ML20028H587
| ML20028H587 | |
| Person / Time | |
|---|---|
| Issue date: | 01/02/1991 |
| From: | Johnson W, Picco C, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), PANAMOVERS TRANSFER & STORAGE, INC., SMALL BUSINESS ADMINISTRATION |
| To: | |
| Shared Package | |
| ML20028H582 | List: |
| References | |
| CON-FIN-D-23541, CON-NRC-10-91-127 NUDOCS 9101090302 | |
| Download: ML20028H587 (97) | |
Text
-
AWARD / CONTRACT 1
Page 1
- 1. THIS CONTRACT IS A RATED ORDER UNDER OPAS (15 r.rR 350) RATING
- 2. CONTRACT NO.
l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No.l l
REQUEST / PROJECT NO.
JAN 0 21990 l
ADM-91-127 8 ')/- A-mW
- 5. ISSUED BY Code:
l6. ADMINISTERED BY Code:
l (If other than item 5)
U.S. Small Business Administration l Contract Adminittration Branch 1111 18th St., N.W., 6th Floor l Div. of Contracts & Property Mgmt.
Washington, D.C. 20036 l Mail Stop P-902 l Washington, DC 20555 CONTACT - Harry Johnson PHONE - 202-634-1500 x 2:.9
- 7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY Panamovers Transfer and Storage, Incl
()
F0B ORIGIN 110-Terminal Drive l
(X)
OTHER (St below)
Sterling, VA 22170 l
l 9. DISCOUNT FOR PROMPT PAYMENT l
N/A Duns Code:
l' Facility Code:
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/
CODE l12. PAYMENT WILL CODE MARK FOR l
BE MADE BY U.S. Nuclear Regulatory Commission l
U.S. Nucl' ear Regulatory Commission Office of Administration / PPB l
Division of Accounting and Finance MS-WHSE l
GOV /COM Accounting Section Washington, D.C. 20555 Washington, DC 2055b i
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) (5)
- 14. ACCOUNTING AND APPROPRIATION DATA 141-20-61-22-0 D23541 S75,000.00 15A.lTEM ISB. SUPPLIES /
15C. QUANTITY 150. UNIT ISE. UNIT 15F. AMOUNT NO.
SERVICES PRICE Of fice moving and warehouse support services (see Prime Contract).
See Section 1 of Prime Contract / Award contract document for spe:ial 8(a) Subcontract clauses.
15G TOTAL Estmated Amount of Tire and Materials Requirements ::@e contract $79,052.0 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribec by GSA FAR(48 CFR) 53.214(a) 9101090302 910102 PDR C ONTR NRC-10-91-127 PDR i
AdARD/ CONTRACT Page73
- 16. TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
SOLICliATION/ CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTICN/ SPECIFICATIONS / WORK STATEMENT 0
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DEllVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART !! - CONTRACT CLAUSES I
CONTRACT CLAUSES PART 111 - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0R$
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALVATION FACTORS FOR AWApD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
- 17. (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contructor is required to sign this document and return 2 copies to issuing of fice.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this contract shall b1 subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herain.
(Attachments are listed herein.)
[87 ( ) AWARD (Contr.ictor is not required to sign this t ocument.) Your of fer i
on Solicitation Number
, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contra:t which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER l 20A. HAME OF CONTRACTING OFFICER (Type or print) l WARREN 0. JOHNSON
&$4R h C<0,
/ isihrer 198.NAMEOfColT CTOR l 208. iMITED STATES-OF~ AMERICA ~
/[MN/
by f
MO by
(
~
7/M Y._
(Signatu're o'f person authorized to sign)'
(Signa ture oVJaatsact4agMficer)
~ 20C. DATE SIGNED 2 7 DEC 590 19C. DATE SIGNED yy y EXCU fl0N TO STANDARD FORM 26 (REV.4-85)
i s
AdAR0/ CONTRACT Page I
- 1. THIS CONTRACT IS A RATED ORDER UNDER OPAS (15 CFR 350) MTING
- 2. CONTRACT NO.
- 3. EFFECTIVE DATE
- 4. RE0VISITION/ PURCHASE (Proc. Inst. Ident ) No l l
REQUEST / PROJECT NO.
l iJAN 0 21930 l
ADM-91-127 NRC-10-01-127 l
l
- 5. 13 SUED BY Code:
!6. ADMINISTERED BY Code:
l (If other than Item 5)
U.S. Nuclear Regulatory Commission l Contract Administration Branch Div. of Contracts & Property Mgmt.
l Div. of Contracts & Property Mgmt.
P-1020 l Mail Stop P-902 Washinoton, DC 20555 l Washington, DC 20555 CONTAC; - Susan Hopkins l
PHONE - 301-492 4276 l
- 7. NAME AND ADDRES! 0F CONTRACTOR l 8. DELIVERY U.S. S:r.all Businers Ad:nnistrat' don ()
FOB ORIGIN Prime:
(X)
OTHER (See below) 1111 18th St.., N.U., 6th F1.
l Washington, D.c. 20036
! 9. DISCOUNT FOR PROMP' 'AYMENT Sub: Panamovers Transfer & Storage. Ind.
N/A 110 Terminal Drive l
Sterling, VA 22170 l
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/
CODE l12. PAYMENT WILL CODE MARK FOR l
BE MADE BY l
U.S ik lear Regulatory Commission l
U.S. Nuclear Regulatory Commission Office of Administration / PPB l
Division of Accounting anc Finance MS-WHSE l
GOV /CCM Accounting Section Wasniqton, D.C. 20555 Washington, DC 20555
- 13. AUTHORITY FOR USING OTHER THau FULL AND OPEN CNPETITION
( ) 10 U.S.C. 2304(c)( ) (X) 41 ".
.C. 253(c) 5)
- 14. ACCOUNTING AND APPROPRIATION DATA
(
141-20-61-22-0 D23541
$75,000.00 15A. ITEM 15B. SUPPLIES /
15C. QUANTITY 150. UNIT ISE. UNIT 15F. AMOUNT No.
SERVICES PRICE Office moving and warehouse succort services in accordance with NRC ceauest dated 10/09/90 and 10/16/90 and in accordance with Panamovers' tecnnical proposal datea 10/22/90 which is incorocratea herein by reference.
15G. TOTAL Estinated Anount of Time and ibterials Requirements type contract S79,052.25 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Frescribed by GSA FAR(48 CFR) 53.214(a)
o AUARD/ CONTRACT Page u
- 16. TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I --THE SCHEDULE A
SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D
PACKAGING AND MARK 1NG E
INSPECTION AND ACCEPTANCE F
OELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION OATA H
SPECIAL-CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS: EXHIBITS AND OTHER ATTACHMENTS J
LIST OF_ ATTACHMENTS PART IV - REPRESENTATIONS AND. INSTRUCTIONS K -REPRE5ENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
~
- 17. -(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 4 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to
-this contract shall be subject to and governed by the following documents: (a) this award / contract,-(b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein, (Attachments a-listed herein.)
18.
( ) AWARD (Contractor is not required to sign this_ document.) Your offer on Solicitation Numoe*
..inclue1ng the additions or changes mace by yeJ which additions or changes are set forth in full above, is hereby accepted as-to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents:-(a) the Government's solicitation and your offer, and (b) this award / contract._No_
further contractual document is necessary, 19A.-NAME-_AND TITLE OF SIGNER L 20A. NiME OF CONTRACTING OFFICER (Type or print)
WARREN 0. JOHNSON l
Elois J. Wiggins SUPERVISORY CONTRACTIMNFT'ff'PR l
19B. N F CONTRAC' TOR' l-208. UNITED STATES OF AMERICA
{
xb - Il b
/
%~,
by b
(Signature {cjn ziid to sign)'
(Signature of' Contrag(thg _Of ficer)
T9C. DATE SIGNED 2 7 DEC 1990 47//((c/o
/
EXCEPTION TO STANDARD FORM 26 (REV.4-85) 1:
l NRC-10-91-127, Office Mcving and Warehouse Support Page 2 Sectio. B, Article B.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS 1.
is amended as follows:
a.
"The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is
$79,052.25"...
b.
"The amount presently obligated with respect to this contract is
$75,000."...
2.
Section B, Articles B.4.1 thru B 6.3 are deleted in their entirety and the attached Articles are substituted therefor.
3.
Section F, Article F.2 DURATION OF CONTRACT PERIOD, is completed to read, "The ordering period for this contract shall commence on January 2, 1991 and will expire December 31, 1991....The term of this contract may be extended at the option of the Government for an additional 24 months."
4.
Paragraph a. of Article G.1 PROJECT OFFICER AUTHORITY is complet7d as follows:
"Name:
Harold Hubbel Acdress:
U.S. Nuclear Regulatory Commission Office of Administration Washington, D.C. 20555 Phone Number:
301-443-7832" 4.
Section I, Article I-1.
Notice Listing Contract Clauses Incorporated By Reference is modified to correct the date on the following clause:
52.219-0 FEB 1990 utilization of Small Business Concerns and Small Disadvantaged Business Concerns 5.
The following clauses are added to Section I:
I.14 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION (FAR 52.203-9) (SEP 1990)
(4) Definitions.
The definitions set forth in FAR 3.104-4 are hereby incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY--Mv5.FICATION (SEP 1990)
(1)
I, (Name of certifier) am the officer or employee responsible for the preparation of this modification
-l
NRC-10-91-127, Office Moving and Marehouse Support
-Page 3 proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Of fice of Federal Procurement Policy Act, as amended * (41 U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that to the best of my knowledge and belief, each officer, employee, agent, representative,andconsultantof[NameofOfferor)who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar wit h, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any infc~rmation concerning a violation or possible violation of subsections 27(a), (b),
(d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Viointions or possible violations:
(Continue on plain bond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation Sheet), ENTER NONE IF NONE EXISTS)
(Signature of the of ficer or employee responsible for the modification proposal and date)
(Typed name of the officer or employee responsible for the modification proposal)
- The Act became effective on December I, 1990.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JUR150!CTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the officer or employeo of the competing Cr,ntractor responsible for the of fer or bid, may rely upon a one-time certification from each individual required to suumit a certification to the competing Contractor, supplemented by periodic training. These certifications shall be maintained by the Contractor for a period of 6 years f rom the date a certifyirg employee's employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a f
0.
NRC-10-91-127, Office Moving and Warehouse Support Page 4 material representation of fact upon which reliance will be placed in executing this modification.
(End of Clause)
I.15 PROCUREMENT INTEGRITY--SERVICE CONTRACTING (FAR 52.203-13) (SEP 1990)
(a) Definitions. The definitions in FAR 3.104-4 are hereby incorporated in this clause.
(b) The Contractor shall establish a procurement ethics training program for its employees sers ng as procurement officials. The program shall, as a minimum (1) Provide for the distribution of written explanations of the provisions of section 27 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the FAR to such employees; and (2) Require each such employee, as a condition of serving as a-procurement official, to certify to the Contracting Officer that he or she is familiar with the provisions of the Act, as implemented in the FAR, and will not engage in any conduct prohibited by subsections 27(a), (b), (d),
or (f) of the Act, as implemented in the FAR, and will report immediately to the Contracting Officer any information concerning-a violation or possible violation of the prohibitions.
(c) Pursuant to FAR 3.104-9(d), a Contractor employee who is serving as a procurement official may be requested to execute additional certifications.
(d) If a Contractor employee serving as a procurement official ceases performance of.these duties during the conduct of such procurement expected to result. in a contract or contract modification in excess of $100,000, such employee shall certify to the Contracting Officer that he or she understands the continuing obligation, during the conduct of the agency procurement, not to disclose proprietary or source selection information related'to such agency procurement.
(End of Clause) 6.
Section K is modified to add the clause K.20 REQUIREMENT FOR
' CERTIFICATE OF PROCUREMENT INTEGRITY (FAR 52.203-8) (SEP-1990) ALTERNATE I (SEP1990) 7.
Sections K, L, and M, are deleted for the purposes of this contract.
8.
Nothing follows.
t
.. ~ - - _
kKiR DT Of tth04 0A CONT AAct0A l ouANTITY UNIT UNIT PRict AMovNT
. 37EM No.
sV4Uts.$(RVICE$
B.4.1 CATEGORY A. Monday thru Friday, exclusive of (;overtiment holidays, during the nours ESTIMATED 8:00, a.m. to 5:30 p.m.
QUANTITY
- a. Truck and Driver (18 f t.w/ lif t ga te).......
135 Hr 5
33.36 5
4,503.60
- b. Truck and Driver (tractor / trailer)........
30 Hr S
53.37 1,601.10 c.
tia re hous ema n...............................
650 Hr 5
15.05 5
9,782.50 d.
Hel per, Gene ral Move r.......................
2050 Hr 13.12
$ 26,896.00 e.
S u o e rv i s o r................................
150 Hr 16.50 2,475.00 B.4.2 CATEGORY B_ -- Moncay thru Friday. 5:30 c.n.
tnru 6:00 a n., and all Saturdays, Sundays I
ana holidays
- 3. Trucx aiic r ver ilS fi. w/li f t-gate)....
1.'. 0 Hr ' s 41.62 5
5,826.80
- . in.ck alio Or ver (tracter/ trailer).......
50
- kr 5
61.62
,5 _ 3,081.00 I
c., d a re n ou s e ma n............................
100 Hr 5
22.56 2,256.00 i
- . l.-e ice r, Sene ra l Move r..................
985 Hr 19.65 !5 19,355.25 i
e'harv1sor...............................
100 Hr 5-24.75 5
2,475.00 l
5.4.3 0:5?05AL OF EEFUSE - The cost of discos 1nn j
of refuse will be reimoursed at ACTUAL cost.'
The Government's estimate is 5900.00 per yean.......
S00.00 l,5 79,052.25 TOTAL BASE. YEAR:
1
- 8 m 74 &'14 4.14 8-408 7 36 109 ST ANDARD FORM 36 (mtv. 30.g3I PatviOUS f CITION USASLE 7.TJ]M'.Y.c..s.a.'..
- CPO 1941 o. Mi.g}; revn I-
2eQ
_q ITEM NO.
$VPPLits/st RVICt3 QUANTITY UNIT UNIT PAICE AMOVNT B. 5.1 CATEGORY-A - Honday thru Friday, exclusive of Govertinent holidays, during the hours ESTIMATED 8:00 a.m. to 5:30 p.m.
QUANTITY
- a. Truck and Driver (18 f t.w/lif t-gate).......
135 Hr 5 34.60 4,671.00
- b. Truck and Driver (tractor / trailer)........
30 Hr S 55.69 5
1,670.70
- c. Wa re ho u s ernan...............................
650 Hr
$ 15.35 9,977.50
- d. Hel pe r, Gene ra l Move r......................
2050 Hr
$ 13.41
$ 27,490.50 e.
Supervisor.................................
150 Hr 16.83 2.524.50 B.S.2 CATEGORY B - Monday thru Friday, 5:30 p.n.
tnru 8:00 a.m., and all Saturdays, Sundays and holidays
- 3. Truck anc Criver (18 f t, w/li f t-gate)....
140 He 43.03 6.024.20
- b. Truck ano 3 river (tractor / trailer).......
50-ir S
64.11 3.205.50 H
c.'.la re n o u s era n............................
100 Hr 5
23.07 2.307.00
-d.
Me l o e r, G a n e ra l.*4o ve r....................
985 Hr,
20.20
$ 19,897.00
- e.
S u e rv i s o r...............................
100 He 25.24 2,524.00 B.S.3 O!SPOSAL OF REFUSE - The cost of disposing of refusa will be relmbursed at ACTUAL cost.
'he Goveii, rent's estimate is $800.00 per year.
S00.00 TOTAL OPTICN Y AR ONE:
$_ 81,091. 90 t
lutar 744446.t83 4007 24 109 PRtViCUS EDITION U$ A8Lg STAMDA AD FORM 26 ( A c v. go.4 33
. o o, i.e a........ m..
Prm no aevosA
(
8
~.-
hAad6 9F OF FERQR QR CQN1R ACIQR
/ '
s ITEM No.
sVPP6 tis.'SEQVICts OuANTITY UNIT VNtT PRICE AMOUN7 4
B.6 1 CATEGORY A - Monday thru Friday, exclusive of Government holidays, during the hours ESTIMATED QUANTITY 8:00, a.m. to 5:30 p.m.
Truck and Driver (18 f t.w/lif t-gate ).......
540 Hr 36.26 19,5 80._4 C a.
- b. Truck and Driver (tractor / trailer)........
120 Hr 57.78 6,933.6C 2600 He 15.77 5
41, oo2. 0c
- c. tia re hou s eman...............................
8200 Hr S
13.80
$ 113,160.0C
- d. Helper, General Mover......................
600 Hr 5
17.21 10,326.ot e.
S u p e rv i s o r.................................
B.6.2 CATEGORY B_ - Monday thru Friday, 5:30 p.r.
thru 6:00 a.m., and all Saturcays, Suncays
- anaholidays 550 Hr 44.93 5
25,160.8C a.f Trucx aria Driver (18 f t, w/lif t. gate)....
i 200 Hr 66.44 5, 13,2ss.oc b.l Truck and Driver (tractor / trailer).......
400 Hr 23.56 9,424.0C
- c. '.: a re n eu s e ma n.............................
- . f ;.e l er, Gene ral Move r....................
3940 Hr 5
20.56 5
si,oos.4c 400 Hr 25.94 10,376.0C e,
h:ervisor...............................
8.6.3 MSPOSAL OF REFUSE - The cost cf disposing of refuse will be reimbursed at ACTUAL cest.
800.00 Tr.e Government's estimate is $800.00 per year.........l...;...........
i T10TAL OFTION YEAR TUO:
$ 331,057.20 i
36 109 gTANDARD FORM 36 (mtv. lo43) ma ttsson.igs.aos P""8'8 '?.0 5^
Patvious EDITION VSA8LE e e im n. u t au re...
I
i.wn t auct.o coot
,.a s,4 u.
J AMENDMENT OF SOLICITATION /MOOlFICATION OF CONTRACT
) ; 7 _
menoutarmooirication so.
- 2. 4.mcriv t o*t c j...asoirioNwacn a Reno.
- 3.,,% C 2,,o. u,,,,,.a.,,
One (1) 10/16/90 I
ADM 91-127
.. asvoo.,
j p wouiNisr c ato a v ar e-in.. no.i.,
U.S. Nuclear Regulatory Crmission Division of Contracts and Pronerty Management Washington, DC 20555 6 Nysmm con e a c t e a me...m.. e..a
. a me.a. a c.
gea.e-t~outNT os souicitatioN ao.
X RS-ADM-91-127 Panamovers Transfer and Storage, Inc.
i,o. c.uo, sis tru,, o 110 Teminal Drive
{
10/9/90 Sterling, VA 22170 gcooc,,,icatioN of c cN r a*cT<oa noa No.
l L CD. GA t LD JLG tint IJo CODE IF ACILITY COOE I
11 THis ITEM ONLY APPLIES TO AMENoMENTS OF SOLICITATIONS h The soove nu'n:e ec sencitation is ame oro a. att fortn in item 14 The hout ano cate smcitiaa for receiot of cPe's is e a tenoas.
is not en.
tenemo Otters must ganowoogs remot of tnis amenoment prior to tne nour anc care specitec in me sencitation or as amewoo oy one et tae tonowing rnetnoon:
copies of te om.noment. iot B, scanoweoging remo of tais ememme+t on eacn coov of the oHer ta) ey competing items 8 aw 15. se retuming nsen inciuoes a is'e,ence to tae io'icatit :n am amenor war.mcers f Af LURE CF voyR ACKNOWL EDG.
swornitrea. or.ci 8v seoarate ietter or tewam w MENT TO BE RECEIVED AT THE PLACE OEstGNATED FOR THE 8tECElPT cF OFFERS prior TO THE MOUR ANo cATE sPECIFIEo MAY RESULT IN AEJECTION 08 YoVR OFFE n rf by virtue of tnis amemment you cesi<e to enange an arter aireaev womm.o ssen chamas may oe maoe ov teiegram or Decifiec etter, provicac then te 99 ram or beller mates ref erence to t*e soincitalion ena P.: ar'wmor ient, ano is remv.c orios to t*e ocenino 9ev' aac catt n 2. A ccum f 4 Ne *ND a,au ao som r wN ca t A ut ree u.rve,
- 13. THIS ITEM APPLIES ON LY TO MOC:FICATIONS OF CONT A ACTS CROE;$.
.T MO;1 PES THE CONTR ACT/ORCE; NO. AS CESCRIBE0 IN ITEV 14
- m. T mis J-= NG E c e CE R d.ha w t;L 6% R 6 VAN T T o.14Ptfiry S m omry, IM E cMANGL4 SET F O R T M iN iY ty ne at v Act iN t Mt CON.
,,9,9,,,,,g
'R ACT O ROER NO iN iT E V 1o A.
