 7-drawers, 40" high,16" wide, 27" deep, with High Leg Base, Steel 12" high, Shaw-Walker Co Model C-1419 (one (1) each).

, _. 3.

Reader-Printer Sit-Down Stand, 3D" High, Top 36.x 30", Bell _ and Howell,

Catalogue. No. 123002 (one (1) each) 6

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4.

The NRC shall provide, normally on a weekly bas:s, the documents to be added to each local public document collection.

When notified by the LPDR in writing or by telephone the NRC shall furnish the following items as needed, file folders, binders, labels, a log, postcards for reporting missing documents, envelopes for use in communicating with the NRC, and a User's Guide.

Also, the NRC, when notified by a library, will promptly replace any documents found missing from the local public document I

collection.

The NRC also will periodically visit each library which maintains a local public document collection to review the collection, correct any problems that may be noted, and to provide guidance and instructions to the library staff.

Responsibility for paper and lamps rests with the library. The NRC authorizes the library to charge for copies made on the reader-printer to recoup expenses for paper and lamps.

The NRC also authorizes the library, without cost to the NRC, to install a coinoperated attachment to the reader-printer.

In either case, however, the cost a library may charge for copies from microfiche may not exceed $0.25 per page copy unless it can demonstrate to the Project Officer, that operating costs require a higher per-page cost.

ARTICLE V - OPTION TO ATTEND TRAINING WORKSHOP In the event this option is exercised during the period of this contract, the library shall have a staff person with the responsibility for maintaining the local public document collection participate in a two-day workshop to be held at NRC Headquarters in Bethesda, Maryland, or at one of the NRC Regional Offices.

The workshop, currently being planned, will provide information regarding the NRC regulatory program, the licensing process, the NRC's computerized document control system, and specific details concerning the administration of the program for local public document collections.

The costs for the workshop attendanc'e shall be negotiated j

prior to exercising this option and incorporated into this contract by modification.

The date and additional information concerning the workshop shall be provided at that time.

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PAYMENT _

ARTICLE VI accordance with Clau'se 7 of the General Provisions Payment shall be made Partial payments, in the amount of one-fourth of theby agreed annual contract cost, shall be made upon sub enti tled " Payments."

d to prejudice above; provided, however, that said payment (s) sha ii f

this contract.

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ARTICLE VII

- PROJECT OFFICER is hereby designated as the Contract ng Officer's autho Jona Souder hi representative (hereinafter called Project Officer) for tec n ca t

terminate,_

which resulYs in or could result in an increase in con con tract.

ilateral_

c

~'Irective whatever.

-(l)-monitoring the contrac. tor's technical d

ending The Project Officer is responsible for:

2 progress, including sur veillance and assessment of performance, 2

to the Contracting Officer changes in requirements; (2) interpre) performing tec work; (3) performing technical evaluation 'as required; (4 inspections and acceptances required by this c f

ce.

Within the purview of this authority, the Project Officer is authorized d tions all costs requested for reimbursement by contractors and submit recorrrnen a for approval, disapp'roval, or suspension for supplies, any changes in terms, conditions, or amounts cited in the contract.

the contract.

2--

'(1)' be consistent with the description of work se

~~(2J'noE' e

ditions N

constitute new assignment of work or change to the expressed terms, con J

basis for or specifications incorporated into this contract; (3) not constitute a d

s an extension to the period of performance or contract delivery schedule; a t

stated above, (4) not constitute a basis for any increase in the contract co

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ARTICLE VIII OPTION TO EXTEND PERIOD OF PERFORMANCE AND STATEMENT OF WORK This contract shall be extended, at the option of the Government, by the Contracting Officer.

The total duration of this contract including the exercise of the option stated herein shall not exceed 2 years.

NRC shall notify the contractor of 'its intention to exercise this option thirty (30) days prior to expiration of this contract.

In the event the option is exercised the contractor shafl submit a cost proposal for the option period 4

upon notification from the Government.

Should the Government exercise said option, all contractual terms and conditions shall apply during the option period.

