ML20028F539
| ML20028F539 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/1983 |
| From: | Allender G, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), PUBLIC AFFAIRS INFORMATION, INC. |
| To: | |
| Shared Package | |
| ML20028F538 | List: |
| References | |
| CON-FIN-B-1592, CON-NRC-06-83-266, CON-NRC-6-83-266 NUDOCS 8302020100 | |
| Download: ML20028F539 (70) | |
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NRC-06-83-266 1/1/83 RFPA flo. OSP-83-266
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- 7. Dtuytav 3 ISSUID 4 S 4, CODE e ADMitc5ff atD Y FO. Df 519 (if es!>se shao blaa p) h NAtlON U.S. fluclear Regulatory Commission o'afR(Sa Division of Contracts belowj Washington, DC 20555
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,. DiSCOuNi *OR raOMei rAvMcN' N!JAE AND ADDRESS Public Affairs Information, Inc.
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5203 Leesburg Pike, Suite 1201
,=,,. s,o,e Falls Church, VA 22041 and ZIP sadt) esE eghe
- 10. SutMIT INvolCt5 (d sepits o n/r:#
efterfad)10 ADD 0155 5HowN IN 810CK In accordance with billing insteuctions_hereiln CODE
- 18. 5Hir iO/ MARK FoR c0DEl l
- 12. PAYMENT WILL BE MADE BY U.S. fluclear Regulatory Commission Office of the Controller Attn: G0V/C0ft ACCTS Washington, DC 20555 O io U 5 c. 22a' < x i
- 13. TH3 rROCurtutN1 WAS @ ADvisfl5tD. O NrooriAnD. ru SuAN' to.
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Af10VNT B&R fio.: 80-19-05-01 FIN fio. B-1592 APPfl. flo. 31X0200.803
$20,000.00 e s.
17, 18.
19.
20.
g3 O U A Nil 1Y UNIT UNf1 Patti AMO*JNT SUPPitt5/5f tveC15 tit M N O.
w The Government hereby accepts your bid on IFB flo. RS-0SP-83-266 dated flovember 22, 1982.
ARTICLE V - flindy Landau is hereby designated the Project Officer for this contract.
See Additional changes on the attached pages 2 and 3.
Type of Contract:
FIXED PRICE REQUIREf!ENTS - - - - - - - - - - -If1CREl;ENTALLY FUtil)ED 1
l lt TotAt AuouNT or CONTRACT s 22,832.0C) l ~ 2i.
CONTRACTING OFFICER IVILL COMPLETC BLOCK 22 OR 26 AS APPLICABil AWARD (Contraitor is not required to ssgn this alecusernr.)
voor off**
22.
CON 1RAC10C5 NtGOtlATED AGREEMENT (contracsor is required to sign 2 s.
(
lacled.ae t%
this document and return _b scpies 80 isming ejfect.) Coano<see og.ees on Sot.ensation Numbee odd.,;oa, or chang e saede by you which oddaions e, shenges oee set fodh la felt t, f weaish and del..ee all.se as or perfoem oil the see.ises set feeth os othee-ene obeve, is heeeby oceegeed on to the items I;sted abo.e oad oa ony confiavation shee's aJent. Led above end on ony sensievet.oa sheets for the toasiderosion sto'ed hereia.
This o oed consummoies the contract which consists of the folie-ia, documentes (el The eig is oad ot *..seCons of the pod.ee to thi. eoatead shall be swbied to end goe-the Go.eenment's sol citet.on oad yow o ff ee. ead (b) this o=oed/conhed.
No h
eraed by the folls-iap dowmeres. (o) th. o-ord/sonhod. (b) the solicitot.oa, if any, f.eth., coateoover do.,aeat is nece.ory.
l ond (c) s.<h peo.i. ions... pee..a t.oa. < een6cotisas, and petir:cotions, ei ee.
eo<ked or inseepoeo ed by eefeeen<e ke.
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( Arsorb nants are lisord bevrin.)
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SIGNE R (Type er print)
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- 28. NAME Of CONTRACliNG Of flCd (Typs er print)
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VICE PRESIDENT oe m e- -..
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8302020100 830113 l > >- n s PDR CONTR PDR IWC-06-83-266 t
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1 Delete ARTICLE III and substitute the following:
" ARTICLE III - PERIOD OF PERFORMANCE Performance shall ' cover all initiatives, referenda and bills introduced, passage or defeat notices, Governor's actions and final law copies that occur through December 31, 1983.
The period of performance of work described in Article II hereof shall be j
from January 1,1983 through January 6,1984."
Delete ARTICLE XIII AND SUBSTITUTE THE FOLLOWING:
1
" ARTICLE XIII - TOTAL AMOUNT OF CONTRACT a.
The total amount of this fixed price requirements contract is
$22,832.00.
b.
The amount presently obligated under this contract is $20,000.00.
Additional funding up to full contract amount will be provided, subject to its availability,,through issuance of a unilateral modification to this contract."
i, j
The fcllening articles are added and made a part of the General Provisions.
36.
Interest en Overdue Payments (a) Ine Promst Plyment Act, Public Law 97-177 (96 STAT. 55, 21 USC 1501) is applicable to paymene.s under this contract and requires the payment to contractors interest on overdue payments and improperly taken discounts.
(b) Determination of interest due will be made in accordance with provisions of the Prompt Pa;. ment Act and Office of Parage.ent and Budget Circular A-125.
47.
Pa;. cent Due Da te - F.O.B. Des tina tion (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 *:-i;inal and 4 copies) to the U.S. iluclear Regulatory Ccemission, Division of Accounting and Finance, Office of Rescurce Management, ATTN: GOV /COM Accounts Section, Washington, D.C.
20555.
(2)
The date the supplies are accepted by the Goverre.en.
(b) For the purpose of determininc -he due date for payment and for no other purpose, acceptance will be deemed to occur - calendar days af ter the da te of delivery of the supplies in sc:Orcance with the terms of the contract.
3 e
s, If the supf.ies are rejected for failure tc cor.ferr :: :nc (c;
technical requirements of the contract, or for Canaje in transit or otherwise the provisions in para;raph (b) of this clause will apply to the new delivery of replaceT.ent supplies.
( '. The date of the check issued in payment shall be considered to os the date payment is made.
- 0.
Invoice Recuirerents
- nvoices sr. ail be succitted in ar. original and 4 c:;ies :c :re..I. Nuclea-
?.eguia ory Cocaission, Division of Accour.:ing ar.d Fir. nce, O'fice of P.esource Mar.agement, ATTS:
GOV /00!'. Acccunts Section, 'r.'a shir;te, D.C. 20Eii.
To constitute a pr6per invoice, the invoice must ir.cluce tne fci'.o ing infor-ma:icn and/or attached documentation:
(1) Name of the business concern and invoice date.
(2) Contract number or other autnoriza: ion for delivery cf property or services.
(3)
Description price and quantity of property an'd services actually delivered or rendered.
(4) Shipping and payment terms.
Name (where practicable), title, phone number, and ccmplete (5) mailing address or responsible official to whom payment is to be sent.
(5) Other substantiating documentation or information as required See Attachment 1
" Billing Instructions for by the contrac t.
fixed Price Contracts."
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is. S. Nuclear Regulatory Comi.ssion Oivision of Contracts Jasnington. 0.C.
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SOLICIT A TION
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,,,,.n. Ms. M. Dorsey,
Bid Opening Officer's Representativt SCHEDULE
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'ELEGRAPHIC IDS ARE SEE'PART III 0F THIS SOLICITATION PACKAGE INARTHORIZED NOTE: THE ADDRESS SHOWN IN BLOCK 7 IS FOR iAILING C NLY HAND-CARSIED BIDS SHOUL[
BE DELIVERED AS ADDRESSED IN BLOCK 9 ABOVE. THIS INCLUDES DEf IVERY BY ANY EXPRESS MAIL SERVICES OR SPECIAL DCLITERY SERVICES WHICH USE A COURIER OR THE BIO tN PFRSON TO TW NRP OTHER PERSON TO DELIVER'ust a,so oe culty co,no,eted or otte, ort of FEri op.ges 2 an<t 3 n c sle d., d.,s fM.teatf.r d.r,,a,es,. deffevear p
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, r, GLORIA W. ALLENDER
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-PUBLIC AFFAIRS INFORMATION, INC.
VICE PRESIDENT
.cc.ess
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5203 LEESBURG PIKE, SUITE 1201
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FALLS CHURCH, VIRGINIA 22041
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All Items
$22,832.00 B&R No.: 80-19-05-01
$20,000.00 mi un-na ra>
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Washington, DC 20555 n
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- 29. UN4TED STATES OF au E AIC A 34 ****oc.su av Mar _Y Jo Mattia
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__..' CF 913 '8101 P..g,-t.e av C 5 A F
a PUBLIC AFFAIRS INFORMATION e
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- sy Page 2 1
REPHESENT ATIONS. CERTIFICATIONS AND ACKNCWLEDGMENTS RE?R ESENT ATIONS
- Check or compteur att avutocacic Dones or clocks }
Tbs of fe or ses resen's as cart of his of f er that 1.
SMALL BUSINE SS ISer var.14 cn SF 23. A.I he Z s.Ms nos 6 small business concern. If of fesor.s a small business concern and is not the manuf acturer of the suppt.es of f ered.
he also represents tnat..I supplies to be furnished hereunder C vvilt. C will not, be manuf acturtred or produced by a small business concern in the United States.s oossessions, or Puerto Reco.
2.
MINORITY USINESS EN-TERPRISE He C is.
is not, a minority business enterprise. A m;nority bus ness enterprise is defined as a " bus. ness, at least 50 percent of whecn es owned by minority group members or,in case of publacty owned bus.nesses. at least 51 percent of the stock of which is owned bymincrity group members." For the purpose of this definition, minority group rnomters are Negroes. Spanish speaking Amer.can persons.
American Orientais. American Indians. American Eskimos and American Aleuts.
3.
REGULAR OEALER - MANUF ACTURER (Appiscable only to supply contracts exceeding 510.000.)
He is a[ regu:ar cealer m LC manufacturer of, the supplies of fered.
4.
CONTINGENT F E ISee par. IS on SF 33 A.)
rr fan He : hat.
t'as not.empsoyed or retained any comoany or persons lotter than a lutt time r>ona fir.'e emutoven wrkong sclely o
the o//crorf to solicit or secure this contract. and (b) he C has.C bas not, paid or agreed to pay any company or person ather than. f.//-
r f,mc coria /,de ernprovee wor &eng solery /or tne o//crorf any fee, commission. percer*tage, or orca trage fee contingent upon or resultmg from the award of this contract; and agrees to furnish information refating to (a) arid (b) above as reques:ed by the Contracting Officer. Iloterpre-tation of the rentr'antation. sncludong the terrn " bona lice er p* oyer.** see Code of feceral Regulatoons. Title 41. Sutpart 1 1.S.)
5.
TYPE OF BUSINESS ORGANIZATION He operates as C an.ndiv. dual, C a partnersnio. C a nonprofit organization.
a corporation..ncorporated ur cer the laws of tr e State of CALIFORNIA 6.
AF FILIATICN ANO IDENTIFYING OATA /Anp/ecaele o, sty to advertised sol,citatsor s./
,Ea:n of feror snail complete tal and (bl if apoincable. and ici below:
.las He C is.hs not. owned or controlled by a parent company. /See par.16 on SF JJ A.,
(bl if the of feror is ewned or controlled by a parent company, he shall enter in the blocks belovv the name and, main office address of
___th2 parent company:
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EQUAt. O FORTUNITY tal He has. O has not, participated m a previous corstract or subcontract subsect either to the Eaual Opportunity clause ner ein or ths clause originally contained in section 301 of Esecutive Order No.10925. on the clause contained en Section 201 of E=ecutive Order No.
11114; that he has. C has not, filed all required compliance reports; and that representations indicating submisson of required comolsece reports, signed by'oroposed subcontractor 1. well be cbtained prior, to subcontract awaros. (The above reoresentation need not be submitted en corst'ection with contracts or %bcontracts which are esempt from the coual coportunity clause.1 The bidder (or offeror) represents that (1) he O has developed and has on file. C was not deveioneri and ooes act have on fire. at lb) 4.in establishment affirmative action programs as required by the rules and reguistions of tne Secretary of Labor 141 CF R 60-1 ar o 60 21 or (23 h4 0 h&s not p'eviously had contracts subject to the written af firmative action programs requirement of the rules and regulations of the no has Secretarv of Labor. t The soo,e representatsort snart be comptered by each bidder for offerors wnose bad totters as S$0.000 or enore ana sv
$0 0r mnre employees.l CE A TIFICAllONS IC!ieck or comoiete art aootocoose comes or osocest 1.
BUY AMERICAN CERTIFICATE The of feror certifies as part cf his of fer, that:.each e'id'oroduct. except the end products listed below is a domestic end picduct ias defined in the clause entitled "Suy American Act**). and that components of unknown origin have been consideteo to have been mined, produced, or manufactured outs.de the Unitect States.
ccw= s ** CF ca.G*e s*Csuctot=c**coucis
$ t a rtC3 e d ICsfR 33 Page 2 IR EV 3 771 O
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PUBLIC AFFAIRS INFORMATION
,s Page 3 e
2, CLEAN AIR AND WATER (Acolicshte of the bud or offer escreds $1CO.000 or the contracting offocar has determ.ned that orders under ar, undefonste Quantity contract on any year well encord $100,000, or a facoloty to be used het been the subsect of a convoctoon under the Clean Aor Act M2 US.C 1857c-8(cIl1))or the federal Water Pollution Control Act (JJ flS.C.1Ji9fc)) and a listed by EPA, or os not otherwese esempt.)
The bidder or offerer certifies as follows:
fal Any facility to be utilized in the performance of this proposed contract O has.khas not, been linied on the Environmental protsction Agency list of Violating Facilities, e
(b) He wdt promptly notify the contracting officer, prior to award.of the recerpt of any commun; cation from the Orrector, Of fice of Feceral Activities, Environmental Protection Agency, indicating that any facility which he pruposes to use for the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities.
(c) He will include substantially this certification, including this paragraph (c), an every nonenempt subcontract, 3.
CENTIFICATION OF INDEPENDENT PRICE DETERMINATICN /See par.18 on SF JJ Al fal By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own oreatuzation, that in connection with this procurement:
(1) The prices in this offer have been arrived at indepencently, without consultation, communication, or agreement, for the purpose of restrb; ting competition, as to any matter relating to such prices with any other offerer or with any competitort (2) Unless otherwise required by faw, the prices which have been cuoted in this offer have not been knowingly disclosed by the afferor and wilinot knuwingfy be disclosed by the offeror prior to opening in the case of an advertised precurement or prior to award in the case of a negotiated procurement, cirectly or indi*ectly to any other offeror or to any comMtstor; and (3) No a,ttempt has been made or will be made by the offerer to induce any other persen or firm to submit or not to submit an of fer for tnat purpose of restricting competition.
(b) Each ;erson signing this offer certifies that:
(1) He is the person in the offesor's organization responsible within th'at organization for the decision as to the prices bemg offered herein and that he has not participated, and will not participate, en any action contrary to fa)(1) throu;h fal(3), above; or
- 82) (il.4e is not the pesson in the offeror's organization responsibfe within that organization for the decision as to the prices oting offered herein but that he has been authorized in writing to act as-agent for the persons responsible for such decision,n certifyag that
. suct' persons have not partic: pated and wiil not participate, in any action contrary to (al(1) through (al(31 above, and as their agent does Sereoy so certify; and (iil be has not participated, and will not participate, in any action contrary to (a)(1) through (alf 3) above.
4.
CEr3TWCATICN CF NCNSEGREGATED FACIUTIES (Applicable to (1) contracts (21 subcontracts, and IJ) agreements, wen apphcants at:0 are themse!*es performong federally assisted construction contracts, escreding S10.000 which are not es empt from the provissens of the EqJal0pportunity Clause.)
By the submission of this bid, the bidder, offeror, applicant, or subcontractor certsf;es that he does not maintain or provide for his amployees any segregated fac*lities at any of his establishments, and that he does not permit his employees to perform their services at any locatsen,,ndte his control, where segregated facilities are maintained. He certifies further that he will not maintam or provide for his employ *-
ess any segregated facilities at any of his establishrnents, and that he will not permit his employees to perform their services at any Iccation, undct his controt,where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this cer-tification is a v;olat:on of the Ecual Opportunity cfause in this contract. As used in this certification, the term ** segregated facilities ** means i
any wisting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, rocker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing fac.lities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of h3 bit, focal custom, or otherwise. He 'urther agrees that (except where he has obtained identical certifications from proposed subcontractors for specif~c time periods) he will obtam identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10.000 which are not esempt from the provisions of the Ecual Opportunity clause; that he will retain such certifications In his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed I subcontractors have submitted identical certifications for specific time periods):
Natice to prospective subcontractors of requiremen; for certifications o' nonsegregated facilities.
A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceedmg $10.000 which :s not e xempt from.the provisions of the Equal Opportunity efause. The certification may be submitted cirner for each subcontract or for all subcontricts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making /etse o//crs is prescribed in. 83 uS c 1001.
Continued on Page 4 i
j a u t hou g a, r **C Pat a u t % D" E ** ' '*o o*re ACXNOWI.EDGMENT OF AMENOMENTS si.'
~
The caract ac$nceedges rece.pt of amerus.
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menta to 'he So6c:"Jcon for otfors and reisted dco.imin a runneeeed arid t!sted as todows:
1
' VO TE. Otters must ser roten tutt. ac:urare ano comprete mtormation as recuared by trus Sofocaration (<ncluding arrachments). The peraatty l 'or enating false statements in offers os prescrobedin 18 U S.C 1001.
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PUBLIC AFFAIRS INFORMATION o*
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Representations, Certificaticns, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSI ESS Concern is ((7' is not f2f' a woman-owned business.
The business is pub 1'cly owned, a joint _ stock associat' ion, or a business trust /_/ yes f8f no.
The business is / / certified /J7 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.
s For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exemptea businesses - v 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.
HON-0ISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
f5f (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, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-l tional retirement plan, or statutory requirement, and f[f (b) That contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work. dn Government contracts, a maximum age limit c
for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
l l
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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PUBLIC AFFAIRS INFORMATION Page 5 1
o SECTION B - CONTRACT FORM & REPRESENTATIONS, CCUDITIONS & OTHER STATEMENTS OF 0FFEROR (Continued) 9.
UTILIZATION OF MINORITY BUSINESS EU.TERPRISES (FPR 1-1.1310-2) a.
The Utilization of Minority Business Enterprises clause shall be included in all contracts in amounts which may exceed
$10,000 except (1) contracts which, including all subcontracts thereof, are to be performed entirely outside the Uniteo States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
1.
It is the policy of the Governepnt that minority business enterprises shall have the maximum practicable oppce-tunity to participate in the performance of Gcvernment Contracts.
