ML20032A637
| ML20032A637 | |
| Person / Time | |
|---|---|
| Issue date: | 03/23/1981 |
| From: | Morton K NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Battelle Memorial Institute, COLUMBUS LABORATORIES |
| Shared Package | |
| ML20032A633 | List: |
| References | |
| CON-FIN-B-7027, CON-NRC-04-81-178, CON-NRC-4-81-178, CON-NRC-81-178 NUDOCS 8110300498 | |
| Download: ML20032A637 (74) | |
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tp UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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\\..< f March 23, 1981 Gentlemen:
Subject:
Request for Proposal No. RS-RES-81-178 Entitled: "The Degraded Piping Program" The U. S. Nuclear Regulatory Commission (NRC) is soliciting proposals for the project entitled above.
The full scope of work anticipated is as set forth in that part of the Requec* for Proposal entitled, " CONTRACT SOlEDULE - STATEt1ENT OF WORK."
It is our intent'on by this solicitation to secure the best qualified organiza-tion available to oerform this project, cost and other factors considered.
If you desire to respond, your proposal should address the proposal content requirements set forth in the body of the solicitation.
All proposals will be evaluated against the evaluation criteria shown in Part II.
For your convenience, an "RFP Sumary" has been provided as Enclosure A.
Instructions for completing and submitting your proposal are provided in Enclosure B.
Should y3u determine that you do not wish to submit an offer, a "NO-OFFER RESPONSE FORM" is provided as Enclosure C.
The solicitaticn package is included as Enclosure D.
If you have any questions concerning the requirements of this solicitation, please contact Mr. Alonzo Jacobs at (301) 427 4365 (collect calls will not be accepted).
Sincerely, cY Kellogg V.
rton, Chief Research Contracts Branch Division of Contracts Office of Administration
Enclosures:
A.
RFP Summary B.
Proposal Submission Instructions C.
NO-0FFER RESPONSE FORM 0.
Solicitation Package (Standard i
Form 33 with Attachments) l 8110300498 810922 PDR CONTR f
NRC-04-81-178 PD" I
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SUMMARY
The following summary provides a general description of this requirement.
Further detailed-information is furnished in the applic3ble sections of the RFP.
RFP NO. : RS-RES-81-178 RFP TITLE: The Degraded Piping Program BRIEF STATEMENT OF WORK: The contractor will-plai. a comprehensive experimental program to demonstrate the capacity'of cracked piping to withstand postulated accident and transient loading and to evaluate the validity of tearing.
instability fracture mechanics analysis as an analytical technique for predicting the loading capacity and failure mode _of piping that has or. is postulated to have significant cracking.
RFP RESTRICTIONS:
S Unrestricted O Set-Aside
/~7 Total.Small Business - Labor Surplus Area Set-Aside
// Total Small Business Set-Aside
{/ Partial Small Business Set-Aside ISSUE DATE:
March 23,1981 CLGSING DATE/ TIME: May 8, 1981 3:00 p.m. local time ESTIMATED LEVEL OF EFFORT:
3 man-years PERIOD OF PERFORMANCE:
9 months PROPOSAL ACCEPTANCE PERIOD:
90 days ANTICIPATED AWARD DATE: August 30, 1981 TYPE OF CONTRACT ANTICIPATED:
Cost Plus Fixed Fee SECURITY REQUIREMENTS:
None PRE-PROPOSAL CONFERENCE:
hione TELEGRAPilIC RESP 0tiSES ARE NOT AUTHORIZED.
ENCLOSURE A 1
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i PROPOSAL SUSMISSION INSTRUCTIONS i
The following instructions are-provided as a summary guide to assist the offeror.
in the sucmission of a proposal ~ but they do not supersede those instructions contained in the solicitation package.
Tne instructions contained throughout the " solicitation package" (Enclosure 0 to the cover letter) shall govern in all instances where a cantradiction exists.
DOCUMENTS REQUIREC IN PROPOSAL
-- One (1) original signed copy of the solicitation package, i.e.,' Standard.
Form 33 with attachments.
-- One (1) original and five ( @ copies each of the Technical and Cost Proposals.
OFFER 0R " FILL-INS"
-- Offeror must complete Block Nos. 16,17,18,19, and 20 of. the SF-33 along-with completion of all representations and certifications contained on pages 2 through 8 of the solicitation package.
-- Part IV, Attachment #4, " Proposal Summary and Data Sheet," is to be completed by the offeror.
-- It is requested that the " Optional Form 60" provided in Part IV be used in submission of the Cost Proposal.
NOTE: The offer must set ' forth full, accurate, and complete information as.
required by this solicitation (including attachments).
The penalty for making false statements is prescribed in 18 U.S.C.1001.
TRANSMITTING OFFER 0R'S PROPOSAL
-- All offers should be addressed as indicated in Block 7 of the Standard Form 33.
-- The envelope used in submitting your proposal must be plainly marked with the solicitation number, the time, and date set forth in the solicitation document (Block 9 of the Standard Form 33) and the following notation:
" Mail Roc.n -
Do Not Open."
-- Hand-carried solicitations - Hand-carried offers should be addressed as indi-cated in Block 7 of the Standard Fc m 33 and delivered to:
U. S. Nuclear Regulatory Comnission Division of Contracts Research Contracts Branch Room 304 7915 Eastern Avenue Silver Spring,- MD 20910 CO NOT HAND DELIVER TO BUILDING SECURITY GUARDS.
PHONE X-74365 AT THE GUAf_ OESK.
Telegraphic proposals are not tuthorized, and if submitted, such proposals shall be rejected.
EtiCLOSURE B 1
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i NO-OFFER RESPONSE FORM RFP NO.:
RS-RES-81 -178 TITLE:
The Degraded. Piping Program Please review the enclosed RFP.
If you do not desire to submit a proposal, complete the section below, fold this sheet as indicated on the reverse, stacle, affix postage, and mail back to the NRC.
Gentlemen:
Please be advised that we do not desire to submit a proposal for the above RFP.
We / / desire / / do not desire to be retained on the NRC Contractor Bidders MaiTIng List.
/- 7 We desire to be placed on the NRC Contractor Bidders Mailing List.
Name of Organization:
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Authorized Signature:
j Typed'Name and
Title:
Date:
t ENCLOSURE C I
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e TABLE OF CONTENTS L
RFP N0. RS RES-81-178 PART I - GENERAL INSTRUCTIONS g
Standard Form 33, " Solicitation, Offer, and Award";
" Representations, Certifications, and Acknowledgments" l
PART II - SOLICITATION INSTRUCTIONS AND CONDITIONS Standard Form 33A, " Solicitation Instructions and Conditions" 9
-- Proposal Presentation and Format
/-- Business / Technical Proposal Instructions
-- Evaluation of Proposals PARY II - CONTRACT SCHEDULE Article I
- Statement of Work 29 Article II - Period of Performance 38 Article III - Consideration and Payment 38 Article IV - Overhead / General and Administrative Rates 38 Article V
- Key Personnel 39 Article VI - Technical Direction 39 Article VII - Project Officer 41 Article VIII-Travel Reimbursement 42 Article IX - General Provisions / Alterations 43 PART IV - ATTACHMENTS NRC Contracto.' Organizational Conflicts of Interest (41 CFR Part 20)
NRC Organization Chart Optional Form 60 Proposal Summary and Data Sheet -
- General Provisions Attachnent 5
- NRC Manual Chapter 3202 CPlease note that in order to reduce printing costs, only one copy of this document is included with this solicitation.