I FIED TO nEeLETT THE ADMIN #5TR ATivE :M ANGES is.en sa eee see sa pe,ing earles j B. THE ABOVE NUM6E RE D C ONT e ACT/C A DE R 15 MOO:sppeeenatica said, elf SLT F o RTM IN ITEM 14. PVR5 VAN T T O Tw j
c, Tm $ hw %LvtN T A., AddEEMEN t i6 LNTEREO.Nio Pvu6v ANT to Av tsoniTV QF; e
-(.o,-.-.i.,,...,-..-.-..-.,4-,
E. IMPORTANT. Ocntra: tor ' J ;s not. b } is reouirea to sign tms cocuenent anc return 00tes to tre issuing of fice.
L Gesc airt icN o s u tN av tN t,uco+ ic AT io N f ore.auna ey vet wenea an. man..ariu. as so..cianoa,eoa mes s.a, er mener wam ie...,
The purpose of this arencment is to revise the Service Categories in Section C tc crovide for two cricing catenories: Catagory A for work cerformed Moncays tnru Fridays during normal working hours (3:00 a.n. to 5:30 p.m. ), and Category B for work cerforaec Mondays thru Fricays outside the normal working hours (5:30 p.m. to 8:00 a.m. ) and on Saturdag, l
Sundays anc holidays.
Accordingly, the solicitation is anended as folicws:
- 1. Pages 9 A, 9-C anc 9-C are deletec in their entirety and are reolaced witr. the atcached pages 9 4, 9-B and 9-C.
E...........e. a....a.. a..-i.n o c oa.iue a., ine o oc u m.a....,.a c.. ia n.-, a or i e.., n........ e n.a,
.,.m..n. u ena,
.. in t o n to,..
a ans ef fect.
AA. N AML ANO fit LE QF CO N Y R ACT.NG QF F IC ER (Type or pnais l
16A. r**M L AN D I'T wi c f S tGN L R # fype.c Pnal,
@ gjy, hg Elois J. Higgins
,,. _. _ ~
T.,.. _ ma y
to 60 ff 22.Q ev
~
.i a...re., n-._.... ~,,
a.a.ar..a., wrner, t
l l
l l
f l
Amend. Tent.'!o. I to RS-ADM 91-127 Page 2 2.
Section C.1.5, Ordering Procedures, item 6 is deleted in its entirety and the following is substituted in lieu thereof:
"6.
Pricing Category A and/or B (as identified in Section B above)."
- 3. is deleted in its entirety and the attached Attachment 5 is substituted in lieu thereof.
The date and ti.T.e for the receipt of the proposal is extenced to 2:00 p.m.,
October 22, 1990.
, ~., _
ATTACHMENTllo',FIVE~
~
~ ^ ~ " -
Date of Job Order
. TO:
Panamovers Transfer & Storage,- Inc.
Attn: _ ltr. Cesar -Pf eco.
110 Terminal Drive
-Sterling, VA 22170 FROM:
FOR OFFICE. 0VING AND WAREHOUSE
. SUEJECT: JOB ORDER NUMBER ___
SUPPORT SERVICES UNDER CONTRACT NO.
SERVICE REQUIREMENT: SEE ATTACHE 0 PAGE AND SHALL SE WORK SKALL BEGIN AT
- _ ON ON COMPLETED NO LATER THAN HOURS:
UNIT:
' AMOUNT:
CATEGORY A:-
5-
/hr 5
Truck and Driver (18' f t) _
s
/hr 5
Truck ana Oriver(tractor _)-
5
/hr 5
i
' Warenouseman 5
/hr 5
Heleer, General Mover
- Supervisor 5
/hr 5
CATEGORY 8:
S
/hr 5
Truct ana Driver (18 f t)
Truck and Driver (tracter)'
5_
/hr
- 5 S _.
/hr 5
Warenouseman 5
/hr 5
Heioer. General Mover'
/hr 5
g Sucervi sor Disposal of Refuse TOTAL ESTIl1ATED AMOUNT: 5 CURRENT CONTRACT OSLIGATION: 5-
- 5 _.
l ANOUNT OF THIS-JOB ORDER CONTRACT OSLIGATION' BALANCE: 5 DISTRIBUTION OF JOB ORDER-TO:Contracti Administrator Project Officer 4
l-4 4
'mTy ayyp---
- m-1r D--
T m
'4pp.>,
4 e
m
=-
p-y-.
w
+t 4
'='d "n'-
--v e
w~
w
- 50LIC8TATION,OFFERANDAdARD a
- 1. This contract is a rated order uncer OPAS(15 CFR 350) RATfNG:
!4. TYPE OF SOLICITATION 2, CONTRACT _NO.
_ j3. SOLICITATION NO.
RS-ADM-91-127 l
(-') SEALE0 BIO (IFB) l (X) NEGOTIATED (RFP) 5.-DATE ISSUED j6. REQUISITION / PURCHASE REO NO.
00T 0 9 1930 ADM-91-127 l
- 7. ISSUED BY CODE l8. A00RESS OFFER TO l
ATTN:
RS-ADM-91-127 l
Offer must be addressed as shown in U.S. Nuclear Regulatory. Commission l
Item 7.
Hand-carried offers Div. of Centracts & Property Mgmt.
l (including Express Mail and delivery Contract Neg. Branch No.1; P-1020 l
services) must be delivered to Washington, DC 20555 l
the address in Item 9.
NOTE: In sealed bid solicitations, "of fer" and "of feror" n.ean " bid" and "b'
aer".
SOLICITATION
- 9. Sealed offers for furnishing the services or supplies in the seneoule are due at 2:00 P!). Wasnington, DC local time on 10/17/90, Offers sent tnrcuen the dos.
Mail (inclucing U.5, Postal Service Express Mail Next Day Service Post Office to Addressee) must be addresseo to the place specified in Item 7.
All hanc-carried offers including those made by private delivery services (e.g.
Feoeral Express anc Airborne Excress) must be delivered to 7920 Norfolk Avenue, Betnesca, Maryland 20814 and-received in the depository located in Room P-1011.
NRC is_ a secure f acility with cerimeter access-control and NRC personnel are not availaole to receive hand-carried of fers except during normal working hours, 7:30 AM - 4: 15 FM, Moncay through Friday, excluding _ federal holicays. Offerors should be aware that many private carriers only make deliveries to the mail All offerors should allow extra time for internal mail distribution.
room.
Offerers should clearly identify th'e RFP number on the outside wraoper.
IFB's should have af fixed the Optional--Form (OF) 17, "Saaled Bid Label," on the outside wrapper.
CAUTION - LATE SUBMIS$10NS, M001FICAT10NS AND WITHORAWALS.
SEE SECTION L.
PROVISION N0. 52.214-7 or 52.215-10.
All of fers are subject to all terms and concitions contained in this solicitation.
(See the Provision in Section L, " Proposal Presentation and Format").
- 10. FOR INFORMATION'A. NAME:
'B.
TELEPHONE NO. (Incluce Area Code)
CALL:
!TeresaMcLearen (N0 COLLECT CALLS) j j
(301) 492-a290 i
EXCEPTION TL STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48CFR)53.214(c) 1
J:
SOLIC8TATION, OFFER AND ASARD Page 2
-11.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT 0
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
OELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF 00CUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS-L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALUATION FACTORS FOR AWARO OFFER (Must be fully completed by offeror)
NOTE:
Item 12 does not apply if the solicitation includes the provision at i
52.214-16, Minimum Bid Acceptance Period.
12 In compliance @with the above, the undersigned agrees, if this offer is accepted within calendar days (9 0 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time speciffeo in the schedule.
s
- 13. DISCOUNT FOR PROMPT PAfMENT (See Section I, Clause No. 52.232-8) 10 CALENDAR DAYS 20 CALENDAR CAYS 30 CALENDAR DAYS _ _ CALENDAR DAYS
-e-
-e - %
i
- 14. ACKNOWLEDGEMENT OF AMEN 0MENTS The offeror acknowledges receipt of l
amendments to-the SOLICITATION for offerers and related documents numbered and dated:
AMEN 0 MENT NO.
DATE AMEN 0 MENT NO.
DATE
')2L Y IY/kl'70 15A. NAME AND l CODE l l
FACILITY l l16, NAME AND TITLE OF PERSON L
. ADDRESS l
AUTHORIZED TO SIGN OFFER l ham'nas /hma T hfM-(Type or print) 0F 0FFEROR l //0 TtRaiN M D n. y; l
h w [ ?iceo l S T titLiWG, Y A 2/7O l
?p e s.;p s a r-I l
158. TELEPHONE NO. (Include Area l15C. CHECK IF REMITTANCE ADDRESS IS Code) l ( ) DIFFERENT FROM AB0VE - ENTER SUCH 7gj/3 7p, fpp p g
ADDRESS IN SCHEDULE
- 17. SIGNATURE:
}(
- 18. OFFER DATE:
f jp, 77, g, EXCEPTION TO STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48CFR)53.214(c)
T
SOLICITATION, OFFER AND AWARD j
l Page 3 AWARD (To be completed by Government)
- 19. ACCEPTED AS 10 ITEMS NUMBERE0l20. AMOUNT l21. ACCOUNTING AND APPROPRIATI0H l
l l
l l
l l
l
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
( ) 10 U.:.C. 2304(c)( )
(X) 41 U.S.C. 253(c)(5)
- 23. SUBMIT IFVOICES TO ADDRESS SHOWN IN
' ITEM (4 copies unless otherwise specified) l 24 ADMINISTERED BY CODE l
'25.PkYMENTWILLBEMADESYCODEl i
(If otner than item 7) l l
U.S. Nuclear Regulatery Commission l
Division of Accounting and Finance l
GOV /COM Accounting Section l
Washington, DC 20555 l
- 26. NAME OF CONTRACTING OFFICER ;27. UNITED STATES OF AMERICA l28. AWARD OATE (Type or Print) l l
l I
l(Signature of Contracting Of fir:er)l, IMPORTANT - Award will be made on this Form or on Standard Form 26, or ey other authorized official written notice.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(c) l f
TABLE OF CONTENTS PAGE SOLICITATION, OFFER AND AWARD....................
1 TABLE OF CONTENTS.........................
4 PART I - THE SCHEDULE................
8 SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS..........
8 B.1 PROJECT TITLE.........
8 B.2 BRIEF DESCRIPTION OF WORK (KAR 1987) 8 ALTERNATE I (JUNE 1988) 3.3 CONSIDERATION AND OBLIGATION--0ELIVERY ORDERS..
8 (JUNE 1988) 8.4 PRICING.......
9 SECTION C - DESCRIPTION / SPECIFICATION...
10
/ WORK STATEMENT C.1 STATEMENT OF WORK..............
10 SECTION O - PACKAGING AND HARKING....
14 0.1 PACKAGING AND MARKING (MAR 1987).
14 SECTION E - INSPECTION AND ACCEPTANCE....
15 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 15 SECTION F - DELIVERIES OR PERFORMANCE...........
16 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 16 F.2 DURATION OF CONTRACT PERIOD (MAR 1987)...
16 ALTERNATE IV (JUNE 1988)
SECTION G - CONTRACT ADMINISTRATION DATA 17 G.1 PROJECT OFFICER AUTHORITY (MAR 1987).
17 ALTERNATE I (MAR 1987)
G.2 REMITTANCE ADDRESS (MAR 1987)..
17 SECTION H - SPECIAL CONTRACT REQUIREMENTS..
19 H.1 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).
19 H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988).
19 H.3 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTFREST,..
19 H.4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS.....
21 (NOV 1989)
H5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..
22 (JUNE 1988)
PART II - CONTRACT CLAUSES.
23 CONTRACT CLAUSES 23 SECTION I I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,
23 1.2 ORDERING (FAR 52.216-18) ( APR 1984) 24 I.3 OELIVERY-ORDER LIMITATIONS..
25 (FAR 52.216-19) ( APR 1984) 1.4 REQUIREMENTS (FAR 52.216-21) (APR 1984) 25 ALTERNATE I (APR 1984) 1.5 SPECIAL 8(a) CONTRACT CONDITIONS (FAR 52.219-11).
26 (FEB 1990)
(
1
-1 TABLE OF CONTENTS PAGE I.6 LIMITATIONS ON SUBCONTRACTING........,......
27 (FAR 52.219-14) (OCT 1987)
!.7 SERVICE CONTRACT ACT OF 1965, AS AMENDED..........
27 (FAR 52.222-41) (MY 1989)
I.8 STATEMENT OF EQUIVALENT RATES FOR FEDERAL.........
35 HIRES (FAR 52.222-42) (KAY 1989) 1.9 DRUG-FREE WORKPLACE (FAR 52.223-6) (JUL 1990).......
36 I.10 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).........
38 1.11 ELECTRONIC FUNDS HANSFER PAYMENT METH005 (FAR 52.232-28).
42 (APR1989) 1.12 CLAUSES INCORPORATED BY REFERENCE.
44 (FAR 52.252-2) (JUN 1988) 1.13 CPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES,,
44 (FAR 52.217-9)(MAR 1989)
PART !!! - LIST OF DOCUMENTS, EXHIBITS...............
45 AND OTHER ATTACHMENTS SECTICN J - LIST OF ATTACHMENTS.........
45 J.1 ATTACHMENTS (MAR 1987).....
45 REPRESENTATIONS AND INSTRUCTIONS 46 PART IV SECTICN < - REPRESENTATIONS, CERTIFICATIONS ANO 46 OTHER STATEMENTS OF OFFERORS K,1 CONTINGENT FEE REPRESENTATION ANO 46 AGREEwENT (FAR 52.203-4) ( APR 1954)
K.2 TAXPAYER IDENTIFICATION (FAR 52.204-3) (SEP 1989) 17 K.3 CERTIFICATION REGARDING DESARMENT, SUSPENSION,..
48 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (MAY 1989)
K.a TYPE OF EUSINESS ORGANIZATION (FAR 52.215-5) (JUL ;587) 29 K.5 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984) 50 K.5 SMALL BUSINESS CONCERN REPRESENTATICN......
50 (FAR 52.219-1) (FEB 1990)
K.7 SMALL DISADVANTAGED BUSINESS CCNCERN REPRESENTATICN 50 (FAR 52.219-2) (FEB 1990)
K.S WOMEN-0WNED SMALL BUSINESS REPRESENTATION.
52 (FAR 52.219-3) (APR 1984)
K.9 PREFERENCE FOR LABOR SURPLUS AREA CCNCERN3.
52 (FAR 52.220-1) ( APR 1984)
K.10 CERTIFICATION OF NONSEGREGATED FACILITIES.....
53 (FAR 52.222-21) ( APR 1984)
K.11 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS..
53 (FAR 52.222-22) ( APR 1984)
K.12 AFFIRMATIVE ACTION COMPLIANCE........
54 (FAR 52.222-25) ( APR 1984)
K.13 CLEAN AIR AND WATER CERTIFICATION,....
54 (FAR 52.223-1) (APR 1984)
K.la CERTIFICATION REGARDING A DRUG-FREE WORKPLACE.......
55 (FAR 52.223-5) (JUL 1990)
K 15 NOTICE OF RESTRICTIONS ON CONTRACTING WITH..
57 SANCTIONED PERSONS (FAR 52.225-12) (MAY 1989)
K.15 CONTRACTOR ORGANIZATICNAL CCNFLICTS OF INTEREST,.
57 REPRESENTATION
TABLE OF CONTENTS PAGE K 17 QUALIFleATIONS OF CONTRACT EMPLOYEES (JUNE 1989)......
58 K 18 L CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988)..
'58 K.19 CERTIFICATION AND DISCLOSURE REGARDINO PAYMENTS TO.,...
59 INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11)
(JAN 1990)
SECTION'l - INSTRUCTIONS, CONDITIONS, AND NOTICES.......
60 TO OFFER 0RS L.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED 60 BY REFERENCE L.2 CONTRACTOR ESTABLISHMENT CODE (FAR 52.204-4) (AUG 1989)..
60 L.3 FACILITIES CAPITAL COST OF MONEY..............
61 (FAR 52.215-30) (SEP 1987)
L.4 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984).
61 L5 SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988).......
61 L. 6 SOLICITATION PROVISIONS INCORPORATED BY.....,,
62 REFERENCE (FAR 52.252-1) (JUN 1988)
L.7 LEVEL OF EFFORT (JUNE 1988)...........
62 L.8 ESTIMATED DURATION (JUNE 1988).........
62 L.9 ACCEPTANCE PERIOD (MAR 1987).
62 L.10 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION.
62 (MAR 1987) ALTERNATE I (MAR 1987)
L.11 PROPOSAL PRESENTATION AND FORMAT (JUNE 1988) 63 ALTERNATE II (JUNE 1988) (OMB CLEARANCE NUMBER 3150-0118)
L.12 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987),.
65 SECTICN M - EVALUATION FACTORS FOR AWARD.....
66
~W,1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED...
66 BY REFERENCE M.2 EVALUATION OF OPT:0NS 66 (FAR 52.217-5) (JUN 1988)
/
_ i
a Page 7 0FFER0RS/8100ERS PLEASE NOTE:
An (*) means the information is to be incorporated into any resultant contract.
l l
... ~.
- -.. +. _ _.,.
.~-
- M AWL QF QFFEROR QM ggN1 A AGlQ A 8
fUNI? UNIT PQlet AMoWT ITEM No.
sverutsstAvicts ouANTITY B.4.1' CATEGORY A - Monday thru Friday, exclusive of Goveniment holidays, during the nours ESTIMATED 8:00 a.m. to 5:30 p.m.
OUANTITY
- a. Truck and Driver (18 f t.w/lif t-gate).......
135 Hr 5 S I. 2 /
$ N6M/
- b. Truck and Driver -( tractor / trailer)........
30 Hr 5.sy 8/
5
/, l W. i 650 Hr
$ /S.M[
$ /8, OkfD c.
w a re no u s ema n...............................
- d. He l p e r,.iene ral Pove r.....................
2050 He
$ /.8.e/ /'
$ J 7, /3f4 5 //. 96 l S 1,M/.C 150 Hr e.
S u o e r vi s o r.................................
B.4.2 CATEGORY S - Moncay thru Fricay. 5:30 c.r.
tnru c:,0 a.n., ano all Saturdays, Secays
'i lanc hol* days l
l Truck anc : river M3 f t', w/it f t-gatel...
120 nr l 5 NV - 3 I, 7M.y I
3.
b.iTrucK ar: : river
.ract:r/tr$11er)......
50
, Mr.i MO I d, D [4 5
f' Mr5 3 7.7/ L 5 1 774 l
100
- . uarenout ran............................,
- . f.-e i:e r, 3ene ral :ve r........
955
-r 5 13.M ! 5 J8.52/.d i
I I
'Su:erv15:r..............................
100 Hr 3 38'./3
'$ d [/5'.f e.
I S.4.3 O!SPOSAL :F REFUSE The cos of dis:osvg of refuse will. be reimbursec at ACT'JAL cest.
I 800.00-The _ Government's es timate i s $800.00 per yean..........
.0 tad SASE YEAR:
$ 8/. 7M b 7
I-l 36 109 gTANDARD FORM 36 (Rty, gN3:
team 766%cl 183 40s)
M '$A C
I.*n PREVickJ1 EDITION USABLE
- M 0 - We N I
5 hAadt OF QFFE AQR C A CONI A AGic ITEM NO.
$uPPLIES/5ERVICEs CUANTITY UNIT UNIT PAICE AMOUNT l
B. 5.1 CATEGORY A - Monday thru Friday, exclusive of Government holidays, during the neurs ESTIMATED 8:00 a.m. to 5:30 p.m.
OUANTITY
- a. Truck and Driver (18 f t.w/lif t-gate).......
135 Hr
$ 3It/
4 f.f 9 7'
- b. Truck and Dri ver (tractor / trailer)........
30 Hr S 57 f f
/, 736. 7' c.
Wa re ho u s ema n...............................
650 Hr 5 //. 0 $
$/8,M.2500
- d. Helper, Gene ral Mover....................
2050 Hr 5 //.0/
$)f."72df e.
S up e rv1 s o r.
150 Hr 5/74
$ 2,/22,4
- 9. 5.2 CATEGORY B - Menday thru Friday, 5:30 o.m.
tnru d:00 a.m., and all Saturdays, Sundays and holidays h
- a. Trucx anc Dr! ver (18 f t, wili f t-gate)....
140 Hr l 5 604 /
2 // f. A
- b. Truck and ' 0ri ver ( tractor / trai ler).......
50
!Hr
[.27D $ 4 /M60 c.
!Ia re n ous ema n.............................
100 Hr S 29 77 f,f7M.
d.
He l c e r, tien e ra l Move r....................
985 Hr S 2/. 7M $ M[36 7 e.
S u o e rvi s e r...............................
100 Hr 5 2/.72 8,/ 71 J B.S.3 DISPOSAL OF REFUSE - The.cest of discosing.,
of refuse will be reimbursec at ACTUAL cost.
The-Government's estimate is $800.00 cer year.
.-..l.............$
800.00 TOTAL OPTICN YSAR ONE:
_$ h/,898. E' t
men toesos.t43 4est 3&l09 STANDAR0 FORM 36 taty.10 43)
P9ttyiOUS EptT!CN USASLE Preactised DY GSA
,,,,3 I
qs 4 -w e is-r-_ww g
g
--v4e
=.
~
I I
rA o ts j
4 -
hAnsE OF OFFERCA QR CONT A AC1C A UNITf.; NIT PRICE AMoVNT ITEM No.-
su* rues.'st RVICES QJWT(TY B.6 1 CATEGORY A - Monday thru Friday, exclusive of Government nolidays, during the hours ESTIMATED 8:00 a.m. to 5:30 p.m.
QUANTITY Truck and Driver (18 f t.w/lif t-gate).......
540 Hr S,M 9E S 2 #. /d e.f.,
a.
- b. Truck anc Driver (tractor / trailer)........
120 Hr S//.38 7, 2 M '
2600 Hr 5 //./hi 5 #18Y[.4 c.
W a re no u s e ma n...............................