2.
The Contractcr agree's to use his best effort to carry out this policy in the award of his subcentracts 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 minority group members.
For the purpcscs of this de/inItfon, minority group members are Negroes, Spanish-speaking American persens, American-Orientals, American-Indians, American-Eskimos, and American Aleuts. Centractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent invest-igation.
s 10.
UTILIZATION OF SMALL BUSINESS ONCERNS (FPR 1-1.710-3) a.
The Utilization of Small Business Concerns clause shall be included in all contracts in amounts which may exceed $10,000 l
except (1) contracts which, including all subcontracts there l
under, are performed entirely outside the United States, its l
possessions, and Puerto Rico, 'and (2) contracts for services l
which are personal in nature.
I 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 Government be ~placed with Small Business Concerns.
2.
The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns tha-the Contractor finds to be consistent with the efficient perfor. i.Tce of this con:ract.
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s CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST
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11.
I repr(sent to the best of my knowledge and beli'ef that:
The award to PUBLIC AFFAIRS INFORMATION of a Contract or the modification of an existing contract does /_j orTes not @ involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the rep'resentation 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 statemenc in writing which describes in a concise manner all relevant factors bearing on h,is represen-tation to the Contracting Offi er.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken-(a) impose appropriate conditions which' avoid such conflicts, (b) disquali fy the of feror, or determine that it is otherwise in the best interest of the United (c)
States to seek award of the contract under the waiver provisions of 9 20-1.5411.
The refusal to provide the representation required by $20-1.5404(b) or upon request of the Contracting Officer the facts required by s20-1.5404(c),
shall result in disqualif.ication 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 r
, because of ' actual or potential organizational cc,nflicts 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 pfrt of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be (ejected as unacce'ptable.
The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
Any contract resulting from a solicitation requirenent 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. 1.
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SOUCITATION INSTRUCTIONS AND CONDITIONS page 7 a.,
s
- i. DEFINiflO'NS.
- 7. LATE BlfsS, MODIFIC ATIONS OF BIOS, OR WITHDRAWAL OF GIOS.
As used Lerein:
(a) Any bid receised at the c.flice designated in the solicitation after (a) The term "soficitation" means Invitadon for Bids (IFB) where the prowrement is advertised, and Request for Proposal (RFP) where the exact time spec fied for receipt will not be considered unless it is received before award is made and ciiher:
the p)rocurement is negotiated.(b.The term "oder" means bid where the procurement is adver.
(I) It was sent by registered or certi6cd mail not !ater than the tised, and proposal where the procurement is negotiated.
6fth calendar day prior to the date specified for the receipt of bids (c) Toe purposes of this soiicitation and B!ock 2 of Standard Form (e g, a bid submitted in tesponse to a solicitation requiring receipt of 33, the term " advertised" includes Small Business Restricted Adver.
bids by the 20th of the month must have been mailed by the 15th or tising and other types of restric:ed advertising.
ca rlier) ; or (2) It was sent by mail (or telegraro if authorized) and it is
- 2. PREPARATION OF OFFERS.
determined by the Governrnent that the late receipt was due solely to
(
(c) Oferers are expected to examine the drawings, specifications, mishandfing by the Govern ment after receipt at the Government Schedule, and all instructions. Failure to do so will be at offeror's instaliation.
risk.
(b) Any modi 6catioa or withdrawal of a bid is subject t'o the sarne (b) Each oderor shall furnish the infor nation required by the conditions as in (2), above. A bid may also be withdrawn in penon solicitatin. The orTeror shall sign the solicitation and print or type by a bidder or his authorized representative, provided his identsty is his name on the Schedule and each Continuation Sheet thereof on made known and he signs a receipt for the bid, but only if the wsth-which he reakes an entry. Erasures or other changes must be initiated drawal is made prior to the exact time set for receipt of bids.
by the ;enon signing the oTer. O!!ers signed by an agent are to be (c) The only acceptable esidence to establish:
accompanied by evidence of his authority unless such evidence has (1) The date of mailing of a late bid, modifcation, or withdrawal either by registered or certi6ed mail is the U.S. Postal Service been previously furnished to the issuing of5ce.
sent (c) Unit price for each unit odered shall be shown and such price pestmark on both the envelope or wrapper and on the original receipt shallinchde packing unless otherwise speci6ed. A total shallbe entered frcm the U.S. Postal Service. If neither postmark shows a iegible date, in the Amount column of the Schedule for each item c6ered. In case the bid, rnodineation, or withdrawal shall be deemed to hase been of discrepancy between a unit price and extended price, the unit price rnailed late. (The term " postmark" means a printed, stamped, or other-will be presumed to be correct, subject, however, to correction to the wise placed impreuion (exclusise of a postage meter machine,2= pres-samt extent and in the sarne manner as any other mistake.
sion) that is readily ident:6able withcut funher acuan as haung been (d) Ofers for supp!ies or senices other than those specaned will not supplied and a:5cd on the date of mailing by empicyees of the U.S.
be censidered unicu authorized by the solicitation.
Postal Service. Therefore, oficrors should request the pestal clerk to (c) Offeror must state a deEnite time for delivery of supplies or place a hand cancelladon bui!'s-eye "postcari" en both the receipt for performance of senices unicss otherwise speci6ed in the solicitation.
and the enselope or wrapper.)
(f) Time, if stated as a number of days, will include Saturdays, (2) The time of receipt at the Covernment installation is the Sundays and holidays, time.date stamp of such instal:2 tion on the bid wrapper or other (g) Code boxes are for Cosernment use only.
documentary esidence of receipt rnaintained by the insta!!ation.
(d) Notwithstanding (a) and (b) of this provision, a ! ate roodiS.
- 1. EXF1.ANATION TO OFFERORS. Any exp?anation desired by an cation of an otherwise successful bid which rnakes its terms more offeror regarding the rneaning or interpretation of the sc, licitation, faserable to the Gosernment will be censidered at any time it is re-drawings, speciEcations, etc., must be requested in wridng and with ccised and may be accepted.
suscient time a!! owed fcr a reply to reach cferers before the sub-Note: The term "te:egrarn" includes mailarams.
mission ~cf their orfers. Oral explanatic ns or instructions given before the award of the centract will not be binding. Any information gisen
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND W THORAWALS OF PROPCSALS.
t3 a prispective oRernt ccncerning a solicitation will be furnished to all prowctiye offerors as an amendment of the w!icitation, if such (a) ny proposal receised at the of5ce desipated the solicita-informa:.:on is necessarv to offerors in submitting offers on the solicita.
tion art the esact time specified for receipt will n be considered tion or if the lack of such information would be prejudicial to un-unless it i receised before award is made, and:
infermed offerers.
(I) It was sent by registered or certified rnail. ot fater than the
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- 4. ACKNOWLEDGMENT OF AMENDMENTS TO 3OLICITATIONS.
an offer subm ted m rettnese to a schcitauo requiring receipt of' Rece,ipt of an amendment to a so!Icitation by an offeror rnust be offers by the 20. of the month must hase bee mailed by the 15th or zckn:=ledged (a) by signing and returning the amendment, (b) on earlier);
t by mail (or telegra if authorized) and it is ptge three of Standard form 33, or (c) by fetter or telegram. Such (2) It was se acinowbigment must be received prior to the hour and date specined determined by the overnment that the ate receipt was due solely fxt recxipt of offers.
to mishandling by th Cos ernment afte receipt at the Gosernment 3 #
l S. SUBMISSION OF OFFERS.
7 s the only p posal rece? ed.
l (a) Offers and modiScations thereof sha!! be enclosed in seafed (b) Any modi 6 cation or propo, except a modification resulting envehpa and addressed to the c5ce speci6ed in the solicitation. The from the Contracting 05cer re t for "best and Scal" offer, is sub-crieror sha!! show the bour and date speci6ed in the solicitation for ject to the same conditions as % )(1) and (a)(2) of this provision.
receipt, the sohcatation r. umber, and the name and address of the (c) A modificatior resulting om the Contracting 05cer's request offeror m the face of the envelope.
for "best and Enal" ufer recei e after the time and date specified in (b) Tefcgraphic cffers will not be considered unless authoriacd by the request will not be cons' cre unless received before award and the soEcitation; howescr, effers may be modified or withdrawn by the late receipt is due sole! to mis. ndling by the Government after written or telegraphic notice, provided such notice is received prior to receipt at the Covernrne installa do.
the hoor and date specified for receipt. (However, see paragraphs 7 (d) The only accept e evidence t establish:
i and 8.)
(1) The date of ai!ing of a late reposal or modiScation sent (c) Sampfes of items, when required, must be submitted within the either by registered c certified mail is th U.S. Postal Senice post-time specned, and unless otherwise specified by the Government, at mark on both the en clope or wrapper and o the original receipt from no expeme to the Cosernment. If not destroyed by testing, sampics the U.S. Postal Se ice. If neither postmark..ows a !cgible date, the will be returned at orTeror's request and crpense, unless otherwise proposal or mod'. cation sha!! be deemed to se been mailed late.
specified by the solicitation.
(The term " pus. nark" means a printed, starnpc or otherwise, piaced mpresdon) that is i
impression (e usive of a posta5e meter machine
- 6. FAIL 1JRE TO SUBMIT OFFER. If no offer is to be submitted, do readily ident: able without further action as having een supplied and i
l not return the solicitation unless othermse specified. A letter or post, afExed on t e date of mai!ing by employees of the U.. Pcatal Senice.
card shaIl be sent to the :ssuing ofSce advising whether future solic-Therefore offerors should request the postal clerk tc place a hand stations for the tpe of supphes or senices covered by this solicitation cancel!a ~on bulfs-eye " postmark" on both the receipt an the enselope are deired. Failure of the recipient to offer, or to notify the issuing or wra pe r.)
at the Government installa "on is the odica that future so,licytstions are desired, may result in removal of j.2) The time of receipt tim 7 ate stamp of such installation on the prooosal wraepe or other
- he nane of such recipient frcm the maihns list for the type of supplies d
vr servirrs covered by the solicitation.
documentary evidence of receipt maintained by'the insta[!adon.
sT A *e O A RD FO R h4 33-A (Rev. y0 33 Prewshd by CSA.1ML (el CTR) 1-16.101 9
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s Page 8 (e) Notwithstandir.g (a), (b), and (c), of this* provision, a late 35 45), the Contrae Work Hours Standards Act (40 U.S.C. 327-330),
modification of an otherwise success'ut proposal which ma'aes its terms and the Service Contract Act of 1965 (41 U.S C. 351-357) may be snore favorable to the Covemraent will be considered at any time it is obtained from the Department of Labor, Washincton, D.C. 20210, or recened and may be accepted.
frnm any regional of5ce of that agency. Requests fo'r information should (f) Proposals rnay be withdrawn by written or telegraphic notice include the solicitation number, the name and address of the issuing recened at any time pior to award. Proposals may be withdrawn in agency, and a description of the supolies er scrvices.
person by an offeror ce his authorized representative, provided his
. identity is made known and he signs a receipt for the proposal prior
- 13. SELLER'S INVOICES. Invoices shall be prepared and. mitted to award.
Note: The term "tdegram'* includes rnailrmns.
in quadruplicate (one copy shall be marked **origir.al") unless other-wise specified. Invoices shall contain the following information: Co n-
, Note: De alternate late proposals, modiScations of propo.afs and tract and order number (if any), item numbers, descrty on of supplies withdrawals of proposa s provision prescribed by 41 CFR I-3.802-2(b) or services, sizes, quantities, unit prices, and extended otah. Bill of t
shall be used in lieu of provision 8, if speciSed by the contract.
lading number and weicht of shipment will be shown for ahipments
- 9. DISCOUNTS.
made on Governrnent bills of lading.
(a) Notwithstanding the fact that a blank is presided for a sen (10)
- 14. SMALL BUSINESS CONCERN. A small business concern for the day discount, prompt pannent discounts oHered for payment within purpose of Goscrnment procurement is a concern, including its af5h-fess than twenty (20) calendar days will not be considered in esalu-ates, which is independently owned and operated, is not dornmant sa ating oFers for award, unless otherwise specified in the so!! citation.
the field of operation in wnich it is submitting oders on Cosermnent However, offered discounu of Irss than 20 days will be taken if pay-contracts, and can further qualify under the criteria concerning num-ment is rnade within the discount period, even though not considered ber of employees, aserage anr:ual receipts, or other criteria, as pre-in the evaluation of cEen.
senbed by the Small "usiness Administration. (See Code of Federal (b h connection with any discount cEered, tirne will be cernpuied Rerulatione, Title 13, Part 121, as amended, which contains detailed frorn)date of delivery of the supplies to carrier when delivery and ind'ustry dcEnitions and refated procedures.)
acceptance are at pont of origin, or from date of de!ivery at desti-nation or port of embarlation when delivery and acceptance are at
- 15. CONTINGENT FEE. If the offeror,1:r checking the apprcpriate either of those points, or from the date corrert invoice or voucher is box orovided therefor, has represented that he has emplo3ed or retained received in the o:8 ice :pecified by the Gosernment, if the fatter date a cor any or persen (other than a full tirne bona fide employee scrk-ia later than date of delhery. Payment is deerned to be rnade for the ing rolely for the oFeror) to solicit or secure this contract, or that he purpose of earning the discount on the date of mailing of the Govern-has paid or agreed to pay any fee, commission. percentage, or broleage ment check.
fee to any company or perron contingent upon or resultinc from the 10 AWARD OF CONTRACT.
award of this contract, he stall furnish, in duplicate, a compicte 5:and.
ard Form 119, Cuntractor's Statement of Contingent or Other Fees. If
(
De centract wC! be awarded to that responsible oderer wh se oderor has presiously furnished a cornpicted Standard Form !!9 to the o6cr nforming to the solicitation will be most adiantageous to he Govern. ent, pnce and ather factors censidered.
office issuing this solicitatior>. he rnay accompany his efTer with a s,igned statement (a) indicating when such comp cted forrn was previously (b). e Geernment rescrs es the right to reject any or a' oRers furr.ithed, (b) identif3ing by number the previous solicitation or cc,o-and to wa2 informalities and minor irrepilarities in effers re eived.
tract, if any, in connection with which such form was submitted, an,d (c) D e osernment may accept any item er group of i* ms of anY (c) representing that the statement in such form is applic.sb!c to tma oEer, uni,ss t orTervr qualines his offer bv specific limi. tions. UN.
oRer.
a LESS OTHER '!SE PROVIDED IN THE SCHEDt' E. OFFERS MAY BE SUEN TTED FOR ANY QUANTITIE LESS THAN 16 PARENT COMPANY. A parent ccmpany for the purpose of this THOSE SPECIF D: AND THE GOVERNME T RESERVES oRet is a enmpany which either owns or controls the activities and basic THE RIGHT TO. AKE AN AWARD ON A.'
ITEM FOR A business po!;cies of the offeror. To own another company racans the QUANTITY LESS. AN THE QUANTITY rFERED AT THE UNIT PRICES OFFEAID t*NLESS THE O rEROR SPECIFIES arent company must own at least a majerity (more than 50 percent)
OTHERWISE IN HIS FER.
f the soting rights in that company. To control another company, such
, d) A written award (o Acceptance of, fier) rna. led (or ot'her-ownership is not required; if another coropany is able to formulate.
(
i wise furm,shed) to the success 1 offeror wi.sn the time for acceptance determine, or veto basic business policy decisions of the oReror, such specified sn the orTer shall be emed to result m a binding contract other company is considered the parent company of the cJferere This control may be exercised through the use of dominant minority voting without further action by either rty.
De following paragraphs (e) th o h (h) apply only to negotiated rights, use of proxy voting, contractual arrar:gements, or otherwhe.
)
e Covernment may acce w' thin the time specified therein,
- 17. EMPLOYER'S, IDENTIFICATION NUMBER,. (Applicable only to I
any offer (or part thereof, as pr -ided (c) above), whether or not on the oder form,qns.) ne offeror shall insert in the applicabic spac advertised solicitat there are negotiations subseque to its re ipt, unless the offer is with, d he has no parent cornpany, his own, Employer e drawn by written notia rece' ed by the vernment prior to award.
IdentiScation humber (E..I. No.) (Federal Social Secunty h, umber If subsequent negotiations e conducted, t. y shall not constitute a used on Employer *: Quarterly Federal Tax Return, U.S. Treasury reject 2on or counter o6er n the part of the osernment.
Department Form 941), or,if he has a parent company, the Emp! oyer's (f) The right is re ed to accept other tha the Towest offer and Ident26 cation Number of his parent company.
to reject any or a!! off (g) ne Cosern as may award a centract, bas on initial ofTers
- 18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.
receised, without scu-sion of such oEers. Accordi. ly, each initial (a) Dis certification on the oEer form is not applicabic to a foreign I
offer should be s mitted on the most favorable term from a price ogeror submitting an offer for a contract which requires perfor:na or delivery outside the United States, iu possessions, and Puerto Ra,nce l
and technical o ndpoins which the offeror can rubmit t the Govern-cn.
i ment.
(b) An oder will not be considered for award where (a)(1), (a)(3),
l (h) Any.nancial data submitted with any offer hereune r or anY or (b) of the certi6 cation has been deleted or modified. Where (a)(2) representa 'on concernig facilities or financing will not fo. a part of the certi6 cation has been deleted or roodified, the oder will not be of any re alting contrars: prosided, however, that if the resulti.
co'n-considered for award unless the offeror furnishes -ith the offer a sigr:cd l
tract c tains a clause prWding for price reduction for defectis cost staterrent which sets forth in detail the circumstances of the disclosure l
or pr~ ng data, the carract price will be subject to reduction if st and the head of the agency, or his designee, deterTnines ths,t,such da.
or g icing data furnished hereunder is incomplete, inaccurate, or n closure was not rnade for the purpose of restricting compctation.
current.
- 11. GOVERNMENT FURNISHED PROPERTY. No material, labor, or
- 19. ORDER OF PRECEDENCE. In the event cf an incensistency be.
facilities will be furnia.ed by the Government unless otherwise prt>
tween provisions of this solicitation, the inconsistency shall be remhed sided for in the solicitatinn.
by giving precedence in the following order: (a) the Schedule; (b)
Solicitation Instructions and Conditions; (c) General Provisiens; (d)
- 12. LABOR INFORMAflON. General inforTnation regarding the re.
other provisions of the contract, whether incorporated by rrfertnce or quarements of the Wahh-rfcaley Public Contracts Act (41 U.S.C.
otherwise; and (c) the speci6 cations.
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$7ANDARO FORIJ 23-A D eck (Rev.1-70 l
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Page 9 PART II - (Continued) i B.
NOTICE TO BIDDERS 1.
Notice of Reouirement to Certify Nonsegregated Facilities Bidders are cautioned as follows:
By signing this offer, the bidder will be deemed to have signed and agreed to the provision of the " Certification of Nonsegregated Facilities" contained on page 3 of this solicitation.