Please retain it for your files since any contract-awarded as a result of this solicitation will alto contain this document by referende.
ENCLOSURE D
PART I j os s curmo can arum os==a t.m a sea i om,ea.
..m SOLICITATION. OFFER AND AWARD
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SQLICITATION e se.ted.ef a = one (_1} sriqinal coor '= 'wa.*as tae swooi.a or serv.ca.a iae scheduie -.n b.,ec.ed.i in p..co.p.c.e d.n woc n e. o, e
aoon 304. ??l5 Easteen Avenue 3 00 m
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,o,a,,., e Mav 8. 1981 or aanocm.ed.,n ene demre,. _y so,,,,,.n Silver Spring, MD 20910 suo.,,s (a. e, et ines is an own. sed soi.citas.on. ofvers 45 be punhcty r oened as thei nime.
CAUTION - LA TE CF/ERS: S** oers. 7 and 8 o! Sciacurat,an Instructione and Condtrone.
{It509Y09h$C Y0$PCn50$ 0Yt YCt authoriZef)
. an offers one sve,ect to the tono ng:
- 1. The Schcitation instrucuens and Cond.i.ons. SF 33 A January 1973
- 3. rhe schedoie.ncioded he.e.n.,.d/o,...ched he,ero.
editen mch., attached or worpoested here.n by reference.
- 4. Such other orov s.ons. reoresentet.ons cert f.csi.ons, and spec #. cat oe.s
- 2. The Geaced Prov.sens. SF 32.
edesion, weich es as are attached or.ncorporated herein by esteeence.
estacmed or encoecorated hereen ny esf.<ence.
(Arrachmans are i,srud m acneduse.)
/04 INFC'PW A TION Calf. (Name d fetepaone noJ INo cenecr eans> >
Mr. Alonzo Jacobs (301) 427-4365 SCHEDULE j,
se u r p..ca is a.eotar
.e.vene e o s e sweatie s stav.cas is cuamrirv SEE PART III 0F THIS SOLICITATION PACMAGE
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e.e. e OFFEn scages 2 ane 3 must moso ce tutty comptered by otteror)
In cornofeerice w..h sme eDowe. the unders.gned agrees..f th.s off ee.s accsoted ov.ih.n calenose deve l'/hatender oers un/ess a oeheuent pened es
.aserred air ene enerors from ime date fo, eece.ot of off ees soec.fied eeove. to fwsneen.n, or ase ewns upon wh.tn prices see of f e.ed at the price set oppos ee.ach
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PRINCIPAL PLACE OF PERFORMANCE:
RS-RES-81-178 Page 2 of 51 i
l REPRESENT ATIONS. CE RT4FIC_ATIONS AND ACKNOWLEDGMENTS REPR ESENT ATIONS <Chese or sumpiere sit auchcane boses or otoces i The of fece terecients as pa't of his offer that 1.
SVALL BUSINE:S ISee var to on SF JJ A >
g He C is. 2.s not a sma t bus. ness concern if offesor es a small business concern and is not the manuf acturer of the suppnes offered.
l re aiso represorts that
.I wpphes 19 be turnisned hereu der C win. O w 41 not. be man f acturered or produced by a small business concern n
u in the United State. s possessiont.or Peetto Rico 6
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MINORITY BUSINESS ENTEF MISE He C es. C es not, a rnersority,usiness enterprise. A minority business enterprise a defined as a " business. at least 50 percent of which ned by m nority group members or.in case of pubhcly owned businesses. at least $1 percent of the stock of which is owned byminority isow pu pose of the definition, minority group members are Negroes. Spanish spealung American persons, group rnembers
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American-Orientais. American ino.ans. Amer can Esmimos. and Americari Aleuts.
3 REGUL AR DE ALER - MANUF ACTURE R fApphcable only to suupty contracts eacercting 510 000J He is a C regu:ar cea;er 3 C manufacturer of, the supplies offered.
4.
CONTtNGENT FE E (Ser var. 15 cn SF JJ A 1 tai He Z hat. I has not, empioved or retained any company or persons (orner inen a tutt t,me corra /,cie emo/ove* avraeng so/ety ror the offern" t'o sohcet or secure this contract. and thi he ' has.C has not. pa d or agreed to oay any company or person utner than. f st r
reme bons tufa eenosuver waraent, notrey for the otterors any fee. commission, peecentage. or broke' age f ee contingent uoon os sesulting itom the award of this contract. and ageoes to fuenish information teletsrig to tal and (b) abose, as requested by the Contracting Officer (inte gre-tarion of the representation onclartong the term 'buna toor erreauver."see Code of fuseral Rersat<urss, hate 41. Susaart t t 51 5.
TYPE OF BUSINESS ORGANIZATION He operates :.s 2 an indivedual. C a pat:nershrp. 2 a nonprofit organization. 2 a corporation, encorporated unoer the taas of the State of 6.
AF FILE ATiON AND ruTNTlFYlt4G D ATA IApphcabir orrty to advertised sofocetatoors o Each of'eror shait comnte *al and (b)if apolecaole. and tel betoa.
ta. He ! is. 2 is not, owned or controHed by a parent company. (See par.16 on SF JJ 4.s (br if the offeror is owned or controlled by a parent cornoany, he shall enter in the blocus below the name and ma n office address of the parent company:
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EQUAL OPPORTUNITY tal He C has. O has not. i.arncipated in a previous contract or subcontract suosect eitner to the Ecual Opportunity clause nerein or the crease or,ginaHy contained in section 301 of Executive Order No.10925. oe the clause contained en Section 201 of E =ecutive Orde No.
11114. that he C hat. C has n t. filed au teowered comphance reports. and that representations indicating submission of required compassace reports. signed by cruposed subcontractors, will be vbtained prior to subcontract awards (The above representation need not be submitted in connectron with Contracts or subcontracts wNCh are esemDt trom tne equal oooo'tu ity C ause i n
fut Thales Jer (or offeror) represents Inst til he C hag developed and has on f ate C has not develoDert and riots not nave on fila. at eacn establistment affermative action programs as reavired by the rules and regulations of one Secretarv of Labor i41 CF R 60 t amt 60 28 or (21 he C N.s not previously hed contrat ts suosect to sne written affirmative action programs reavirement of sne rules eart te ont cl the Secretarv of Lauor t The soove representation snart ce compiered by enen biocer tor otterarI wnose aid totters is $50 000 or ma.
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50 or more emplovers o CE R TIF1C ATIONS LCnece or comoitte at' aaorecaote Ocees er t>rocasi 1.