- d. Heleer, General Mover......................
8200 Hr 5 /MA S //h,Ib 600 Hr 5 / 7.ff
/8, Nld3 e.
S u: e r v i s o r.................................
B.6.2 CATEGORY B Monday thru Friday, 5:30 p.e.
tnru 8:00 a.m., and all Saturdays, hn:ays anc nolidays j
- 29.,#.3$ #
Hr l 5 f3. 2 8 5
- a. Tru:x anc Oriver (18 f t. w/lif t-gate'...,
550 I $ 7,F7/
S /6, /[f. 9 b.! Tru:x anc Driver (tracter/ trailer)..,..,
200 Hr 400 Hr 5 20. N S /f8'd7 c., u a re n ous e ma n............................
3940 Hr i 5 2[.3 '[
S /d8 Nf d
- d. Hel:e r, Gene rai Mover....................
400 Hr S 37M
$ /I, ?$f '
e.
S u: e rv i s o r..............................,
l B.6.3 DIS 05AL OF REFUSE - The cost of dispernng,
l of refuse will be reimbursed at ACTUAL con.
The Government's estimate is $800.00 per year
...J.,
800.00 1
TOTAL OPTICl Y3AR TUO:
58Mf8.?
s.T.Auo.A.no eonu as inev. t n aun nu,i.e.oi.iu mA os e.ui.
nuvious somen usAsa
'I
1 L e-Page 8 RS-ADH-91-127
~
Section 8 PART I - THE SCHEDULE i
SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 PROJECT TITLE The title of this project is as follows:
-e Office Moving and Warehouse Support Services 1
= u i
(EndofClause) y B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE I (JUNE 1988)-
a.
Brief' description of work:
The Contractor shall furnish all labor, equipment, materials (except moving boxes), vehicles, and supervision go to perform both inter and intra building moving services o
Landi specific warehouse support' services in 'accordance with-the Statement of Work under Section C, " Description /
E Specification / Work Statement" of this contract; i
.b.
Orders will be issued for. work required by the NRC 'n accordance with 52.216-18 : Ordering. 1Dnly Contracting:0fficers of 4
'the:NRC or other individuals;specifically; authorized under this-contractimay authorize the initiation of: work under this contract.
TheTprovisions lof this contract shall govern all' orders issued hereunder.
_ End of Clause):
(
B.3 CONSIDERATION AND OBLIGATION--DELIVERY 0RDERS (JUNE-1988) a.
The total estimated amount:of this: contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is ___*___. nThe -Contracting Of ficer. may--unilaterally increase this amount as'necessary for orders.to be placed with the-contractor:duringithe contractiperiod.provided such orders are-within any_ maximum ordering limitation prescribed under this-p contract.
p mo.,
'1-v o
. ~..
.,_m
Section B RS-ADM-91-127 b.
The amount Dresently obligated with respect to this contract is _
- Tlie Contracting Officer may issue orders for work up to amount presently obligated. This obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract.
The obligated amount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the Contractor in excess of the obligated arne it specified above is done so at the Contractor's sole risk.
(End of Clause)
B.4 PRICING The following fixed hourly rates, inclusive of all indirect costs and profit, shall apply for the duration of the contract.
These rates cover all expenses, including salaries, overhead, general and aoministrative expenses, use of equipment, travel, ano all other direct and indirect expenses involved in fulfilling the recuirements uncer this contract, and Orofit.
- e.-
i
-5ECTfCN 0 - OESCRIPTION/ SPEC!FfCATION
/WORX STATENENT C.1 STATEMENT OF WORX.
C.I.110BJECTIVE The purpose of this contract is to provide the NRC with inter ano intra building moving services and specific warehouse support services, including the loading and unloading of trucks for small deliveries, assemoling new wornstations and ~ furnishing ano olacing inventory in its proper shelf locations in the NRC Warehouse.
C. I.1 STATMENT CF WORK The Contract:r shall furnish all labor, ecuipment materials a.(except moving ::xes), vehicles ano sucervision to perform the objectives of this contract.
b.
7ese serytces shall, be cerformeo on an on-call basis, as recuireo by tne NRC. The Contractor shall refer to Subsecti:n C. ' i. "Orcering ;rocedures."
- . Smillart:sti:n with Conoitions
::n recei:t :f sn order from the Centracting Offi:er, the Centract:r
.snai' ac:uaint 'tself with all available information regaroing
- "f:ulties wnien may oe encountereo ano all tne cenoittens uncer wnt:n the worx.ust be ace:molishec. The Contractor snail not :e reitsvec from ass =ing all responsibility for procerly esti::ating tne :ifficulties ano the cost of performing the services recuirto
~
because :of 'ts failure to investigate the_ conditions or teceme ac::aintee witn all information concerning the : services to be -
perf:rmed.
d.
Contractor's Personnel s
The Contractor's employeesi ssigned to work under this contract a
shall be trained, fully _ qualified, free from connunicable disease, anc :nysically a:le to perform the-assigned work under this contract.
In cases where an en91oyee appears physically unfit _to work unoer this contract, ne Project Officer shall innediately notify the Contractor!s Job Supervisor for removal of the unfit individual and request a
' replacement, if :ossible.
Responsibility e.
The Contractor snall be responsible for any loss or._ damage to any Government owneo or controlled property during the' performance of this.:entract wnich is caused by the Contractor's failure to l
d t
o
. _ _ - ~. _ _..
y Section C RS-ADM-91-127 exercise reasonable and prudent care in protecting the property in its custody. _ The Contractor shall be responsible for necessary supervision and padding to assure against breakage and/or damage to furniture and equipment being moved.
f.
Job -Supervi sor The Contractor shall designate a Job Supervisor to work with the NRC Project Officer in developing a detailed clan of execution of service to be rendered.- The Job Supervisor's duties will be to assure that the men / women and equipment report timely and do not absent themselves-during the working hours until they are
~
- released, t
9.- Security The Contracter shall conform to any security regulations in ef fect during the period of performance of this-contract.
h.
Equipment All _necessary eouipment shall be provided by the Contractor and snail' include, but not be limited to, dollies, hand trucks, furniture paos, motorized trucks, etc, Refuse The Contractor shall be responsible for tha removal of excess cocuments and correspondence refuse which will be packea in coxes The anc lined up in the hallways on eacn floor to awatt pickup.
Contractor snail use an elevator and off-street loacing metnea for All refuse shall then be hauled to a landfill or
- pickvo, otnerwise properly disposea of.
J.
cacking
~he, Contractor snall remove materials from shelves, place them in boxes, transport'to new location, unpack boxes anc install materials back on shelves per instructions and/or-diagram from NRC All moving boxes will be crovided by the-NRC, Contracting Of ficer.
C.I.3-Bull.DDIG 1.0 CATIONS
~he -list of NRC building locations for the inter and intra moving It is noted that during
-and_ hauling seryices are indicated below.
the NRC may provide the period of performance of this contract, All additions or deletions to this list of butiding _locatio.ns.
- building 1ocations will be within the Metropolitan Washington, 00, area.
East West / Vest Towers Building 4350 East West Highway,.Bethesda, MO Maryland National Bank But1 ding 7735 Did Georgetown Road, Bethesda,--MD i
1
_. s.,
IL-t RS-ADM-91.127 Section C Nicholson' Lane Building'/ North 5640-Nicholson Lane, Rockville,_MO Nicholson LanC 9u11 ding / South 5650 Nicholson Lane.Rockville, M0 Phillips Buildly.g1 7920 Horfolk'Av'enue,'8ethesda, MD One White F?fn North Building-11555 Rockyi11e fike, Rockville, MO 1
1 Woodmont 8vildit.g.
8120 Woodmort Avenue, Bethesda, M0 GelmanButih!n_g 2120 L St rear... Washington, OC -
Varehouse 5000 Boilirg Grook: Pkwy,.Rockville, M0 C.1.4 FEDE4AL LEGALLHOLIDAYS i
Except as nacified by the' Contracting '0f ficer, work shall not be reautred on the following nolidays nor holidays observed in. lieu thereof:
- 1..New Year's Day _
7.
Columbus Day-2..
Martin Luther King's Birthday 8.
Veteran's Day
- 3. --George. Washington's -Birthday 9.
Thanksgiving-Day o
4 Memorial C6y:
- 10. Christmas Day-s5.
Indeciescarce Day -
11.-Inaugural-Day l -
6: Labor cay lC.1.5 i ORDEP.MG 1ROCEDURES i
The NRC Contracting Off f cer shall' submit a. written job-order form to the Contractor which will.-f denti fyi i
'la.' Job order number
!2. L0 ate'of job _' order
-3. ?0 ate serv-Ic.e is required L4 Specific service required n
- 5.
Specific location: from where to where
-6.
Pricing Category A, Bland /or C (as identified in Section 8 above) 7. Required,lebor category under each pricing category and the fixed hourly: rate for each" labor category-
_S.
Maximum estimated. hours for each labor category
- 9. 'iotal estimated amount for entire job order
- 10. Current' contract obligation amount
~ A copy of. samole job order is attached to this contract (refer to 1
Section J, " List lof = Attachments").
This sample may be revised by j
the NRC-Contracting Officer..
l
.G
,,,c y,
, -, y
- -, +.,,. -. *. - =--
j.
Section C j
_RS-ADM-91-127'
-l The Contractor shall accept written job orders that are placed only by the Contracting Officer. The Government will not be held liable for costs incurred by the Contractor as 'a result of job orders accepted-from unauthorized individuals.
In those instances where expeditious service is required by the NRC, the Contractor
.shall accept telephone job orders made by the NRC Contracting Officer.
Such telephonic job orders will be immediately confirmed in a written job order.
c.1.6-SERVICE TICXETS The Contractor shall maintain service tickets which will account for all labor incurred for each job order.
The service ticket shall reflect all arrival and departure times of each employee assigned to the job order.
The Contractor shall provide a copy of the service ticket with the invoice.
Refer to' Attachment 1,
" Billing Icstructions."
C. I.- 7 GUARANTEED MINIMUH-All orders placeo by the NRC Contracting Officer will contain a minimum of four hours for each person at the applica01e hourly wage as shown in Section B of this contract.
C.1.3 CANCELLATION CHARGES The NRC Contractiig Of ficer will place any cancellation notice, either orally or in writing, to the Contractor between '.he hours of S:00 a.m. througn 1:00 p.m., Monday through Friday, except legai holidays. Should the NRC cancel on the effective cate of an orcer, the Contractor shall make all efforts to reacn every person assigned to the. Job order to cancel the assignment.
In the event that the Contractor is unable to reach any person assigneo to tne cancellec job orcer, and that person arrives at the job destination, the Governrent snall pay the Contractor the minimum of four hours for eacn persen orcered who arrived at the job designation, at the soplicaDie hourly wage as shown in-Section B of this contract.
Cancellation charges shall not appl) for tnose persons the Contractor-was aole to reacn to cancel the assignment.
(EndofClause) 1 L
F
d Page 14 RS-ADM-91-127 Section 0 SECTION O - PACKAGING AND MARKING 3
0.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in
'such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other-carriers as applicable to the mode of-transportation. Go the front of the package, the Contractor-shall-clearly identify the contract number under which the product is being provided.
(End of Clause) 1 7
I e
l-1:
4 l
t k
.6,
=.
Page 15 R$-ADH-91-127 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.246-6 JAN 1986 INSPECTION -- TlHE-AND-MATERIAL AND LABOR-HOUR t
J Page 16 R$ ACM-91-127 Section F SECTION F - DELIVERIES OR PERFORKANCE
.a F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQU!$1 TION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE
$2.212-13 AUG 1989 STOP-WORK ORDER F.2 CURATION OF CONTRACT PERIOD (MAR 1987)
ALTEPNAlE It! (JUNE 1988)
The ordering period for this contract shall commence on and will expire on ___*___.
Any orders issued during this period shall be completed within the time specified in the orcer, unless otherwise specified herein.
(See 52.216 Orde ri r,g. ) The term of this contract may be extended at the option of the Government for an additional ___* ___,
(End of Clause)
I
Page 17 R$-ADM-91-12?
Section G
$ECTION G - CONTRACT ADMINISTRATION DATA l
G.1 PROJECT OFFICER AUTHORITY (KAR 1987)
ALTERNATE I (KAR 1987) a.
The Contracting Officer's authorized representative hereinaf ter ref erred to as the Project Of ficer for this contract is:
Name:
Address:
Telephone Numoer:
b.
The Project Officer is responsible for:
- 1) Placing Delivery Orders for items reautred under this contrBCt.
- 2) Monitoring Contractor performance ano recommenoing to the Contracting Officer changes in requirements.
3)
Inspecting and accepting products / services provided unoer the contract.
- 4) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract ano making recommendations for approval, disapproval, or suspension, c.
The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
(End of Clause)
G.2 REMITTANCE ADDRESS (MAR 1987)
If item 15C. of the Standard Form 33 has been checked, enter the remittance address below.
Name:
Address:
i
1i Page 18 RS-ADM-91-127 section G l
(End of Clause) i e
um____
Page 19 l
St$- A04 01-127 Section H SECTION H - $PECIAL CONTP.ACT REQUIREMENTS H.1
$AFETY, HEALTH, AND FIRE PROTECTION (MAR 1957)
The Contractor shall take all ressenable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and recuirements (including reporting requirements) of the Commission anc the Department of 1. abor.
In the event that the Contractor fails to comply with these regulations or requirements, the Contracting Of ficer, may, without prejudice to any other legal er contractual rights of the Commissien, issue an order stopping all or any Cart of the work; thereaf ter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or camages by reason of er in conn,ection with such wort stoppage.
(Enc of Clause)
H.2 PRIVATE USE OF CONTRACT INFORMATION AND CATA (JUNE 19861 Except as specifically authorized by this contract, or as nr.trwise approved by the Contracting Officer, in'crmation an other cata deveiccea or accuired by or furnished to the Contractor in the reeformance of this contract shall be used only in connection with tne work uncer this c:ntract.
(End of Clause) 4.3 CONTRACICR ORGAN 17AT10NAL CONFLICTS OF INTEREST (a) Durpose. The crimary purpose of this-clause is to aio in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the ort uncer this contract, and (2) does not obtain an unfair comoetitive advantage over other parties oy virtue of its performance of this contract.
(b) Scepe. The restrictions described apply to performance or cartici:ation by the centractor as defined in 41 CFR
!20-1.5402(f) in the activities covered by this clause.
(c) sors, for ctners. Notwithstanci g any other provisien of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of whien may give rise to a conflict of interest with respect to the work i
I
(
\\
Page 20 RS-A0H-91-127 Section H being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict cf interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1) The contractor warrants 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 $20-1.5402(a).
(2) The contractor agrees that, if af ter award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proooses to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best interest of the Government.
(e) Access to and use of information.
(1) If the contractor in the performance of this contract obtains access to infortration, such as NRC plans, policies, reports, stucies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to:
(i) Use this information for any private purpose until the information ha: be&n released to the public; (11) Compete for work for the Commission based on the information for a period of six months af ter either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public, or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by
Page 21 R$-ADM-91-127 Sectica H the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary cata, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privilegeo technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this centract have been met.
(f) Subtentracts. Except as provided in 41 CFR 620-1.5402(h), the contracter shall incluce this clause, including this paragraph, in subcontracts of any tier.
The terms "centract," "centractor," ano " contracting of ficer," must be appropriately modified to reserve the Government's rights.
(g) Remecies.
For' breach of any of the above restrictions, or for intentienal nondisciesure or misrepresentation of any relevant interest required to be disclosed concerning this c:ntract or for such erroneous representations that necessarily imoly oad faith, the Government may terminate the contract for ef ault, discualify the c:rtractor from subsequent centractual ef forts, anc pursue other remedies cermitted by law er this contract.
(h) Waiver. A request for waiver under this clause must be directec in writing through tNe contracting officer to tre Executive Director for Operations (E00) in accordance with the 4
crecedures outlined in 41 CR $20-1.5411.
(Ena of Clause)
W4 DETERMINATION OF HINIMUM VAGES AND FRINGE BENEFITS (NOV 1989)
Each emoloyee of the Contractor or any subcontract:r performing services uncer this contract shall be paid at least the minimum allowable monetary wage and fringe benefits crescribed under the U.S. Department of Laber Wage Determination Number wnich is attached (See Section J for List of Attachments).
(End of Clause) t
RS-ADH 91-127 section H H.5 GOVERNMENT FURN!$HED EQUIPMENT / PROPERTY - NONE PROV10E0 (JUNE 1988)
The Government will not provide any equipment / property under this contract..
(End of Clause) i
m 9
PART II CONTRACT CLAUSE 3 CONTRACT CLAUSES SECTION I I.1 NOTICE LISTING CONTRACT CLAUSES INCCRPORATED BY REFERENCE NOTICE: The following solicitation provisions ana/er c:ntract clauses pertinent to this section are hereby incorporatec by reference:
FEDERAL AC00!$1 TION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE
$2.2C2-1 APR 1984 CEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1954 GMTUITIES 52.203-5 APR 1984 COVENANT AGAIN$T CCNTINGENT FEES 52.203-6 JUL 1955 RESTRICTIONS ON SUBCCNTRACTOR SALES TO THE GOVERNMENT 52.203-7 OCT 1928 ANTI-KICKBACK PROCEDURES 52.2C9-6 MAY 1989 PROTECTING THE GOVERNMENT'5 INTEREST VHEN SUBCCNTRACTING WITH CONTRACTORS CEEARREO.
SUSPENDED, OR PROPOSEO ::R DEBARMENT 52.215-1 APR 19S4 EXAMINATION OF RECCRCS BY COMPTROLLER GENEPAL 52.215-2 DEC 1959 AUDIT -- NEGOTIATICN 52.215-31 SEP 1957 WAIVER OF FACILITIE!
CAPITAL COST OF HONEY 52.215-33 JAN 1926 CROER OF PRECEDENCE 32.?'.! 22 APR 1933 DRIfE' REDUCTION FOR CEFECTIVE COST OR PRICING DATA 52.215 24 APR 1985 SUBCONTRACTOR COST CR ;?!CING DATA 52.219 5
.UN 1955 UTILIZATION OF SMALL SUSINESS CONCERNS AND SMALL DISA0VANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-CVNED SPALL BUSINES"t 52.220-3 APR 1954 UTILIZATIONOFLABOI SURPLUS AREA CONCERNS 52.222-3 APR 1924 CONVICT LABOR 52.222-4 MAR 1956 CONTPACT WORK HOURS AND SAFETY STANDARDS ACT --
OVERTIME COMPENSATICN 52.222-26 APR 1984 E0 VAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SFECIAL DISABLED AND VIETNAM EPA VETEMNS
..,,2-26 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED VORKERS
- g.ct 54.222-37 JAN 19EB EuPLOYMENT REPORTS CN SFECIAL f
4 R$ ACM-91-127
$ection I 1
2 0!$ABLE0 VETERANS AND VETERANS OF THE VIETNAM ERA j
52.223-2 APR 1984 CLEAN AIR AND WATER 52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS i
52.227-1 APR 1984 AUTHORIZATION AND CCNSENT 52.227-2 APR 1984 NOTICE AND AS$1 STANCE REGARDING PATENT AND COPYRIGNT INFRINGEMENT J
i 52.227-3 APR 1984 PATENT INDEMNITY 52.232-7 APR 1984 PAYMENTS UNDER TIME-AND-MATERIALS AND i
LABOR-HOUR CONTRACTS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTESALTERNATEI(AP_R1924) 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, ANO VEGETATION 52.243-3 AUG 1987 CHANGES -- TIME-AND-MATERIALS CR LABOR-HOURS 52.244 3 APR 1985 $UBCONTRACTS (TIME-ANO-MATERIALS AND LABOR-j.
HOUR CONTRACTS).
52.249-6 MAY 1956 TERMINATICN (COST REIMBURSEMENT)
ALTERNATE IV (APR 1954) 52.249-14 APR 1984-EXCUSABLE DELAYS 52.203-12 JAN 1990 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.247-3 APR 1984 CAPABILITY TO PERFOR.'I A CONTRACT FOR THE RELOCATION OF A FE0ERAL OFFICE I.2 ORCERING (FAR 52.216-18) ( APR 1984)
(a) Any supplies and serv _ ices to be furnished _uncer this contract snall be orcered by issuance of delivery orcers by tne-individuals l
or activities designated in the Schedule.
Such orcers may be issueo l
frem the effective date of the contract through the end of the effective period.
(b) A1.1 delb ery orders are subject to the terms and conditions of l
this con m et. 'In the event of conflict between a calivery order L
and-this contract, the centract shall control.
(c) If mailed, a delivery order is considered "issuea" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunicaticns only if authorized in the Schedule.
(EndofClause) l 4w%r.,.,,...
..,, ~.,,.,, _.. _ _,.,....
,,,,,,,.,.,__w.,,_c_,~..~.,_.-_m.,.
,,.____.._....._n.
... _ _ _ _ _,.,... -...,,... ~.
-___ ~.-
R5 40091 227 Sectien !
!.3 DELIVERY-ORDER LIMITATIONS (FAR 52.216-19) ( AFR 1984)
(a) Minimum order. When the Government requires supolies or services covered by this contract in an amount of less than N/A, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services uncer the contract, j
l (b)Maximumorcer. The Contractor is not obligatec to honor--
(1) Any order for a single item in excess of N/A ;
(2) Any order for a combination of items in excess of N/A; (3) A series of orders from the same ordering office within WA. days that together call for quantities exceecing the limitation in subcaragraoh (1) or (2) aoove.