Failure of the bidder to agree to the certification of nonsegregated facilities may cause his bid to be rejected as non-responsive.
2.
Bid Identification Mailing envelopes shall be marked with the IFB number as specified on Page 1, Block #2 of this solicitation.
The IFB number should also be referenced in your cover letter and on each page of you bid.
3.
Estimated Reauirements The quantities shown for each item of service listed in SectionE of this Solicitation are estimates of the amount of work which may be required and ordered hereunder.
If such requirements of the Commission fail to materialize for the quantities estimated, such failure shall not constitute grounds for equitable adjustment hereunder.
4.
Cost of Bid Preparation This solicitation does not commit the Government to pay any costs incurred for the preparation of bids or for any studies or analysis that may be conducted in the preparation thereof; nor is the Government committed to procure or contract for the articles or services described under Part III of this solicitation.
l S.
Award Notification All bidders will be notified of their final selection or nonselection as soon as possible following the completion of the formal NRC bid opening and subsequent detailed examination of bids and conduct of responsibility checks.
Formal notification of nonselection to unsuccessful bidders will be made following contract award to the successful bidder.
6.
Availability of Funds Funds are not presently available for this procurement. The Government's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the Government for payment of any money shall arise unless and until funds are made available to the Contracting Officer for this procurement and notice of such availability, to be confirmed in writing by the Contracting Officer, is given to the Contractor.
Page 10
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7.
Ninimuin Bid Acceptance Period Bids offering fewer than 90 days for acceptance by the Government from the date set for opening will be rejected as non-responsive.
8.
Prices _
Bidders must insert a definite crice or indicate "no charge" in the hing space provided for each item and/or subitcin listed in Article I hereof.
4 Unless expressly provided for herein, no additional charge will be allowed for work performed under the contract other than the unit price stipulated herein for each such item and/or subitem.
9.
Other contractual Ccmmitments The bidder shall list any, commitments with agencies, Government or private, and indicate whether these commitments will or will not interfere with the completion of work and services contemplated under this solicitation.
10 Type of Contract ard General Provisions It is contemplated that a fixed price requirements contract will be awarded.
The contract will include all applicable items and conditions as rescribed Standard Form 32, General provisions by.the Federal Procurement Regulations.
(4/1/82 edition) are attached hereto and form a part of any resultant contract.
II.
Additional-Failities or Property contemplates acquiring additional facilities or In the event the bidder property in the performance of this work, such facilities or property shall be separately identified.
I 12 i.isting of Emolownent Openings (FPR l-12.1102-2)
Bidders should note that this solicitation. includes a provision requiring the listing of employment openings with the local office of the Federal-State employment service system where a contract award is for $2,500 or more.
13 Commitment of Public Funds The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this Any other commitment, either explicit or implied, is invalid.
procurement.
14 Nondiscrimination Because of Age (FPR l-12.1001)
It is the policy of the Executive Branch of the Government that (a) Contractorsin and Subcontractors engaged in the performance of Federal contracts shall not, connection with the employment, advancement, or discharge of employees or in connection with the terms, condif.fons, or privileges of their enployment, discrim-inate against persons because of their age except upon the basis of a bona fide i
occupational qualification, retirement plan, or statutory requirement, and (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 enployment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
PUBLIC AFFAIRS INFORMATION Page 11
. l'5.
. Bidder Qualifications and Past Experience e
(a) Before a bidder is. considered f or award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organ.ization,' financial resources, and plant aviilable to be used in performing the work.
(b) The Government reserves th'e right to have a representative or representatives inspect the plant of any bidder prior to awarding the contract for the purpose of ascertaining if the plant and equipment of the bidder afford the proper facilities for producing work which will meet the requirements, specifications, and provisions of this solicitation.
(c) Siddar shall list three (3) previcus/curr:n: centracts for the sar.e or similar products:
This information will assist the Contracting Office'r in his/her Determination of Responsibility.
Failure to provide this inforTaation will not necessarily result in an unfavorable Detennination of Responsibility.
t1) Contract No.:
NRC-06-80-681 t'a::e and address ai U.S. NUCLEAR REGULATORY COMMISSION g
1455 MONTGOMERY BETHESDA, MARYLAND 20814 Foint of Cenact and Telephone Number:
MS. MINDY LANDAU (2) Centract No.:
ORD. NO. 10170 Na=e and address of Govern =ent Agency or BUREAU OF HEALTH EDUCATION N
Cc=ercial Entity:
CENTER FOR DISEASE CONTROL l
Z.TLANTA, GEORGIA 30333 Point of Contact and Telephcne Number:
NADINE WILLIAMS 404-329-1'> M (3) Contract No.:
l l
Name and acdress of f
Govern::.en: Agency or l
Camerical Entity:
WESTINGHOUSE ELECTRIC CORPORATION l
1801 K STREET, NW WASMTNnTON_ n F_
Foint of Centact and Telephcne Numcer:
MS. SHARON NORTON l
833-5964 l
l Additional information will be supplied to the Contracting Officer upon i
request.
t
Page 12 16.
Bid Evaluation A.
Bids in response to this IFB shall set forth full, accurate, and complete information as required herein. The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.
B.
Bids will be evaluated for purposes of award by first ascertaining the sum of the proposed total amounts for each of the basic year and option year line items contained on Page 14' of this solicita-tion. To this " Total Bid Amount" will be applied any due consid-eration for discounts offered in Block No.16 on Page 1 of this IFB.
(See Part II, A. " Solicitation Instructions and Conditions,"
" Discounts.") This will constitute the bidder's " final bid amount."
C.
Any bid which is materially unbalanced as to prices for the separate items specified on Page 14 of this IFB may ba rejected l
as ncnresponsive.
Such an unbalanced bid is defined as one which is based on prices which, in the opinion of MRC, are significantly less than cost for some work and/or prices that may be signifi-cantly overstated for other work.
Award will be made to that responsive, responsible bidder within D.
the meaning of Federal Procurement Regulation 1-1.12 whose total bid amount, as set forth by the bidder in the appropriate blank of Page 14 of this IFB, after NRC consideration of any applicable discount, constitutes the icwest overall evaluated final contract price to the Government based upon the requirements as set forth in the schedule.
Notwithstanding Part II, Paragraph 10. " Award of Contract", the E.
award of any contract resulting from this solicitation will be made on an "all or none" basis. Thus, bids submitted on fewer than each of the items listed on Page 14 of this IFB, or on fewer of the estimated quantities for one or more of the items will cause the bid to be rejected as nonresponsive.
Bids con-Separate charges, in any form, are not solicited.
F.
taining such charges for discontinuance, termination, failure to exercise an option, or for any other purpose will cause the bid to be rejected as nonresponsive.
A preaward onsite survey of the bidder's facilities, equipment, 1
G.
etc. in accordance with FPR l-1.1205-4 may be made by representa-tives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FPR l-1.12 and whether the hidder possesses qualifications that are conducive to the production of work that will meet the requirements, Also, if specifications, and provisions of this contract.
requested by the Commission, the prospective contractor may be required to submit statements within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> after such request:
(i) concerning!their ability to meet any of the minimum standards 1-1.1203. (ii) samples of work, and (iii) the set forth in FPR names and addresses.of clients, Government agencies and/or commercial firms which the bidder is now doing or has done business with.
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1 Page 13 l
- 17. Subcontracts _
plans to subcontract any of the work to be performed.
Protide a detailed If the bidder list proposed subcontractors if kocwn by name.
breakdown of specific work to be subcontracted and the approxi. mate cost involved.
Labor Surolus Area Fracram Recuirements 18.
bidder In keeping with the Federal Labor Surplus Area Program, the is required to provide information on the general econcmic conditions of the area in which subcontrar. tors are located, exact location of subcontractors (state, city, county), and the unecployr.ent rate for the
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area, if know.
1 l
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TLbLIC AFF AIRS II2FORMTION uc4 gcr au. m. or ooc. u: O cc m.
stu wo m><u.us;me CONTINUATlON SHEET IFB-RS-0SP-83-266 14 c:-r e,4 sinnen a:-~.:.runoa
. n. n oc. u c. in ce n i.i..ioi w=2 C? Of f!80s 04 CCMLACIC4 CUANitTY UNIT UNif f 2lCf A#o".%7 Surrit!5/5f aviCIS ti'A NO.
lPART III - CONTRAC7 SCHEDULE ARTICLE I - SUPPLIES / SERVICES / PRICES
^ Lot il Subscription For State Legislative Reporting Service, I-Hard Copies of Nuclear / Atomic related Legislation as further described in Article II, Section A.1 12 MONTH (1983 Legislative session)
Subscripti on N/A
$ 17,400 Estimated Additional categories as further described in
}
10 EA 23 23o 2.o Article II, Section A.2 Computerized !1onitoring and Tracking Service Estimated 3.
as further described in Article II, Section A.3 102 HRS 51
$ 5,202 Users Guide as further described in Article II, Estimated 4*
7 EA
$ no charge
$ no charoe Section A.4
$ 22.832 TOTAL BID AMOUNT FOR BASIC YEAR Lot l'2 Subscription For State Legislative Reporting Service, 1.
12 MONTH s
Hard. Copies of Nuclear / Atomic related Legislation as further described in Article II, Section A.1 Subscript ion N/A
$ 17,400 (1984 L gislative session)
Estimated Additional categories as further described in 10 EA 23 230 2*o Article II, Section A.2 Computerized Monitoring and Tracking Service Estimated
$ 5.202
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as further described in Article II, Section A.3 102 HRS 51 3.
$ 22.e32 TOTAL BID AMOUNT FOR OPTION YEAR.............
TOTAL ESTIMATED AMOUNT FOR BASIC AND OPTION YEARS.....
........... '.$ 45,664
- A one time charge for the duration of the contract s
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Page 15 ARTICLE II - STATEMENT OF WCRK GENERAL The Nuclear Regulatory Commission's (NRC) Office of State Frograms requires timely copies of all initiatives, referenda and bills introduced, Passage or defeat Notices, Governor action and final law copies for all State Legislation from each of the fif ty (50) states for Atomic / Nuclear energy related legislation in hard copy form.
A.
SPECIFICATIONS The contractor shall furnish all necessary qualified personnel, facilities, equipment and materials to perform the following:
1.
SUBSCRIPTION FOR STATE LEGISLATIVE F.E?ORTING SERV!CE The contractor shall furnish to the NRC hard copies of all State initiatives, referenda and bills introduced, all amendments made to those bills, final disposition of all bills and final law cocies of all bills enacted into law during the 1983 Legislative Session, including the prefiling period, and subject to the exercise o# the ootion, the prefiling period for the 1984 Legislative Sessinn, the 193 4 Legislative Session, and the prefiling peried for the 19ES Legislative Session, that falls into any of the following twenty (20) categories.
Categories
- 1. Emergency Preparedness nuclear accidents, incidents accidental radiation release State radiological emergency preparedness plans response plans for radiological transport accidents l
^
evacua tion emergency response emergency services I
- 2. Radiation control ionizing dose rates ex posu re l
health effects standards certification of radiation health inspectors training requirements
- 3. Nuclear Power Plants ceneral 5ccatorium on construction or operation site, facility, loca tion requirements l
regulation decontamination
Page 16
- 4. Decommissioning all nuclear facilities bonding and perpetual care
- 5. Insurance radia tion and a tomic/ nuclear energy hazards bonding and perpetual care liability S. Power Plant Siting general energy centers stea electric generating zoning zoning codes /regula tion need for power
- 7. Transportation of Radioactive Materials general regula tion of ban on routing packaging notifica-ion of s;:ent fuel, low-level waste, and all other radioactive materials
- 3. Radioactive Waste, Handling, and Financial MarIagement bans and contingent bans on disposal facilities financial waste canagement temporary storage facilities for both high and low-level radioactive waste i
biomedical and scintillation waste high-level was te
- 9. Low-level Waste for Shallow Land Burial Management This subject applies to items specifically related l
to the management of permanent shallow land burial of radicactive waste.
- 10. Low-Level Was te Compac ts Activities that relate to interstate low-level radioactive waste l
compacts.
- 11. 'Jeanium Mining and Milling bans and contingent bans on uranium mining and/or milling activities bonding and percetual care of these facilities financial nanagement other items generally; related to this subject
Page 17 L,
- 12. High-Level Waste Management This subject applies to items specifically related to the i
management of deep geologic disposal of high-level radio-active waste.
1 f
- 13. Safeguards and Physical Security nuclear power plants reprocessing facilities
+
fuel fabrication facilities transportation of radio-uranium enrichment facilities active materials l
uranium mining and milling facilities security clearances - not -
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temporary waste storage facilities a facility test reactor or laboratory facilities 14 Environmental Controls radioactive emissions into air and water radiological envircr. mental monitcring surveillance
!and use regulation and clanning environmental quality environmental impact statements i
- 15. Agreements Cooperation with States, especiaily under Section 274, Atemic Energy Act, as amended.
Interstate and regional energy comcacts, such as the Western l
Interstate Energy Compact and the Southern States Energy Board; and (does not include low-level radioactive waste interstate ccmpacts, see special category for this itgm.)
- 16. Legislative and Executive Branch Activities commissions 3
committees councils task forces i
studies i
other activities, as appropriate
- 17. Energy Offices - Activities tha t relate to:
planning conservation need for power 1
- 18. Health Departnent, Authorities and Responsibilities radiological control Nuclear safety i
- 19. Public Utility Commission (or Public Service Commission) subjects related to nuclear power, such as need for power and ratemaking and related PUC activities i
- 20. General Miscellaneous cat'egories related to nuclear. power that are unlisted.
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Page 18 l
I The hard copies, which shall be delivered to the NRC within five (5) business days' of the contractor receipt, shall include a) notification of legislation i
introduced, amended, passed, defeated or enacted into law; b) name of the State, bill number, date of legislative action, companion bills, and a summary of the legislation.
The summary of each piece of legislation shall include a description of the legislation which captures all the major points of the legislation. A one line descriptiva title is not acceptable.
( A sample summary is included as Attachment No. 111.)
The hard ' copies shall be original copies of bills as produced by the individual State.
The contractor shall adhere to a strict screening procedure which shall provide NRC with only legislative material that falls under the twenty (20) categories set forth above.
Legislative material that does not fall under one of the above categories or that is simply broad based information are not acceptable and q
will be rejected.
2.
ADDITIONAL CATEGORIES During the duration of this contract, the NRC m&y request the contractor to add to the existing twenty (20) categories set forth above, additional ones that need to be monitored.
Hard copies will be furnished to the NRC in accordance with the specifications described in Section A.1 above.
The Cc.mputerized Monitoring and Tracking Service described in A.3 below, shall be expanded to' provide coverage for any additional categories requested by the NRC.
The Contractor will be notified of such request.by modification to the contract.
The Contractor shall only furnish pertinent material that is acquired following the effective date of the modi fica tion.
NRC will not require the Contractor to furnish material they have acquired prior to that date.
The Contractor shall furnish the NRC within five (5) business days of their receipt, hard copies of such Legislation.
Hard copies will be furnished in accordance with the specifications described j
in Section A.1 above.
The Computerized Monitoring and Tracking Service described in A.3 below snail be expanded to provide coverage for any legislation npt' included in the twenty (20) categories specified herein.
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Page 19
_CC"PUTERIZED MONITOR'ING AND TRACKING SERVICE 3.
The Contractor shall provide to the MRC access to an existing system that provides a computerized T.onitoring and tracking service for the 1983 Legislative Session, which shall include the prefiling period, and subject to the exercise of the cotion, the crefilino period for the 1984 Legislative Session, the 1984 Legislative Session and the prefiling period for the 1985 Legislative Session, for the following twenty (20) categories of State Legislation:
Categories:
- 1. Emergency Preparedness nuclear accidents, incidents accidental radiation release State radiological emergency preparedness plans response plans for radiological transport accidents potassium iodide evicuation emergency response emergency services
- 2. Radia tion control ionizing dose ra tes ex posure health effects s ta ndards certification of radiation health inspectors training requirements
- 3. Nuclear Power Plants general moratorium on construction or operation site, facility, loca tion requirements regulation decontamina tion
- 4. Deccmmissioning all nuclear facilities bonding and perpetual care S. Insurance radiation and atomic / nuclear energy hazards bonding and perpetual care liabil i ty
- 6. Power Plant Siting general energy centers steam electric genera ting zoning zoning codes / regulation need for power
- i.*
page 20
- 7. Transportation of Radioactive Materials aeneral
~
regulation of ban on routing packaging notification of spent fuel, low-level waste, and all other radioactive materials
- 8. Radioactive Waste,' Handling, and Financial Management bans and contingent bans on disposal facilities financial waste management temporary storage facilities for both high and low-level radioactive waste biomedical.and scintillation waste j
high-level waste
- 9. Low-level Waste for Shallow Land Burial Management This subject applies to items specifically related to the management of permanent shallow land burial of radioactive waste.
1 l
- 10. Low-level Wa s te Compacts Activities tha t relate to interstate low-level radioactive waste compacts.
- 11. Uranium Mining and Milling bans and contingent bans on uranium mining and/or milling activities bonding and perpetual care of these facilities financial management other items generally related to this subject
- 12. High-level Waste Management This subject applies to items specifically related to the management of deep geologic disposal of high-level radio-active waste,
- 13. Safeguards and Physical Security nuclear power plants reprocessing facilities fuel fabrication facilities transportation of radioactive uranium enrichment facilities materials uranium mining and milling facilities security clearances - not a temporary waste storage facilities facili ty test reactor or laboratory facilities
/
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Page 21
- 14. Environmental Controls radioactive emissions into air and water radiological enviror. mental monitoring surveillance land use regulation and planning environmental quality environmental impact statements
- 15. Agreements Cooperation with States, especially under Section 274, Atomic Energy Act, as amended.
Interstate and regional energy compacts, such as the Western Interstate Energy Compact and the Southern States Energy Board; and (does not include low-level radioactive waste interstate compacts, see special category for this item).
- 16. Legislative and Executive Branch Activities commissions committees councils task forces studies other activities, as appropriate
- 17. Energy Offices - Activities that relate to:
planning conservation need for power
- 18. Health Department, Authorities and Responsibilities radiological control Nuclear safety
- 19. Public Utility Commission (or Public Service Commission) subjects related to nuclear power, such as need for power and ratemaking and related PUC activities
- 20. General Miscellaneous categories related to nuclear oower that are unlisted.
Specifically, the service shall provide NRC as soon as possible, but not more than four (4) business days af ter legislative action, a data base which includes the following information:
A)
Notification of legislation introduced, amended, passed, defeated or enacted into law.
B)
Notifications shall include the name of the State, bill number, date of introduction into the legis}ature, sponsor, committee assignments, ccmmitttee reassignments, committee action, fl.oor action, governor action, final disposition, adjournments, companion bills, and a summary of the legislation
.,all in an organized easy to read format.
j
Page 22 C)
The summary of the legislation shall include a description of the legislation which captures all the major points of the legislation.