BUY AMERICAN CERTIFICATE The of feror certifies as part of his offer, that es* cod product, except the end products tested beso*. is a domestic end product tas defined in tne classe entitled " Buy American Act"). and that components of unknown origin have been considereo to have been mined. produced. or man factured outside tte United States.
u E scLucto suc *=oDuC's ccues, Cr on. Gee Staacard Fosm 33 Page 2 tREV 3 771 a
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RS-RES-81-178 l
Patic 3 of 51 2
CLE AN AlR AND w ATER IAcciscobie of the ord or o!!ar escocos St00.000.or the contracting olfosor nas determmois that orders uncer nr. oncetonote cuantity contract on any year watt escrec $100 000 or a facoloty to be used has been the subiect of a conectoon unoer tne cuan Aor Act in US.C.1857c.8tcIll))or the feceror Wotor Pottution Control Act (33 U S C.1319fc)) and te listed by EPA.
or <s not otherwise enamot i The bidder or of feror certifies as follows:
(at Any facihty to be utilized in the performance of this proposed contract C has C has not, been tested on the Environmentas protection Agency List of Violatmg Facihties.
(bl He will prumotly notify the contracting officer, prior to award,of the receiot of any communication from the Director, Office of Feceral Activities Environmental Protection Agenc), mdicatmg that any facihty which he proposes to use for the performance of the contract is under consideration to be listed on the EPA hst of Veolatmg Facihties.
l (c) He will include substantially this certification, including this paragraph (c), in every nonenempt subcontract.
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3.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISte per 18 on St JJ AJ f ar By submisuon of this offer, the offeror certifies, and m the case of a toont offer, each party thereto certif.es as to its own
=
i organisation,inat in connection with this procurement:
(11 The prices m this offer have been arrived at indeoendently, without consultation. communication, or moreement, for the purpose of restrtsting campet.t.on, as to any matter relating to such prices with any other offeror or with any competitor, (2) Unless otherwise reovered by law, the prices wh.ch have heen cuoted in this offer have not been linowingly disclosed by the afferor and wiH not knowmsty be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award m the cue of e negotiated procurement,directly or indi*ecify to any other offeror or to any competitor; and (3) No attempt has been made or will be made by the offeror to mduce any other person or firm to submit or not to submit an of fer for tnat purpose of restrictmo competition.
Ibl Each person signmg this offer certifies that-O f He is the person in the offe<or's organization respotisible within that organiastion for the decision as to the prices t eing offered hereir and that he has not participated, and will not partecipate, m any action contrary to (alH) through (aH3.. above, or (2) 6) He is not the person m the offeror's organization responsible within that organization for the decissori as to the prices
- emg offered herem but that he has been authorized m writmg to act as. agent for the persons respons.b:e for such decision m certifymg that such persons have not participated and ws;l not participate, m an, action ex.trary to (a10) through (a)(3) above, and as their agent does hereoy so certify; and (n) he has not participated, and will not participate. m any action contrary to (alMI through (altW above.
4 CERTWCATION CF NONSEGREGATED FACluT1ES(Applicable to II) contracts. (21 subcontracts, and (J) agreements auth acoircants who are Enemselves performong federally assosted construction contracts enreedmg $10.000 wnuch are not esempt from the provrsions of the Eoval Coportunoty clause.)
Sv rhe sucmission of this bed, the bidder, offeror, apphcant. or subcontractor certifies that he does not mamtsin or provide for Ns emp! ogees any segregated fac hties at any of his estabbshments, and that he does not perm.t his employees to perform their services at any location wnder his control, where segregated facihtees are resente ned He certifies further that he wiH not maintam or prov.de for his employ.
een anv segregated f anhties at any of his estatshshm.nts. and that he will niet permit his employees to perform these servic=s at any location, untfar his i.ontrol, who's segregated f acihtees are mainta.neri. The inkler, oHeror, appbcant, oe tuin ontractor agrees that a esth of this cer.
tif.cateon is a violation ut the Equal Oppnriurniy dause in this coneract As med in this ces fification, the term "seg'egated f aciht.es" means any wait.og rooms, work areas, rest ennms arut wash suoms. restaurants anel other eatmg areas. time clocks, toctier iooms and othei storage or rfressmg areas. parhng lots, drmking founta.ns, recisation or ent ei t a m m.nl areas. transpor tation, and housing f acihtm provided for emptovees which are segregated by emphcit directive or ase m fact segregated on the basis of ace. color,rehgion or national origm. because of nabit, local custom or otherwise. He 'urther agrees that (except where he has oDiamed identical certifications from proposed subcontractors for specific time periods) he will obtam identical certifications from proposed subcontractors prior to the award of subcontracts exceeding S10.000 wnich are not enempt from the rovisions of the Eoval Opportunity c',use; that he will retam tuch certifications m his ties: and tnat he will forward the following notice to such proposed subcontractors (escept where the proposed subcontractors have submitted identical certifications for specific time per ods)
Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities.
A Certification of Nonsegregated Fac kries must be submitted prior to the award of a subcontract exceeding $10.000 which is not caemet from the provisions of the Equal Ocportunity clause. The certification may be submitted eitner for each subcontract or for att suecontracts durmg a period fe.e.. quarterly, semiannually, or annua!!y). NOTE. The penalty for making false offers is prescribed an IS u.S c. root.
Continued On Page 4
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1 40 (E Orrers.nust vor turen tutt. accurare ano sorruiere antarmerson.us reuwree air this Sohcot.itoon (metuarny artscnments) The penarty y
'Or maerne falso statements m offers os prescr.ted m 18 J S C 1001 siaaoaro toe sa page J.%.
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RS-RES-81-178 Page 4 of 51 PART I Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSINESS i
Concern is 6 is not 6 a woman-owned' business.
The businessls publicly owned, a joint stock aswiation, or a business trust 6 yes Lj no.
The business is 6 certified 6 not certified.
A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.
Controlled.is defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day-to-day manapment.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted b0sinesses may voluntarily represent that they are, or are not, woman-owned if this information is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
7.
NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
/_7_ (a)
In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the tems, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-l tional retirement plan, or statutory requirement, and l.
j G (b) That contractors and subcontractors, or persons acting on their I
behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is 4
based on a bona fide occupational qualification, retirement plan, or statutory requirement.
CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
8.
The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract..
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RS-RES-81-178 Page 5 of 51 9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
modification vf an existing.ontract does L_/ or does not /_gract or the The award to of a co
/ involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all rclevant factors bearing on his represen-tation to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts.
(b) disqualify the offeror, or (c) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 8 20-1.5411.
The refusal to provide the representation required by 820-1.5404(b) or upon request of tha Contracting Officer the facts required by s20-1.5404(c),
shall res: ult in disqualification of the offeror for award.
The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualificction of the offeror for awards; or if such nondtsclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-l.
vided by law or the resulting contract.
l The offeror may, because of actual or potentf al organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such j
exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the NRC considers the pro-posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality.
i l
and the offeror will be pemitted to correct the omission.
l Any contract resulting from a solicitation requirement shall include i-general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent i
conflict of interest.
Note: HRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in part IV as Attachment No.1.
RS-RES-81 -178 Page 6 of 51 10.
COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding
$100,000 except when: see Federal Procurement Regulation, Temporary Regula-tion 44 dated March 29,1978).