(c) If this is a recuirements contract (i.e., incli Reauirements clause at suesection 52,216-21 of th' accuisition Regulation (FAR)), the Government is act ecuired ti ercer a part of any one recuire, ment f rem the Contractor if that
- ecuirement exceeds the maximum-order limitations in :aragraon (c) aoove.
(d) Notwithstancing paragraohs (b) anc (c) above, the COntracter sf'all nonor any order exceecing the maximum orcer limitations in
- aragraon (b), unless that Orcer (or orcers) is returnec to the Orcering of fice within N/ A days af ter issuance, with written aotice stating the Contract:r's intent not to ship the item (Or items) called for and the reasons.
Upon receiving this notice, the 3cvernment may accuire the suoplies or services from another source.
(End of Clause)
- .4 RE0VIREMENT$ (FAR 52.;I6-21) ( APR 1984)
' ALTERNATE I (APR 1954)
(a) This is a reavirements contract for the supplies or services scecified, and effective for the period stated, in the Schecule. The cuantities of tuoplies or services specified in the Schecule are estimates only and are not ourchased by this contract. Exceot as this contract may otherwise orovide, if the Government's reavirements do not result in orders in the quantities described as
" estimated" or " maximum" in the Schecule, that f act shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be mace only as authorizec by orcers issueo in accorcance with the Ordering clause, Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contracter shall furnish to the I~
RS-ADM-91-127 Section I Government all supplies or services specified in the Scheoule and called for by orcers issvec in accordance with the Ordering clause.
The Goverrment may issue orders requiring delivery to multiple destinations or re-formance at multiple locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.
Except as this contract otherwise provides the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceeo the quantities that the activity may itself furnish within its own capabilities.
.(d) The Government is not reautred to purchase frem the Contractor requirements in excess of any limit on total orders uncer this contract.
(e) If the Government urgently reautres delivery of any cuantity of an item before the earliest date that delivery may be specified uncer this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may accuire the urgently recuired geocs or services from another source.
(f) Any order issued dur199 the ef fective period of this contract anc not completed within that period shall be completec ey the Contractor within the time 50ecified in the order. The contract shall govern the Contractor's and Government's rights ano obligations with respect to that order to the same extent as if the orcer were completed during the contract's ef fective perio::
provided, that the Contract:r shall not be requireo to mate any
- !eliveries uncer this contract af ter 30 days af ter expiration of the contract perioc.
(Enc of Clause) 1.5 SPECIAL B(a) CONTRACT CCNDITICNS (FAR 52.219-11)
(FEB 1990)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the s;ecifications and the terms anc concitions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereuncer, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements and advance payments, delegates to the V. S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded i
e e
._.,m.,. - -,. -.
Page 4/
R$-ADM-cl-127 Sect 19a !
hereunder with cceplete authority to take any action en behalf of the Government under the terms and conditions of the subcontract; PROVIDED, HWEVER, that the U. S. Nuclear Regulatory Commission shall give acvance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for def ault or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under tMs contract will be mace directly to the subcontractor by the U.
S. Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hersuncer shall have the right of appeal from decisions of the Contracting Officer tegnitable under the "Disptes" clause e! said subcontract.
(f) To notify the U. S. Nuclear Regulatory Commission C:ntracting Cf ficer immeciately upon rotification by the subcontractor that the
- wner or ewners ueen whom B(a) eligibility was baseo plan to relinovish ownership or control of the concern.
(Eco of clause) 15 LIMITATICNS ON SUBCCNTRACTING (rAR E2.219-14) (OCT 1987) the 5y suomission ef an of fer ano execution of a contract, Cff ee:rtC:ntract:r agrees that in performance of the contract in the case of a contract for--
(a) SERVICES (EXCEPT CCNSTRUCTION),
At least 50 percent of the
- st :f contract cerformance incurreo for personnel shall be eveenced for emoioyees of sne concern.
(b) SUPPLIES (OTHER THAN PROCUREMENT FROM A REGUUR CEALER SUCH SUPPLIES). The concera snali perform work for at least 50 cercent of the cost of manufacturing the supplies, not including the
- est of materials.
(c) GENERAL CONSTRUCTICN. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own emoleyees.
l (d) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS. The concern oerform at least 25 percent of the cost of the contract, not
(
in:!vding the cost of materials, with its own employees.
I (End of Clause)
I
!.7 SERVICE CONTRACT ACT CF 1965, AS AMENDED (FAR 52.222-41) (MAY ;959)
(a) Definitions.
"Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.).
1
Page 28 RS-ADM-91-127 Section I r
" Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor, except in the term
" Government Prime Contractor "
" Service employee," as used in this clause, means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional caracity, as these terms are defined in Part 541 of Title 29, Coce of Federal Regulations, as revised.
It includes all such persons
.regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.
(b) Applicability.
This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4).
This clause d:es not apply to contracts or subcontracts administratively exempted by the Secretary of labor or exempted by 41 U.S.C. 356. as interpreted in Subpart C of 29 CFR Part 4.
(c) Compensation.
(1) Each service employee employed in the
- erfor1 nance of tnis contract by the Contractor or any subcontractor s all be paid not less than the minimum monetary wages and shall be
';rnished fringe benefits in accorcance with the wages and fringe tenfits determined by the Secretary of Labor, or autnerized toresentative, as specified in any wage determination attacheo to
- 'ti s Con tract.
(2)(1) If a ~ wage determination is attached to this contract, tne Contractor snali classify any class of service emoloyee wnien is ces listed therein and which is to be employee under tne contract, (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provice a tasonable relationship (i.e., apprcpriate level of skill c::carison) between such unlisted classifications and the
!assifications listed in' the wage determination.
Sucn conformeo class of employees shall be paid the monetary wages ano furnisheo the fringe benefits as are determined pursuant to the oreceoures in tnisparagrapn(c).
(11) This conforming procedure shall be initiateo by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Stancard Form (SF)
I 1444. Request-for Authorization of Additional Classification and l-Rate, to the Contracting Officer no later than 30 days af ter the i
unlisted class of employee performs any contract work. The i.
Contracting Officer shall review the proposed classification ano rate and promotly submit the completed SF 1444 (which ust include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standares Acministration, U.S. Department of Labor.
The Wage ano Hour Division will approve, modify, or disapprove the action er render a final determination in the event of disagreement within 30 days of
,-.,-.,ma,,-----
- n-.
,-s e,-
e v
=, --
~ - - - ~ - ~ - -
RS-aDM-91-127 Sectica I eceipt or will notify the Contracting Officer within 30 cays of receipt that additional time is necessary.
(iii) The final determination of the conformance action ey the Wage and Hour Division shall be transmitted to the Contracting Of ficer who shall promptly notify the Contractor of the action taken.
Eacn affected employee shall be furnishea by the Contract:r
.ith a written copy of such determination or it shall be posted as a cart of the wace determination, j
(iv)(A) The process of establishing wage and fringe benefit
-ates that bear a reasonable relationship to those listed in a wage cetermination cannot be recuced to any single formula. The accroach
- sec may vary from wage determination to wage determinatien
- eeending en the circumstances. Stancard wage and salary acministration practices which rank various job classifications ty
- 3y grace pursuant to point schemes or other job factors may, for eramole, be relied upon. Guidance may also be obtained frem the way
- if ferent jeos are rated uncer Feceral pay systems (Federal Wage harc Pay System and the General Schecule) or from other wage
- eterminations issued in the same locality.
Gasic to the estaolishment of any conformacle wage rate (s) is the c nce:t that a
- ay relatiensnio should be maintainea Oetween job classifications
- asea on tne skill reauireo and the cuties performec.
(B) In the case of a centract modification, an exercise
" an option, or extension of an existing contract, or in any ot er use wnere a 0:ntracter succeecs a contract under wnien the
'assificati:n in question was treviously conformed tu*suant to
- iragra n (:) of this clause, a new conformed wage rate anc frir;e
- eaefits may :e assigned to the conformed classification :y indeorg
.e., adjusting) the previous c:nformeo rate and fringe cerefits oy d
t. amount e:ual to the average (mean) percentage increase (or M:* ease, nere appropriate) between the wages anc fringe tenefits s:ecifiec for all classifications to be usec on the contract whic.
4 e listec in the current wage determination. and those specifiec
':- the corresoonding classifications in the previously a:plicable
.a;e determination. Where c nforming actions are acc:mplished in a:ccreance with this paragraon prior to the performance of contract
.on by tne unlisted class cf employees, the Contracter shall acvise
. e Contracting Officer of the action taken but the other :rececures
'n subcivision (c)(2)(ii) of this clause need not be followec.
(C) No employee engaged in performing work on this
- ntract snali in any event be paid less than the currently a::iicaole minimum wage specified under section (6)(a)(1) of the
- air Labor Standards Act of 1938, as amended.
(v) The wage rate anc fringe benefits finally determinec this suoparagraph (c)(2) of this clause shall be paid to all
. cea e oloyees performing in the classification from the first day on
.nien contract work is performea by them in the classification.
ailure to cay the unlistea employees the compensation agreed upon
- y the interested parties and/or finally determined by the Wage and
'our Division retroactive to the cate such class of employees
4 4
vage JU RS-ACM-91-127 Sect 1cn !
c:mmenced contract work snail be a vfolati:n of the Act anc this C;ntract.
(vi) Upon discovery of failure to cemely with sub:aragrach (c)(2) of this clause, the n' age and Hour Olvision shall mate a final cetermination of conformec classification, wage rate, anc/cr fringe benefits which shall be retroactiv9 to the date such class er classes of employees connenced contract work.
(3) Adjustment of Compensation.
If the term of this centra:t is core than 1 year, the minimum monetary wages and fringe tenefits recuired to De paid or furnished thereuncer to service employees uncer this contract shall be subject to adjustment af ter 1 year anc not less of ten than once every 2 years, under wage determinati:ns issued by the Wage and Hour Division.
(d) Obligati:n to Furnish Fringe Eenefits.
The Contract:r :P succ:ntract:r may disenarge the obligation to furnish fringe tenefits specified in the attacnment or determined under su:Daragraon (c)(2) of this clause by furnishing equivalent
- moinations of bona fide fringe benefits, or by making ecuivalent r cifferential cash payments, only in accrrdance with Sutcart D cf 29 CFR part 4.
(e) Minimum Wage, In t e absence of a minimum wage attachment f:r snis c:ntract, neither the Contractor nor any subcent acter vecer this contract shall :ay any ceesen :erforming work uncer tnis
- ntract (regarcless of wrether the eersen is a service emolcyee) less tnan tne minimum wage specifiec ey section 6(4)(1) of the Fair La:or Stancarcs Act of 1935. Nothing in this clause shall relieve tre Contractor or any subcentractor of any other obligation uncer law or contract for payment of a higner wage to any eteleyee.
(f) Successor Contracts.
If this contract succeeds a contract sucject to the Act under wnich substantially the same services were furnishea in the same locality and service employees were raid wages anc fringe benefits proviced for in a collective bargaining agreement, in the absence of the minimum wage attachment for this
- ntract setting forth sucn :ollective'ly targained wage rates and fringe benefits, neither the Contractor nor any subcontractor uncer this contract shall pay any service employee performing any of the centract work (regardless of whether or not such employee was
(
employed under the predecessor contract), less than the wages a*c fringe benefits provided f:r in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages aac fringe benefits cad any pr:spective increases in wages and fringe benefits provind for under such agreement. No Contractor or subcontractor uncer this c:ntract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless the Secretary of Labor or the Secretary's authori:ed representative l
finds, af ter a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provideo for in such agreement are suostantially at variance with those which prevail for services of a l
Page 31 llS-AGM-91-127 Secdon I 1
i
...aracter similar in the locality, or cetermines, as providea in 29 CFR 4.11, that the cellective bargaining agreement applicable to service employees employed under the prececessor contract was not entered into as a result of arm's length negotiations. Where it is f:und in accordance with the review procecures provided in 29 CFR 4,10 and/or 4.11 and Parts 6 and 8 that some or all of the wages ano/or fringe benefits contained in a predecessor Contract:r's
- lle:tive bargaining agreement are substantially at variance with th:ta which prevail for services of a enaracter similar in the locality, and/or that the enllective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Ceoartment will issue a new or revised wage determination setting f:rth the applicable wage rates and fringe benefits.
Sucn in determinatien shall be made part of the contract or subcontract, a::crdance with the decision of the Administrator, the A:ministrative Law Judge, or the Boarc ef Service Centract Appeals, as the cast may ce, irrespective of whetner suen issuance ec:grs 4
p ter te or after the award of a contract or subcontract (53 Como.
Sen. 401 (1973)).
In the case of a wage determination issue: solely as a result of a finding of substantial variance, such determinatien trail te ef fective as of the cate of the final administrative
- etisi:n.
(g) Notificatien to Empleyess.
The Centractor anc any 5.;::entract0r Uncer this contract shall notify eacn service employee
- sen: ag work en this contract of the minimum monetary wage anc fr* ;e penefits requirec 10 be paid ;ursuant to this contract.
iy The
- snai' rest the wage deter-inatien attacned to this contract.
- ste- :revicec by the Depart ent of Later (publication WH 1313) s ail :e posted in a preminent and accessible place at the wornsite.
a' lure :: :: moly with this requirement is a violation of section Zia)(a) Of the Act anc of this contract.
(n) Safe anc Sanitary Working COnciti:ns.
The Contracter er ss:::nt act:r shall not permit any part of the services called for
- y inis :entract to be performed in buildings or surrouncings or
.orking conoitions previded by or under the control or vn er su:ervision of the Contractor or subcontracter which are unsanitary,
- azarceus, er dangerous te the health er safety of the service e?:loyees, The Contractor or subcontractor shall comply with the safety anc health stancares appliec uncer 29 CFR Part 1925.
(1) :eceres.
(1) The Contracter anc each subcontracter
- erfor-1ng work subject to the Act shall make and maintain for 3 years '-em tne cempletion of the work, and make them available for Ms:ection and transcription by autnori:ed representatives of the Wage an: Hour Division, Empicyment Stancarcs Administration, a re::re :f the following:
(4)
"or each employee suoje:: to the Act -
(A) Name and adcress and social security numeer; (B) Correct work classification or classificatiens, rate 1
i l
l i
~_
- - -..~..-
L wya a RS-ADM-91-127-Sec% ion I or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weetly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(11) For those classes of service employees not included in any wage determination attached to this contract, wage rates or frings benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A caev of the report required by suodivision (c)(2)(ii) of this el u will fulfill this requirement.
(iii) Any list of the ;, messor Contractor's employees which had been furnished to the Luatractor as prescribed by paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized reeresentatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these rec:res for inspection and transcription shall be a violation of the
-egulations and this contract, and in the case of failure to produce these records, the Contracting Of ficer, upon direction of tne Cecartment of Labor and notification to the Contractor, shall take acdon to cause suspension of any further payment or advance of fua.os until the violation ceases.
(4) The Contractor shall permit authorized representatives of the Wage anc Hour Division to conduct interviews with employees at the.orksite during normal working hours.
(j) Pay Periods. The Contractor shall unconditionally pay to eacn employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.
These payments shall be made no later than one pay period following the end.of the regular pay period in which the wages were earned or accrued, A pay period-under this Act may not be of any duration i
longer than semi-monthly.
(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the e
Government Prime Contractor under this or any other Government l
contract with the Prime Contractor such sums a: an appropriate official of the Department of Labor reauests or such sums as the Contracting Officer decides may be necessary to pay underpaid emaioyees employed by the Contractor or subcontractor.
In the event of f ailure te pay any employees subject to the Act all or part of l
the-wages or 'ringe benefits due'under the Act, the Contracting Of ficer may, af ter authorization or by direction of the Department L
l lI
~
.w,
Page 38 RS-ADH-91-127 Sentoa I of Labor and written notification to the Contracter, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work.
In such event, the Government may enter into other contracts or arrangements for comoletion of the work, charging the Contractor in default with any additional cost.
(1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act, l
(m) Collective Bargaining Agreements Applicable to Service Employees.
If wages to be paid or fringe benefits to be furnisheo any service employees employed by the Government Prime Contracter er any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective curing any period in which the contract is being perfernaed, the Government Prime Contractor shall report such fact to the Contracting Officer, t:gether with full information as to the application and accrual ef sucn wages and fringe benefits, including any prospective increases, to service employees engageo in work on the contract, and a c::y of the collective cargaini,ng agreement.
Such report shall be mace v:en commencing performance of the centract, in the case of collective bargaining agreements effective at such time, and in the case of sven agreements or provisions or amendments thereof effective at a later time during the perioc of contract performance such agreements snail be reporteo promptly after negotiation thereof.
(n) Seniority List. Not less than 10 oays prior to completien of any contract being performeo at a Federal facility where service employees may :e retained in the performance of thw succeeding centract and sucject to a wagt determination which contains vacation or other benefit provisions based upon length Of service with a Centractor (preoecessor) or successor (29 CFR 4.173), the incum:ent PaMe Contracter shall furnish the Contracting Officer a certifieo list of the names of all service employees on the Contractor's or succentractor's cayroll during the last month of contract performance.
Such list shall also contain anniversary dates of emoioyment on the contract either with the current or prececessor Centracters of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the c:mmencement of the succeeding contract.
(o) Rulings and Interpretations.
Rulings and interpretatiens of the Act are contained in Regulations, 29 CFR Part 4 (p) Contract:r's Certification.
(1) By entering into this contract, the C:ntractor (ano officials thereof) certifies that neither it (nor he or she) nor any person or firm who nas a suestantial interest in the Contractor's firm is a person or firm ineiigible to Oe awarded Government contracts by virtue of the sanctions imoesed under section 5 of the Act.
(2) No part of this contract shall be subcontracted to any
'I
h<
.e.,
j RS-ADH-91-127 Sectica I L
person or firm ineligible for awarc of a Government contract under 4
l section 5 of the Act.
1 I
(3) The penalty for making f alse statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(q) Variations Tolerances, and Exemptions involving Employment.
Notwithstanding any of the provisions in paragraphs (b) through (o)
~
of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.
(1) Apprentices, student-learners, and workers whose earning l
capacity is impaired by age, physical or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise recuired by section 2(a)(1)-or 2(b)(1) of the Act without ciminishing any fringe benefits or cash payments in lieu thereof recuired under section 2(a)(2) of the Act, in accordance with the i
concittens and rocecures prescribed for the employment of
~
accrentices, stucent-learners, hancicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labc,r Stancards Act of 1938, in the regulations issued by the Acministrator (29.CFR Parts 520, 521, 524, and "25).
(2) The Administrator will issn certificates wicer the Act fer tne employment o' apprentices, stvJent-learners, hancicapeed persens, or nancicapped clients of sheltered workshops not subject to the Fair Labor Standarcs Act of 1938, or subject to cif forent minimum rates of pay under the two acts, authori:ing appropriate rates of minimum wages (but without changing reoutrements concerning fmge benef_its or supplementary cash payments in lieu thereof),
I applying procecures prescribed by the applicable regulations issued unoer the Fair Labor Stancares Act of 1938 (29 CFR Parts 520, 521, 524. and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFA Parts 525 ana 528.-
(r) Apprentices. Apprentices will be permitted to. wort at less than the predetermined rate for the work they perform when they are employed-and individually registered in a bona fide apprenticeship
- program registered with a State Apprenticesnip Agency which is recognized-by the U.S. Department of Labor, or if no-suen recognizec
. agency _ exists _in__a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Trainirg
~
i Acministration, U.S. Department of Labor. Any employee who is not L
registered as an apprentice in an-approved program shall be paid the wage rate and fringe benefits contained in the applicable wage cetermination for the journeyman classification of-work actually performed.- The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the E.2..
t R$-ADH-91-127 SecBienI 9
registered program, expressed as the appropriate percentage of the journeyman's rate containto ir, the applicable wage determination.
The allowable ratio of apprentices to journeymen employed on the contract work in any craf t classification shall not be greater than j
the ratio permitted te the Contractor as to his entire work force under the registered program..
(s) Tips. An employes engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer i
against the minimum wage recuired by section 2(a)(1) or section 2(b)(1) of ~the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January
- 1. 1981. To use this provision -
(1) The employer must inform tipped employees about this tip 4
creoit al.1:owance before the crecit is utilizeo; (2) The employees must be allowed to retain all tips
('ncividually or through a pooling arrangement and regardless of-onether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the e oloyee receives at least the acclicable Service Contract Act
,inimum wage through the comoination of direct wages and tip crecit; ano
-(4) *he use of such tip creoit must have been permitted unoer any preoecessor collective bargaining agreement applicable by virtue
.;f sectien 4(c) of the Act.
(t) Dis:utes Concerning Labor Standards.' The U.S. Department cf
'.a:or has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving oiscutes concerning labor standards requirements.
Suen ciscutes snail be resolved in accordance with those precedures ano net the Discutes clause of this contract.
Disputes within the teaning of tnis clause include disputes between the Contractor (or any of-1ts supcontractors) and the contracting agency, the U.S.
Oscartment of Labor, or the emolcyees or their representatives.
(End of Clause)
I.B STATEMENT OF EQUIVALENT RATES FOR FEDERAL 52.2227 2) (MAY 1989) 4 HIRES (FAR j
in compliance with the Service Contract Act of 1965, as amended, I
ano the regulationrof the Secretary of Labor (29 CFR Part 4), this
-clause identifies the classes of service employees expected to be employeo uncer the contract and states the wages and fringe-benefits-j payable to eacn if they were employed by the contracting. agency b
.suoject to the provisions of 5 U.S.C. 5341 er 5332.