A one line descriptive title is not acceptable.
(Sample summary included as Attachment III.)
D)
The legislative summary must include a description of any amendments to the bill which substantially alter the text of the bill.
E)
Effective date of bills enacted into law.
On-line services described herein shall be made available to the NRC five (5) days per week, Monday through Friday, between the hours of 8:00 a.m., and 5:00 p.m., Eas tern Standard Time.
The contractor shall adhere to a strict screening and categorizing
~
procedure for the above referenced categories of State Legislation such that only pertinent legislative material appears in the Contractor's data base files and that such material appears in the appropriate ca tegori es.
4.
USERS GUIDE The contractor shall provide to the NRC seven~ (7) users guides that will clearly and adequately instruct non-computer oriented individuals on how to access the computer system via a dial-up telecommunications link. Additional information to access the contractne's isystem shall be provided as needed by telephone by the contractor at no additional cost to the 'overnment.
5, ' AFFIRMATION OF EQUIPMENT COMPATIBILITY
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'The contractor shall affirm 'in writing, submitted with his bid, that the system to be utilized on this requirement can provide on-line service using a Design 100 Cleantype 45 tenninal owned by the NRC, and have precise and efficient sort capability by State, Bill number, date of introduction into the legislature, date of entry into the Contracton's data base and subject, a
A Design 100 Cleantype 45 terminal is compatible with Public Affairs Information's computer and database. The PAI system also contains precise and efficient sort capability by State, Bill number,,date of introduction into the legislature, date of entry into PAI's database and subject.
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- ' ARTICLE III - PERIOD OF PERFORt'AtiCE Performance shall cover. all initiatives, referenda and bills introduced, passage or defeat notices, Governor's actions and final law copies that occur through December 31, 1983.
The period of performance of work described in Article II hereof shall be from January 1, 1983 through January 6, 1984.
The foregoing delivery requirements are based on the assumption that the successfull bidder will receive that notice of award by January 1, 1983.
The Government will extend each delivery date in the delivery schedule setforth herein by the number of calendar days after the above date that the contractor receives notice of award, if the contractor promptly acknow-ledges such receipt.
ARTICLE IV - OPTI0t{ TO EXTEND THE PERIOD OF PERF0fb'.AtiCE The Government may, at any time within ' twelve (12) months after the award date of this contract, extend the contract for a period of twelve (12) months and require the contractor to furnish all or any part of Option Year items listed in Article to the places and at the prices set forth herein.
This option shall be exercised, if at all, by modification or telegraphic notice signed by the Contracting Officer and forwarded to the contractor within the twelve (12) month period specified above.
The Government may give preliminary notice of its intent to exercise this option at least thirty (30) days before this contract is to expire.
Such preliminary notice shall not be deemed to ccmmit the Government to renewal.
If the Government exercises the ootion for enewal, the total duration of this contract, including exercise of the optict nder this clause, shall not exceed twenty-four (24) months.
Specifications fo. Jption Year items are identified to basic year items specifications.
ARTICLE Y - TECHNICAL DIRECTION AtiD AUTHORIZED REPRESENTATIVE is hereby designated as the Contracting Officer's Project Officer (PO) for technical aspects of this contract.
The PO is not authorized to approve or recuest any action which results in or could result in an increase in contract costs; or terminate, settle any claim or discute arisino under the contract, or issue any unilateral directive whatever.
The P0 is responsible for:
(1) monitoring the contractor's technical progress, including the surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2), interpreting scope of work; (3) performing technical evaluation as required; (4) performing technical inspec-tions and acceptances required by this contract; and (5) assisting the con-tractor in the resolution of technical problems encountered during performance.
Wi'hin the purview of this authority, the PO is authorized to review all costs requested for reimbursement by contractors and submit recommend.ations 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.
ARTICLE VI - INSPECTION AND ACCEPTANCE A.
Inspection of the services and deliverables called for hereunder shall be
.perfonned by the Project Officer.
B.
Acceptance of the services and deliverables called for hereunder shall be acccmplished by the Contracting Officer, or the Project Officer.
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c. -
Page 24 ARTICLE VII - PRESERVATION /PACKAGIflG/ PACKING All materials delivered under this contract shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration an damages due to hazards pf shippment, handling, and storage shall be accomplished in such a, manner as to insure safe delivery at d Such packaging ARTICLE VIII-SU8 CONTRACTS FOR WORK OR SERVICES No contract shall be made by the contractor with any other party for fur i hi any of the work or services required herein without the prior written approval ns ng of the Contracting Officer.
This provision shall not be construed, however, as requiring the prior approval of contracts of employment between the contra and personnel assigned by the contractor to provide services hereunder ARTICLE IX - DELIVERY s
All deliveries described herein shall be mailed to the following address:
U.S. Nuclear Regulatory Commission Office of State Programs Attn:
Assistant Director for Program Development Washington, DC 20555 ARTICLE X - ESTIMATED REQUIREMENTS The quantities shown for each iten of service listed in Article I of this solicitation are estimates of the amount of work 'which may be required and ordered hereunder.
such requirements of the Commission fail to materialize in the quantities estima If such failure shall not constitute grounds for equitable adjustment hereunder.
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ARTICLE XI - GENERAL PROVISIONS
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This contract is subject to the Fixed Price Supply Contracts General Provisions, dated 4/1/82, which incorporates the Standard Form 32 (Rev. 4-75) General Provisions and FPR Changes and Additions to Standard Form 32 General Provisions -
(June 1972), attached hereto and made a part hereof by this reference.
ARTICLE XII - PAYMENTS A.
In the absance of a discount, the contractor shall be paid upon the submission of a proper and correct invoice or voucher in apprcximately thirty (30) days after submission or date of celivery, whichever is later, the prices stipulated in Article 4~ forsu: plies delivered and accepted, as herein previoed.
S.
If this contract provides for a discount, the contractor shall indicate the contract's disceuht terms (51cck 15 of Page 1) on the face page of the invoice or vcucher.
C.
Addit'ional provisions relating to payment are contained in Article of the General Provisions.
ARTICLE XIII - TOTAL AMOUNT OF CONTRACT The total estimated fixed amount of this fixed price requirements contract is S
- To be incorporated into any resultant contract.
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Page 26 ARTICLE XIV - CONFLICT OF INTEREST (a) Purpose. The primary purpose of this article is' to aid in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its perfo'rmance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR %20-1.5a02(f) in the activities covered by this article.
(c) 'Jork for athers.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or crganization, 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 empicyees who are emolayed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this article.
If the contractor believes with respect to itseif or any such employee that any proposed c:nsultant or other contractual arrangement with any firm or organizatica may involve a potential conflict of intere.st, the contractor shall obtain the written approval of the Contracting Officar prior to execution of such contractual arrangement.
(d) Disclosure after award.
1 (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 920-1.5402(a).
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(2) The contractor agrees that if af ter award it discovers organiza-l tional conflicts of interest with ' respect to this contract, it l
shall make an innadiate and full disclosure in writing to the
(
Contracting Officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termina-tion 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 prctected by the Privacy Act of 1974 (Pub. L.93-579), or data phich has not been t
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i Page 27 released to the public, the contractor agrees not to:
(i) use 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 after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation 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 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 s20-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and " Contracting Officer,"
shall be appropriately modified to preserve the government's rights.
(g) Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required i
to be disclosed concerning this contract or for such erroneous representations l
as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Wa i ver.
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 s20-1.5411.
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ATTACHMENT 1 BILLING INSTRUCTICNS FOR FIXED PRICE CONTRACTS 39
']
General: The contractor shall submit you'chers or invoices. as prescribed herein.
J Form: Claims shal) be submitted on the payee's letterhead, invoice, or on the
.I Government's Standard Form 1034, "Public Voucher for Purchases and Scryices Other Than Personal," and Standard Form 1035, "Public Voucher for Purchases Other Than e
Personal -- Continuation Sheet." These forms are available frca the Government f
Printing Office, 710 North Capitol Street, Washington, CC 20801.
1]
Number of Cooies and Mailing Address: An original and six (6) copies shall be 4
sucmittec to NRC offices identified below.
4 3l final acceptance for services rendered or products delivered in performance of Frecuency: The contractor shall submit an invoice or vcucher only after NRC's i
the contract unless otheraise specified in the, contract.
rrecaration and Itemization of the Voucher: The voucher shall be prepared in ink cc by typewriter (without strikeovers) and correcticas or erasures must be initialed.
It must include the following:
4 I
a.
Payor's name and address.
b.
Vaucher number.
i c.
Date of voucher i
d.
Contract number and date e.
Payee's name and address.
(Show the name of the contractor and its correct y
i address, except when an assignment has been made by the contractor or a j
different payee has been designated; then, insert the name and address of j
the payee.)
a f.
Description of articles or services, quantity, unit price, and total amount.
g.
Weight and zone of shipment, if shipped by parcel post.
T h.
Charges for freight or express shipments, and attached prepaid bill, if f
shipped by freight or express.
- i. Instructions to consignee to notify Contracting Officer of receipt of shipment.
g a
f.
Final invoice marked:
" FINAL INVOICE" 1
l Address the original voucher (with four (4) ccpies) to:
)
US Nuclear Regulatory Commission 3
Office of Resources Management
?
Division of Accounting and Finance j
ATTN: GOV /COM ACCOUNTS Vashington, D. C.
20555 j
Address two (2) copies to:
j US Nuclear Regulatory CcmmissiAn i
ATTN:
Mary Jo Mattia, Contracting Officer, ACB Division of Contracts i
Washington, CC 20555 The originar cooy of the voucher should indicate that two (2) coofes.have been.
forwarced to the Contractino Of ficer.
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Currency: Billings may be expressed in the currency n'ormally used by the contractor in j
maintaining his accounting records and payments will be made in that currency.
However, the U.S. dollar eEui'Ialent for.all 3
invoices oaid gn authorized in the contrace. der the contract may i
not exceed the total U.5.
o1 ar 1
1 i
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__'__.,.,.__7, ATTACHMENT 2
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PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organi:ational 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, 58 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Ccmmission (NRC) 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 cay give rise to actual or potential conflicts of interest in the ever.t of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples.are provided in these regulations to guide application of the policy., NRC contracting and program official 3 must be alert to other situacions 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 C0mpetitive advantage?
(c) The conflict of interest rule contained in this suboart aoolies to con ractors and offerers only.
Incividuals or firms who have other relat-ionshios with NRC (e.g., parties to a licensing proceecing) are not covered by ;his regulation.
This rule does not appiy to the accuisition of consulting services through the personnel apacintment orocess, NRC
,o 7590-01 agreemcats with other guvernment agencies, international organizations, or state, local or foreig gcvernments; separate procedures for avoiding conflicts of interest will ce employeo in such agreements, as appropriate.
120-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists unereby a contractor or prospective contractor has present or e
planned intarests related to the work to be performed under an NRC contract which:
(1) May diminish its caoacity to give impartial, technically c
sound, ocjective assistance and advice or may otherwise result in a
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biased work proouct, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, er experimentation.
(c) " Evaluation activities" means any effort involving the appraisal of a tecnnology, process, product, or policy.
(d) "!cchnical consulting and management support services" means internai assistance to a ccmponent of the NRC in the fannulation or acministration of its programs, projects, or policies which normally repuire the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assittance in the preparation of program plans; an.d preparation of-preliminary designs, spec 1fications, or statements of work.
(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, firm, unincorporated association, joint venture, co-spons.or, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of eacn otner 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 !1-1.606-1(e)).
( h )' " Subcontractor" means any subcontracter of any tier which performs work under a contract with the NRC except subcontracts for sucolies and subcontracts in amounts of 510,000 or less.
(i) "Prosoective contractor" or " offeror" means any person, firm, anincorporated association, join venture, cartnersnip, corporation, or af filiates :nereof, including its chief executive, cirectors, key personnel
, centified in tne croposal), procosed censultants, or subcontractors, suomitting a cid or proocsal, solicited or unsolicited, to tne NRC to cetain a contract.
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7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise frcm award of a proposed contract.
The term " 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 performance.
I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest c
(a) General.
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which mignt bias a contractor's judgment in relation to its work for the NRC?
(2) May the contractor be given an unfair comoetitive 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 common sense and good business judgment based upon tne relevant facts disclosed and the work to be performea.
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 relationsnips which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose information concerning relationsnips 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 arec to any organization regulated by the NRC.
l (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in whicn it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or l
services, or the oroducts or services of another entity where the. offeror l
or contractor has been suostantially involved in their deveicoment or ma rke ti ng.
t (iv) Where the award of a contract would otherwise result in l
Placing tne offeror or contractor in a conflicting role in wnich its l
judgment may be Diased in relation to its work for the NRC or may otnerwise l
result in an unfair ccmcetitive advantage for the offeror or contractor. -
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7590-01 (2) The contracting officer may recuest specific information from an offerer or contractor or may require special contract provisions such as provided in 120-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares soecifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor precares plans for specific aporoaches or methodologies that are to be incorporated into comoetitive procurements using such approaches or methcdologies.
(iii) Where the offeror or contractor is granted access to infonr.ation not available to the oublic 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 procrietary information of its competitors.
(v) Where the award of a contract mignt 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) Example.
The XYZ Corp., in response to a reouest 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 resconse to the incuiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work normally would not be ' awarded to 15e XYZ Corp. because it would be placed in a position in which its judgras;*. could be biased in relationship to its work for l
NRC. Since there ar^ other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Examole. The ABC Corp., in resconse to a RFP, proposes to perform certain analyses of a reactor comoonent whicn are unique to one type of advanced reactor.
As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various i
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 cocoany to perform the work outlined in the RFP.
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7590-01 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 perfonnance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of caerating problems in a certain type of cor=ercial nuclear facility, it is imperative that NRC secure specific data en various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consecuently, that company is the only one with wncm 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 reactor's design and thus the comoany's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in tenns of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy l
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 ccmconent's performance for the purpose of developing standards that are important 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 eyaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract sticulates 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 wnich is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an l
unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will sticulate that the contractor will inform the NRC contracting l
l officer of all situations in wnich the information developed under the contract is proposed to be used.
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o 7590-01 (5)
Example.
The ABC Ccrp., 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 120-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological 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 520-1.5405-1(c) would preclude ABC Corp. from accepting work during the term -
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 tne performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organi:ational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarced on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure. The following organizational conflicts of interest reoresentation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consultino and manacement support services; l
(3) research; and (4) other centraciual situations where. special organizational conflicts of interest provisions are noted in the solicitation and would be included in t.ie resul ting contract.
This reoresentation recuirement 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 snall be required.
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l 7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to Public Affairs of a' on act or the modification of an existing contract does ( ) or does not Q( involve situations or relationships '
of the type set forth in 41 CFR 5 20-1.5403(b)(1).
g (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 500-1.5403(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 represen.'ation to the contracting officer.
If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(i) 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 i
States to seek award of the contract under the waiver provisions of 120-1.5411.
(2) The refusal to provide the representation required by 520-1.5404(b) or upon request of the contracting officer the facts required by 520-1.5404(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 l
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 provided by law or the resulting contract.
t (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 conta.ined 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 NRu considers the proposen excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment l
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 j
by subsection (b) above with respect to invitation for bids will be ennsidered to be a minor informality, and the offeror will be permitted to correct the omission.
i 20-1.5405 Contract clauses 5 20-1 5405-1 General contract clause 9
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7590-01 All contracts of tne types set forta in i20-1.5404(b) shall include the following clauses:
(a)
Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because af current or planned interest (financial, contractual, organizational, or etnerwise) which relate to the work under this contract, and (2) coas not cotain an unfair comoetitive advantage over other parties by virtue of its cerformance of this contract.
(b) Scope.
The restricticas described herein shall apoly to oerformance or particioation by the contractor as defined in 41 CFR i 20-1.5402( f) in the actitities ccvered by this clause.
(c) Work for others. Notwithstanding any other provision of this contract, during tne term of this contract, the contractor agrees to forego 2ncering into consulting or otner contractual arrangements with any firm or organiza tion, the result of which may give rise to a conflict of interest rith respect to tne work being perfomed under this contract.
The contracter shall ensure tnat all emoloyees who are employed full time under this ccatract and employees designated as key personnel, if any, under this cantract abice by the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposea consultant or otner tontractual arrangement with any firm or organization may invol te a cotentia! : cflict of interest, the contractor shall obtain the sritten acorcval of tne contracting officer prior to l
execution of such contractual arrangement.
(d) Disclosur? after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth i
in this contract, it dces not have any organizational conflicts of l
interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an Irm:ediate and full disclos re in writing to the contracting officer.
This statement shall include a cescr!ction of the action which the contr3c:ar has taken or procoses to take to avoid or mitigate such con fl icts.
The.1RC mav. hcwever, terminate the contract for convenience if it deems sucn termination to be in the best interests of the government.
l (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, recorts, studies, financial plans, internal data l
protected by the ?rivacy Act of 1974 (Pub. L.93-579), or data which has i
not been released to the oublic, the contractor agrees not to: (i) Use such information for any private curpose until tne information has been released to the puolic; (ii) comoete for worx for the Comission based -
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7590-01 79 sacn ;ofcrmatian for a period of six (c) months after either the
..cmoleticn of tn:s ;;n;rac: ce tne release of sucn information to the public, wcicnever is first, ( ii i,1 sucmit an unsolicited proposal to the govern.+.ent basea 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 o.eviously been releasec to One Dublic by the 4RC.
(2)
In addition, tne contractor agrees that to the extent i 4
receives or is given access to arc;rietary data, data oretec;ed by One Privacy Act of 1972 (?ub. L. 93-579}, or other confidential or privileged technical, business, or financial information uncer tnis centract, the contrcctor : hall treat such information in accercance wi:h restrictions placec on use Of the informa::cn.
(3)
The cen:ractor snall have, subject to patent and security s
provisicas cf this contract, the rignt to use tecnnical cata it produces uncer tnic contract for :rivate pur:oses provicec that all recuirements of this :Or. tract have been me:.
(F 5uccon trac ts.
Exceo: as crovidea in al CFR 520-1.5402(h),the ccn: 3c:ce snali include tn;5 clause, including this caragraen, in succent.racts of any tier.
The terms " contract," " contractor," and
" contracting officer," snall be accropriately maaified to preserve the government's rign:3.
(g) Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrecresentation of any relevant interest required to be cisclosed concerning tnis contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subseouent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(n) Waiver. A request for waiver under this clause shall be directed in writing througn the Contracting officer to One Executive Direc or for Operatiens ( ED0) in accordance with tne procecures outlined in 129-l.5411.
l 220-1.5405-2 Special contrac: provisions.