ARTICLE::IX-SUBCONTRACT FOR WORK OR SERVICES Ho contract shall be made by the contractor with any other party for furnishing any of the work or services required herein without the prior written approval of the Contracting Officer. This provision shall not be construed, however,

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as requiring the prior approval of contracts of employment between the contractor and personnel assigned by the contractor to provide services hereunder.

ARTICLE X - LIABILITY The contractor assumes all risks and liabilities resulting from the use of the Government-Furnished. Property herein enumerated in performance of the work as set forth herein.

The contractor further agrees to hold harmless the Government, the Nuclear Regulatory Commission, including their officials, employees, or agents, for any liability to anyone arising out of or in performance of the work as set forth herein.

ARTICLE XI - CONSIDERATION /0BLIGATION i

[

In full consideration of the contractor's performance hereunder the NRC shall l

pay the contractor the firm fixed price of $10,I53.81 The amount obligated by the NRC for this contract is $10,753.81, l

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ARTICLE XII -

C0tiftlCT OF ItiTEREST_

The primary purpose of this article is to aid in ensuring (a)

Purpose.

that the contractor:

(1) is not placed in a conflicting rode because of current or planned interest (financial, contractual, organizational, or othenvise) which relat,es to the work under this contract, and

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does not obtain an unfair competitive advantage over other parties (2) by virtue of its performance of this contract.

The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR s20-1.5402(f) in the (b) Scope.

activities covered by this artitle.

Notwithstanding any other provision of this cbntract, during the tenn of this contract, the ' contractor agrees.to forego entering into (c) Work for others.

consulting or other contractual arrangements with any firm or organization, the k

result of which may give rise to a conflict of interest with respect to the wor The contractor shall ensure that all i td being per formed under this contract.

employees who are employed full time under this. contract and. employees des as key personnel, if any, under this contract abide by the p organization may involve a potential conflict of interest article.

1 f such obtain the written approval of the Contracting Officar prior to execution o contr. actual arrangement.

- (d) Disclosure after award.

The contractor war.znts that to the best of its knowledge and it belief and except as otherwise set forth in this contract, (1) does not have any crganizational conflicts of interest, as defined in 41 CFR.f29-1.5402(a).

The contractor agrees that if after award it discovers organiza-it tional conflicts of interest with respect to this contract, (2) shall make an irrnadiate and full disclosure in writing to the Contracting Officer.

of the action which t'he contractor has taken or prdposes to taka The llRC may, however, to avoid or mitigate such conflicts. terminate the contrict for conv tior, to be-in the t. cst interes ts of the gov,crriment.

y (e) Access' to and use of information.

access to information, such as fiRC plans, policies (1) studies, financial plans, internal data prctected by the Privacy Act of 1974 (pub. L.93-579), or data which has not been 4

released to the public, the contractor agrees not to:

(i) use i

such information for any private purpose' until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months af ter either the cfmpletion of this contract or the release of such information to the public, whichever is first,.

(iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-1, mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has p,reviously been released to the public by the NRC.

(2)~ In addition, the contractor agrees that to the' extent it. receives' or is givan access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or i.

privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions. placed.on.use of the inforwation.

(3)

The contractor shall have, subject to patent.and security provi-sions of this contract, the right to use technical data it produces-under this contract for private purposes provided that all require-ments of _this contract have been met.

(f)' Subcontracts.

Except as provided in 41 CFR h20-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier.

The terms " contract," " contractor," and " Contracting Officer,"

snall be appropriately modified to preserve the government's rights.

(g) Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or mi.srepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representati.ons as necessarily imply bad faith, the government may terminate the contract f.or default, disqualify the contractor from subsequent contractual' efforts, ahd

. pursue other remedies as may be permitted by law or this contract.

(h) Waiver.

A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.541,1.

~n ARTICLE XIII - GENERAL PROVISIONS s

dated 4/1/82., which incorporates the Standard Form 32 (Re Provisions and FPR Changes and Additions to Standard Form 32 General Provisions (June 1972), attached hereto and made a part hereof by this reference.

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