THIS STATEMENT IS FOR INFORMATION ONLY:
IT IS NOT A WAGE DETERMINATION.
l l
~t
,,v
,,,.,-n,
-,.... -.. -. ~. ~ -, -
L.
eage lo RS-ADM-91-127 SecBion I F
Employee Class Monetary Wage-Fringe Benefits Truckdriver
$12.18 Warehouseman
$10.68 Laborer / Helper
$8,58 (EndofClause) 1.9 DRUG-FREE WORXPLACE (FAR 52.223-6)-(JUL 1990)
(a) '
As used in this clause, " Controlled Substances" Definitions.
means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial booy charged with the responsibility to determine-violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute _ involving the manufacture, distribution, dispensing,_
- ossessi.on or use of any controlled substance.
" Drug-free workolace" means the site (s) for the performance of Work done_by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in
. the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
" Employee" means an employee of'a Contractor directly engaged in the performance of. work under a. Government contract, Ofrectly engaged";is defineo to include all direct cost employees and any other Contractor emoloyee who has other than a minimal impact or involvement in contract performance.
" Individual" means an offeror / contractor 1. hat has no more than one employee-including _the offeror / contractor.
(b) The Contractor, if other than an "dividual.-shall--within 30_
- calendar days af ter award'(unless a longer period.ls agreed to in -
writingifer contracts of 30 calendar days or more performance
' duration); or as soon as possible for contracts of less than 30 calendar days performance duration--
(1)- Publish a statement-notifying its employees that.the.
unlawful manufacture," distribution, dispensing, possession, or use
- of a controlled substance is prohibited in the contractor's workolace and'specifying the actions that will be taken against employees for violations of sucn pronibition; (2) Establish an ongoing _ drug-free awareness program to inform n
,gr
,.-r.
,,,v - s e,.s e +s'-. +.M ~,--, nc,- w, w m, n e.
a a
n,
- , :. n h. -,r L
n,-
-.. ~ ~...n-.
., ~
.c
na 39n va 14e secston t such employees about-(i)
The dangers of drug abuse in the workplace; (11) The contractor's policy of maintaining a drug-f ree workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance prograro; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(3) Provide all employees engageo in performante of the contract with a copy of the statemen; reautred by subparagraph (b)(1) of this clause; (4) Notify such employees in writing in the statement reouirea by succaragrapn (b)(1) of this clause, that as a condition of c:ntinvec employment on this centract, the employee will-(i) Abide by the terms of the statement; and (ii)
Notify the empicyer in writing of the employee's
- envicti:n unoer a criminal drug statute for a violation occurring
'n the,,orkolace no later than,5 days af ter such conviction; (5) Notify the Contracting Officer in writing within 10 calencar cays af ter receiving notice uncer subdivision (b)(4)(ii) of this clause. ' rem an employee or otherwise receiving actual notice
- f suen consiction.
The notice shall include the position title of
- ne employee; (6) Within 30 days af ter receiving notice under subcaragraon (b)( A)(xi) of this clause of a conviction, take one of the following acti:ns witn rescect to any employee who is convicted of a drug a:use violation occurring in the workplace:
(i) Taking appropriate personnel action against such empicyee, up to and including termination; or (ii) Require such empicyee to satisfactorily participate in a crug aouse assistance or rehabilitation rogram approved for such pur:cses by a Federal, State, or local health, law enforcement, or
- ther apcropriate agency.
(7) Make a good f aith ef fort to maintain a drug-free workplace througn implementation of subcaragraphs (b)(1) througn (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award Of the c:ntract or acceptance of a purchase orcer, not to engage in the unlawful manuf acture, distribution, discensing, possession, or use of a controlled substance in the performance of this conttact.
~
f
N vage ao
~
RS A0H-91-127 Section !
)
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for def ault, and suspension or debarment.
(End of Clause) 1.10 PROMPT PAYMENT (FAR 52.232-25) (APR 1989)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the ter'ns and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or an electronic fund) transfer is made.
Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified. The term
" foreign vendor" means an incorporated concern not incorporated in the United States, or unincorporated concern having its principal place of business outside the United States.
(a) Invoice Payments.
-(1)_ For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authori:stion for supplies or services accepted by the Government. This includes payments for partial driiveries that have been accepted by the Government.and final cost or fee payments wnere amounts owed have been settled between the Government and the Contractor.
(2)-Except as indicated'in suboaragraoh (a)(3) and paracraon (:)
of this clause, the due date for making invoice payments ey the
- designated payment of fice sna11 be the later of the following two events
(1) The 30th day after the designated billing office nas received a proper invoice-from the Contractor.
(11) The 30th day af ter Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject-to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of-the contract settlement.
However,-if the
' designated billing office fails to annotate the invoice'with the y
actual date of receipt, the invoice payment-due date shall be deemed i
--to be the 30th day af ter the date the Contractor's invoice is dateo, provided a proper invoice is received and there is no disagreement
- over quantity, quality, or Contractor compliance with contract requirements.
(3) The due date on contracts for meat and meat food creducts, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from e<
s n
.. ~ -.,,. -,.,.,,,, _,,
,,,~n,
..r..
.. ~
Section !
RS-ADM-91*127 i
l edible fats or oils, and c:ntracts not requiring submissi:n of an l
invoice snail be as follows:
(1) The duo date for meat and meat food products, as defined in section 2(a)(3) of the Packers anc Stockyard Act of 1921 (7 U.S.C.182(3)) and further defined in Pub. L 98-181 to include any edible fresh or frozen poultry treat, any perishable poultry mest fresh eggs, ano any perishable egg product, will be as fooc preauct, close as possibla to, but not later than, the 7th day after product delivery.
(11) The due date for perishable agricultural comodities, as definec in Section 1(4) of the Perishable Agricultural Commocities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(iii) The due date for dairy precutts, as defined in Section 111,e) of the Dairy Production Stabili:stien Act of 1983 (7 U.S.C 4502fe)), edible fats or oils, will be as close as possible to, but later than, the 10th cay af ter the cate on which a pre:er net trvoice ras been received.
Vest for An invoice is the Contractor's till or written re:
(4) uncer the contract for supplies delivered or services
- ay-ent An invoice shall be preparec and submittec_to the
- e ver-oc.
A c r::e'-
billing office s:ecified in tne contract.
ces' enate:
9 voice must include the items listec in subdivisions (a)(4)(i)
If the invoice coes *0t c*mply t reugn (a)(4)(viii) of the clause.
,, t-ese recuirments, then the centractor will be rotifdec cf t*e within 7 days after *eceipt of the invoice at tne cesigratec
- efe:
of fice (3 days for meat anc meat food products anc 5 days
- . in
<:- :,eh shaele agricultural ::mmocities, edible f ats or oils, anc
'::: :*0cutts preparec from enible f ats or oils). Untimely in the computation of any
- t 'd:ation will be taken into ace:unt
" te est :enalty owed tne Contractor in the manner cescritec in s,.:::aragrapn (a)(6) of this clause, (i) Name and address of the Contractor.
(ii) Invoic' date.
(iii) Contract number or other authorization for sueelies delivered or services performed (including orcer numoer anc contract liae item numcer).
(iv) Cescriptien, quantity, unit of measure, unit : rice, an ettenced price of s Jplies deliverec or services performec.
(v) Shipping anc payment terms (e.g., shipment num:er anc pecmpt ;ayment discount terms),
Bill of lading cate :f shi; ment, useer anc weight of shitment will be shown for shipments en 3:vernment bills of lacing.
(vi) Name and accress of Contractor of ficial to whom payment mi i_
i e m,o RS-ADM-91-127 Section !
J is to be sent (must be the same as that in the contract or in a 4
propernoticeofassignment).
(vii) Name (where oracticable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii)Anyotherinformationordocumentationrequiredby other requirements of the contract (such as evidence of shipment).
(5) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not i
made by the due date and the conditions listed in subdivisions (a)(5)(1) through (a)(5)(111) of this clause are met, if applicable.
An interest penalty shall not be paid on contracts awarded to foreign vendors outside the United States for work performed outside the United States.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over avantity, quality, or contractor compliance with any contract term or conoition.
(fii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract setti n ent actions cetween the Government and the Contractor.
(6) The interest penalty shall be at the rate establisheo by the Secretary of the Treasury under Section-12 of the contract 01sputes
- Act of 1978 (41 U.S.C. 611) that is in effect on the day af ter the due date, except where the interest penalty is prescribed by other governmental authority. This rate is referred to as the
" Renegotiation Board Interest Rate," and it is published in the federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government-and be comoeunded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.
If the designated billing of fice. f ailed to notify the contractor of' a defective invoice within the periods prescribed in subparagraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted-by subtracting the number of days taken beyond the prescribed notification of defects period.
Any interest eenalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors in_ calculating interest penalties, if requested by the Contractor.
(1) For'the sole puroese of computing an interest penalty that might ba due the contractor, Government acceptance shall be 4
m-w-~--<w r
n-
R$-ADM-91-127 S'Ction 1 j
deemed to have occurred construcBively on the 7th day after the contractor delivered the $1pplies or performed the services in l
accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision.
In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilfties.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the contractor of defects in invoices submitted to the Go wrnment, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishable agricultural cen:modities, dairy products, edible fat or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties uncer the clause at E2.233-1, Olsrutes, or for more than 1 year.
Interest penalties of less tnan $1.00 need not be paid.
(iv) Interest penalties are not reouired on payment delays due to disagreement between the Government and Contractor over the cayment amount or other issues involving contract compliance or on amounts temporarily withheld or retaineo in accordance with the terms of the contract. Claims involving disputes, and any interest tnat may be payable, will be resolved in accordance with the clause at $2.233-1, Olsputes.
(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraon (a)(6) of this clause on the amount of discount taken for the period beginning with tne first day af ter the end of the discount period through the
-date wnen the Contractor is' paid.
(8) If this contract was awarded on or af ter October 1,1989, a penalty amount, calculated in accordance with regulations issued by the Office of. Management and Budget, shall be paid in addition to the interest penalty amount if the contractor:
(i) is owed an interest penalty; (ii) Is not paid the interest penalty within 10-days after the date the. invoice amount is paid; ano f.
1 rage se RS-ADM-9 M 27 Section I (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments 'Jnder Fixed-Price Architect-Engineer Contracts, and interim payments on cost type contracts.
(2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the cesignated billing office.
In the event that an audit or other review of a. specific financing reauest is required to ensure comoliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the cue date specified..
l (3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests.
. payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(4) Contract financing payments shall not be assessed an interest penalty for payment delays, i
i (c) If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days af ter the date of receipt of the invoice.
(EndofClause) 1.11 ELECTRONIC FUN 05 TAANSFER PAYMENT METH005 (FAR 52.232-28)
(APR 1989)
Payments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at the opcion of the Government.. Af ter award, but no later than 14
' days before an invoice or contract financing request is suomitteo, the Contractor shall designate a financial institution for receipt of electronic funds transfer payment, and shall submit this designation to the Contracting Officer or other Government Official,
~-,
- ~ _ - -.,. - - -,
,n-.,
,,.-n,n,-.,
,,-,,.,c-r-..
RS-A0M-#'-127 Section I a
as directed.
(c) for payment through FE0LINE, the Contractor shall provide the-followicg information:
(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
(3) Payee's account number at the financial institution where funos are to be transferred.
(4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, ano telegraphic abbreviation of the correspondent financial institution through.which the financial institution receiving payment obtains wire transfer activity.
Provide the telegraphic abbreviation and the American Bankers Association identifying numoer for the correspondent institution.
(b) For payment through ACH, the Contractor shall provide the following information:
(1) Routing transit numoer of the financial institution receiving payment (same as American Bankers Association identifying numoer useo for FEDLINE).
(2) Number of account to which funos are to be deposited.
(3) Type.of depositor account ("C" for checking, "5" for savings).
(4) If the Contractor is a new enrollee to the ACH system, a
" payment Information Form," SF 3881, must be completed before payment can be processed.
(c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for
- 1a receipt of any payment made using electronic funds transfer weedures, notification of such change and the required information cecified above must be received by the appropriate Government l
official 30 days prior to the date such change is to become effective.
(d) The documents furnisning the information required in this l
claud must be dated and contain the signature, title, and telephone numer of the Contractor official authorized to provide it, as well t
as the Contractor's-name and contract number.
(e) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information 1
F
f Page 44 RS-A0M-91-127 Section I may delay paymer, of amounts otherwise properly due.
(End of Clause)
I.12 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon recuast, the Contracting Officer will make their full text available.
(End of Clause)
I.13 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES (FAR52.217-9)(APR19S4)
(a) The Government may extend the tern of this contract by written notice to the Contractor wt thin thL time specified in the Scheoule;
- r vided. that the Government shall give the Contractor 3 preliminary written notice of its intent to extend at least 60 days :efore the c:ntract expires. The preliminary notice does not comm1: the 3:vernment to an extensien.
(b) If the Goscrt.tsnt exercises this cotion, the extenced centract s sil be c:nsidereo to include tnis option provision.
(c) The total duration of this contr3ct, including tne exercise Of any cotions uncer this clause, snall not exceed 3 years.
(Eno of Clause)
RS-ADM-91-127:
Sociion'd PART III - LIST OF DOCUMENTS,' EXHIBITS AN0'OTHER ATTACHMENTS SECTION J'- LIST OF ATTACHMENTS f
J.1-ATTACHMENTS (MAR 1987)
Attachment Number-Title 1
1.
BillingInstrbctions 2
NRC Contractor Organizational. Conflicts of
-Interest (41 CFR Part 20) 3 Standard Form 1411 with Instructions 4-Wage Determination
'5 Sample Job Order Form i
e s
a l~
-i t
I
. -. _ ~ - - - - - - - - - -
~ -,,. c h**puATTACHMENTJ.$3 REVISED 8/89
.3 BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS The contractor shall prepare vouchers or invoices as prescribec General: FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE'WITH THES herein.
INSTRUCTIONS VILL RESULT IN REJECTION OF THE VOUCHER / INVOIC Claims shall be submitted on the payee's letterheaa, Form:
voucher / invoice, or on the Government's Staneard Form 1034, "Public Voucher for Purenases and Services Other than Personal," and.Stancard Form 1035.
"Dublic Voucher for Purchases Other than Personal--Continuation Sheet."
hese forms are available from the U. S. Government Printing Office. 701 Nortn Capitol Street, Washington, D.C.
20801.
An original and three copies shall be suomittee.
'Jumoe r o f Cc a t e s:
~ ilure to submit all the recuirea copies will result in -ejection of the a
<oucner/ invoice as improper.
Tes:gnatea Agency Billing Of fice: Voucners/irvoices shai; be suemittee to ne 'ollowing aodress:
U. 5, Nuclear Regulatory Commission Division of Contracts anc Procerty Management Contract Administration Branen, Mailstoe :-902 Wasnington, D.C.
20555
-AND-0ELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WIL' N However, should you choose to celiver voucners/ invoices DRO ESSING BY NRC.
- y rana, including delivery by any express mail services Or soeciai
- eitvery services which use a courier or other person to ceiiver tne voucner/ invoice in person to the NRC, suen vouchers / invoices must be accressec to the above Designated Agency Billing Office anc will only be acct:tec at the following location:
U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Nati Room Rockville, Maryland 20852 KANO-CARRIED SUBMISSIONS VILL NOT BE ACCEPTED AT OTHER MAN T 100RESS.
' lote that the official receipt date for hand-deliverea voucners/ invoices will be the date it is received by the of ficial agency :illing office in the Olvision of Contracts and Property Management.
Payment will continue to be mace ey the of fice Agency Payment Of fice:desicnated in the contract in Block 13 of SF 26 or Bloc
.nicf.everisapplicable.
l
l.
_.,. y..
g t
s-I 2
REVISED 8/89 Frecuency:
The contractor shall submit an voucher or invoice only af ter NRC's final acceptance of services rencered or procucts deliverec in performance of the' contract unless otherwise specifiea in the contract.
Preparation ano Itemization of the Voucher / Invoice:
The voucner/ invoice shall be prepared in ink or by typewriter (without strikeovers).
Corrections or erasures must be initialed. To be considerec a precer voucner/ invoice, all of the following elements must be inciucec:
1.
Contract numoer 2.
3eouential voucher / invoice numoer.
3.
Date of voucner/ invoice.
4 Orejec: Of ficer's 'eme ano emilstec as designatea in :re contrac:.
L
- tyee's name and aos (Show tne name of the contes:ter anc :s
- rrec: aedress.
In aceition, when an assignment of 'unas nas :een
-ace ey the contractor, Or a different cayee nas caen :esignate,
- cciuce the name and accress of the cayee.) Incica:e r.e name sin
- eieonone numoer of the inoividual resconsicle for answering
- vestions the NRC may have regarcing the voucner/invoi:e.
5.
- escription of articles or services, cuantity, unit :r :e, anc
- ai amou,1t.
.eiont anc :ene of shipment, if sni:cee by carcel ;os-3.
- harges for freight or express shinments.
Attaen cre aid bill
3ni:ceo by freight or excress.
?.
'.nstructions to consignee to notify the Contracting Cf":er of
-eceipt of shiement.
10.
- or Incefinite Delivery :entracts or contracts uncer wnicn crocress
- ayments are authorizea, the final voucher / invoice sna'.i be carrec "c!NAL VOUCHER" or " FINAL INVOICE."
Cur incy:
Billings may be exuressed in tne currency norma', y usea by :ne c:n:ractor in maintaining his accounting recorcs anc aymer:s wili :e mace in ; cat :urrency. However, tne V. S. dollar equivalent for til voucners/ invoices paid under the contract may not exceea ne :ctai U. 5.
- oi'ars authorizea in the contract.
Suce session: These instruc-tens superse e any :revious :iing ins:-u:: tons.
ATTACHMENT 2 PART 20-1 -- GENEFA Subpart 20-1.54--Contractor Organizational Conflicts of Interest
]E Sec.
20 1.5401 Scope and policy.
20-1.5402 De.fini tions.
20 1.5403 Criteria for r4 cognizing contractor crganizational sonflicts of inte. rest.
20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award, 20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy.
(NRC)(a) It.is the policy of the U.S. Nuclear Regulatory Cxni The NRC achieves this objective by requiring all prospective of interest.
contractors to submit information describing relationshios, if any, with organizatiens or persens (including those regulated by NRC) which may give rise to actual or' potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of interest detenninations cannot be made automatically or routinely) the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be'4pplied so as-to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of critaria which would serve to identify and resolve all of the contract.or conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant appitettien of this policy guidance.
The ultimate test is:
Hight the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unf air ccmpetitive advantage?
(c) The conflict of knterest rule sentained in this subpart applies te contractors and offerers only.
Individuals or finhs who have other'-
relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment orocess, NRC
.1.
1
1 7590-01
~
agreements with other government agencies, international organizations, or state, local or foreign governmentsi separate procedures for avoiding conflicts of interest will be employed in such agreements.,as a:propriate.
120-1.5402 Definitions (a)
' Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b)
'Research" means any scientific or technical werk involving theoretical analysis, exploration, or experimentation.
(c) ' Evaluation activities" means any effort involving the appraisal of a technology, process, product, or pelicy.
(d)
' Technical censulting and management support services' means internal assistance to a component of the NRC in the for=ulatien or ac=inist"ation of its programs, projects, or policies which normally require the centracter to be given access to information which has not been made available to the public or proprietary information.
Such servicas typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e)
'Centract' maans any centract, agree:nent, or other arrangement with the NRC except as provided in Section 20-1.5401(c)
(f)
' Contractor" means any pcrson, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the centract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates' means business cencerns which are affiliates of eacn other when ei'.her directly or indirectly one concern or individual centrols or has the power to control another, or when a third party centrols or has the power to control both (41 CFR Il-1.606-1(e)).
(h)
'Subcentractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(1)
"Prospecthe centracter" or " offeror" means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or p. oposal, solicited or. unsolicited, to the NRC to obtain a contract.
.t.
i i
s e
e 75900@i j
(j)
- Petential conflict of interest" means that a f actual situation exists that auggests (indicates) that an actual conflict of interest may The term ' potential c:nflict arise frem awarc of a preposed centract.
of interest
- is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award wu14 give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract perfomance.
I 20-1.5403 Criteria for recognizing centracter organizational conflicts of interest (a)
General.
Two questions will b4 asked in determining whether actual or potential organizational conflicts of interest exist:
(1) Art there cenflicting roles which might, bias a contracter's judgment in relation ta its work for the NRC7 (2) May the centractor be given an unfair competitive advantage based on the perfomance of the contract?
The ultimate determination by HRC as to whether organizational conflicts of interest asist will be made in light of coccon sense and good business judgment based upon the relevant facts disclosed and the w rk to be While it is difficult to identify and to prescribe in advance perfomed.
a specific methed for avoiding all of the various situations or relatienshi wnich might inycive potential organizational conflicts of interest, XRC personnel will pay particular attentien to proposed contractual requirteent which call for the rendering cf advice, consultation or evaluation or similar activities that lay direct grounewers for the activi ties NRC's decisiens en regulatory activities, future procurements, and researca programs.