(a)
If it is determinec from the nature of the prcoosed centract that organizational conflic:s of interest exist, the centracting officer may cetermine that such conflict can be avoided cr af ter obtaining a waive' 'n accordance wita 1.5J11, neutrali:ec :nrcuan tne use of an accr:priate scecial contract cravision.
If accropriate, ne of'eror may negotiate tne terms anc cend::: ens cf tnese clauses, including :ne extent and t;me aeriod ef anj sucn restrictien. These crovisions incloce
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but are r t limited to:
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7590-01
( 1.'
Haraware exclusion clauses anich arenibit the acceotance of procuc:icn contracts follcwing a related ncnprocuction c:ntract previously erf:rmed by-:ne ::ntrac or:
(2) Software exclusien clauses; (3) personnel;, Clauses wnich recuire One contractor (ana cer:ain of his key to avoio certain organizaticnal conflic:s of interes ; ana (J) Clauses snicn provide f:r are:ection of c:nfidential da:a and cuarc against its unau:ncrirec ase.
(b)
The following additional contrac: clause may te includec as sec-ion (i) in :ne clause se for:n in. 20-1.5405-1 wnen i-is determinec nat awarc of a follow-en c:n:cac aould c:nstitute an creanizational conflic of interest.
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(i) Follow-on effort.
(1) Tne con:rac:cr snali te ineligiole to carticipate in RC contracts, subcontracts, er crocosals :nerefer (sclicited or unsolici:ec) wnica stem cirec:1y frcm tne cen:ractor's performance of work under :nis con:ract.
Fur hermore, unless so direc ec in writing cy the centracting officer, consulting er management succor:ne contrac cr snai; not :erform any technical services worv. Or evaluation activities uncer :nis contract en any of its pr:cuc:s or services or the products cr services of ano ner firm if the contractor nas been substantially involvec in tne development or market 1ng of sucn products or services.
(2)
If :ne contrac:Or uncer :nis contrac: ;repares a complete er essentially ccmpiete statement of work or sce:ifica:icns, the contrac:ce snall be ineligib!< to perform or participate in tne initial contractual effort wnich is bassJ on sucn statement of work or saecifications.
The contractor snall not incor orate its crocucts or services in sucn s:atement of work or scecifications unless so directed in writing by the contracting officer, in wnich case :ne restriction in this subcaragraan shall not apply.
(3) Mothing in this caragra:n shall preclude ene contractor from offering or selling its s:andarc ccmmercial items ::
- ne gcvernment.
- 20-1.5406 Evaluatien. fincings, and centract awar:
The con:ractino cfficer sili evalua e all relevant facts submit:ec by an offerce pursuant to :ne recresenta:icn recuirements of !20-1.500l(b) anc c ner relevant informat;cn.
After evalua:ing :nis information agains: :ne criteria of; 20-1.5403, a finding will be mace by :ne contrac::ng of#icer wnether orcani:aticna: c:nflicts of interes: exis with ressect
- a car:t:uiar of feror.
.'? i: nas ceen ce erminec na
- cnflic s of i
- nteres: exis, :nen :ne ::n:rac::qg : ficer snali e::ner:
fa; Gis:cali y the offerce fr:m awarc, i
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7590-01 (b) Avoid or eliminate sucn conflicts by accropriate measures; or (c) Awara the contract uncer the waiver provision of 520-1.5411.
120-1.5407 Conflicts identified after awara.
If potential organizational conflicts of interes: are identified after award with respect to a particular contrac:Or, the contracting c>
officer determines that such conflicts do, in fact, exist and that it woulc not be in the best interests of the covernmen to terminate the o
contrac: as proviceo in tne clauses requirec by I20-1.5405, the contrac:ing officer will take every reascnacle action to avoic, eliminate, or, af ter cotaining a waiver in accorcance witn ! 20-1.5411, neutralize :ne eects of tne identified :cnflict.
520-i.5 08 (Reserved) 20-1.5409 (Reservec) 220-1.5410-Subcontracts The contracting officer shall require of#erors anc contractors to i
iucmit a representat cn statement in acc:rcance witn !20-1.5404(b) from subcontractors and consultcats.
The c:ntracting officer shall require the centractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime centract covered by this subsection.
520-i.5411 Waiver In the first instance, determina:icn with resoect to the need to seek a waiver for specific contract awarcs shall be made by the contracting officer with the aavice and concurrence of the program office director and the Of fice of Executive Legal Direc:cr.
Upor. the recommendation of the contracting officer, and af ter consultation with the Office of the l
General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
ucn action snall be strictly limited :: : nose situations in vnich:
(l; The.vork to be performed uncer contrac: is vital to the NRC program; (2) the work cannot be satisfactorily performec except by a contractor wnose interests give rise to a question of conflict of interest; and (3) contractual and/or tecnnical review anc supervision methods can be coolcyec by "RC to neutralize tne conflict.
For any sucn saivers, the
- ostification and approval occuments snall be placed in the Puolic Jocument Rccm.
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c 7590-01 620-1. 5412 Remedies In addition to sucn other remecies as may be oermitted by law or cont.ract for a breacn of the restrictions in this suboar* or for any intentional misrepresentation or intentional ncndisclosure of any relevant interest required to be proviced for this section, the NRC may debar the contractor from suosequent NRC contracts.
Dated at Washincten 0.C this 27th day of.ua r t."
1979.
For the Nuclear Regulatory C:cm ssicn m
w C { G _ u.t o M C9 &
Sacuei J. Cniik Secretary o#! t.ne Ccenis sion
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ATTACHMENT 3 - SAMPLE
SUMMARY
DELAWARE Transoortation And Discosal Of Hazardous Maste HB-1018.
The Department of Natural Resources and Environmental Control in cooperation with the Delaware Solid Waste Authority would develop a management plan which would include:
- 1) a description of waste generation and management practices; 2) a reporting system for information on hazardous waste generation and disposal; 3) criteria for siting of hazardous waste disposal facilities; and 4) information on methods of reuse, recycling, and reduction of hazardous wastes. The secretary would issue and enforce regulagions including: a) identifying hazardous waste; b) standards for safe operation and maintenance of hazardous waste facilities or sites; c) specifying hazardous wastes which are not compatible; d) a system for reporting generation, storage, transport, treatment or disposal of hazardous wastes; and f) establishing reasonable fees and permit require-ments. Penalties are provided for violations.
(Introduced S/22/80.)
ILLIN0IS Prohibitino Discosal Cf Scent Fuel 5B-1581.
Would prohibit the disposal or Also storage of spent nuclear fuel wnicn was generated outside of the State.
would prohibit, the transportation into the State for disposal or storage any spent nuclear fuel generated outside of the State, unless such State had entered into a reciprocity agreement with Illinois.
This determination is to be made by the Director of the Department of Public Health and approved by both Houses of the General Assembly and the Governor.
Violations are subject to civil penalty.
(Introduced 3/20/80.)
LOUISIANA Radioactive Waste Discosal Study HCR-165 & SCR-99. Would create a joint Committee on Natural Resources to establish lines of communication with the Department of Energy relative to studies which are being conducted regarding the disposal of radioactive waste and to insure that the State and the Legislature will participate fully in all decisions relating to radioactive waste storage in the State. Reports would be submitted to the House and Senate Natural Resources Comnittees.
(Introduced 5/27/80.)
NEW JERSEY Hazardous Substances Transoort HBN-1609. Would authorize the Department of Environmental Protection, in consultation with the Department of Labor and Industry, the Division of Motor Vehicles,' and other appropriate State agencies to adopt rules and regulations concerning the transportation of hazardous substances which conform to requirements established by the U.S. Department of Transportation.
A report on the incidence and nature of hazardous materials transportation, the adequacy of existing regulatory programs and the need for any additional protection is to be submitted to the Governor and the Legislature within one year of the effective date of this act.
(Introduced 4/28/80.)
MARYLAND 3
Emergencv Resocnse Plan HB-1032.
Amends tne current State code to require eacn local organization within the plume or ingestion zone of a commercial nuclear reactor to submit to the State Director for Civil Defense and Disaster Preparedness a radiological energency response plan, which provides for evacuation in the event of a major disaster caused by a dangerous release of radiation.
(Approved 5/20/80, effective 7/1/80.)
i Hazardous Substances Transcor? S-536.
Amends the current Code of Maryland relating ;to tne transportation of nazardous substances:
1) to permit only a designated hazardous substance nauler, certified under Maryland law, to trans-port a designated hazardous substance from its place of generation; 2) to require periodic reporting to the Department of Natural Resources on the source, hauler, facility destination, volume, and nature of the designated hazardous substance; and 3) to require contracts for treatment, storage or disposal of designated hazardous substances be with coerators of currently authorized facilities.
(Approved 5/27/80, effective 6/1/80.1 WISCONSIN Radiation Protection Council A-209.
Enlarges the Radiation Protection Council in tne Department of Health and Social Services.
The Council shall monitor the deveicoment of private, local, State, and Federal radiation related policies and programs.
Including: 1) waste discosal, transportation, of radioactive materials; 2) radiation emergency resconse plans;
- 3) contamination of water supplies; and 4) environmental monitoring. The Council may: a) comment on and recommend changes in programs; b) recommend new programs; c) recommend intervention in Federal proceedings; d) recommend legislation; e) request technical assistance; and f) recommend agency cooperation and coordination.
The appropriation for the Department of Health and Social Services is increased to provide staff, travel, and meeting exoenses for the Radiation Protection Council. (Auproved 5/7/80, effective 5/17/80.1 INTROCUCTION OF NEW LEGISLATION CALI.:0RNIA Frohibitina Rate Relief To.*luclear Plants A-2293.
The Public Utilities Commission wouia not grant relief to any electrical corporation for increased fuel costs associated with the shutdown of a nuclear power plant resulting from violation of regulatory law, State or Federal, governing the coeration of the nuclear cower plant or if the shutdown results from operational negligence.
(Introcuceo 2/11/S0.)
i
~ -.
ATTACHMENT 4 Revised 4/1/82 Consisting of Pages 1 through 23 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages I through 5 of the form plus additional Articles on pages 6 through 23 attached thereto.
ARTICLE TITLE PAGE 1
Definitions................................................
1 2
Changes........................................
1 3
Extras.....................................................
1 4
Va ri a t i o n i n Qua n ti ty......................................
1 5
Inspection.................................................
1 6
Responsibility for Supplies................................
2 7
Payments...................................................
2 8
Assignment of Claims.......................................
2 9
Addi tional Bond Secu ri ty................................... 2 10 Examination of Records by Comptroller General..............
2 11 Default....................................................
2 12 Disputes...................................................
3 13 Notice and Assistance Regarding Patent and Copyright Infringement.............................................
3 14 Buy American Act...........................................
3 15 Convict Labor..............................................
4 16 Contract Work Hours and Safety Standards Act -
Ove rtime Compensa ti on.................................... 4 17 Walsh-Healey Public Contracts Act..........................
4 18 Equal Opportunity..........................................
4 19 Officials not to Benefit....................
5 20 Covenant Against Contingent Fees...........................
5 21 Utili zation of Small Business Concerns.....................
5 22 Utilization of Labor Surplus Area Concerns.................
5 l
23 Utilization of Minority Business Concerns.................. 5 24 Pricing of Adjustments.....................................
5 25 Payment of Interest on Contractors' Claims.................
5 26 Alterations................................................
6 27 Listing of Employment 0penings.............................
6 28 Empl oyment o f the Ha ndi ca pped.............................. 9 l
29 Cl ea r A i r a nd Wa te r.......................................
10 30 Federal, S ta te and Local Taxes............................
11 31 Termination for Convenience of the Government.............. 12 32 Preference for U.S. Flag Air Carriers....................
17 33 Notice to the Government of Labor Disputes................
17 34 Permits...................................................
18 i
f 4
1 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.)
ARTICLE
, TITLE PAGE 3S Re n eg o t i a t i o n..........................................
18 i
36 Patent Indemnity.......................................
18 37 Re po rti ng Roya l ti es....................................
19 -
38 Noti ce Rega rdi ng Late Del i ve ry.........................
19 39 Dissemination of Contract Information..................
19 40 Work ~for 0thers........................................
19 41 Utilization of Labor Surplus Area Concerns............. 20 42
- Utilization of Woman-Owned Business Concerns (over $10,000).......................................
20 43 Utilization of Small Business Concerns and Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals............................
21 44 Disputes...............................................
22 4S Stop Work 0rder........................................
23 r
4 e
i l
ii
=
GENERAL PROVISIONS (Supply Contract)
I, DmhtTinss without limitation raw materials, componentn. inte rmediate assemblies, and end products) shall be subject to inspection and As used throughout this contract, the followmg terms shall test by the Government, to the extent practicable at all times and base the mean ne cet forth below:
places including the period of manuf acture, and in any event prior (a) The term " head of the agency" or " Secretary" as used to acceptance.
herein means the Secretary, the Under Secretary,' any Assiatant Secretary, or any other head or assistant head (b) In case any supplies or lots of supplica are defective in of the executive or military department or other Federal material or workmanship or otherwise not in conformity with the agency; and the term "his duty authorized representative" requirements of this contract. the Government shall have t ie meens any person or persons or board (other than the right either to reject them (with or without inst ructions a en Contracting Omcer) authorized to act for the head of the their disposition) or to reqtiire their entrection. Supplies or fots agency or the Secretary, of supplies which have been rejected or required to be corrected t h) Tbn term " Contracting Omcer" means the person executing shall be removed or, if pe rmitted or remiired by the s'untractmic this contract an behalf of the Government, and any other Omcer. carrected in plate by :.nd at the ripense of tim ('ontractor nmccr ar civdian employee who is a properly designated promptly after notice. and shall not thereuf ter ty tendered far 8'untractmg Of'icer; and the term includeg etrept as other-acceptance unleas the former reiertmn or requirement of corre.
wise prnvided in this contract, the authnrued representa-tion is disclosed. If the Contracter f. ids promptiv 'o remose vurb tive of a Contracting Omcer acting within the limits of his supplies or lots of supplies which are required to be removed, or authority.
promptly to replace nr correct auch supplies or lots of supplies.
(c) F*xcept am otherwise provided in this contract, the term the Government either (i) may by contract or otherwise replace
" subcontracts" includes purchane orders under this or correct such supplies and charge to the Contractor the cost contract.
occasioned the Government thereby or (ii) may terminate this contract for default as provided in the clause of this contract 1 C""
entitled " Default." Unless the Contractor corrects or replaces The Cnntracting Omcer'may at any time, by a written order, such supplies within the delivery schedule.the Contracting Omcer and withnut notice to the sureties, make changes, within the gen-may require the delivery of such supplies at a reduction in price erni vcope nf this contract,in any one or more of the following:
which is equitable under the circumstances. Failure to agre-to si) Drawings designs. or specifications, where the supplies to be such reduction of price shall be a dispute concerning a question furnished are to be specially manufactured for the Government of fact w thin the meaning of the clause of this contract entitled in accordance therewith; (ii) method of shipment or packing:
Disputes."
and (iii) place nf delivery. If any such change esuses an increase (c) If any inspection or test is made by the Government on the or decrease in the cost of, or the time rey: ired for, the perform-premises of the Contractor or a subcontractor, the Contractor nnee nf any part of the work under this contract, whether changed without additional charge shall provide all reasonable facilitics or not changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Gosernment he made in the contract price or fellvery schedule, or both, and inspectors in the performance of their duties. If Gmernment the nmtruct shat! be mndilled in writing accordingly. Any (laim by inspection or test is made at a point other than the premnes of the Cont ractor for adjustment under this clause must be senerted the Contractor or a subcontractor, it shall be at the espense of withm 2 days from the date af receipt by the Contractor of the the Governuent except as othenvise provided in this contract:
notificatmn of change: Provided, howerec, That the Contracting Prortded, That in case of rejection the Government shall not be Omcer, if he decides that the f acts justify such action, may re-liable for any reduction in value of samples used in connecticn reive and act upon any such claim asserted at any time prior t with such inspection or test. All inspections and tests by the final payment under this contract. Where the cost of property Government shall be performed in such a manner as not ta undulv made absolete or excess as a result of a change is included in the delay the work. The Government reserves the right to charge to contrnrtor's claim for adtustment, the Contracting Omcer shall the Contractor any additional cost of Government mspection and have the right to prescribe the manner of disposition of such test when supplies are not ready at the time such inspection and -
pmpg Fauun to agm to any adjustment shall be a d,ispute tent is requested by the Contractor or when reinspection or rctest conc. niing a questian nf fact withm. the meaning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this rent ract entitled " Disputes." However. nothing in this clause supplies shall be made as promptly as practicable after delivers, except as otherwise provided in this contract: but fadure to shall excuse the Contractor from proceedmg with the contract as inspect and accept or reject supphes shall neither relieve the Contractor from responsibility for much supplies as are not m
.'t.
E X TR A s accordance with the contract requirementa nor impone lialulity Carept ns otherw.ise provided.in th.is contract, no payrnent for g
estnam -hall be made unless such citras and the p-ice therefor (d) The inspection and test by the Gnvernment nf any *uppiic*
have been nuthnrued in writing by the Contracting Omcer.
nr lots thereof does nnt relieve the Contractor f rom any respon e bility regarding defects or other fndures to meet the contract 4 Vsueirten IN QU n r:TY requirements which may be disem c red prior to nerept ain N.. variation in it'e quantity cf any item called for by this con-Escept as ot herwise pros nied in thi* cont ract..icceptance ohnit t e a. t u di he acc. pte.1 unless uch varintinn bas been caused by be conclusive except na regards Intent defects. frnud. or auch
...n. h i n.n
- of bin.bne, shippmr. or park ng. nr niinwances in gro" mistaket nn aniount to fraud.
mn n n f,r t u rin g prn.-rnen, and then only to the citent. if any, (e) The Cont ractor shnll provnie and mnmtum an m,pecto n
- pectfled elww here in flu
- cont rnet.
ayatem acceptable to the Government rm ering the supplum h IN W 7tnN hereunder. Rrenrds of all inspection wo-A by the s'ontructor tu) All auppbr* (w hich terni thrnughout this clauae includes shall be kept complete and avadable in the Govrrnment during sranoann roeu n > a N 3
p..unt>.a ti, usa. r ea ia i cras i-i6 di
(
i, surety fa!!s to it.
.rh reporte as to his thancial condition fru n thu perinr:murca of this contract and tw each longer period as time to time as requested t>y the Government, the Contractor shall muy ho anopfled ciwdero in this contract.
promptly furnish such additional accurity as may be required
- n. Itwwoi.iry rna 3t:Pruta f rom time to time to protect the intercet. of the Gcvernment and Except an otherwis" provided in this v ontrac t. (1) the Con.
of persons supplying labor or materiale m tha presecut:on of the sha;l be respunsible for the supplies covered by this work contemplated by this contract.
tr utur contract until tlicy are delivered at the designated delivery point,
- 10. EIAMINAUON cr Rzccare av Cournot.t.ra Gt.NrRAt.
regardican of the point of inspection; (!!) after delivery to the Government ut the designated point and prior to acceptance by (a) This clause is applicable if the amount of this contract tha Government or rejection and givir.g not!ce thereof by the exceeds $10,000 and was entered into by means er negotJation.