It has been determined by the Contracting Officer or his duly authorized representative that this requirement is not in support of the national defense pursuant to 4 CFR 331,20(b).
A.
COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below.
Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting St. Srds clause.
6 The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during his cost accounting period innediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during that cost accounting period.
The offeror furthei certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer immediately.
CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or more or if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more.
B.
COST ACCOUNTING STANDARDS CERTIFICATION - N0NDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from this solici-tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR 81-3.1204-2(a))
and Administration of Cost Accounting Standards (FPR sl-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a national defense contract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR ll-3.1203-2(a) and (c)(4)).
Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting Practices - Nondefense Contract (FPR ll-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR 51-3.1204-1(b)) if the award is (i) the first negotiated contract over $500,000 in the event the award is a contractor's business unit that is not performing under any CAS-covered national defense or nondefense contract or subcontract, or (ii) a negoti-ated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS-covered national defense or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR 81-3.1203-2(a) and (c)(4)).
This solicitation notice l
is not applicable to small business concerns.
.~
o RS-RES-81-178 Page 7 of 51 Certificate af CAS Applicability The offeror hereby certifies that:
A.
6 It is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives
- that are subject to cost accounting standards. -
B.
6 It is currently performing a negotiated national defense or nondefense contract or subcontract that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or subcontracts which 1t receives that are subject to cost accounting standards.
C.
6 It is not performing any CAS-covered national dafense or nondefense contract or subcontract.
The offeror further certifies that it will immediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.
D.
6 It is an educational institution receiving contract awards
~
subject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21).
E.
6 It is a State or local government receiving contract awards l
i subject to FPR Subpart 1-15.7 (FMC 74-4, OMB Circular A-87).
F.
6 It is a hospital.
NOTE: Certain finn fixed price negotiated nondefense contracts awarded on the basis of price competition may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR ll-3.120302(c)
(4)(i v),'
Additional Certification - CAS Applicable Offerors G.
6 The offeror, subject to cost accounting standards but not l
certifying under D, E, or F above, further certifies that practices used in estimating costs in pricing this proposal are consistent with the practices discussed in the Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351).
RS-RES-81-178 Page 8 of 51 Data Required - CAS Covered Offerors The offeror certifying under A or B above but not under D, E, or F above, is required to furnish the name, address. (including agency or department ' component); and telephone number of the cognizant Contracting Officer administering the offeror's CAS-covered contracts.
If A above is checked, the offeror will also identify those currently effective i
cost accounting standards, if any, which upon award of national defense contract or subcontract, will become e.the next negotiated ffective upon the o fferor.
Name of CO:
Address:
Telephone No.:
~
Standards not yet applicable:
i r
4 t
h a
'o
RS-RES-81-178 PART II SOUCITATION INSTRUCTIONS AND CONDm0NS
- 1. DEFINITIONS.
- 7. LATE sifts, M00lHCATIONS OF BIDS, OR WITHDRAWAL OF As used herein:
M8-(a) The term " solicitation" means invitation for Bids (IFB) where (a) Any bid receive d a* Ihc otN e desit iatrd in the solicitation af ter the procurement is advertised, and Request for Proposal (RFP) where the exaat time specified fnr rrce.pt will ret be considered unless it is the rocurement is negotiated.
received before award is made and rehe r
( ). The terro "oder" means bid where the procurement is adver.
(1) It was sent bv resistrmi ne tettified mail not later than the tised, sad proposal where the procurement is :segotiated.
6fth calendar das prior to the dair spreiheit for the receipt of bids (c) For purposes of this sohcitation and Block 2 of Standard Form (e g. a bid sub aitted m responer to a suboration requirms receipt of 33, the term " advertised" includes Small Buseness Restricted Adver.
bids by the 20th of the month must have been mailed by the 15th or tising and other types of restricted advertising.
earlier)I or (2) It was sent by mail (or sifegram af authonred) and it is
- 2. PREPARATION OF OFFERS.
determined by the Government that the latr receipt was due solely to (a) Offerors are expected to examine the drawings, speci6 cations, mishandling by the Government afte r receipt at the Government Schedule, and all instructions. Failure to do so will be at oferor's installation.
risk.
(b) Any modi ation or withdrawal of a but is subsect to the earne (b) Each oneror shall furnish the informadon required by the conditions as in (a), above. A bid may alvi he withdrawn in person solicitation. The oderor shall sign the solicitation and print or type by a bidder or his authonzed representative. provided his identity is his name on the Schedule and each Cont,inuation Sheet thereof on rnade known and he signs a receipt for the ' id, but only of the with, o
which he makes an entry. Erasures or other changes must be inidaled drawa! is mide prior to the czart time set for receipt of bids.
by the person s;gning the oder. 06ers signed by an agent are to be (c) The only acceptable evidence to citablish:
accompanied by evidence of his authority unless such evidence has (I) The date of mading of a late bid, modi 6 cation, or withdrawal been previously furnished to the inuing office, sent either registered or certi6cd mail is the U.S Postal Service (c) Unit pnce for each unit odered shall be shown and such pnce samark on h the envelope or wrapper and on the ori nel receipt shall include packing unless otherwise spec 6ed. A total shall be entered rom the U.S. Postal Service. If neither postrnark shows a gible date, in the Amount coluron of the Schedule for each item ofered. In case the bid, modi 6 cation, oc withdrawal shall be deemed to have been of discrepancy between a unit price and catended price, the unit price maaled late.,(The term " postmark" means a pnnted, stamped, or other.
will be presumed to be correct, subject, however, to correction to the wise P aced imprenson (enclusive of a postage meter rnachine empres.
l same entent and in the same raanner as any other rnistake.
sion) that is readaly identi6able without further action as having been suPP ied and afEmed on the date of mailing by employees of time U.S.
(d) ONors for supplies or services other than those specined will not l
be conssdered unless authoriand by the solicitation.
Postal Service. Derefore, oRerors should request the postal clerk to l
P ace a hand *==Ma=
bulfe eye " postmark" on bedt the receipt (e) Oferor must state a de6 nite time for delivery of supplies or for rforrnance of services unless otherwise speci6ed in the sohcitation.
and the envelope or wrapper,)
(
Time, if stated as a number of days, will include Saturdays, (2) The tarne of nceipt at the Government installation is the Sun ys and holidays.
time-date stamp of such installation on the bid wrapper or other (g) Code boxes are for Covernment use only, documentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late readi4
- 3. EXPLAMATION TO OFFENORS. Any explanation desired by an cation of an otherwise successful bid which raahes its terms meero odemt regarding the meaning or interpretation of the solicitation, favorable to the Government wi!I be considered at any time it is re.
drawings, spec 6 cations, etc., must be requested in seridng and with ceived and may be accepted.
suscient tinse allowed for a re ly to reach oderors before the sub-Note: The term " telegram" includes maalersme.
mission *of their o#en. Oral en anations or instructions given before the award of the contract will not be binding. Any information given S. LATE. PROPOSAL 3, MOOfFICATIONS OF PROPOMLS, AMD to a prospective aneror concerning a solicitation will be furnished to WITHWAWALS OF PROPOSALS.
all prospectave oderors as an attendment of the so:icitation, if such (a) Any proposal received at the omce designated in the solicita.