(b) tituatiens or relatienships which may give rise to organizational (1) The offerer er centrac'cr shall disclose conflicts af interest.
infor.atica c:ncerning relationships which may give rise to organi:ational conflicts cf intartst under the following circuestances:
(i) Where the offerer or centracter provides advice and raccra.endatic to the NRC in a technical area in which it is also providing censulting assistance in the same arec.to any organization regulated by the NRC.
(ii) Whers the efferer or centractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organi:ation. regulated by the,NRC.
(iii) Where the offerer or centractor evaluates its CW pr0 ducts or services, or the products or services of another entity where the offerer or centracter has been substantially involved in their deve1coment er marketing.
(iv) Where the award of a. centract would otherwise result in placing the offerer or centracter in a conflicting role in which its judgment may be biased in relation to its work for the NRC or ray otherwise result in ar. unf air ccepetitive advantage for the offerer er centracter.
\\
.b i
i
e 7590 01 (2) The contracting officer may request specific infor?.ation from an offerer or contractor or esay require special centract provisions such as provided in 120-1.5405-2 in the following circumstances:
(1) Where the offerer or contractor prepares specifications which are to be used in competitive procurecents of products or services covered by such specifications.
(ii) Where the offeror or contractor prep. arts plans for specific approaches or methodologies that are to be incorporated into ec=petitive procurements using such approaches or methodologies.
not available to the public concerning NRC' pl' granted access to infomation (iii) Where the offerer or centractor is ans, policies, or programs
. which could fem the basis for a later procurement action.
(iv) Where the offerer or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in plackng the offerer or contractor in a conflicting role in which its judgment-ney be biased in relation to its work for the MAC or may otherwise result in an unfair competitive advantage for the offerer or contracter.
(c) Policy application guidance.
The following e.xamples are illustrative only and are not intended to identify and resolve all contractor organisational conflict of interest situations.
(1) bampl e.,
The XYZ Corp., in response to a request for preposa' (RFP). proposes to undertake certain analyses of a reactor ccmponent as called for in the RFP. The XYZ Corp. is one of several ccmoar.lsi considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar ar,a*yses for the reacter manufacturer.
Guidance. Aa NRC contract for that particular work norinally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in'relationsMp to its work for NRC. Stoce there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Dample.
The A8C Corp., in response to a RFP, proceses to perf.om certain analyses of a reactor component which are unique to one type of advanced reactor.
As is the cash with other technically qualified companies responding to the RTP, the ABC Corp. is performing various projects for several different utility clierits. Honc 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 qualif ted company to perfom the work outlined in the RFP.
- 4. '
m--m
7590 01 Guidance.
An NRC centract normally could be awarded to the ABC Corp, because no conflict of interest exists which would retivate bias with respect to the work.
An 40 repriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the perfemance of the NRC contract with the private sector which ceuld create a conflict.
For example, ABC Corp. would be precluded fece the perfor nance of similar work for the' company developing the advanced reactor mentioned in the example.
(3)
Exampl e.
As a result of operating problems in a certain type of comercial nuclear facility, it is imperative that NRC secure specific data on varicus. operational aspects of that type, of plant'so as to assure adequate safety pritection of the public.
Only one renufacturer has extensive experience with that type c'f plant.
Consequently, that ecmpany is the only one with whcc 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 frem the data produced because those decnions affect the reacter's design and thus the cm.pany's costs. '
Guidance'. This situation would place the manufacturer in a role in which its judgment could be biasec in relationship to its werk for MRC.
Since the nature of tne werk required is vitally important in terms of MRC'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 ace reance with the waiver provision.s of this policy with particular attentien to the establishment of protective rechanisms to guard against bias.
(4)
Example.' The AM Co. sutaits a proposa'l for a ntw system for evaluating a scecific reactor com;enent's performance for the pursese of develeping standards that are incertant to the NRC program. The ABC.Cc.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companics in this business are using older systems for evaluation of the specific reacter component.
Guidance. A cerrtract could be awarded to the ABC Co. provided that the centract stipulates tnat no information produced under the centract l
will be used in the contractor's private activities unless such information has been reported to NRC. Infomation which is reported to MRC by centracto:
will normally be disseminated by NRC to others so as to preclude an unfair c mpetitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the perfor. nance of contract work, it shall not be used in the centracter's private activities unless' such informatien is generally available to others.
Further the centract will stipulate that the centrac+cr will inform the NRC centracting officer of all-situations in which the information developed under the l
c:ntract is proposed to be used.
t.
f
b
\\
I
~
75904 (5)
Example.
The ABC C4rp., in response to a RFP proposes to assemble a map showing cartain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and doing satsmolog.1)(1), AAC Corp. informs the NRC that it is presentlysto-1.5403
-States but none of the sitas are within the geographic area contamplated by the NAC study.
Guidance. The contracting officar we'uld nomally conc 19de that award of a contract would not place ABC Cory. in a conflicting role where its judgrant might be biased.
The work for others clause of 120-1.5405-1(c) wocid preclude ABC Corp. from accepting work during the tam of the NRC contract which could creata a condict of interest.
(d)
Oth'er considerations.
(1) The fact that the MRC can identify and latar avoid, eliminate, or neutralize any potantial organi:ational conflicts arising frem the performance of a contract is not relevant to a datamination of the existance of such condicts prior to the award of a contract.
(2)
It la not relevant that the contric. tor has the mfassional reputation of being able to resist taptations which arisa.from or-condicts of inttrest, or that a follow-on procurarent is not invo$anizatic
- ved, or that a cont:'act is awarded on a compet'itive or a sole sourca basis.
120-1.5404 Represantatien (a) The following procedures are designed to assist' the hAC ::ntractin officer in determining whether situations or relationships exist -hich may constitute organizational confilets of intartst with respect o a particular offerer or contractor.
(b)
Representation procedure.
The fo11 ewing organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proportis for:
(1) Evaluation services or activities; (2) technical consulting and management support servica*;
-(3) research; and (4) other contractual situations where special orgnitatti condicts of intartst provision; are noted in the solicitatice and would be included in too resulting contract.
This mrtsantation recuirement shall also apply to all modifications for additional effort under the contract except those issued under ths " changes" clause.
Where, i.cwever.
a statament of the type required by the organizational conflicts of interest representation.prevision has previously been submittad wita rtgard to the contract being endified, only an updating of such statement shall be required.
6
- - - - - - - - - - - - ~ ^ ' - - - - - - - - - ' ' ^ ^ ^ ' - - ^ ^ ~ - ^ ^ ' " ^
-. _ ~
7590 01 4
ORGAN 12ATIOKAL CONFLICTS OF INTEREST REPRELIATION
! represent to the best of my knowledge and belief that:
of a contract er the modification of an The award to existing contract coes (-) or coes not ( ) involve 5ituations or relationship of the type set forth in 41 CFR'l20-1.5403(b)(1). \\
The following shall be included in (c).Instructionstoofferers.(1) If the representatien as completed indicate all NRC solicitations:
that situations or relationships of the type set forth in 41 CTR i201.5403(b)(1), are involved, or the contracting officer otherwise detennines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all. relevant facts bearing on his representation to the contracting If the contracting officer datemines that organintional (1) Impose appropriate officer.
conflicts exist, the following actions may)be taken: disqualify the offeror, o conditions which avoid such conflicts, (ii (iii) determine that it is otherwise in the best interest of the Un States to seek award of the contract under the waiver provisions of 1, 20-1.5411.
(2) The refusal to provide the representation required by 120-1.5404(b) or upon request c' the contracting officer the facts required by '120-1.5404(c), shall' result in disqualification of the offerer for The nondisclosure or misrepresent > tion of any relevant interest may al'so resu1*t in the disqualification of the offeror for award; or if award.
l such nondisclosure or misrepresentation is discovered af ter award resulting contract may be terminated.
from subsequent related NRC contracts and be subject to such other remecial actions provided by law or the resulting contract.
The offerer may, because of actual or potential organi:ational-(d) conflicts of interest, propose-to exclude specific kinds of work from l
the statements of work contained in a RFP unless the RTP specifically L
prohibits such exclusion. Any such proposed exclusion by an offerer If the will be considered by, the NRC in the evaluation of proposals.
l NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the-detriment l
of the competitive posture of the other offerers, the proposal must be I
rejected as unacceptable.
The offeror's failure to execute the representation required (e) by subsection (b) above with respect to invitation for to correct the omission.
e I20-1.5405 Contract clauses 20-1.5405-1 General contract clause 7
1
1 i
7590-01 All contracts of the types set forth in i 2021.5404(b) shall include the following clauses:
The primary (pur;ose of this clause is to aid in1) !s not pl (a)
Purpose.
ensuring that the contractor:
because of current or planned interest (financial, contractual, organi:stic or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance, of this contract. -
t L
(N scope.
The restrictions described.herein shall apply to L
-performance or part c pat on by the contractor as defined in 41 CM i i i
I 201.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the-ters of. this contract, the contractor agrees to I
forego entering into-consulting or other contractual arrangements with any fim or organization, the result of which may give rise to a confitet of interest with respect to the work being perfomed under this contract.
The contractor shall-ensure that all. employees who are employed full time under this contract and employees designated as key-personnel, if any, under this contrac'. abide by the provision of this clause.
If the contractor believes with respect to itself or any such empicyee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the writte, approval of the contracting officer prior to execution of such contractual arrangement.
(d)- Disclosure after award.
(1) The contractor warrants-that to L
the best of its knowledge and belief and except as otherwise set forth in this contraw., it does not have any organizational confitets of interest, as defined in 41 CFR 820-1.5402(a).
l (2) The contractor agrees that it after award it discovers organizat l
. conflicts of interest '..-ith respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statament shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat,e such conflicts. The NRC thay, however, terminate the contract for convenience if it deems such temi. nation to be in the best interests of the government.
(a) Access to and use of information.
(1)Ifthecontractorin the perfonnance of this. contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data
- protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the oublic, the coh" actor agrees not to: (i) Use such information for any(private purpose until the information has been released to the public, i i ) compete for work for the Comission based f%
e
..,...,m._..._,m..
.-- w.m
.,m,,m m.,,_,
_.m,.
7590 01 en such infomation for a~ period of six (6) months after C ther the comoletion of this contract or the release of suen infor:nati.cn te the public, whichever is first. (iii) submit an unsolicited preposal to the.
government based on such infomation until one year after the release of such infomation to the public, or (iv) release the infomation without prior written approval by the contracting officer unless such infermatien has previously been released to the public by the NRC.*
(2)
In addition, the contracter 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 c:nfidential or privileged technical, business, or financial infer:natien under' this contract, the centracter shall treat such infomatien in accordance with restrictions placed en use el the information.
(3)
The centracter shall have,.sWect to patent and security provisiens of this centract, the right to use technical data it produces under this c:ntract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 120-1.5402(h), the centract:r shall include this clause, including this paragraph, in subcentracts cf any tier.
The terms "centract," 'c:ntracter," and "c:ntracting efficer,"*shall be appr:priately c:cdified to presene the government's rights.'
(g)
Remedies.
For breach of any of the abeve prescriptiens er for intentienal nendisclosure or misre;resentation of any relevant interest require to be discicsed c ncerning this. contract er for auch ert:necus representations as necessarily icely bad faith, the government may terminate the centract for default, discualify the centracter frem subsecuent centractual efforts, and pursue other remedies as may be permitted bylaw or this contract.
(h)
Waiver. A requ'est for waiver under this clause shall be directed in writing through the centract.ing officer to the Executive Director for Operations (EDO) in accordance with the precedures outlined in120-1.5411.
I20-1.5405-2 Special centract provisions.
(a)
If it,is determined from the nature of the preposed contract that organizatiena1 conflicts of interest exist, the centracting officer eay determine that such conflict can be avoided er after obtaining a.
waiver in accordance with $20-1.5411 neutralized through th.e use of an appr:priate special contract previsien.
If appr:priate, the offerce may' i
negotiate the terr.s and conditions of these clauses, including the i
extent and time period of any such restriction. These provisions include but 4re not limited to:
a I
l
$w 7590 01 (1)
HarJware exclusion clauses which prohibit the acceptance of procuction contra:ts following a related nonproduction contract previously performed by the contractor; -
(2)
Software exclusion clauses; (3)
Clauses which require the contractor (and certain of his key \\
personnel) to. avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and gu,ard against its unauthorized use.
(b)
The following additional contract' clause may be included as
.section (i) in the clause' set forth ini 10-1.5405 1 when it is determineo that award of a follow-on. contract would constitute an organizational conflic,t of ~ interest.
(1)
Follow-bn effort.
(1) ine contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthermore, unitss so directed in writing by the contracting officer, the contractor shall not perfom any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or servica. of another firm if' the contractor has been substantially involved in the development or marketing of su'ch products or services.
(2) 'If the contractor under this contract prepares a comolete or essentia11/ coelete, statement of work, er specifications, the contf actor shall be ineligible to perfom or participate in the initial contractual effort which is based on such stat 3 ment of work or specifications.
The contractor shall not incorocrate its products or services in such statement of work wr'spadfications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not
- 4pply.
_(3)
Nothing in this caragraph shall. preclude the contractor frem l
offaring ar selling its standard comercial.1tems.to the government.
1 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted, by an offeror pursuant to the representation requirements of 120-1.5404(b) l and other relevant information.. After evaluating this information agains't the criteria of 320-1.5403 a finding will be made by the contractinc officer whether organizational conflicts of interest exist with respect
-to a particular offeror.
If it has 'ceen determined that conflicts of
~
interest exist, then tne contracting of ficar shall eitner:
(a) 01squalify. tne offeror from award.
[
-10 L
,=
7590 01 (b)
Avoid or eliminate such conflicts by appropriate measures; er (c)
Award the centract uncer t'he waiver prevision cf I20-1.5411.
ID,61,t407 Conflicts identified af ter award.
If potential organizational conflicts of interest are identified after award with respect to a particular contracter, the centracting officer determines that such conflicts do, in f4ct, exist and that it webld not bo in the.best interests of the government to terminate the con, tract as previced in the clause's required by 120-1.5405, the contracting officer will take every reasonable action, to avoid, eliminate, or, af ter obtaining a waiver in accordance with 120-1.5411, neutrali:e the effects of the icentified conflict, 120-1.5408 (Reserved) 520 1,5409 (Reserved) 120-1.5410 Subcentracts The centracting officer shall recuire offerers and c:ntracters to iubmit'a representation statement in accorcance with i20-1.5404(b) from subc:ntract:r: and c:nsultants.
The centracting officer shall require
'the centracter to incluce centract clauses in' acccedance with 120-1.5405 in c:nsultant agreements er subc:ntracts, involving perfemance of werk under a prime centract covered by this subsection.
i20-1,5411 Vaiver in the first instance, detemination with respect to the need to seek a waiver for specific contract awares shall be made by the contraa. ting officer witn the advice and concurrence of the program office director anc the Office of E2ecutive t.egal Director.
Upon the recemendation of the contracting officer, and after censultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he
-detemines that it is in the best interest of the United States to de so.
Such action shall be strictly limited to these situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a questien of conflict of interest; and (3) contractual and/or technical' review.and supervision methods can be employed by HRC tn neutralize the conflict.
For any such waivers, the justificatien anc approval cocuments shall be placed in the Public Document Room.
11-
7590 01 l
120 1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar the contractor frcm subsequent NRC contracts.
Dated at Washineten. 0.q this 27th day of Ma 'ec h 1979.
FortheNuclearRegulatoryCobission D.
C 2 _u.u b O ' &.
Samuel V. Ch11a Secretary ofi he Comission t
i G
4.
O e
s l
c--
l j
,.I.
ATTACHMENT 3 STANDARD FORM 1411 WITH INSTRUCTIONS 1.
SF 1411 provides a vehicle for the offeror to submit to the Government a pricing proposal of estimated and/or incurrea costs by contract line ' item with supporting informa tion, adequately cross-referenced, suitable for detaileo analysis.
A cost-element breakdown, using the applicable fomat prescribec in 7A, B, or C below, shall be attached for each proposed line item ana must reflect any specific requirements established by the Contracting Officer. Supporting breakdowns must be furnished for each cost element, consistent with offeror's cost accounting system.
When more than one contract line item is proposed, sumary total amounts covering all line items must be furnished for each cost element.
If agreement has been reacned with Government representatives on use of forward pricing rates / factors, identify the agreement, include a copy, and describe its nature. Depending on offeror's ' system, breakdowns shall be proviaed for the following basic elements of cost, as applicable:
Materials - Provide a consolidated priced. sumary of individual material quantities included in the various tasks, orcers, or contract line items being proposea and the basi,s for pricing (vencor quotes, invoice prices, etc.).
Subcontracted !tems - Include parts, components, assemolies, and services that are to be producec or performed by others in accordance with offeror's cesign, specifications, or direction and that are applicable only to the prime contract.
For eacn subcontract over $500,000, tne support should provide a listing by source, item quantity, price, type of suocontract, cegree of competition, anc basis for establishing source and reasonableness of price, as well as the results of review and evaluation of subcontract proposals when required by FAR 15.806.
Consists of items that offeror normally Standard Comercial items fabricates, in whole er in part, and _that are generally stocked in inventory. Previde an appropriate explanation of1the basis for pricing.
If price is basec en cost, provloe a cost breakcown; if priced at other than cost, provide usttfication for exemption from submission of cost w pricing data, as requirea by FAR 15.804-3(e).
Interorganizational Transfer (at other than cost) - Explain pricing metnoo-used.
(See FAR 31.205-26).
Raw Material - Consists of material in a form or state that requires further processing. Provide priced quantities of items requirea for the proposal.
Purchased Parts - Includes material items not covered above. Provide priced quantities of items required for the proposal.
Interorganizat:cnal Transfer (at cost) - Include separate breakdown of cost by element.
L
,l 1
o
b Direct t. abor - Provide a time-pha sed (e.g., monthly, qmrterly, etc.)
breakdown of labor hours, rates, and cost by appropriate category, and furnish bases for estimates.
Indirect Costs - Indicate how offeror has computed ano applied offeror's indirect costs, including cost breakdowns, and showing trends and budgetary data. to provide a basis for evaluating the reasonaoleness of proposed rates.
Indicate the rates used and provide an appropriate explanation.
-Other Costs - List all other costs not otherwise included in the categories described above (e.g., special tooling, travel, computer and consultant Federal excise tax on finished articles) packing, spoilage and rework, and services, preservation, packaging and and provide bases for pricing.
Royalties - If more than $250, provide the following infomation on separate page for each separate royal ty or license fee:
name and address of licensor; date of license agreement; patent numbers, patent application serial numoers, or other basis on which the royalty is payable; brief description (including any part or model numDers of each con tract item or component on which the royalty is payable); percentage or dollar rate of royalty per unit; unit price of contract item; number of units; and total dollar amount of royalties.
In addition, if specifically requested by the Contracting Officer, provide a copy of the current license agreement and identification.of applicable claims of specific patents.
(See FAR 27.204 and 31.205-37).
When the offerer elects to claim Facilities Caoital Cost of Money s-facilities capital cost of money as an allowable cost, the offerer must submic Form CASB-CMF and show the calculathn of the proposed amount (see FAR 31.205-10'.
2.
As part of tne specific infomation requireo, the offerer trust submit with offeror's precosal, and clearly identify as such cost or pricing data (that is, data that are verifiable and factual and otherwise as defir,ed at FAR 15.801).
In addition, submit with o f feror's proposal ~ any informa tion reasonably required to explain of feror.'s estimating process, including; a.
The judgmental factors applied and the mathematical or other ritnods useo in the estimate, including those used. in, projecting from known cata; and' b.
The nature and amount of any contingencies included in the proposed price.
3.
There is a clear distinction between submitting cost or pricing data and merely making 1 available books, records, and other documents without l
identificatien.
The requirement for submission of cost or pricing data is met when al; accurate cost or pricing data reasonably available to the offeror have oeen submitted, either actually or by specific identification, to the Contracting Officer or an ' authorized representative.
As later information ccmes into-the of feror's possession, it should be promptly submitted to :he Contracting Officer.
The requirement for submission of cost or pricing data continues to the time of final agreement on price.
n.
a 4
In submitting offeror's proposal,-
offerer must include an. incex.
-appropriately referenced, of all the cost or pricing cata and information accompanying or identified in the proposal.
In addition, any future aaditions and/or revisions, up to the date of agreement on price, must be annotated on a supplemental inoex.
5.
By submitting offeror's proposal, the offerer, if selected for negotiation, grants, the contracting Officer or an authorizec representative the right to examine those books, records, documents, anc other supporting data that will permit adeouate evaluation of the propesec price.
This right 'may be exercised at any time before award.
6.
As soon as practicable after final agreement on price, but before the award resulting from the proposal, the offeror shall, under the conditions statec in FAR 15.804-4, submit a Certificate of Current Cost or Pricing Data.
7.
Hencings for Submission of Line-Item Surmaries:
A.
New Contracts (including Letter contracts).
Proposea Contract Proposed' Contract Cost Elements Estimate-Total Cost Estimate-Unit Cost Reference (1)
(2)
(3)
(4)
Under C:iumn (1) - Enter appropriate cost elements.
Under Column (2) - Enter those necessary and reasonable costs that in o f f e ror 's Juegment will properly be incurred in efficient contract performance.
When any of the costs in this ccTumn have already been incurrec (e.g., uncer a letter contract or unpricec order), describe them on an attachEc supporting schedule. When preproauction or startup costs are significant, or when specifically requested to do so by the Contrac:ing Officer, provice a full identification and explanation of nem.-
Under Column (3) - Optional, unless requireo by the Contracting Officer.