Government, the Government shall be respons ile for the loss or including sn all business restricted advertising, but is not apple distruction of or damage to the supplies o.ly if such less, cable if this contract was entered into by means of formal d:struction, or damage results from the neg; gence of officere, advertising.
Eg:nts, or employees of the Government acting within the scope (b) The Contractor agnes that the Comptroller General of the of their employment; and (!!!) th. Centractor shall bear all riska United States or any of his duly authorized representatives shall, en to rejected supplies after notice of rejection. except that the until the expiration of S years after anal payment under this Government shall be responsible for :he less, or destruction of, or contract or such lesser time specined in either Appendix Si of the dsmage to the supplies only if such tems, destruct!cn or damage Armed Services Procurement Regulation or the Federal Procure-results from the gress negligence of ofaert, agents, or employees ment Regulations Part 1-20, as appropriate, have access to and of the Government acting within the scops < f their em;!oyment.
the right to examine any directly pertinent bcoks. <ioettnents, pa;ers, and recores cf the Contracter involving transact: ens re-t P4vMens lated to this contract.
The Cortractor shall be paid, u;on the submtssien of proper (c) The Contractor fur-her agrees to include in all his sub-invpiern or vouchers, the prices stipulated herein for sup;!!es e ntracts hereunder a provision to the etTect that the subcontrac-delivered nnd accepted or services rencered and accepud Iese tor agrees that the Comptroller General of the United States or deductions,if any, as herein provided. Unless otherwise specia.ed, any of his culy authorized representatives shall, until the sxpira.
p.tyment will he made nn partial deliverien accepted by the Gov-tion of 3 years aftu anal payment under the subcontract or auch ernment when the amount due on such deliveries so warrants:
, esser time specided in either Appendix M of the Armed Serween i
or, when requestod by the Contractor. ;ayment fer accepted par-Procurement Regulation or the Federn1 l'rocurement Regulations till delivertes shall be made whenever such payment would equal Part 1-20, as appropr! ate, have access to and the right to examine or exceed either $1,000 or 30 percent of the total amount of this any directly pertinent books, documents papers, and records of contract.
such subcontracter, involvmg transactions related to the sub-centract. The term " subcontract" as used in this cla:,se eteiuden
- 8. AnnicNMut er Ct AIMS (1) purchase ordern not exceeding 310.000 and (2) subcontraete (a) Pursuant to the provfelons of the Asafenment of Clairns or purchase orders for public utility services at rates established Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C.15), if this for uniform applicability to the general public, enntract providea for payments aggregsting 31,000 or more, (d) The periods of access and examination describad tr. (b) cirima for moneyn due or to bacrime due the Contractor from the and (c), above, for records whleh relate to (1) appenis under Gnvernment under this contract may be assigned to a bank, trust enmpany, or other Snancing institution, includ!ng any Federal the " Disputes" clause of this contract. (2) litigatien or tha settlement of claims arising out of the performance of this con.
IInding agency, and may thereafter be further assigned and tract, or (S) costs and expenses of this contrnet as to which ex.
reusigned to any such institution. Any such assignment or re.
uudenment sha;i cover a!! amounts payable under this contract ceptien has been taken by the Comptroller General or any of his I
and not already paid, and shall not be made to more than one duly authorized representatives, shall continue until such appeals, ptrty, except that any such assignment or reassignment may be litigation, cla!ms, or exceptions have been disposed of.
m;de to one party na gent or trustee for two or more parties participuting in such f nancing. Unless otherwise provided in (a) The Government may, subject to the provis:ene of para-this contract, payments to an assignee of any moneys due or to Kraph (e) below, by written notice of default to the Contractor, lu rome due under this contract shall not, to the extent provided terminate the whole or any part of this contrnet in any nne of in enid Act, as amended, be subject to rednetton or setoff. (The the following circumstances:
prece, ling sentence applies only if this contract in made in time of (1) If the Contractor fails to make delis ery of the suppben ne wnr nr national emergency on denned in said Art and is with the to perform the services within the time specided herein or any l*purtment nf Defense, the General Services Administration, the extension thereof; or I:ncrity Rcaenrrh and Development Administration, the National (ii) If the Contractor fails to perform any of the other pro-Arrnnuutics und Spnee AdminIntratton, the Federal Avlation visions of this contract, or no f aila to make progwes as to Adm6nutration, or any other department or agency of the United endanger performance of this contenet in necordance avith ta 8tatea designated by the President pursuant to Clause 4 of the terms, and in either of thene two circum *tanere does not rura prom
- of section I of the Assignment of C! alms Act of 194/1, as such failure within a period of 10 dnya (or auch loner perind nmen,le.1 by the Act of May 15,1961, 85 Stat. 41.)
as the Contracting O.".eer may authorize in wreing) after a
thi in nn event ahall coptes of this contract nr of any plans, receipt of n tice from the Contracting Omcer apccifying such anMnentions, or other elmilar documents relating to work under f ailure.
t h,= enne rect. If mnrhed " Top Secret,"" Secret " or "Conadential...
In the event the Government terminntes this enntract in (b) l.a fornlabed in any nasignee of any claim arfeing under this whole or in part na provided in paracmph in) of the clause, tha runtmrt nr ta any nther perann not entitled to rarcive the same, Government may procure u-nn such terme ind in auch manner lim, ever. n enov af any part nr all c *his contract so marked may as the Contractine Of".eer may deem nonrnntmtr auppbe* ~
f.e fornshed. or any Infortmution contamed therein may be dis-snwen similar to those so terminated, nnr1 the Cent-netor *M rinsed, to such asaignee upon the prior written authorization of be liable to the Government for any cu e. costs for such nir-dnr t bc (:nntrneting Omcer, supplies or service *: Pmt,ded. That the contrnetor ihnll continue
- 9. Atarto.ub TloNu Srct'am tha perfcrmance of this contract to the citent rot ter-n nnted If nnv surely unnn any borni furnished in ennnection with this under the proviainna of this clause.
rantract becomes unneceptable to the Government or if any such (c) F.xcept with respect to def anita nf.ubcont rartors, the art.NoARO FC4u 32 tmov. 4 7t) 2
ing Omcer, who shall reduce his decision to writing and med..r ci,ntructor. hall not be liable for any e xcess costa if the failure to otherwise furnian a copy thereof to the Contractnr. The decism, perform t he enntract arises out of cairnes beyond the control and of the Contracting Omcer shall be Anal and Niene unten, without s he fault or negligence of the Contractor. Such causes within 30 days f rom the data of receipt o'
, t h,
'.. n.
m.sy include, but are not restricted to, acts of God or of the public tractor mails or otherwise furnishes to ig inneer acts of th-Government in either its sovereign or con-tractuul capacity, n r w, tioods, epidemics, quarantine restrictions, a written appeal addressed to the See
.sion of the ceirmv.
Secretary or his duly authorised r tb r the determe atraes, frei::ht embargoes, and unusually severe weather; but E
aunne unics, th-nation of such appeals shall tw en.4crv rane the fadure to perform must be heynnd the control
[E
< tion to haw Imen termined by a court of co-und without the fault or negligence of the Contractor. If the r so gronaiy crroncoun fraudulent, or capr:cious.
failure to perform is raused by the default of a subcontractor, as necessarily to imply
- t
. supported by substan ist and if such default armes out of enusen beyond the control of both the Centractor and,ubcontractor, and without the fault or evidence. In connec'
.ppeal proceeding under this clause, the Cont-afforded an opportunity to he negligente of either of them, the Contractor shall not be liable b
heard and to A
.n su port of its appeal. Pendia g t
for any exci na costs for failure to perform, unless the supplies Anal decisio' g
.reunder, the Contractor shall proceven or *rrvices to be furni.hed by the subcontractor were obtainaMe from other enurces in numeient time to permit the Contractor to diligent!"
t
.mance of the contract and in accordance with t' 5
Acer's decision.
meet the required delivery schedule, (d) If this contract is terminated as provided in paragraph O
.es" clause does not preclude consideration uf law
. connection with decisions provided for in para-Ian of this clause, the Government,in addition to any other rights provided in this clause, may require the Contractor to transfer graph
.,ve: Protided. That nothme in this contract anall be construes, aa making anal the decision of any acministrative title and deliver to the Government, in the manner and to the extent directed by the Centracting Omcer, (i) any completed official. representative.or board on a question of taw.
supplies, and (ii) such partially completed supp;;es and mater: mis, 11 Nom AND AsstsTANtz REGAamNo PatrNT AND parts, tools, dies, jigs, Sxtures, plans, drawings, information, CorvatcHT IsrR2NctsstNT and contract rights (hereinafter called " manufacturing ma.
The provisions of this clause shall be applicable only if the terials") as the Contrsetor has specideally produced or spe.
amount of this contract exceeds $10,000.
cincally acquired for the performance of such part of thfs contract The Contractor shall report to the Contracting Omcer, (a) n has baen terminated; and the Centractor shall, upon direction promptly and in reasonable written detail, each notice or claim of the Contracting Omcer, protect and preserve property in of patent or copyrightininngement based on the performance of pcsseanion of the Contractor in which the Government has an this contract of which the Contractor has knowledge.
interest. Ps yment for completed supplies delivered to and ac.
(b) In the event of any claim or suit against the Government ccpted by the Government shall te at the contract price. Payment en account of any alleged patent or copyright infringement for manufacturing materials delivered to and accepted by the arising out of the performance of this contract or out of the use Gnvernment and for the protection and preservation of property of any supplies furnished or work or services performed here.
ahall he in an amount agreed upon by the Contractor and Con.
under, the Contractor shall furnish to the Government, when tractine 0 9cer: failure to agree to such amount shall be a dispute concernina a question nf fact within the meaning of the clause of requested by the Contracting Omeer, all evidence and information this contract entitled " Disputes." The Government may withhold in possession of the Contractor pertaining to such suit or cisim.
Such evidence and information shall be furnished at the ext-nae from amounts otherwise due the Contractor for euch completed of the Government except where the Contractor ha.s agreed to supplies or manufacturing materials such sum as the Contracting Omeer determines to be necessary to protect the Government indemnify the Government.
against loss because of cutstanding liens or claims of former lien
- 14. Btry AMERICAN ACT holders.
(a) In acquiring end products, the Buy American Act (41 U.S.
(e) If, after notice of termination of this contract under the Code 10 a-4) providea that the Government give preference to provisions of this clause,it is determined for any reason that the domestic source end prodneta. For the purpose of this clause:
Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this (i) "Cornponenta" means thcee articles, materials, and s1,r.
clause, the rights and obligations of the parties shall,if the con-plies, which are directly incorporated in the end prodneta; (ii) "End products" means thoae articles, materiale, and tract contains a clause providing for termination for convenience supphes. which are to be acquired under this contract for public of the Government, be the same as if the notice of termination use; and had been issued pursuant to such clause. If, after notice of termi.
( 111 ) A " domestic source end product" means ( A) an un-natinn nf this contract under the provisions of this clause, it is manufactured end product which has been mined or produced determined for any reason that the Contractor was not in default in the United States and (D) ma end product manufsetured in under thn provisions of this clause, and if this contract does not the United States if the cost of the components thereof which enntnin n riausa providing for termination for convenience of the are mined, produced, or manufactured in the U nited States es.
Gawrnment, the contract shall be equitably adjusted to compen.
For the
<nte for auch terminntlan and the enntract mndined accordingly; ceeds 50 percent of the cost of all its component =.
purposes of this (a)(111)(B), componenta of foreign ormin of fni nre la merca tn nnv euch adluatment ahall he a dispute con.
the same type or kina as the products referred to in th e tit) nr i
rern ng n quration af fact within the meaning of the clause of this (fil) of this clause shall be treated as components mine.t. prn-cont ract entitled "Thaputes."
I f) The rights and remedien of the Government pbvided in this duced, or manufactured in the United States.
.fau e hall not be ciclusive and are in addition to any other (b) The Contractor agrece that there will tv deliver *J ander this contract only domestae source end products. cxcept end riehts and remedies provided by law cr under this contract, ign As u*ed in paragraph (c) of this clause, the terms "sub.
products:
contractar" and " subcontractors" mean subcontractor (s) at (i) Which are fer use outside the United States; (ii) Which the Government determines are not runed, pro-any ticr.
duced, or manuf actured in the United States in sue.cient and
- 12. Disrt na O
reasonably available commercial quantitics and of a satisf actory IE (a) Except as other
- gC
, any dispute quality; concernmg a ~
cee atract which (iii) As to which the Secretary deter nines the deme <t e
'n nne "
ede
...ued by tha Contract-preference to be inconsistent with tile pubbe interest; er 3
SME 3
smono rew n m.. s.m
l l
,a T
(lv) As to which the Secretary determines t'he cost to the interpretations of the Secr9tary of Labor which are now or may 0-overnment to be unreasonable.
henafter be in erfect.
(The foregemg requinments are administered in accordance with Executive Order No.10582, dated December 17, 1954.)
- 18. Eqtfat. OrrosTt;w Ty (The following clause is applicable unless this contract is ex.
- 15. CoNvset Lasos empt under tne rules, regulations, and relevant oraers of the
!n conne.ction with the perforrnance of work under this contract.
Secretary of Labor (41 CFR, ch. 60).)
tle Contractor agrees not to employ any person under:oing sen-During the performance of this contract, the Contractor agrees tonce of imprinonment et hard labor except as provided by Sunlic as follows:
1 aw 80-176, September 10,1965 (18 U.S.C. 4082(c)(2)) and (a) The Contractor will not o!acriminate against any employee Executive Order 11755, December 29,1973-or app!! cant for employment because of race, color, religton, sex.
or national orfgin. The Contractor will take aMrmative action to
- 18. ContuAc7 Weax Hotras 4xo SArTrY STANDA2Ds Ac;-
ensun that applicanta are amployed, rnd that emDloyees are Ovsattur CourzwsAT!oM
- **E This contract, to the extent that it is of a character specia.ed religion, sex, or national orig:n. Such action shall include. but not in the Contract Wor,a Hours and Safety Standards Act (40 U.S.C.
be limited to, the following: Employment, upgrading, demotion.
[27-383), is subject to the following provisions and to all other or transfer: recruitment or recruitment advertising; layoff or tpplicaole prosisions and exceptions of such Act and the regula-terminatten; rates of pay er other ferris of compensation; and tions of the Secretary of Labor thereunder, aelection for training, including apprenticeship. The Contractor (a) Overtime requirementa. No Contractor or subeentractor agrees to pest in cons;:teucus ;1 aces, available to empleyees and contracting for any part of the contract work which may require app!!canta for employment, notices to be provided by the Con-cr involve the employment of laborera, mechanics, apprentices, tracting 0:*.cer setting forth the provisions of this Equal Oppur-trainees, watchmen, and guartis shall require or permit any tunity cir. usa.
1sborer, nwehanic, apprentice, trainee, watenman. or guard in (b) The Contractor vill, in all solfeitations or advertisements any workweek ia, which he !: employed on such work to work in for e:nployees placed by or on behalf of the Contractor. state excess of eight hours in any calendar day or in axeens of ferty that all qualif.ed applicants will receive consideration for em-hours in sucn workweek on work subject to the provisions of the ployment without regarc to race, coler, re;igion, sex, or national Contract Work Hours and Safety Standards Act unless such origin.
Isbour, meenanic, apprentice. trsines, watchman, cr guard re-(c) The Contracter will send to each labor union er npresenta-esives compensation at a rate not less than one and one-half times tive of workers with which he has a collective bargaining agrea-him basic rate of pay for all such houn worked in excess of eight ment or other contract or understanding, a nottee, to be provided hours in any calendar day or in excess of forty hours in such by the agency Contracting Omeer, advismg the labor union or workwaek, whichever is the greater nu=ler of overtime nours.
workers' representative of the Contractor's commitments under (b) Violation; !! ability for unpaid wagas: I!quidated damages.
this Equal 0;portunity clause, and shall post copies of the notica In the event of any vloistion of the provisions of parsgraph (a),
in censpicuous places ava11able to employees and applicants for th? Contractor and any subcontractor respenrible therefor shall employrnent, be llable to any siYected mployee for his unpaid wages. In addi-(d) The Contractor will ecmply with sll provisions of Execu-tion, such Contractor and subcontractor shall be liable to the tive Order No.11246 of September 24, 1965, as amended by United Statn for liquidated damagne. Such liquidated damares Executive Order No.11375 of October 13,1967, and of the rules, shall be computed with respect to each individual labcrer.
regulations, and ralevant orders of the Seentary of Laber.
mechante, apprentice, trainee, watchman, er guard employed in (e) The Contracter will furnish all information and reperts violation of the provisions of paragraph (a) in the sum of $10 required by Executive Order No.11246 of September 24,1965, f:r each calendar day on which such employee was required or as amended by Executive Order No.11375 of October 13,1967, permitted to be employed on such work in excess of eight hours and by the rules, regulations, and orders of the Secretary of or in exceae of his standard workweek of forty hours without pay-Labor, or pursuant thereto, and will permit access to his books, I
L raent of the overtime wages required by paragraph (a).
records, and accounts by the contracting agency and the Secretary (c) Withholding for unpaid wages and liquidated damages. The of Labor for purposes of investigation to ascertain compliance Cantracting Omoer may withhold from the Government Prime with such rules, regulations, and orders.
C4ntractor, from any moneys payable on account of wrk per-(f) In the event of the Contractor's noncompliance with the formed by the Contractor or subcontractor, such sums as may Equal Opportunity clause of this contract or with any of the stdministratively be detenined to be necessary to satisfy any sai<i rules. regulations or orders, this contract may be caneeted, liabilities of such Csatractor or subcontractor for unpaid wages terminated, or suspended, in whole or in part, and the Contractor cad liquidstrd damages as provided in the provisions of para-rnay be declared ineligible for further Government contracts in graph (b).
accordance with procedures authortred in Exacutive Order Nm (d) Hubcontracts. The Contractor shall insert paragraphs (a) 11246 of September 24.1965, as arnended by Executive Order No.
through (d) of this clauw in all subcontracts. and shall require 11375 of October 13. 1967, and such other =anctione may tw im-thile inclusion in all subcontracts of any tier.
poned and remedien invoked as provided in Executive Order Nn.
(e) Records. The Contractor shall maintain payroll recerds 11248 of September 24,1965, as amended by Executive Order No.
cantaining the Information spectf!sd in 29 CFR 516.2(a), Such 11375 of October 13. 1967, or by rule, regulation, or order of the secords shall be preserved fer three years from the completion Secretary of Laber, or as otherwise provided by law.
(g) The Contractor will include the provisions of paracTaphs of the contrset.