Information is necessary to oderers in submitting oders on the solicita.
tion after the enact time speci6 for receipt will not be considered tion or if the lack of such information would be prejudicial to un.
unless it is received before awa
's made, and.
infor r:ed oKemes.
(
It was sent e certi6ed snail not later than the
- 4. ACKMOWLEDOMENT OF AMENDMENT TO SOLICITATIONS.
offer su a
et to. so sci suon r g reeei c}
Receipt of an amendment to a solicitation., an oderor must be oders by the 2 onth must have been maaled by the 15th or acknowledged (a) signing and returning the amendment, (b) on e
three of Stan ed Form 33 or (c) by letter or telegram. Such nt by mail (or telegram if authorized) and it ;s ledgment must be received prior to the hour and date speciaod dete
'n e Government that the late receipt was due solely a
for receipt of cKers.
to sti ing by the rnement after receipt at the Government install
- or
- 5. submiss 4ON OF OFFEE
(
t is the mposal received.
(a) Ofers and modiAcations thereof shall be enclosed in sealed (b) Any rnodiAcati f a proposat encept a modi 6 cation resulting e;velopes and addressed to the oSce speciErd in the solicitation. The from the Contractin Nicer's o#aror shall show the hour and date speci6ed in the solicitation for ject to the same conditions ^
est for "best and Anal" o#er,is sub-Il and (a)(2) this pmviolon.
receipt, the solicitation cumber, and the name and address of the
, (c) A modiAcation re f
the Co tra ing (Reer a request od ror on the face of the envelope.
for "best and Anal" os ter the ti d to spectied in (b) Telegraphic osers will not be considered unless authorised by the request will not be e red unless award and the solicitsuon; however, oRers may be modined or withdrawn by the late receipt is due sol mishandli by he Gov rnment after l
written or telegraphic notice, provided such notice is received prior to receipt at the Government installa t
l the hout and date speciAed for receipt. (However, see paragraphs 7 (d) The only acceptable evidence she and 8.)
~
(1) The date of mailing I or modi 6 cation *sent (c) San.ples of items, when required. must be subenitted within the either by registered or certin the U.S. Postal Service post.
tirne spectned, and unless otherwise speci6ed by the Governement, at mark on both the envelope or and on the original receipt frorn no expense to the Government. If not destroyed by testing, samples the U.S. Postal Scrvice. I 1: nark shows a legible date, the will be returned at oderor's request and expense, unless otherwise proposal or modine n
be med to have been reasled late.
specined by the solicitation.
. The term " post k"
ne printed, sta:oped. or otherwise, placed
(
impressson (esclus e tage meter machine impression) that is
- 6. FAILURE TO SUBMIT OFFER. If no o#ct is t.. be submitted, da readily identi6abic th _t further action as havm been sup lied and not return the solicitation unless otherwise specined. A letter or pmt.
afnaed on the date ailing by ernployees of the
.5. Pcut Service.
l c:rd shall be sent to the issuing office advismq whether future, e ir.
Therefore, o#crors should request the tal clerk to ace a hand itttions,for the type of supphes or serv ces covered by this sohcstation cancellation bulfs-eye " postmark" on bo the receipt an the envelope are desired. Failure of the recipient to oder, or to notify the issums or wrapper.)
7 o# ice that future solicitations are desired, may result in remnval of (2) The time of receipt as the Government installation is the l
ths name of such recipient from the mailing list for the type of supplies time-date stamp of such installation on the proposal wrapper or other or services covered by the solicitauon.
documentary evidence of receipt maintained by the instalsation.
33 syAssoAno roses aw case. 3 7m l
Frwreed br CIA. FFR (4: CFR) 8.t6.103 l
RS-RES-81-178 Page 10 of 51 (c) Notwithstandirig (a). (b). and (c), of this previai.- a late 35-45), the Contract %nrk Ilours Standards Act (4n 115 C 327-330),
modihcation of an othe rwnr successful proposal whuh makes its terms and the 5*rvice Contrart Ac t nf 196', HI U.$ (; r.
'l'sh may be more favorabic to the Government will he ccoudered at any time it u obtained f rom the Department of I. abor. Washinatosi,1) C. 20.'l0, or rrceived and u..s br auepted inian any regional oRice of that agency Request for informatmn should (f) prop.n le m.,
he withdrawn by written or telegraphic notice melude the soli. iiation number, she nan e and addie...f the insum, recessed at any nne. preur tee award. Proposals may be withdrawn m asenry, and a dew npii n J the supphes ne scrures person by ai. oneror or his authonsed repres. ntstne, provided his identity es mad. kr.wn and he signs a receipt for the proposal prior
- 13. SELLER'S INVOICES. Invoices shall be prepared and submitted to award.
in quadruplicate (one copy shall be marked " original") unless other.
Note: The term " telegram" includes mailgrams.
.i speci6ed. Invoices sha!! contain the following information: Con Note : The af ternate late proposals, modi 6 cations of proposals and tract and order number (if any), item numbers, desenption of supplies withdrawals of proposals provision prescribed by 41 CFR l-3.802-2(b) or servicea, sires, d weight of shipment will be shown for shipments quantities, un t pnces, and extended totals. Bill of sht!! be used in lieu of provision 8,if speci6ed by the contract.
lading number an
- 9. DISOOUNTS.
made on Government bills of lading.
(a) Notwith..andme the fact that a blank is provided for a ten (10)
- 14. SMALL BUSINESS CONCERN. A small business concern for the day cliscount. pronipt pas ment discnunts oRered fe,r payment within purpose of Government procurement is a concern, including its afEli-less than twenty (20) calendar den will not be considered in evalu-stes, which is independently owned and operated is not dorninant in aticg urfers for awan!. unless ntherwise speci6*d in the scheiration.
the 6 eld of operation in which it is submitting ok.ers on Government However, o6ere d ihscounis of less than 2n da,s will be tchen if paw contracts, and can further qualify under the enteria concerning num-ment a ma.& within the disms.nt persod, egen though not considered ber of employees, aversze ' annual receipts, or other critena[ Federal as pre-in the rvaluatior. <J r41rrs scribed by the Small Bus ness Adrainistration. (See Code o (b) In conner tiu,i woh ans c, scount o6ered. time w;Il be computed Regulations Titic 13, Part 121, as amended, which contains detailed from date of delisery of the supohes to carner when delivery and industry de$nitions and related procedures.)
acceptance are. po.nt of origin, or from date of dehvery at desti-nation or port of embarkation when dehvery and acceptance are at
- 15. CONTINGENT FEE. If the oneror, by checking the appropnate either of those pcints, or from the date correct invoice or toucher is boa provided therefor, has represented that he has employed or retained recened in the ofEre speci6ed by the Government. if the latter date a cornpany or person {other than a full-time bona 6de employee work-u later than date of dehvert Payment is deemed to be made for the ing solely for the o6eror) to solicit or secure this contract, or that he purpose of carnmg the dacount on the date of maihng of the Govern-has paid or agreed to pay any fee, commission, percentage, or brokease ment check.