Uncer Column (4) - Identify-the attachment in which the information supporting the-specific ' cost element may be founc.
Attach separate pages as necessary.-
p i
l' f
T
=, -
B, ChangeOrders(modifications),
Cost Of Estimated Deleted
_ ork Cost of All W
Cost Work Already Net Cost To Cost Of Net Cost Of Elements
-Deleteo Performec Be Deleted Work Addeo Change Reference (1)
(2)
(3)
(4)
(5)
(6)
(7) de Under Column (1) - Enter appropriate cost elements.
Under Column (2)
_ include (i) Current estimates of what the cost would have been to complete deleted work not yet performed, and (ii) the cost-of deleted work alrency performed.
Under Column (3) - Include the incurred cost of deleted work already performec, actually computed if possible, or. estimated in the Contractor's accounting records, Attach a-detailed invent'.,ry of work,
, materials,
- parts, components,- 'and hardware already-purchased, manuf actured, or - performed ano-Meleted by - the change, indicating the cost and proposeo disposition t each line item.
Also, if offeror-desires to -retain these items or any. portion of them, indicate the amount offered for them.
Enter the net cost to be deleted which is the Under Column (4) estimated cost of all deleted work less the cost of deleted work already performed. Column (2)lessColumn(3)= Column (4),
under Column (5) - Enter the offeror's estimate for cost of work addea by the change, When nonrecurring costs are significant, or when specifically. requested-to do so by the Contracting Officer, provide full identification and explanation of them.
?)nder Column (6) - Enter the-net cost of change which is the cost of-
-work addca, less the net cost to _be. deleted.
When this result t is negative place the amount -in parentheses. Column (4) less Column (5) = -
Column (6).-
Under Column '(7) - Identify the attachment in which the information supporting-thej specific cost element may be found.
Attach sepa rate pages as necessary, i
YL C.
Price Revision / Redetermination Numoer of Numoer of Redetermina.
Units Units To Be Contract tion Proposal Cutoff Date Completed Completed Amount Amount Difference (1)
(2)
(3)
(4)
(5)
(6)
Incurreo Incurreo Incurreo Cost-Cost-Cost-Total Estimated Cost
. Prep roduc.
Completed Work In Incurred Cost To Estimated Elements tion Units Process Cost Complete Total Cost Reference (7)
(8)-
(9)
(10)
(11)
(12)
(13)
(14)
Under Column (1) - Enter the cutoff date requi red by the contract, if applicable.
Unoer Column (2) - Enter the number of units completed during the period for which experienced costs of production are being submitted.
Under' Column (3) - Enter the numoer of units remaining to be completed under the contract.
Unoer Column (4) - Enter the cumulative contract amcunt.
Under Column.(5) - Enter the offeror's redetermination proposal amount.
Under Column (6) - Enter the oifference between the contract amount and the recetermination proposal amount.
When this result is negative, place the amount in' parenthesis. Column (4) less Column (5) = Column (6).
Under Column (7) - Enter appropriate cost elements. When residual inventory exists,- the' final costs - established under fixed-price-incantive and fixec-price-redeterminable arrangements shoulo be net of the fair market value of -such inventory.- In support of subcontract costs, submit a listing of L all subcontracts subject to repricing action', annotated as to their status.
Under Column (8) ' - Enter all costs incurred under the contract-before starting production and other nonrecurring costs (usually referred to as startup costs) from offferor's books and records as of the cutoff date.
These include such costs as preproduction engineering, special plant rearrangement, training program, and any ' identifiable nonrecurring costs-such as initial rework, spoilage, pilot runs, etc.
In the event the amounts are not segregated in or otherwise available from offeror's records, enter in Ethis-column offeror's best estimates.
Explain the basis for each estimate ano how the costs are charged on of feror's accounting records 1
~
}
(e.g., included in production costs as direct engineering labor, charged to manufacturing overhead, etc.). Also how the costs would be allocated to the units at their various states of contract completion.
Under Columns (9) and (10) - Enter in Column (9) the production cats from offeror's books and records (exclusive of preproduction costs reported in Column (8) of the units completed as of the cutoff date.
Enter in Column (10) the costs of work in process as determined from offeror's records or inventories at the cutoff date.
When the amounts for work in process are not available in Contractor's records but reliable estimates for them can be made, enter the estimated amounts in Column (10) and enter in Column (9) the differences between the total incurred ccsts (exclusive of preprocuction costs) as of the cutoff date and these estimates.
Explain the basis for the estimates, including identification of any provision for experienced or anticipated allowances, such as shrinkage, rework, design changes, etc.
Furnsih experienced unit or lot costs (or labor hours) f rom inception of contract to the cutof f cate, improvement curves, and any other available production cost history pertaining to the item (s) to which offeror's proposal relates.
Under Column (11) - Enter total incurred costs (Total of Columns (8), (9),
and (10)).
Under Column (12)
Enter those necessary and reasonable costs that in Contractor's juagment will properly be incurred in comoleting the remaining work to oe performed under the contract with respect to the item (s) to which Contractor's proposal relates.
Under Column (13) - Enter total estimated cost (Total of Columns (11) and (12)).
Uncer Column (14)
Identify the attachment in wnich the information supporting the specific cost element may be found. Attach separate pages as necessary.
1 U.S.
DEPARTMENT OFiLABORu Page 1:ofn4:
EMPLOYMENT:STANDARDSDADMINISTRATION-WAGE AND HOUR' DIVISION
. State: Dist. of Col., Maryland, Virginia WASHINGTON, D.C.
20210
' Area:'Dist..of; Col., MD COUNTIES: CALVERT.
REGISTER OF WAGE DETERMINATIONS UNDER-LOCALITY
' CIIARLES, : FREDERICK, MONTGOMERY PRINCE GEORGE'S, ST MARY'S TIIE SERVICE CONTRACT ACT VA COUNTIES: ALEXANDRIA, ARLINGTON, FAIRFAX.
By direction of thg Secretary..of Labor-FALLS CHURCH, FAUQUIER, KING GEORGE, LOUDOUN PRINCE WILLIAM, STAFFORD Alan L. Moss Divislon of Director.
Hage Determinations Wage Determination No.: 78-1202 (Rev. 13) Date: 07/30/1990-Minimum Fringe Benefit Payments
' class of' Service Employees
' Hourly Wage.
Health &
Vacation Holiday
.Other Welfare l
l aployed on contracts for moving and. storage services l
1 the above' locality:-
- 1. Warehouseman 7.11 2.
Laborer S
6.12 3.
Shipping Packer
-1.20
' 6
- 4. Truckdriver
$' 7.85
'ringe benefits applicable to.all classes of service employees-engaged in contract performance:
1/
2/
3/
t/ HEALTil & WELFARE:
$.59 an hour or $23.60 a week or $102.26 a month.
d N
- / VACATION:
1 week paid vacation after 1 year of service with contractor or successor; 2 weeks
'ter 3 years.
Length of service' includes'the whole span of continuous service with the present k
successor) contractor, wherever employed,.and with predecessor contractors in the performance of 5
tmilar work at the same Federal facility. (Reg. 4.173)
./ HOLIDAYS:
9 paid. holidays per year:
New Year's Day, Washington's Birthday,: Memorial Day, idependence Day, Labor Day, Columbus Day, Veterans' Day,' Thanksgiving' Day, and Christmas Day.
(A
.ntractor may. substitute for any of the named holidays another day off with pay in accordance with 1
plan. communicated to the employees. involved.)
4 m
i WAGE DETERMINATION 78-1202 (Rev. 13)
DATE 07/30/1990 Page 3 of 4
~
i l
NOTE: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e.,
appropriate level of skill comparision) between 1
such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits
)
as are determined. Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class (es) of employees. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class (es) of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agencys' recommendation and all pertinent information including the positi.on of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S.
Department of labor, for review.
(See'section 4.6 (b) (2) of Regulations 29 CFR 4)
UNIFORM ALLOWANCE: If employees are required to wear uniforms in the performance of this contract (either by the terms of the Goverment contract, by the employer, by the state or local law, etc.),
the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms l
is an expense that may not be borne by an employee where such cost reduces the hourly rate belor that required by the wage deternination. The Department of babor will accept payment in accordance with the following standards as compliance:
The contractor or subcontactor is required to furnish al-employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a differe-t amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all amployees for such cleaning and maintenance at a rate of $3.35 a week (or 67 cents a day). However, in those instances where the uniforms furnished are made of " wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commezclal laundering in order to meet the cleanliness or appearance standards set by the terms of the Goverment contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
m
ATTACHMENT 00. FivE Date of Job Order TO:
Panamovers Transfer & Storage, Inc.
Attn: Mr. Cesar Picco 110 Terminal Drive Sterlinn, VA 22170 FROM:
SUBJECT:
JOB ORDER NUMBER FOR OFFICE "0VING AND WAREHOUSE
. SUPPORT SERVICES UNDER CONTRACT NO.
SERVICE REQUIREMENT:
SEE ATTACHED PAGE WORK SHALL BEGIN AT ON AND SHALL BE CCMPLETED NO LATER THAN ON HOURS:
UNIT:
AMOUNT:
CATEGORY A:
Truck and Driver (18 f t) 5
/hr 5
Truck and Driver (tractor) s
/hr 5
Warenouseman S
/hr 5
Feleer, General Mover 5
/hr Suoervisor S
/hr 5
CATEGORY B:
Truct and Driver (18 f t)
S
/hr 5
and Driver (tractor)
/hr 5
Tru:K Warenouseman 5
/hr Heicer, General Mover 5
/hr 5
Suoervi sor 5
/hr CATEGORY C:
TrutK ana Driver (18 f t)
S
/hr h
'Truct and Oriver (tractor 5
/hr s_
Warenouseman 5
/hr 5
Helper, General Mover S-
/hr 5
Suoervisor 5
/hr 5
Disposal of Refuse TOTAL ESTINATED AMOUNT: 5 CURRENT CONTRACT OBLIGATION: $
AMOUNT OF THIS JOB ORDER CONTRACT OBLIGATION BALANCE: $
DISTRIBUTION OF JOB ORDER TO: Contract Administrator Project Officer
/
I!
52.0,*9 -12. SPECI.AL 8 (a) SUECCNTRACT CONDIT!CNS.
l (TIB 1.990)
(a)
The Saall Business Administration (SBA) has antarad_
[
Lato contract No NPA-iD 4//- tw vich una A/Q(',
go furnish the supplies,or-seen.cas as describan taarain.
A.;
copy of. the contract is attached harato and e.ada a part-Tha,14%fl/WW1.t> J%'!4fe,f g4 harsot. ()
s
.hkraaf ter retarracLte (b) as the subcontractor,: agrass and. acknowledges as follower-(1)
That it will, for and.on b=h=17 of the SBA, N#d-- &V/parf orm all.cf the requirements of. Contract:.No~
fulff11 and
/V/
for the consideration statack.
therman and that it has read. and. is f==4 ' 4 =" with eacA ancL avary part of the contract, (2)
That the SBA has delegated responsibility, except for the for novation agramments and advance paysantz, A' A.
ad=4n4 mtration of this subcontract to the N
With completa authority to take any act:.on on behalf, of the,Governmant under the taras and conditions of.
this subcontract.
(3)
That-it will.not subcontract the partoraance of; any of the requirements of this subcontract to any lovar-l
)
tier subcontract without the prior written approval of.tha SPA and the designated Contracting officar of the
--.=.__. $#/_That it..x u;s u,7 g r gtna s.ss. h :
~.e contracting agency) Contracting officar in writing immediately upon antaring an agranaant (althar oral or:
writtan) to transf ar all or part of. its stock or othar-ownership intarast to any other party.
including any progress payments under this (c)
- Paysants, will bga,da direct?y to the subcontractor by
- contract, (End of clausa) 6
.c s
s 1
+9 FAR 52.252-2 CLAUSE INCORPORATED BY. REFERENCE (JUNE 1988) 7
'FAR REF CLAUSE-TITLE 52.203-12 Limitation on Payments to Influence Certain Federal Transactions-(Jan-1990)
l 52.203-s Requirement for certificate of Procurement i
Integrity.
As prescribed in 3.104-10(a),. insert the following provi-sion REQUIREKrh"r FOR CERTIFICATE OF PROCUREMENT INTEGRITY (NOV 1990)
(a) Definitions. The definitions at FJM s.104-4 are hereby incorporated in this provision.
(b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification:
CERTIFICA320FPROCSMKENTINTEGRITY (1) I,_L e M n 4. r / < e >
., ar. the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of m/ knowledge and belief, with the exception of any informatier described in this certifi-cate, I have no information concoening a violation or possible violation of subsection 2)(a), (b), (d), or (f) of the office of Federal Procurement Policy Act, as amended * (41 U.S.C. 423), (hereinafter referred to ce "the Act"), as implemented in the FAR, occurring during the conduct of tJ11s procurement (solicitation number).
(2) As required by subsection 27(e) (1) (B) of the Act, 2 further certify that, to' the be'st of my knowledge and representative, and belief, each officer, dem loyee, agent,"in 'd% N who has participated consultant of Pmm personally cnd substantially ih the preparation or sub-mission of this of fer has certified that he or she is famil-iar with, and will comply with, the requirements of sub-section 27(a) of the Act, as implomanted in the FAR, and will report immediately to me any information con-carning a violation or possible violation of subsections 27 (a),
(b), (d), or (f), of the Act, as implemented in the FAR, pertaining to this procurement.
(3) violations or possible violations: (Continue on plain bond paper if necessary and label Certificata of Procurament Integrity (Continuation Sheet), ENTER HONE IT HONE EXIST)
WDNL
~
(4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27 (G) (1) (B) of the et shall be maintained in accordance with part.'ra p f
of this provision.
l1. /f-V O
_,0. l.' 'dM)
Signature'of the officer or employee responsible for the offsr and date hGf/2 k ff &C0,
?C f L ib s'N Typed name of the officer or employee responsible for the
~
offer
- Subsections 27(a), (b), and (d) are effective on December 1, 1990.
Subsection 27(f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITH-IN THE JURISDICTION OF AN AGENCY OF THE UNITED SiATES AND THE KAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECU-TION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
(c) (1) For procurement using sealed bidding proco-dures, the signed Lertifications shall by each bidder with the bid submission except for procurement using two-step sealed bidding procedure (see Subpart 14.5).
For those procurement, the certifications shall be submitted with submission of the step two sealed bids.
A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all ordurs eventually to be placed under the contract is expect-ed to exceed $100,000.
(2) For contracts and contract modifications which include options, a certificate is required when the aggrc-gate value of the contract or contract modification and all options (see 3.104-4 (e)) exceeds $100,000.
(3) Failure of a bidder to submit the signed certifi-cate with its kid chall render he bid non responsive.
(d) Pursuant to FAR 3.104-9 (d), the offeror may be requested to execute additional certifications at the request of the Government.
Failure of an offeror to submit the additional curtifications shall cause its offer to be rejected.
(e) A certification containing a disclosure of a violation or possible violation will not ne*cessarily result in the with-holding si award under this solicitation.
However, the Government, after evaluation of the disclosure, may cancel this procurement or taka any other appropriate actions in the interests of the GoverrAnnt, such as disqualification of the Offeror.
(f) In making the certification in paragraph (2) of the certificate, the of ficer or deployee of the competing l
contractor responsible for the otfar may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training.
These certificetions shall be obtained at the earliest possible date after and individual required to certify begins employment or e.ssociations with the contractor. If a j
contractor decides to rely on a certification executed prior to l
the suspension of Section 27 (ie., prior to December 1, 1989),
the contractor shall ensure that on individual who has so certified is notified that section 27 has been reinstated.These certifications shall be maintained by the Contractor for 6 years from the date a certifyin't employee's employment with the company ends or, for an agent, representative, or consultant, 6 years form the date uuch individual ceases to act on behalf of the Contractor.
... o l
(g) Certifications under paragraphs (b) and (d) of this provision are material representations of fact upon which reliance will be placed in awarding a contract.
(End of provis'.on)
Alternate I (NOV 1990). Procurement using other than sealed bidding procedures (c) For p;ocurements, including contract modifications, in excess of S100,000 made using procedures other than sealed bidding, the signed certifications shall be submitted by the successful offeror tot he contracting Officer within the time period specified by the contracting Officer when requesting the certificates except as provided in subpara-graphs (c) (1) through (c) (5) of this clause.
In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modifications (1) For letter contracts, other unpriced contracts, or unpriced contract modifications,,whether or not the unreiced contract or modification contains a maximum or tot to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced et3 tract, or unpriced contract modification, and prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification.
The second certifica-tion shall apply only to the period between award of the letter contract and execution of the document definitiz-ing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price such unpriced contract or unpriced contract modifichtien.
(2) For basic ordering agroements, prior to the exe-cution of a priced order; prior tt) the execution of an unpriced order, whether or not the unpriced order con-tains an maximum or not to exceed price; and, prior to establishing the price of an unpriced order.
The second certificate to be submitted for unpriced order and execution of the document establishing the definitive price for such order.
(3) A certificate is not required for indefinite deliv-ery contracts (see Subpart 16.5) unless the total estimat-ed value of all orders eventually to be placed under the contract is expected to exceed $100,000.
l (4) For contracts and contract modifications which include options, a certificate 1.1 required when the aggre-l gate value of the contract or cottract modification and all options (see 3.104-4(e)) excecis (100,000.
(5) For purposes of contracts entered into under sec-tion 8(a) of the SBA, the business entity with whom the l
SBA contracts, and not the "BA, shall be required to comply with the certification requirements of subsection 27(e).
The SBA shall obtain the signed certificate from the business entity and forward the certificate to the contracting Officer prior to the award o a contract to the SBA.
l 1
S
~... -.. - - - ~... - - - - -- -
i IJ l
l 4
4 (6) Failure of an offeror to submit the signed certifi-cate within the time prescribed by the Contracting j
Officer shall cause the offer to be rejected.
i 1
4 I
l e
i t-
....,.5
REQUIRD4ENT FOR CERTIFICATE OF PROCURD(ENT INTEGRITY (FAR 52.203-9) (NOV 1990)
(a)
Definitions.
Tha definitions at FAR 3.104
- r.re toreby incorporated in this provision.
(b)
Certifications.
As required in paragraph (c) of this provision, the executive officer or employee responsible for this offer shall execute the following certification:
CERTIFICATE OF PROCURD4DIT INTEGRITY (1)
I G SM
, am the officer or employee responsible for the preparation of thic offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of Subsection 27 (e), (d), or (f) of the Office of Federal Procurement Policy Act, as amended * (41 U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (
).
(2)
As required by subsection 27 (e) (1) (b) of the Act, I further certify that, to the best of my knowledge and belief, representative, and consultant of each offic3r, amployee, agent u wo uco e,u ip aa en 1 Crr nu 6 3 wr -
who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of Subsection 27(a) of the Act, as implemented in FAR, and will report inmediately to me any information concerning a violation or possible violation of the Subsection 27(a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this precurement.
(3)
Violations or possible violations:
(Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet) ENTER NONE IF NONE EXIST) t/ D u A (4)
I agree that, if awarded a contract under this solicitation, the pertifications required by Subsection 27(e) (1)
(b) of the Act sh 11 be maintained in accordance with paragraph (f) of this p ion.
j lA.
' tw
/.2 /f 'YO (Signatur'e of the officer or employee responsible for the offer and date) f
~ _. _ _-..._ _ _ _. _ _._.__ ___ _._
1 J
l 1
l Signature of the officer or employee responsible for the modification proposal and date Typed name of the officer and employee responsible for the modification proposal I
- Subsection 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERN 8 A MATTER WITE-I IN TEE JURISDICTION OF AN AGENCY OF TIE i
UNITED STATES AND TEE KAKING OF A FALSE, FICTITIQUS, OR FRAUDULENT CERTIFICATION MAY RENDER TEE MAKER SUBJECT TO PROSECU-TION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training.
These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the contractor. If a centractor decides to rely on a certification executed crior to the suspension of Section 27 (ie., prior to December 1, 1989),
the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated.These certifications shall be maintained by the Contractor for a period of 5 years from-the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor.
(a) The certification requi' red by paragraph (c) o this clause is a material representation of fact upon which reliance will be placed in executing this modification.
(End-of clause) 1 4
.as 6
.e,
c.
52.237 9 FEDERAL ACQUISmON REGULATION TAR) performed outside the United States are unallowatile to the NOTICE OF INTWr'!V DISAl.l.OW COSTS cuent that such payments exceed arnounts typically paid to (APR 1984) employees puvidtog nrmlar semees in the sa:nc industry (a) NotwvAstandmg any other clause of this contract--
in de United States.
(1) The Contraenng Omccr may at any ume issue to (End of clause) the Contractor a written nonce of intent to disallow spectfied costs incurred or planned for incurrerce under
$2.237 9 Procurementlategrity.
this contraa that have been determmed not to be allow.
As presenbed in 37.208, insert the following clause:
able under the contract terms; and PROCUREMENTINTEGRITY (MAY 1989)
(2) The Contractor may, after receiving a notice (a) Dt/IMnou. The definitions in FAR 3,1N.4 are under subparagraph (1) above, submit a written herebyincor;oratedin this clause, response to the Contracting Omcer, with jusufsation (b) The Contra: tor shall establish a gwwunent ethks for allowance of the costs, if the Contractor does training program (w its employees serving as procurement respond within 60 days, the Contracung OTicer shall, omclals. The program shall,at a mmimum-within 60 days of receiving the response, euher make a (1) Prtmde for the distribution of wrinen explana.
wrinen withdrawal of the nodce or inue a wntten deci.
tions of the provisions of section 27 of the Omce of sion.