(a) through (g) in every esbcontract or pure.haee order unl.es
- 17. WAt.pH.Hrary Pt Duc CONTxers ACT exempted by rulee, regulations, or orders of the Secretary of If thia contract is for the manufacture or' furnishing of Labor issued pursuant to section 204 of Executive Order No.
materinta. supplies, articles, or equipment in an amount which 11246 of September 24.196o, an amended by Executive Order No.
exceeds or may exceed 310.000 and is otherwise subject to the 11375 of October 13,1967. so that such provisionn will be bin &ng Walsh.Healey Public Contracta Act, as amended (41 !!.S. Code upon each subcontractor or vender. The Contractor will take such 35-45), there are hereby incorporated by reference n!1 represen-action with respect to any subenntract or purchase ortier as the tations and stipulations required by said Act and regulations contracting agency may direct as a means of enforcing such issued thereunder by the Secretary of Labor, auch representa-provisions, including sancticne for noncompliance: Peended.
tions anil stipulations being subject to all applicable rulings and however, That in the event the Contractor becomee involved in.
4 STANDARD FORM 32 (Rev sJM
a recerru with, litigation with a succentractor or vander small business concerns; d) other certined-elig**
<ncerns with
.e. i re*uit of such direction by the contract.ng agency the Con-a Srst preference; i3) certi6ed eligible e rm with a second
..r tractor mae request the United States to enter into such libgation preference wnich are alan sms!! *
.ocas ennectns; i4I other second preference. U) per-certined aligible concerns w~
4 t. protect the interests of the United States, stent r substantial ' - mrpNs area conurna which are also small business c-
.rns; (d) etner persistent or substantial labor
- 19. OrritiaLA Not To BENEr T No member of or delegate to Congress, or resident Commis-surplus e concerns: and (7) small busmese concerns which sioner, shall be admitted to any share or part of this contract, or ara... abor surpius area concerns.
to any benent that rnay arise therefrom; but this provision shall
- 23. UTILtzATION Or MINORITY Bll SINE $s ENTEuraisEs not be construed to extend to this contract if made with a corpo.
(a) It is the policy of the Government.s" ihort'
,usiness ration for its general benefit.
- P
' "*"'*7*
- 20. COtEN ANT AGAINST CONTINCENT Ftts participate in the pericrmance of Govedent e racta.
The Cantractor warrants that no person or selling agency has (b) The Contractor agrees to un dibe erforts to entry out b..en employed or retained to solicit or secure this contract upon this policy in the aw ard of his,nSMnt
.ts tu the fullest extent an agreement or understanding for a ecmmission, percentage, consistent with the ee.ci 4* '
.ance of this contract. As minor:ty business enterprise" tirokernge, er contingent fee. excepting bone Ade employees or u*ed in this contract. A" r
bana Ade estabbshed commercial or selling ag=neies mamtsined means a businen. c/p 'b
,0 percent of which i,s ewned bv N
hy the contractor for the purpose of securmz business. For minority group 3 r, in case of puul civ owneu buamesses.
3 i,,,: 3
. t:& stuck of whien is ewned by minoritv breach nr uointica ni this warrant the Government shall have p,mys h,7.y4,.c er the purpetes of this dennit on. minority the rigiit to annul this contract withcut liability or in its discre-tmn to deduct ' rom the centract price or eensideraton er otner-eroub4dare Nevrees. Spanian-s;eakne American persors, recaver, the full amount of such commission, percentaee.
Amed Oriertals. American-Indians. Amer:ran-Eskimes, and w iec nrakcrace. er contingent ice.
Ar~.an Aleuts. Contractors may rely en written representa-
"s by aubcontractors regarding their status as minority busi-
- 21. 1: Tis.traT1ox or Swt.t. BesrNrn CONCERN <
ness enterprises in lieu cf an moepenaent ms estigation.
sa) It i= the policy of the Govern t= yelared by the Con-erra t hn' a fair..eportion of t'-a gg A.r) and contracts for
- 21. PRicisc or ant sT3 TEN s When ecsts ara a facter in any determination of a enntract
.antihre a nd se-vices tar the C,
ggtSc placed with small h.ssmen enncerns.
d price adjustrnent pursuant to the Chance
- clause or any other (b) The Contractor agrdy < replish the maximum amount provision of this contract. such costs shall be in secordance with q
j of uubcontractin:: ta sng *f 7 concerns that the Contractor the contract cost pr:r.riples and pracadur.s in Part 1-15 of the fineis to be cens sta"W.nsye e:=cient performance of this I'ederai Procurement P.egulations (41 CFR 1-15) or Secuon XV
[
of the Armed Servie-s Procurement Reculation. as applicable.
cont ract.
hich are in e! feet on the date of this contract.
- 22. UTitszvrtos cr Lason SURPLt S 3REA CONCERNS / 25. PAntrNT OF INTEREST nN CONmCTonf C' 3
(a) It is the policy of the Government av rd contracts to labor surplus area concerns that (1) hak' an certined-eligible (a) If an appealis 61ed by the Contracj[m
.nal deci= ion n certined by the Secretary of Labor (hcreafter referpd nf the Contraetmg Oecer under the Di.y* c' se of this enn-l
' regarding the employ-tract. denymg a claim arising unoegan et. simple interest l
rancerns with Mrst or second prefere}. vantaged individuals and on the amour.t of the claim Anally dehnir owed by the Govern-ment of n proportionate number e//6!i.
have agreed to perform substag/ / (1) in or near sections of ment shall be payable to the C theto. uch interest shall be at cancentrated unemployment Jo eremployment or in persistent the rate determined by the Sety.ar-the Treasury pursuant in nr snhatantial labor sur 'l r as or (ii) in other areas of the Public Law 02-81. S5 Stg7, f*
the date the Contractor fur.
United States, respec r - or (2) are noncertified concerns nishes to the Cont tryr O er nm written anpeal under the which have agreed rm substantially in persistent or sub-Disputes clause
.. Icor act, to the date of '1) a fir.at jude-tent jurisdiction, or (2) mening to the l
atantial labor sur.
reas, where this can be done consistent ment by a cou e
s Contractor of p '. ental agreement for execution either con-l with the crBei Q Eormance of the contrait and at prices no firmmg prkode
. ecotiations between the partice or carrying
>tainable elsewhere. The Contractor agrees to I
hii her tha 6
uw his 1 s to place him subcontracts in accordance with out a Mdde a board of contract appeals.
M, standing (a), above, (1) mtercat shall be applied
)
t hi.
ib ; - mplyme with paragraph (a) of this riause and with only ff the date payment was due, if such date is later than pa rn er. (h) of the clause nf this contract entitled " Utilization the f. g af appeal, and d) internt shall not be paid for any d of time tnat the Contracting OtScer determine = the Con-
.. f.4 al nu= ncas Concerns" the Contractor in placing his sub-pe rn. rnetg ihnll observe the following order of preference: (1)
. actor has unduly delayed in pursume hm remedie= before a crtified-cligible concerns with a Arst preference *vhich are also board of contract appeals or a court of competent iur:sdiction.
l 6
staNoaao romu 32 one. 4-m
. +..
FPR CHANGES AND NRC ADDITIONS TO STANDARD TORM 32 (1-16.101(c))
GENERAL PROVISIONS (SUPPLY CONTRACT) 26.
ALTERATIONS The following alterations to the provisions of Standard For= 32, General Provisions, of this contract were =ade prior cc execution of the contract by the parties:
- 1. ' DEFINITICNS Tha following paragraph '(d) 1a added to this cl.suaa:
a.
"(d) Tha tar = "Cc==iasion" or "NRC" ::ans cha : n:,tsd S tates Nuclear Rasulatory Cc=:iasion or any duly authoricad rapracentative charcof, includin; the Contractin; Officar c= csp: for tha purpose of deciding an appeal under the Articia "Disputaa."
27.
LISTING OF EMPLOYMINT OPENINGS (7?R Temp. Reg. 39)
(Applicable to Contracts Involving $10,000 or More)
DISA3 LED VETERANS AND VITIRANS OF THE VII* NAM 2RA The contractor will not discri=inste against any e=ployee or applicant for a.
e= ploy =ent because he or she is a disabled vetaren or veteran of the Vietnam era in regard to any positien for which the e=ployee or applicant for e= ploy =ent is qualified. The contractor agrees to take affirmative action to e= ploy, advance in e=ployment,. and otherwise treat qualified disabled veterans and veterans for the Vietnam era without discri=ination based upon their disability or veterans status in all e= ploy =ent practicas such as the adver-following:
e= ploy =ent upgrading, de=otion or transfer, recruitment, tising, layof f or ter=ination, rates of pay or other for=a of co=pensation, and selection for training, including apprenticeship.
b.
The contractor agrees that all suitable e= ploy =ent openings of the contractor which exist at the time of the execution of thia contract and those which occur during the perfor=ance of this contract, including those not generated l
by this contract and including those occurring at an establish =ent of the contractor other than the one wherein the contract is being perfor=ed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employ =ent service syste=
The contractor further agrees to provide such wherein.the opening occurs.
t reports to such local office regarding c= ploy =ent openings and hires as say be required.
i State end local govern =cnt agencies holding Federal contracts of 510,000 or more shall also list all their suitable openings with *,he appropriate office reguired to provide these reports of the State e=ployment ser" ice, but are not set forth in paragraphs (d) and (e).
i l
g-l
e Q
Listing of employment openings with the e= ploy =ent service system pursuant to c.
this clause shall be =ade at least concurrently with the use of any other recruitment source or effort and shall involve the nor=al obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterana. The listing of e=ployment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirementa in Executive orders or regulations regard-ing nondiscrimination in employment.
be The repcrts required by paragraph (b) of this clause shall include, but not d.
limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where tha contractor has more than ene hiring location in a State, with the central offica of that State e=ployment s e rv ice.
Such reports shall indicata for each hiring location (1) tha nu=cer of indivi-duals hired during the reporting period, (3) tha nu=ber of nondisabled veterans of the Vietnam era hired. (3) tha nu=her of diaabled veterans of the Vietnam era hired, and (4) the total nu=ber of disabled vnterans hired.
The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787.
The contractor shall submit a raport within 30 days af ter the end of each reporting period wherein any parfor=ance is =ade on this contract identifying data for each hiring location.
Tha contractor shall =aintain at each hiring location copies of the reports submitted until the expiration of one year af ter final payment under the contract, during which ti=e these reports and related documentation shall be =ade available, upcn request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement.
Whenever the contractor becomes contractually bound to the listing provisions e.
of this clause, it shall advise the employment servics system in each State where it has establishments of the name and location of each hiring location in the State.
As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts.
The contractor may advise the
. State system when it is no longer bound by this contract clause.
f.
This clause does not apply to the listing of cr?Ac-ent openings which occur and are filled outside the 50 States, the Distric.
Columbia, Puerto Rico, Guam, and the Virgin Islands.
g.
The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the centractor proposas to fill fro = within his own organization or to fill pursuant to a customary and traditional employer-(
union hiring arrangement. This exclusion does not apply to a particular l
opening once an employer decides to consider applicants outside of his own l
organization or employer-union arrangement for that opening. -
h.
As used in this clause:
1 (1) "All suitable amploy=snt opanin;s" includes, but is not limited to, openings which occur in the following job catsgorias: production and non-production; plant and office; laborarm.and machanics; supervisory and nonsupervisory; technical; and axacutiva, administrative, and pro-fossional openings that ars co=pansat:d on a salary basis of less than
$25,000 per year.
This term includes full-tima employment, temporary It employment of more than 3 days' duration, and part-time amploy=ent.
does not include opaninsa which the centractor proposes to fill from within his own organization or to fill pursuant to a custo=ary and traditional employer-union hiring arransocent nor openings in an educa-tional institution whf ch are restrictsd to students of that institution.
Under tha most ecmpelling circu=stancas an employment opsning may not be auitabla f or listing, including auch situations whora tha needs of the Governmont cannot raasonably ba otherwisa auppliod, unare listing would be contrary to national security, or -(nors tha raquirement of listing vculd oth2rvise not ha for cho best intarnst of ths Govern = ant.
j "Approprista offics of tha Stats e= ploy =ent servica systas" means the (2) local offica of tha 7adsral/ Stats national system of public employment offices with assigned rssponsibility for serving ths area whars the employment opening is to be filled, including tha District of Columbia, 1
Guam, puerto Rico, and tha Virgin Ialands.
" Openings which the contractor proposas to fill from within his own (3) organization" means e= ploy =snt openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiarias, and the parent co=paniss) and includes any openings which the contractor proposes to fill from regularly established " recall" lists.
" Openings which the contractor proposes to fill pursuant to a custa=ary (4) and traditional enployer-union hiring arrangement" means amployment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which
+
exists between the contractor and representatives of his employees.
The contractor agrees to co= ply with the rules, regulations, and relevant i.
orders of the Secretary of Labor issued pursuant to the Act.
In the event of the contractor's noncompliance with the raquire=ents of this j.
clause, ac '. ions 'f or noncompliance may be taken in accordance with the rules,to and relavant orders of the Secretary of Labor issued pursuant regulation 1 the Act.
in conspicuous places available to e=ployees and The contractor agrass to post
[
k.
applicants for employment notices in a form to be prescribed by the Director.
Such notics shall state the providad by or through the contracting officer.
contractor's obligation under ths law to take affir=ative action to employ w
---r--
and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
The contractor will notify each labor unica or representative of workers with 1.
which it has a collective bargaining agreement or other contract understanding the contractor is bound by terms of the Vietnam Era Veteran's Readjustment that Assistance Act and is committed to take affirmative Action to employ acl advance in employment qualified disabled veterans and veterans of the Vietnam era.
The contractor will include the provisions of this clause in every subcontract m.
or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as the Director of the Of fice of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
28.
EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38) i The contractor will not discriminate against any employee or applicant for a.
employment because of physical or uental handicap in regard to any position for which the employee or applicant for employment is qualified.
The contractor agrees to take affirmative action to employ, advance in employment discrimination and otherwise treat qualified handicapped individuals without based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-advertising, layoff or termination, rates of pay or other forms cruitment, of compensation, and selection for training, including apprenticeship.
~
b.
The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act l
l of 1973 as amended In the event of the Contractor's noncompliance with the requirements of this c.
clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.
d.
The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form to be prescribed by the of Labor Director, of f ice of Federal Contract Compliance Programs, Department provided by or through the Contracting Officer.
Such notices shall state the cont rnetor's obligation under the law to take af firmative action to employ and advance la employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.
The Contractor will notify each labor union or representative of workers e.
with which it has a collective bargaining agreement or other contract under-standing that the contractor is bound by the terms of section 503 of the and is committed to take affirmative action to employ and advance in
- Act, employment physically and mentally handicapped individuals.
l.
I l
I f.
The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, reg-ulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract Compliance Progra=s may direct to enforce such provisions, including action.
for noncompliance.
29.
CLEAR AIR AND WATER (l-l.2302-1 )
(Applicable only if e.he contract exceeds $100,000, or the Contracting Officer has determined that ordere under an indefinite quantity contract in any one year will exceed $100,000 or a fuc.111ty to be used has been the subject of a conviction under the Clear Air Act ~42 U.S.C. 1957c-3(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)
The Contractor agrees as follows:
a.
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended-(42 U.S.C. 1857, et seq., as a= ended by Pub.
L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C.1251 et seq., as amended by Pub. L.95-500), respec-tively, relating to inspection, monitoring, entry, t.perts, and infor=ation, as well as other requirements specified in section 114 and section 308 of the Air Act end the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract.
I (2) That no portion of the work required by this prime contract will be perfor=ed in a facility listed on the Environ = ental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or f acilities from such listing.
(3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed.
(4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4).
b.
The terms used in this clause have the following meanings:
(1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.
1857 et. seq., as amended by Pub. L.91-604).
(2) The term " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., as amended by Pub. L.92-500).
(3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section 111(c) or section ill(d), respectively, of the Air Act (42 U.S.C.1857(c) or (d)), or an approved L=plementation procedure under section ll2(d) of the Air Act (42 U.S.C. 1857c-7(d)).
(4) The term " clean water standards" means any enforceable limitation. control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environ = enc.. Protection Agency or by a State under an approved program, as authorized by section 40? of the Water Act (33 U.S.C. 1342), or by local govern =ent to ensure compliance with pretreat-regulations as required by section 307 of the Water Act (33 U.S.C.
ment 1317).
(5) The term " compliance" means compliance with clean air or water standards.
Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.
(6) The term " facility" means any building, plant, installation, structure.
mine, vessel or other floating craf t, location, or site of operations owned, leased, or supervised by a contractor or subcontractor, to be Where a utilized in the performance of a contract or subcontract.
location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area.
- 30. FEDERAL, STATE, AND LOCAL TAXES (1-11.401-1(c))
(a)
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.
j (b)
Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property covered by this contract, if a statute, court decision, i
written ruling, or regulation takes ef f ect after the contract date, and--
1.
Results in the Contractor being required to pay or bear the burden of l
any such Federal excise tax or duty or increase in the rate thereof c
l which would not otherwise have been payable on such transactions or of such property, the contract price shall be increased by the amount tax or duty or rate increase:
Provided, that the Contractor if requested I
l I.
by the Conerseting Of ficar, warrants in writing that no amount for such newly i= posed federal excise tax or duty or rata inersase was included in the contract price as a contingency raserve or otherwise3 or Results in the Contractor not being required to pay or bear the burden (2) of, or in his obtaining a refund or drawback of, any such Federsi excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract prics, the contract price shall be decreased by the a=ount of the relief, refund, or drawback, or the amount shall be paid to Govern = ant, as directed by The contract price shall be similarly decreased the Contracting Officer.
if the Contractor, through his fault or nsgligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a :sfund or drawback of, any such Federal excise tax or duty.
I 23:sph (b) sbeve will be =ada undsr this contrset No adjust =ent pursuant to ;t:
unless the aggrogate a= cunt thsrsof La or =sy reasonably be axpectsd to be c.
over $100.
date" =eans the date set As used in paragraph (b) above, the term " contract d.
the date of this for the bid cpening, or if this is a negotiated contract, As to additional supplies or services procured by modification to contract.
the term " contract date" means the date of such modification.
this contract, Unissa there does not exist any reasonable basis to sustain an exemption, the Govern =ent, upon request of the Contractor, without further liability, agrees, a.
to furnish evidsnce appropriate except as otherwise provided in this contract, to establish exemption frem any tax which the Contractor warrants in writing In addition, the Contracting Officer
. was excluded from the contract price.
to may furnish evidence to establish exemption from any tax that may, pursuant this clause, give rise to either an increase or decrease in the contract evidence appropriate to Except as otherwise provided in this contract, price.
establish exe=ption from duties will be furnished only at the discretion of the Contracting Officer, The Contractor shall promptly notify the Contracting Officer of matters which and shall f.
will result in either an increase or decrease in the contract price, take action with respect thereto as directed by the Contracting Officer.