fee to any company or person contingent upon or resulting from the
- 10. AWARD OF CONTRACT.
award of this contract, he shall furnish,in duphcate, a complete Stand.
ard Form II9, Contractor's Statement of Contingent or Other Fees If al he ontraj< i" be -
ed to
-ro whose oReror has previously furnished a cornpleted Standard Form II9 to the 6;O t r$1 ni
. a to the ofhee issuing this scheitation, he may accompany his offer with a signed c'-
einment. pnce and other factors considtred.
statement (a) indicating when such completed form was previnvaly (b) The Governrnent teser es the right to reject any or all oRers furnished, (b) identifying by number the previous sohcitation oc con-end to waive informalitscs and minor irregulanties in oRers received trart, if any, in connation with which such form was submitted, and (c) The Govemment mas accept any item or group of items of any (c) representing that the statement in such forrn is applicable to this oder, unlass the o6eror quah6es his offer bv sp ci6e lirnitations UN-oRer.
LESS OTHERWISE PROVIDEls sN THE SCHEDULE, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN THOSE SPECIFIED; AND THE GOVERNMENT RESERVES
- 16. PARENT COMPANY. A parent company for the purpose of this THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A oMer is a company which either cwns or controls the activities and basic QUANTITY LESS THAN THE QUANTITY OFFERED AT THE business pohcies of the oReror. To own another compens means the LNIT PRICF.S OFFERED UNI.ESS THE OITEROR SPECIFIES parent company must own at least a majority (mort than 50 percent)
OTHERWISE IN HIS OFFER of the soting rights in that company. To rentrol another company, such ownership is not required, if another wrnpany is able in formulata, (d) A,wntten award (or Acceptance of Oftrr) mailed (or other-wise furnished) to the successful oReror within the time for acceptance detenmne, or veto basic business policy decisions of the oReror, such speu6cd in the offer shall,be dermed so n sult m a binding contract other company is considered the parent company of the uReror. This control may be esercised through the use of doeninant minority voting e fell ng aragrap h (h) apply only to negotiated nghts, use of proxy voting, contrauual arrangements. or otherwise.
e) e Government ma3 accept within the time speci6cd therein,
- 17. EMPLOYER'S IDENTIFICATION NUMBER. ( Applicable only to any oRer (or part thereof, as provided in (r) above) whether or no, advertised solicitations.) The oReror shallinsert in ene applicable space there are negotiations subsequent to its recript. unless the ofD s is with, on the oRer form, if he has no parent company, his own Employer's drawn by wntien notice recened by the Government prior to award.
Ident:6 cation Number (E.I. No.) (Federal Social Secunty Number If subsequent negotiations are conducted, tho shall not constitute a used on Employer's Quarterly Federal Taa Return, U.S. Treasur-rejection or counter oRer on the part of the Government.
Department Form 941), or,if he has a parent company, the Employer's (f) The right is rescrsed to accept other than the lowest oRer and Identincation Number of his parent compan>.
to reject any or all oRers.
(g) The Government may award a contract, based on initial oRers
- 18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION, received, without discussion of such oRers Accordmaly, each initial (a) "Diis certi6 cation on the oder form is not applicable to a foreign offer should be submitted on the most favorable terms from a price oRrror submitting an oder for a contract which requires performance and technical candpmnt which the offernt can submit to the Govern-or drhvcry outside the United States, its possessions, and Puerto Rico ment-(b) An oRet will not be considered fer award wherc (at(1), f a)(3),
(h) Any nnancial data submitted with ans eRer hereunder or any or (b) of the cert:6 cation has been deleted or modi 6ed. Where (a)(2) representaticn concerning facihties or Briancing will not form a part of the certi6 cation has been deleted or modined. the oRer will not be of any resulting contract; provided, however, that if the resu' ting ro'n-considered for award unless the oReror furnishes with the oRer a signed tract contains a clause prosiding for pnce reduction for defective cost statement which sets forth in detail the circumstances of the disclosure or pricing data, the consract pnce will be sub cet to reduction if cost and the head of the agency, or his designee, determines that such dis-i or pricing data furnished hereunder is ueron.pl. -
.nac curste, or siot closure was rot madttor the purpose of restricting competition current
- 11. GOVERNMENT FURNISHED PROPERTY. ' a anaterial, labor, or
- 19. ORDER OF PRECEDENCE. In the event of an inconsistency be-ftcihties will be furnished by the Governmem unless otherwise pro.
tween prosisicos of this sohcitation, the inconsistency shall be res&d vided for in the solicitation.
by Rivmg Precedence in the following order: (a) the Schedule,,
Solicitation Instructions and Conditions; (c) General Provisions; rd.
- 12. LABOR INFORMATION General infonnation regarding the re.
other provisions of the contract, whether incorporated by reference it quirements of the Walsh-Healey Pubhc Contracts Act (41 U.S.C.
otherwise; and (e) the speci6 cations STANDARD FORh8 3bA Deak (Rev. :-78) e u s oe.. ament enat.as on.e. in t e -ea s e4 r,e se s e
e
- 9
+
er.
i RS-RES-81-178 Page 11 of 51 pg g 4
S0LICITAT10N INSTRUCTIONS AND CONDITIONS (Continued)
Note the following substitutions of the paragraphs listed in the SF-33A.
8.
LATE PROPOSALS.
~DIFICATIONS OF PROPOSALS, AND WITHORAWALS OF PROPOSALS (FPR n 3.802-2(b))
(a) Any proposal received at the office designated in the solicitation after the exact "me specified for receipt will not be considered unless it is received b-
,. award is made, and:
(1)
It was sent by registered or certified mail not later t'ian i
the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers b earlier)y the 20th day of the month must have been mailed by the 15th or i
(2)
It was sent by mafi (or telegram if authorized)'and it is determined by the Government that the late receipt was due solely to cishand-ling by the Government after receipt at the Government installation; (3)
It is the only proposal received; or (4)
It offers significant cost or technical advantages to tihe Government, and it is received before a determination of the competitive range has been a3de.
(b) Any modification of a proposal is subject to the same conditions as in (a) of this provision.
(c) The only acceptable evidence to establish:
4 (1) The date of mailing of a late proposal or modification sent either by registered or certified mail is the U. S. Postal Service postmark on both the envelope or wrapper and on the original receipt from the U S.
Postal Service.
modification of proposal shall be deemed to have been mailed late.If ne (The term " postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifi-able without further action as having been supplied and affixed on the date of mailing by employees of the U. S. Postal Service.
Therefore, offerors should request the postal clerk to place a hand cancellation bull's-eye
" postmark" on both the receipt and the envelope or wrapper.)
(2) The time of receipt at the Government insta'alation is the time-date stamp of such installation on the proposal wrapper or other docu-mpntary evidence of receipt maintained by the installation.
'(d) Notwithstanding (a) and (b) of this provision, a late modification of an otherwise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(e) at any time prior to award. Proposals may be withdrawn by written or telegraphic notice re or his authorized representative, provided his identity is made known a signs a receipt for the proppsal prfor to pward.