Federal Procurement Policy Act (41 U.S.C. 423) as (b) Failure to issue a nouce under this Notice of Intent implemented in the FAR to stich employees; and to Disallow Costs clause shall not affect the Governtnent's (2) Requae each such etnpoyee, as a condidon of rights to take exception to inctated costs, serving as a procurement official,ic cerufy to the (End of clarse)
Contracung Omcer that he or she is farniliar 49 the (R 7 203.351978 AUG) provisions of the Act, as implemented in the FAR, and will not engage in any conduct prohibited by subsec.
52.242 2 Production Progress Reports, tions 27(a),(b), (c), or (e) of the Act, as implemented in As tres:ribed in 42.1107(a), insert de following clause the FAR, and will report immedtattJy to the Contraming in solicitations and contracts when production progress Omcer any informanon concerning a violadon cr possi.
reporting is required; unleas a facilities contract, a con.
ble violadon of the prohibitions.
sanctran contract, or a Federal Supply Schedule contract is (c) Pursuant to FAR 3.104 9(d), a Contractor employee contemplased, who is serving u a procurernent omcial may be requested PRODUCTION PROGRESS REPORT 3 (APR 1984) to execute addidonalmrtirmations.
(a) The Contractor shalf prepare and submit to the (d) If a Contracax ennployee serving as a pw.med Contracting Omcer the production progress reports speci.
=-
ometalceases Au nce of these duties during the condta fled in the contract Schedule, of stch r mere expected to result in a contract or con.
(b)Dunng any delsy in furnishing a production progress tract modifendon in excess of S100,000, such ernployee shali report required under th.s contract, the Contracting Omcer cerufy to de Contractmg Omccr that he a she understands may withhold from payment an amount not exceeding de conunums obligation, dring the condua of the agency
$10,000 or 5 percent of the amount of this contract, procurement, not to disclose propnetary a source selecuan whichever is less.
Informanon related a) such agency pwwui. cat.
(End of clause)
(End of clause)
(R7.IN.511971 APR) 52.238 Reserved.
52.242 3 Reserved.
52.239 Reserved.
52.242 4 Reserved.
52.240 Reserved.
52.242 5 Reserved.
52.2424 Reserved.
52.241 Reserved.
51.2421 Notice of Intent to D1 sallow Costs.
52.242 7 Reserved, As presenbed in 41.802, insert the following clause in solleitations and contracts when a cost. reimbursement con.
52.242-8 Reserved.
tract, a fixed pnce incenave contract, or a contract provid.
52.242 9 Reserved.
Ing for pnce redeterminance is contemplated:
52 202
_.~
FEDERAL ACOUISmON REGULATION (FAR) 52.203 10
[ Typed r,ame of de oficer or employee respowble for the (ii) lf no base fee is spectred in me comrset,30 modvicanon prepots/l pestent of the arnount of exti eward fee omerwas
- The Act became etTecdve on Decernber I,1990.
payable to the Contracur for each award fee evaba.
THIS CERTIFICAT1CN CONCERNJ A MATTT.R WITH.
Gon penod ce at each award fee detenninauon po nt.
IN THE JURISDICTION OF AN AGENCY OF THE (4) For fixed. price. incentive contracts, the UNITED STATES AND THE MAKING OF A FALSE, Government may-FICTITIOUS. OR FRAUDULENT CERTIFICATION (0 Redxe the contract target price and contract MAY RENDER THE MAKER SUBJECT TO PROSECU.
target pront both by an amount equal to the initial TION UNDER TITLE 18 UNITED STATES CODE, target profit specded in the contract u the ume of cona'act award; or SECT 10N 1001, (End of cerufarm)
(10 If an imma^'a adjustment to the contract tar.
(d) la making the ceruficanon in paragraph (2) of the get prce and contract target profit would t. ave a sig.
certincate, the officer or employee of the competing niGcant adverse impact on the incendve prze revi.
Contractor responsibic for the offer or bid, may rely upon a sion reladonship under the contract. or adversely one ti ne ceruncanon from each individual required to sub.
affect the contract financing provisions, the mit a certincation to the competing Contractor, suppie.
Contracung Officer may defer such adjustment unut memed by penode traming. These cauficanons shall be establishment of the total fmal price of the contract.
mamtaiced by the Contractor for a penod of 6 years from The total final pnce established in so.ordance with the date a cerufying employee's employment with the com.
the incentive pree revision pcvisions of the contract pany ends or, for an agency, repreentadve, or consultant,6 shall be reduced by an amount equal to the inidal tar.
years from the date such individual ceases to act on behalf get profit specified in the conact at the ume of con.
of the contractor.
tract award and such reduced price shall be the total (e) The certennno required by paragraph (c) of this finalcontract price.
j clattse is a material representadon of fact upon which (5) For firm nxed price contracts or conuset modin.
reliance will be placed in executing this modscadon.
cations, by 10 pcreent of the inidal comruct ptice: 10 (End of clause) percent of the contract medincmion price; or a proSt amount determined by the Contracdag Ofncer from 52.203 10 Price or Fee Adjustment for Illegal or records or documents in existence prior to the date of 1:nproper Activity.
the contract award or mea %
As prescribed in 3.10410(c), insert the foliowing (c) The Government may, at its eletina. reduce a prime contractor's price or (ce in acmrdance with the ph J!ause:
PRICE OR FEE ADJUSTMENT 70R ILLEG AL OR of paragraph (b) of this clause for violadons of the Act by IMPAOPER ACTIVITY (SEP 1990) its subcontractors by an amount not to exceed the arnount (a) The Government, at its election, may reduce ti s of proGt or fee reflected in the subcontract at the time the price of a nxed price type contract or contract modirearm subcontract was first dermitively priced.
and the total con and fee under a cost type contract or con.
(d) In addition to the remedies in paragraphs (a) arul (c) tract modification by the amount of profit or fee deter.
of this clause, the Government may termmate this contract mined as set fonh in paragraph (b) of this ctr.use if the head for default. The rights and remedies of the Government of the contractmg activity or his or her designee desamines specified herein are not exclusive, and are in addition to that there was a violanna of subeection 27(a) of the Ofnce any other rights and remedies provided by law or under this of FederalIw.a Policy Act, as amended (41 U.S.C.
contract.
423), as implememed in the FAR. la the case of a contract (End of clause) j modification, the fee subject to r. duction is tte fee speci.
fled in the particular estract men's t the time of
$2.20311 Certification and Disclosure Regarding a
l execution, except as provided in subparagraph (b)(5) of Payments to Influence Certain Federal Transnetions.
i As prescribed in 3.808, insert the lollowing provtsiom this clause.
(b) The price or fee reduction referred to in paragraph CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS 1D INFLUENCE CERTAIN FEDERAL (s)of thisclauseshallbe l
(1) For cost plus. fixed. fee contracts, the amount of TRANSACT 10NS (JAN 1990) l the fee specified in the contract at the time of award:
(a) Thu definitions and prohibitions contained in tha i
(2) For cost plus-incentive. fee contracts, the target clause, at FAR 52.203 12. Limitation on Payments to fee specined in the contract at the time of award.
Influence Certain Federal Transactiona included in this notwithstanding any minimurn fee or " fee Door" speci.
- ^Mm*; are hereby incorporated by reference in para.
graph (b)of this cernreation.
ned in the contracts (3) For cost plus-award fee contracts-(b) The offerur, by signing its offer, hereby certifies (1) The base fee estabitsbed in the contrxt at theto the best of his or her knowledge and belief as of time of contract award:
0-m* 23,1989, that-52 10 (FAC 84-60) e 0e t
--~
PART $2--SOUCITATION PROVISIONS AND CONTRACT CLAUSES sg.:c312 (1) No Federal appropriated funds have been paid or Indian Self.Decarmmannn and rAmn A3,tgane,4:
nll be pasd to any person for mfluctcng or nuempung (23 U.S.C. 450B) and include Alukan Natives.
to innuence an ofncer or employee of uy agemy, a "Influerung or suempung to tanuance," as used in thk O
Member of Congress, an offices or employee of c!ause, means making, nth the intent to inntence, an>
Congress, or an employee of a Member of Congress on communication to or appearance before an officer o-his or her behalf in connecnon with the awardag of my employee of any agency, a Member of Congress, an ofnce-Federal contract, the matang of any Federal grant the or employee of Congress, or an empbyee of a Member o !
I rnahmg of any Federal loan, the entertng into of any Congress to connecuan uth any covved Federal a nnn coo;crauve agreement and the extennon, conunaanon.
"I.o:al government." u used in this clause, means a uru rentwal, amendment or modificauon of any Federal of government in a State and,if chare:ed.==MitbA e ccetra:t. grant lona or coopernuve agreementt otherwise rtcogntred by a State for the performance of :
I (2) If any funds other than Federal appropnated governmental duty, including a local public authonty, a funds (ircluding profit w fee received under a covered special dutra, an intrastate district, a council of goverr Federal transacnon) have been paid, or will be paid, to menta. a sponsor group repreaparative or ai~h; an, any person for influenctog or nuempung to influerce an any other instrumentality of a local govemment, ofncer or employee of any agency, a Member of
- Ofncer or emptr yee of an agency," as used in thi Congresa, an ofncer or ernployee of Congress, or an clanse, includes the following individuals who ar.
employee of a Member of Congress on his or her behalf employed by an agency:
in connection with this sobcitation, the offerer shall (a) An individual who is appointed to a position in th ecrnplete and submit, with its offer OMB standard form Oovernment Lader title 5. Unhed States Code, incl ding. 1 LLL, Disclosure of Lobbying Activities, to the pnenem urder a temporary appatatment.
Contracung O!ncert and (b) A member of the untformed servaa, as defined i (3) He or she wul irclude the Language of this certi.
@= 101(3), tide 37 Unhed States Code, ficanon in all subcontra:t awstds at any tier and require (c) A spectal Gowinment employee, as denned in act that all recipients of suirrJntract awards in excess of tk n 202, title 18, Untied States Code.
$100.000 shall cernly and disclose scentdmgly.
(d) An individual who is a tr*mh"of a Federal advisc (c) Subminion of this cernncadon and diel-e is a ry committee, as defined by the Federal Advisor prerequisite for making or entering into this contract Canmiuee Act, titic 5, United Stams Code, appendu 2.
" Person," as used in this clause, means an individna O
imposed by secdon 1352, titic 31, United States Code,Any person who m w.en, ccepany, atanmarr= authority, arm, panne this provision or who falls to nl: or amant the disclosure abip, scoery, Sate, and local government, regardless t form to be filed cr amended by this provisim, shall be sub-whetbir such emity is operated for proSt or not for pros ject to a civil penalty of not less thsn $10.000, and not
'this term eacludes an Indian tribe, tribal organmarian, c
~
more than $100,000, for each such failure.
any other Indian ormima with respect to expenditim (Erd of provisiun) ap*Hy penmned by other Federallaw.
" Reasonable compensation." as used in this clans 52.203 12 Limitation on Payments to infli:ence Certain means, with respect to a regularly ernployed ofacer c Frderal Transactions.
employee of any person, cornpensation that is constate As presenbed in 3.808, insert the following clause:
with the normal compensanon for such officer or employi LD,UTATION ON PAYMENTS TD INFLUENCE for work that is not finushed to, not funded by, or not fu CERTAIN FEDERAL TRANSACTIONS (JAN 1990) nished in cooperation with the Federal Goverammt.
(a) Definhions.
"Raamahle payment," as used in this clause, maar
" Agency " as used in this clause, means execudve egen.
with respecs to professional and other tachrnent servm ey as denned in 2.101.
payment in an amount that is consisent sith the a nou
" Covered Federal acuan," as used in this clause, means normally paid for such services in the pnyate sector, any of the following Federal actions:
" Recipient." as used in this clause. includes ti (a) The awarding of any Federal contact Contractor and all subcontractors. This term excludes a (b) The making of any Federal grant Indian tribe, tribal organuation, or any other Indian orgar (c) The making of any Federalloan.
sanon with respect to expendttures specifically permin:
(d) The entering into of any cooperative agreement.
by other Federallaw.
(c' The extension, ennH=non, renewal, amerdment.
- Regularly employed," as used in this clause, ccent or modification of any Federal contract, grant, loan, or aidi respect to an ofncer or employee of a person reque:
w.i.@c agrwmnu ing or recerving a Federal contract, an ofncer or employ ;
"Irvitan trioe" wt " tribal organization," as used in this who is ernployed by such person for at least 130 worki: l G
clause, have thb me#cg provided in section 4 of the dsys within 1 year immeduceJy precedmg the date of L 521 l 1
- L FEDERAL ACQUISmON REGULATION TARi s2. m.12 subrmssion that minatt.: agency cormderauon of such pe..
son zuvities are pernuned at any ume where they son for rece pt of such contract. An otricer or employee are not re!ated to a spectfic solicitauon for any who is employed by such person for less than 130 worung covered Federal Econ:
j days wnhin 1 year swe'Ay precedmg the date of the (1) Discussmg wnh an agerey the qualities 1
submission that midates agency cormderanon of such pet.
and characteristics (including individual son shall be cormdered to be regularly employed as soon as demonstrauons) of the person's products or he or the is employed by such perst.ci for 130 working semees, conditions or terms of sale, and ser.
days.
vice capabdities.
" State," u used in this clause, means a State of the (2) Techmcal he% and other acdvi.
United States, the District of Columbia, the ties regarding the applicauon or adaptanon of Commonwealth of Pucrto Rico, a territzy w possession of the person's products or semees fo* an agen.
the United Statea, on agency or instrumentality of a Sate, cy's nac.
and muhl. State, regional, or intersme enury having gov.
(D) 1he following agency and legislative lial.
ernmentalduties and powers.
son activities are permined where they are pnar to (b) Prohibitions.
formal solicitation of any covered Federal (1) Sectica 1352 of title 31, United States Code, acuoo--
among other things, prohibits a recipi:st of a Federal (1) Providin2 any informnico not specta, contract, grant, loan, or cooperanve agreement from cally requested but necessary for an agency to using appropnated funds to pay any person for influere.
make an informed decision about initiation of a ing or anempung to inDuence an otticer or ernployee of coveted Federal action; any r,gency, a Member of Congress, an officer or (2) Technical discussions regarding the employee of Congress, or an employee of a Member of preparanon of an unsolicited proposal pnor to Congress in manaenon with any of the followmg cov.
Its offklat submission:and ered Federal actions: the awarding of any Federal con.
(3) Capability presentations by persons tract: the making of any Federal grant: the maldag of seeking awards from an agercy pursuant to the any Federal loan: the enterms into of any coopersuve provisions of the Small Businew Act, u agreement: m the 'naart* of any Feasral contract, amended by Pub, L 95 507, and subsequent amananante grant, loan.orw.give agreement.
r (2)1te Act also requires Contractors to furnish a dis.
(E) Only thoes services expreasly authartzed
{
closure if any funds other than Federal appropriated by subdivision (bX3)(I)(A) of this clause are per.
I funds (including profit or fee recerved under a covered minedunderthl clause.
l Federal transacdon) have been paid, or will be paid, to (11) Professionalandtechnicalservicer,
=
any person for influencing or suempting to influence an (A) 'the prohibidon on the use of appropnated officer or employee of any agency, a Member of funds, in subparagraph (b)(1) of this clause, does I
Congress, an officer or employee of Congress, or an not apply in the case of-l employee of a Member of Congress in conrecrina with (1) A payment of reasonable compensanon a Federsi contract, grant, loan, or cooperative agree.
made to an officer or employee of a person ment.
requesting or receiving a covered Federal (3) *Ihe prohibidons of the Act do not apply under action or an extension, continuation, renewal, the followmg condidens:
amendment, or modification of a covered
(!) Agency and legislative liaison by owa Federsi actin 7 payment is for professional or enployees, technical sca rices rendered directly in the (A) The prohibition on the use of approprmied pr-W submission, or negociadon of any funds,in subparagraph (bX1) of this clause, does bid, proposal, or application for that Federal not apply in the case of a payment of rememble action w for meedng regt rements imposed by comaaa-h made so an officer or ernployee of a or pursuant to law as a Wih for receiving person requestag or receiving a covered Federal that Federal accon.
acdon if the paymeat is for agency and legislative (7) Any reasonable payment to a person, liaison scrivities not direcdy related to a covered other than an ofSect or employee of a perion Federal acrinn-requesting or receiving a covered Federal (B) For purposes of subdivision (bX3XIXA) of action or an extension, continuanon, renewal, this clause, providing any infortaanon epar'n *11y amendment, or modification of a covered requessed by an agency w Congress is permined Federal action if the payment is for profession.
at any time.
al or technical services rendered directly in the g
(C) The following agency and legislative ital.
preparanon, submission, or negonanon of any 1
52 12 GF v
n
,n,
PART 52-SOLICTATION PROVISIONS AND CONTRACT CLAUSES 52.203 12 bid, proposal, or applicauon for that Federa!
dia:lonne form OMB standard form Lt.L. Disclosure acts:n or for moeung regmrements imp 3 sed by of 1.obbytag Acuvtues if seh persva has made or has or ptrsuant to law as a condition for receavmg agreed to make any payment using nonww.ted G
that Federal acuon. Persons other than ofncers funds (to factade profits from any covered Federal or employees of a person requesung or receiv-action), which would be prohibited under subparagraph ing a covered Federal acuon include consul-(bXI) of this clause,if paid for with appropnated funds.
(2) ne 'er-w shall h a dehmus form at the r
tants and trade associations.
(B) For purposes of subdivision (bX3XiiXA) of end of each calendar quaner in which there occurs any this clause, " professional and technical services" event that matenally affecu the accuracy of the informa.
shall be lirnhed to advice and analysis dheedy Lion comained in any disclosure form previously hd applying any professional or technical discipline.
by such person under subparagraph (cXI) of this clause.
For example, drafting of a legal 6-* accom-An ever.1 that matenally affects the acciaracy of the panying a bid or proposal by a iswyer is allowable, informanon reponed WW-Similarly, technical advice provided by an engineer (i) A cumulative increue of $25,000 or more in on the performance or operauonal capabilhy of a the amount paid or expected to be paid for innuem.
piece of equipment rendered directly in the hegotia-ing or attempting to influence a covered Federal tion of a conunct is allowable. However, commu-n
- or nications with the intent to influence made by n (ii) A change in the person (s) or individual (s) professonal (smh as a licensed lawy:r) or a techni-influencing or attempting to influence a covered cal perion (such a*. a hcemed accoumarn) are not Fedwalaccon: or allowable under this section unless tey provide (ill) A change in tie ofDeer(s), employee (s), or advice and analysis chrectly applying their profes-Member (s) contacted to influence or auempt to influ-sional or technical experuse and unless the advice ence a covered Federalacuan.
or analysis is rendered dheedy and soleJy in the (3) ne Contractor shall require the submhnal of a prepamoon, submission cr negorimma of a covered cenifkauan, and if required, a diarh==e form by any Federal action. nus, for example, communica-person who requests or receives any mamawact eaceed-tions with the iment to influenec made by a lawytt ing $100,000 under the Federal contract.
that do not provide legal advice or analysis directly (4) A!! sabcontractcr debaure fanns (but not ceni-O and solely related to the legal aspects of his or her fications) shall be forwarded from tier to tier until client's proposal, but generally advocare one pro.
received by the prime Contracicr. De prime Contractor posal over anede.t are not allowable under this acc-shall submit all dhchenes to the Comracting OfBcer at tion because the lawpr is not providmg professen-the end of the calendar quaner in which the discion.re at legal servims. Similarly, commn*arnis with form is submined by the subcontracioc. Each subcon.
the intent to influence made by an engineer provid-tractor cenificanon shall be retained la the subconanct tog an engineering analysis prior to the preparation
& of the swaniing Contractor.
or submission of a bid or proposal are not allowable (d) Agreencar. 3: Contractor agrees not to make any under this secuan since the engmeer is providing paymem prohibhed by this clause.
technical services but not dheedy in the prepara-(e)Penahies.
tion, submission or negotiation of a covered (1) Any person who makes an madi~e pmhibh.
Federal wtion.
ed under paragraph (a) of this clause or who fails to &
(C) Requirements imposed by or pursuant to or amend the disclosure form to be hd or a-lad by inw as a condition for receiving a covered Federal raragraph (b) of this clause shall be subject to civil
(
award include those required by law or regulatha p==* as provided for by 31 U.S.C.1352. An impo.
and any other requirements in the actual award sidon of a civil penalty does not prevent the documents.
Government from seeking any other remeoy that may be (D) Only those services expressly authorned applicable.
by subdivisions (b)(3)(li)(A)(1) and (2) of this (2) Concretors may rely without 11abilky on the sep.
clause are permiued under this clause, resemation made by their subcontractors in the cenifica.
(E) The reporting requirements of FAR tion and disclosure form.
3.803(a) shall not apply with respect to paymems (f) Cost allowability Nothing in this clause makes of reasonable compensation made to regularly allowable or reasonable any costs which would otherwise i
employed ofncers or employees of a person, be unallowable or urresumable. Conversely, costs made (c) Disclosure, spectfically unallowable by the requirements in thl clause 1 he Contractor who requests or receives from an will not be made allowable under any other provision.
G age (nc)y a Federal contract shall file with that agency a (End of clause) 52 13 f
__