TERMINATDN FOR CCNVENIENCE OF THE GOVERNMENT (1-8.701) l 31.
The performance of work under this contract =ay be ter=1nated by the Government whenever in accordance with this clause in whole, or from time to time in part, n.
the Contracting Of ficer shall deter =ine that such ter=ination is in the best I
Any such termination shall be ef f ected by delivery interest of the Government.
to which to the Contractor of a Notice of Termination specifying the extentis terminated, and th perfor=ance of work under the contract such terminatien becomes offective.
l l.
f, as otherwise directed by After receipt of a Notice of Termination, and except the Contracting Of ficer,' the Contractor shall:
h.
on the date and to the extent specified in (1) Stop work under the contract the Notice of Termination; Place no further orders or subcontracts for materials, eervices, or f acilities, except as may be necessary for completion of such portion of (2) as is not terminated; the work under the contract that they relate to Terminate all orders and subcontracts to the extent the performance of work terminated by the Notice of Termination; (3) in the manner, at the times, and to the extent Assign to the Government, title, and interest (4) directed by the Contracting Officer, all of the right, of the Contractor under the orders and subcontracts so terminated, in shall have the right, in its discretion, to which case the Government settic or pay any or all claims arising out of the termination of such orders and subcontracts; Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification (5) of the Contracting Officer, to the extent ne may require, which approval or ratification shall be final for all the purposes of this clause; the tLees, and deliver in the manner, at (6) Transfer title to the Governmentif any, directed by the Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplien and to the extent, and other material produced as a part of, or acquired in connection withd the performance of, the work terminated by the Notice of Termination, an infor=ation (ii) the completed or partially completed plans, drawings, and other property which, if the contract had been completed, would have been required to be furnished to the Government; the times, to the extent, Use his best ef forts to sell, in the manner, at and at the price or prices directed or authorized by the Contracting (7)
- Provided, Of ficer, any property of the types referred to in (6) above:shall not be rs I
hoocuer, That the Contractor (i) di-to any purchaser, and (ii) may acquire any such property un tions prescribed by and at the proceeds of any such transfer or Officer: And provided further, That disposition shall be applied in reduction of any payments or the Government of the work covered by this contract be credited to the price or cost paid in such other manner as the Contracting Of ficer may direct; have been of the work as shall not Complete performance of such part (8) terminated by the Notice of Termination; and 1 l
I
Take such action as may be necessary, or as the Contracting Officer =ny for the protection and preservation of the property related to (9) this contract which is in the possession of the Contractor and in which
- direct, the Govar==ent has or may acquire an interest.
any ti=e after expiration of the plant clearance period, as defined in (41 CFR l-8.1), as AtSubpart 1-8.1 of the Federal Procurement Regulations the Contractor may the definition may be amended from time to time, certified as to quantity and to the Contracting Officer a list, previously dis-submit quality, of any or all ite=s of termination inventory not posed of, exclusive of items the disposition of which has been directed the Governmant or autho-ized by the Contracting Officer, and may request to remove such items or enter into a storsge agree =ent covering them.
Not later than fifteen (15) days thereafter the Government will accept title to succ items and rs=ove them or enter into a storage agreement covering the anse:
Frevidsd, That tha list submitted shall be subject to if verifiestion by the Contracting Officar upon removal of the items or, the itams are stored, within forty-five (45) days from the date of sub-and any necessary adjust =ent to correct the list as mission of the list, submittod shall be ma'de prior to final settlement.
to the After reesipt of a Notice of Termination, the Contractor shall submit in the form and with certification c.
Contracting Officer his ter=ination claim,Such claim shall be submitted promptly prescribed by the Contracting Officer.
but in no event later than one year from the effective date of ter=ination, unless one or = ore extensions in writing are granted by the Contracting Officar upon request of the Contractor made in writing within such one-year period or However, if the Contracting Officer determinen authorized extension thereof.
that the f acts justify such action, he may receive and act upon any such termination claim at any time after such one-year period or any extennion Upon fhilure of the Contractor to submit his termination clatn thereof.
within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
Subject to the provisions of paragraph (c), and subject to any review required l
by the contracting agency's procedures in effect as of the date of execution l
d.
the Contractor and the Contracting Officer may agree upon by of this contract, the whola or any part of the amount or amounts to be paid to the contractor to this clausa, reason of the total or partial ter=ination of work pursuant k
which amount or amounts may include a reasonable allowance for profit on wor exclusive of settismant done: Prouidsd, That such agreed amount or amounts, costs, shall not exceed the total contract price as reduced by the amount of price of work payments otherwise made and as further reduced by the contractand the Centractor shall be amended accordingly, not terminated. The contract Nothing in paragraph (e) of this clause.
of failure of shall be paid the agreed amount.
to be paid to the Contractor in the event prescribing the a=ount to the Contractor and the Contracting Officer to agree upon the whole amount 14 -
=
to be paid to the Contractor by reason of the termination of work pursuant this clause, shall be deemed to limit, restrict, or otherwise determine or the amount or amounts which may be agreed upon to be paid to the affect Contractor pursuant to this paragraph (d).
In the event of the f ailure of the Contractor and the Contracting Of ficer to to be paid to the e.
agree as provided in paragraph (d) upon the whole amount the Contractor by reason of the termination of work pursuant to this clause, Contracting Of ficer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, if any due determine, on the basis of information available to him the amount to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows:
(or sold or acquired as (1) For completed supplies accepted by the Government (7) above) an,d not theretofore paid for, a sum provided in paragraph (b) equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of--
(i)
The' costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (ii) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)
(5) above, which are properly chargeable to the terminated portion of the, contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costa payable under (1) above); and (iii) A sum, as profit on (1), above, determined by the contracting of ficer pursuant to 5 1-8.303 of the Federal Procurement Regulations (41 CFR to 1-8.303), in effect as of the date of execution of this contract, be fair and reasonable:
Provided, however, That if it appears that the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (3) The reasonable costs of settlement, including accounting, legal, clerical, l
and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the
_ 15. _
s
contract and for the termination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.
The total sum to be paid to the Contractor under (1) and (2) of this paragraph (e) shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated.
Except for normal spoilage, and except to the extent that the Govern =ent shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payabis to the l
Contractor as provided in (e) (1) and (2) (17 above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to beceme undeliverable to the Government.
or to a buyer' pursuant to paragraph (b) (7).
Costs claimed, agreed to, or detor=ined pursuant to paragraphs (c), (d), and f.
(a) of this clause shall be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in ef f ect on the date of this contract.
The Contractor shall have the right to appeal, under the clause of this contract 3
entitled " Disputes," from any determination made Ly the contracting Officer if the Contractor has failed to under paragraph (c) or (e) above, except that, submit his claim within the time provided in paragraph (c) above and has f ailad to request extension of such time, he shall have no such right of In any case where the Contracting Officar has made a determination of appeal.
the amount due under paragraph (c) or (e) above, the Government shall pay to l
the Contractor the following:
(1) if there is no right of appeal hereunder or if no timely appeal has been takan, the amount so determined by the Contracting Of ficer; or (2) if an appeal has been taken, the amount finally determined on such appeal.
In arriving at the amount due the Contractor under this clause there shall be I
h..
theretofore deducted (1) all unliquidated advance or other pay =ents on account made to the Contractor, applicable to the terminated portion of this contract; f
(2) any claim which the Government may have against the Contractor in connection and (3) the agreed price for, or the proceeds of sale of, with this contract; or other things acquired by the Contractor or sold, any materials, supplies, to the provisions of this clause, and not otherwise recovered by or I
pursuant credited to the Government.
l of the termi-If the termination hereunder be partial, prior to the settlement 1
nated portion of this ' contract, the Contractor =ay file with the Contrar. ting Of ficer a request in. writing for an equitable adjustment of the price or prices specified in the centract relating to the continued portion of the contract (the portion not terminated by the Notice of Termination), and such l
equitable adjustment as may be agreed upon shall be mads in such price or prices.
, l i
l
~
3 under such terms and conditions
- The Govern =ent may f rom tima to time, j.
as it may prescribe, make, partial payments and payments on account against costs incurred by t e Contractor in connection with the terminated portion h
of this contract whenever in the opinion of the Contracting Officer the to which the Contractor aggregate of such payments shall be within the amount will be entitled hereunder.
If the total of such payments is in excess of such finally agreed or determined to be due under this clause, the amount excess shall be payable by the Contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum for the period f rom the date such excess payment is received by the Contractor to
- Provided, the date on which such excess is repaid to the Government:
no interest shall be charged with respect to any such excess however, That j
payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days af ter the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
Unless otherwise provided for in this contract, or by applicabic stature, k.
the Contractor, from the ef fective date of termination and for a period of shall preserve and t'hree years af ter final settlement under this contract, the office of make available to the Government at all reasonable times at all his books, the Contractor but without direct charge to the Government, records, documents, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated to the extent approved by the Contracting Officer, photographs, hereunder, or, microphotographs, or other authentic reproductions thereof.
- 32. PREFERENCE FOR U.S. FLAG AIR CARRIE25 (1-1.323-2)
Fub. L.93-623 requires ths. all Federal agencies and Government contractors e
and subcontractors'will use U.S. flag air carriers for international air a.
transportation of personnel (and their personal ef f ects) or property to the It further provides that the extent service by such carriers is available.
Comptroller Ganeral of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisf actory proof of the necessity therefor.
flag air carriers for international I
The contractor agrees to utilize U.S.
b.
a'ir transportation of personnel (and their personal ef fects) or property to
~~
the extent service by such carriers is available.
j the contractor selects a carrier other than a U.S.
flag In the event that air carrier for international air transportation; he will include a certifica-c.
llows: -
tion on vouchers involving such transportation which is essentially as fo CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS transportation service for personnel (and their I hereby certify that personal effects) or property by certificated air carrier was unavailable for the following reasons:
(state reasons)
- 33. N0' RICE TO THE GOVER5bMT OF LABOR DISPUTES (1-7.203-3)
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely perfor=ance of this a.
' See Federal Procurecent Regulatione (41 CFR 1-1. 323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.
~_
17
E.
e.
o*
s including the Contractor shall immediately give notice thereof,
- contract, thereto, to the Contracting Officer.
all relevant information with respect b.
The Contractor agrees to insert the substance of this clause, including hereunder as to which a labor disput e this paragraph (b), in any subcontract may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed the subcon-or threatened by delay by an actual or potential labor dispute, tractor shall immediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant information with respect to such disputes.
- 34. PERMITS Except as otherwise directed by the Contracting Of ficer, the contractor shall.
procure all necessary permits or licenses and abide by all applicable laws, territory, regulations, and ordinances of the United States and of the State,is perfor=ed.
and political subdivision in which the work under this contract
- 35. RENEGOTIATICN is subj ect to the Renegotiation Act of 1951, as amended, the If this contract following provisions shall apply:
This contract is subj ect to the Renegotiation Act of 1951 (50 U.S.C.
a.
of Congress App. 1211, et. seq.), as amended, and to any subsequent act Nothing contained in this providing for the renegotiaticn of contracts.
to this cJ ause shall impose any renegotiation obligation with respect contract or any subcontract hereunder which is not imposed by an act of
~
Subject to the foregoing, this Congresa heretofore or hereafter enacted.
shall be deemed,to contain all the provisions required by section contract 104 of the Renegotiation Act of 1951, and by'any such other act, without subsequent contract amendment specifically incorporating such provisions.
including I
The contra'ctor agrees to' insert the provisions of this clause, f
b.
this paragraph (b), in, all subcontracts, as that term is defined in section l'
103 g. of the Renegotiation Act of 1951, as amended.
- 36. PATENT INDEMNITY The Contractor agrees to indemnify the Government, its officers, agents, servants, and employees against liability of any kind (including costs and expenses of incurred) for the use of any invention or discovery and for the infringement (not including liability, arising pursuant to Section 183, any Letters PatentU.S. Code, prior to the issuance of Letters Patent) occurring in Title 35, (1952) the performance of this contract or arising by reason of the use of disposal by or for the account of the Goverriment of items manufactured or supplied under this l
contract.
18
(
- 37. R"?0kTING OF ROYALTIES If this contract is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the contract or are reflected in the contract price to the Govern =ent, the Contractor agrees to report in writing to the Co=sission (Patent Counsel, Offics of the Executive Legal Director) during the perfor=ance of this centract and prior to its co=pletion or final settla=ent the amount of any royalties or other pay =ents paid or to be paid by it directly to others in connection with the perfor=ance of this centract together with the na=es and addresses of licensors to who= such pay =ents are
=ade and either the patent nu=bers involved or such other infor=ation as will identification of the patents or other basis on which the royalties are per=it The approval of the Co=sission of any individual pay =ents or royalties to be paid.estop the Govern =ent at any time frC= Contesting the enforCasbility, dhall not ralidity or scope of, or title, to, any patent under which a royalty or pay =ents are =ade.
38.
NUfICE REGARDING LATE DELIVERY In the event the Contractor encounters difficulty in =eeting perfor=ance requirements, or anticipates difficulty in ce= plying with the centract delivery the Contractor shall i==ediately notify the Contracting Officer-schedule or date, rhereof in writing, giving pertinent details, including the date by which it Provided, hr svar, That this expects to co=plete perfor=ance or =ake delivery:
thereof shall not data shall be infor=ational only in character and that receipt ha construed as a waiver by the Govern =ent of any contract delivery schedule or date, or any rights or re=edies provided by law or under this centract.
DISSEMINATION OF CONTRACT INFORMATION 39.
The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, (Two copies without the prior written consent of the Contracting Officer.
qf any material proposed to be published or distributed shall be submitted to the Contracting Officer.)
Failure to comply with this clause shall be grounds for termination of this contract.
40.
WORK FOR OTHERS Notwithstanding any othe,r provision of th,is contract, during the l
term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to an actual or apparent conflict of interest with respect to the work being performed under this contract.
The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this If the contractor believes with respect to itself or any l
I clause.
such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict the contractor shall obtain the written approval of the of interest, Contracting Officer prior to execution of such contractual arrangement.
's -
a 41.
Utilization of tabor Surplus Area Concerns (1-1.805-3(a))
(The following clause is applicable if this contract exceeds $10,000.)
(a)
It is the policy of the Government to award contracts to labor surplus area concerns that agree to perform substantially in. labor surplus areas, where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere.
The Contractor agrees to use his best efforts to place his subcontracts in accordance with this policy.
(b)
In complying with paragraph (a) of this clause and with paragraph (b) of the clause of this contract entitled " Utilization of Small Business Concerns," the Contractor in placing his subcontracts shall observe the following order of preference:
(1) Small business concerns that are labor surplus area concerns, (2) other small business concerns, an (3) other labor surplus area concerns.
(c) (1)
The term " labor surplus area" means a geographical area identified by the Department of '. abor as an area of concentrated unemployment or underemployment or an area of labor surplus. -
- (2) The term " labor surplus area concern" means a concern that together with its first-tier subcontractors will perform substantially in-labor surplus areas.
(3) The term " perform substantially in a labor surplus area" means that the costs incurred on account of manuf acturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
- 42. Utilization of Women-Owned Business Concerns (Over $10,000)
(a)
It is the policy of the United States Government that women-owned businesses shall have the maximdm practicable opportunity to participate in the performance of contracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance of this contract.
As used in the contract, a " women-owned business" concern means a business that is at least 51% owned by a woman or women who also control and operate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively involved in the day-to-day management.
" Women" mean all women business owners.
l 20
'll,
.c
- 23. Utilization of Small Business Concerns and Small Dusiness Concerns Owned and Controlled,by Socially and Economically Disadvantaged Individuals (FPR Temp Reg. No. 50)
(a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency.
(b) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract.
The contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administra-tion or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause.
(c) (1) The term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and in relevant.
regulations promulgated pursuant thereto.
(2) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern -
(i) ~which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned business., at least.51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (ii)'whose management and daily business operations are controlled by one or more of such individuals.
T'he contractor shall presume that socially and economically disadvantaged individuals include Black ~ Americans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.
Contractors acting in good faith may rely on written representations, by their subcontractors as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
21
'i-44.
Disputes (FPR Temporary Regulation 55, S/23/80)
(a) This contract is subject to the Contract Disputes Act of 1978 (Pub. L.95-563).
(b)
Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved in accordance with this clause.
(c)
(i) As used herein, claim" means a written demand or assertion by one of the parties seeking, as a' legal right, the payment of money, adjust-ment or interpretation of contract terms, or other relief, arising under or relating to this contract.
(ii) A voucher, invoice, or request for payment that is not in dis-However, where pute when submitted is not a claim for the purposes of the Act.
such submission is subsequently not acted upon in a reasonable time, or dis-puted either as to liability or amount, it may be converted to a claim pur -~
s suant to the Act.
(iii) A claim by the contractor shall be made in writing and submitted to the contracting officer for decision.
A claim by the Government against the-contractor shall be subject to a decision by the Contracting Officer.
(d)
For contractor claims of more than $50,000, the contractor shall sub-mit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the contractor's knowledge and belief; and the amount requested accurately reflects the con-tract adjustment for which the contractor believes the Government is liable.
When The certification shall be executed by the contractor if an individual.
the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor's plant or location involved, or by an officer or general partner of the contractor having over-al.1 responsibility for the conduct of the contractor's affairs.
t (e)
For contractor claims of $50,000 or less, the Contracting Officer must render a decisio'n within 60 days.
For contractor claims in excess of l
$50,000, the Contracting Officer must decide the claim within 60 days or notify the contractor of the date when the decision will be made.
(f)
The Contracting Officer's dec'ision shall be final unless the con-tractor appeals or files a suit as provided in the Act.
(g)
The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies are expressly authorized to decide.
(h)
Interest on the amount found due on a contractor claim shall be paid from the date the claim is received by.the Contracting Officer until the date of payment.
(i)
Except as the parties may otherwise agree, pending final resolution l
of a claim by the contractor arising under the contract, the contractor shall I
proceed diligently with the performance of the contract in accordance with the contracting officer's decision.
22
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.X
-a.
o z
45.
SiOP WOR ( ORDER T5e Contracting Of ficer may, at any time, by written order to (a) the ContrNtor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period Any such order shall be specifically at which the parties may agree.
Upon identified as a Stop Work Order issued pursuant to this clause.
receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable' steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work Within a period of ninety (90) days after a stop work order is stoppage.
delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either:
(i) cancel the stop work order, or terminate the work covered by such order as provided in (ii) the " Default" or the " Termination for Convenience" clause of this contract.
(b)
If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the Contractor An equitable adjustment shall be made in the shall resume work.
delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if:
the stop work order results in an increase in the time (i) required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and the Contractor asserts a claim for such adjustment within (ii) thirty (30) days af ter the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.
(c)
If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement.
If a stop work ordqr is not canceled and the work covered by (d) such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.
i 94 23