The term " telegram" thcludes ma11 grams.,
NOTE:
RS-RES-81-178 Page 12 of 51
- Paragraph 10 (a) on page 2 of the SF-33A is hereby deleted.
Paragraph No.
19 on page 2 of the SF-33A is hereby deleted in its entirety.
1.
LEVEL OF EFFORT The NRC's estimate of the total of scientific, technical, and clerical effort for this project is approximately 3 man-yea rs.
This information is advisory and is not to be considered as the sole basis for the development of your staffing plans.
You must detail how you intend to accomplish each objective covered herein.
2.
TYPE OF CONTRACT It is contemplated that a Cost Plus Fixed Fee however, the Government reserves the right to negotiate and awardcontract will be awarded; whatever type contract is determined 03 be most appropriate.
In addi-tion to the special provisions of this request for proposal, any resultant contract shall 'nc~n-de the general provisions applicable to the selected offeror's organization and type contract awarded. Any additional clauses required by Public Law, Executive Order, or procurement regulations in effect at the time of execution of the proposed contract will be included.
3.
PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and submission of the final report, shall be completed within-nine (9) months.
4 ACCEPTANCE PERIOD Because of the time requ' ired by the Government to evaluate oroposals adequately, offerors are requested to specify a proposal acceptance period of not less than 90 days.
5.
ANTICIPATED AWARD DATE It is anticipated that an award under this solicitation shall be made by August 30, 1981.
6.
COST OF-PROPOSAL PREPARATION This solicitation does not commit the Government to pay. any cost for the preparation and submission of a proposal or for necessary studies or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein.
.e 0,
_-~,
-c
_,r_,,m_
y
-,...,,, - ~,
c 9 -
RS-RES-81-178 Page 13 of 51 7.
INDIVIDUAL (S) AUTHORIZED TO NEGOTIATE The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Summary and Data Sheet" (see Part IV Attachment No. 4) which is to be submitted with each proposal.
Offerors are cautioned that the person signing the proposal must have the authority to commit the offeror.
8.
PROPOSAL
SUMMARY
AND DATA SHEET (See Part IV, Attachment No. 4)
A completed " Proposal Summary and Data Sheet" shall be submitted with each copy of the proposal.
9.
RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date,'and the notation:
"D0 NOT OPEN IN MAIL ROOM " Also, include the RFP number in your cover letter and on each page of your proposal.
10.
AWARD NOTIFICATION All offerors will be notified of their selection or nonselection as soon as possible.
Formal notification of nonselection 'will not be made urtil a contract has been awarded.
It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government (i.e. the NRC) to expenditure of public funds in connection with this procure-ment.
This means that unless provided in a contract document or 1
specifically authori7cd by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate the NRC contractually.
Informal contractual commitments include such actions as:
a.
encouraging a potential contractor to incur costs prior to i
receiving a contract, i
b.
requesting or requiring a contractor to make changes under a I
contract without formal contract modifications, c.
encouraging a contractor to incur costs under a cost-reimbursable l
contract in excess of those costs contractually allowable, and l
9
RS-RES-81-178 Page 14 of 51 d.
committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.
11.
DISPOSITION OF PROPOSALS After award of contract, two (2) copies of each unsuccessful proposal will be retained by NRC's Division of Contracts and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed.
This notification should appear in any cover letter accompanying the proposal.
12.
NOTICE OF PROPRIETARY INFORMATION a.
Notice of Proprietary Information - Offerors are advised that those portions of the Proposal which are considered to be propri-etary shall be so identified.
In the event the offeror fails to indicate on the title page and each sheet of the proposal what ~
portions of the proposal are proprietary, the NPC assumes no liability for disclosure or use of unmarked technical data and may use or disclose such data for any purpose.
The clause set forth in paragraphs b. and c., below, should be utilized by the offeror in marking his proposal.
b.
Use and Disclosure of Data - Freedom of Information Act Requests "This data shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose.other than to evaluate the proposal; provided that if a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the contract.
This restriction does not limit the Government's right to use infont.ation contained in the data if it is obtainable from another source without restriction.
The data subject to this restriction is contained in sheets Our failure to mark the proposal with a legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that the contents of the Technical Proposal may be released, disseminated, or otherwise disclosed by the NPC pursuant to a Freedom of Information Act ' request."
c.
Moreover, each sheet for which the offeror desires to restrict disclosure shall be marked with the following legend:
"Use or disclosure of proposal data is subject to the restriction on.the title page of this proposal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom of Information Act."
RS-RES-81-175 Page 15 of 51 13.
PROPOSAL PRESENTATION AH,D FORMAT a.
Propos.ls will be, typewritten or reproduced on letter-size paper and v.ll be legible in all required copies. Unnecessarily.elab-orate. brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the offercr's lack of cost con-sciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary.
nor desirec.
Legibility, clarity, and completeness are important, b.
Proposals in response to this Request for Proposal shall be sub-mitted in the following three (3) separate and distinct parts:
(1)
One (1) original signed copy of this solicitation packagt.
All applicable sections must be completed by the offeror.
(2) One (1) original and five (5) copies of the " Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Management Require--
ments."
(3) One (1) original and five (5) copies of the " Technical Prqposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical Proposal-Content."
Each of the parts snall _be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offeror.
NOTE:
If your records are currently under audit cognizance of a Government audit agency, the address and telephone number of that office should be furnished on the " Proposal Sununary and Data Sheet."
One (1) copy of the solicitation package Technical Proposal, and Cost Proposal shall be submitted by the offeror to the cognizant audit agency concurrent with the submittal of the proposal to the NRC.
14.
BUSINESS.'4ANAGEMENT REQUIREMENTS a.
Cost Proposal The offeror should utilize the_ Optional Fonn 60. Contract Pricing Proposal (Research and Development), in submitting the Cost Proposal. Offerors may, however, submit the necessary information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost information.
In either instance, the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.
RS-RES-81-178 Page 16 of 51 Cost will be evaluated on reasonableness, validity, and reli-ability.
The " Cost Proposal" must include, but is not limited to, the-following:
Material
- A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost.
Labor
- The basis for the estirated hours broken down by category and task, and the source of labor rates.
Level of effort data shall be expressed in man-hours.
Indirect Cost - The source and basis of determination of all indirect costs.
i Travel
- The breakdown of all travel by -trips, segregating.
all transportation and per diem costs.
Copy of the official Government approval of the offeror's travel policy, if granted..or in lieu thereof, a copy of the offeror's travei policy.
NOTE:
In the absence of a Government approved contractor travel po! cy, the prevailing Federal Travel Regulation rt'as and the clause entitled,
" Travel Reimbursement" in Part III shall apply.
2 Other
- The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizant Government audit agency.
b.
Manacement The management aspects shall include, but not be limited to, the following and any data pertinent thereto:
(1) Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within -the performance period and without program slippage.
(2) Management organizational structure delineating areas of respon-sibility and authority under the proposed effort.
Describe the relationship of the project organization to corporate management and to subcontractors, if any.
Discuss the functions and author-ities of the project manager.
(3) Procedures to periodically review in-house organizational func-tions, program reviews and controls and subrequent coordination with the NRC.
O
RS-RES-81-178 Page 17 of 51 (4) Management controls expected to be utilized to preclude a cor.-
tract cost growth.
c.
Manoower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror.
If any of the personnel are under commitment, describe the terms of the commit-ment (s). Note specifically the personnel that will be on board subject to a contract award.
d.
Consultants Explain the need for consultant services. List proposed consultants if known by name.
For each list show (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Governnent, e.
Subcontractors If the offeror plans to subcontract any of the work to be performed, list proposed subcontractors if known by name.
Provide a detailed breakdown of specific work to be subcontracted and the approximate cost involved.
f.
Labor Surplus Area Program Requirements In keeping with the Federal Labor Surplus Area Program, the offeror is required to provide information on the general economic conditions of the area in which subcontractors are located, exact location of sub-contractors (state, city, county), and the unemployment rate for the area, if known.
g.
Additional Facilities or Property In the event the offeror contemplates acquiring additional facilities or property in the performance of this work, such facilities or prop-i erty shall be separately identified.
l h.
Other Contractual Commitments The offeror shall list any connitments with other organizations, Governmental or private, and indicate whether these commitments will or will not interfere with the completion of work and services contemplated under this proposal.
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Page 18 of 51 15.
TECHNICAL PROPOSAL CONTENT The Technical Proposal shall not contain any reference to cost.
Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the Tech-nical Proposal so that the offeror's understanding of the scope of work may be evaluated.
The offeror shall submit with the Technical Proposal full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement in accordance with the evaluation criteria set forth in this Part II under the paragraph entitled, " Evaluation of Proposals."
The Technical Proposal shall set forth as a minimum the following:
a.
Discussion of the scope of work requirements to substantiate the offeror's understanding of the problem and his proposed method of approach to neet the objective.
b.
Discussion of the offeror's experience in the analysis of regulatory systems (nuclear and otherwise).
Include the contract numbers and Government points of contact.
c.
Include resumes for all professional personnel to be utilized in the performance of any resulting contract.
Include educational background, specific pertinent work experience and a list of any pertinent publica-tions authored by the individual, d.
Discuss support personnel and facilities available to assist the profes-sional personnel, e.
Indicate potential problem areas and the approach to be taken to resolve said areas.
f.
Provide a detailed description of the schedule for work and identify significant milestones and completion dates for various subparts.
g.
Identify the " Key Personnel," and for the person (s) so identified, specify the percentage of time currently committed to other projects over the course of the proposed contract period of performance.
h.
Statements of any interpretations, requirements, or assumptions made by the offeror.
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RS-RES-81-178 Page 19 of 51 The' offeror shall submit with his technical proposal full and complete information in the order set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurenent in accordance with the evajuation criteria set forth under Paragraph 12.
Statements which paraphrase the scope of work without communicating the specific innovation proposed by the offeror or statements to the effect that the offeror understanding can or will comply with the scope of work may be construed as an indication of the offeror's lack of understanding of the scope of work and objectives.
I.
The Technical Approach aspects shall include but not be limited to the following and any pertinent additions thereto:
A. Soundness of Approach (1) Discussion of the technical approaches and a detailed outline of the proposed program for executing the requirements and achieving the objectives.
(2) Proposed approach to reviewing and evaluating previously conducted and ongoing destructive tests of degraded piping.
Discussion topics should include:
l
l' RS-RES-81-178 Page 20 of 51 a.
Define strategy for acquiring currently available data on conoucted test.
b.
, Proposed analytical evaluation techniques including elastic-plastic fracture mechanics analyses.
c.
Related experimental and analytical experience in testing of degraded piping or other similar structural components.
(3)
Proposed approach to identifying the location and availability of inservice degr6ded piping to perform the testing defined in the scope of work. Discussion topics should include:
a.
Proposed procedures for determining the existence and location of degraded piping and establishing its vailability.
b.
Knowledge of pipe cracking experience in nuclear and nonnuclear facilities.
c.
Experience in the study or actual handling and decontamination of radioactively contaminated materials.
(4) Proposed approach to developing a test matrix of inservice degraded piping. Discussion topics should include:
a.
The basis upon which the material property test matrix will be defined.
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RS-RES-81-178 Page 21 of 51 b.
The basis upon which the degraded pipe test matrix will
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be defined.
Experience in large experimental test matrix d' velopment e
c.
and material properties testing.
d.
Expertise in large structural specimen and material property test specimen design and fabrication.
(5) Ability to perform the conceptual design for a large scale degraded piping test facility. Discussion topics should include:
Experience and expertise in the design of large a.
scale test facilities.
b.
Expertise in elastic-plastic fracture mechanics analysis including tearing instability analysis.
Related experimental and analytical experience in c.
testing of degraded piping or other similar structural components.
d.
Experience in testing of radioactively contaminated specimens.
(6) Ability to prepare accurate and reliable cost estimates for large experimental testing programs.
Discussion topics should include:
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RS-RES-81-178 Page 22 of 51 a.
Discussion of related experience including the accuracy and success of any similar efforts previously conducted.
(7) Discussion of related work by proposer in tl.is genaral area and other activities and how the proposed work interfaces with these activities.
B.
Understanding of the Problem (1) Discussion of the requirements-of the Scope of Work to substantiate the offeror's understanding of the effort including additions and deletions that would, in the opinion of the proposer, enhance the proposed program.
4 C.
Anticipated ' Difficulties (1) Discussion of anticipated major difficulties and problem areas, together with potential or recommended approaches for their resolution.
(2) Statements of any interpretations, requirements, or assumptions made by the offeror.
(3) Discussion of the extent to which the proposed approach can be expected to meet the requirements set forth in the scope of work.
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y.
RS-RES-81-178 Page 23 of 51 II. The Qualifications, Exparience and Availability aspects shall include but not be limited to the following and any pertinent additions thereto:
A.
Resumes for all key professional personnel to be utilized in the performance of any resulting contract listing qualifications and experience of personnel specifically assigned to this particular effort and the percentages of time to be devoted to each task including subcontractor's, if any.
B.
A description of the offeror's directly relevant past work with specific attention given to its relation to the developnent work proposed on this project.
C.
Offeror's experience in development programs indirectly related to this effort and a discussion of, offeror's experience in related fields.
III. The Managenent aspects shall include but not be limited to the following and any data pertinent thereto:
A.
Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to ensure completion within the performance period and without program slippage.
RS-RES-81-178 -
Page 24 of 51 B.
Management organizational structure delineating areas of responsibility and authority under the proposed effort.
Describe the relationship of the project organization to corporate management and to subcontractor's, if any.
Discuss the functions and authorities of the project manager.
C.
Procedures to periodically review in-house organizational functions, program reviews and controls and subsequent coordination with the NRC.
D.
Management controls expected to be utilized to preclude a contract cost growth.
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RS-RES-81-178 Page 25 of 51 COST REIMBURSABLE CONTRACTS CONTRACT AWARD AND EVALUATION OF PROPOSALS a.
By use of numerical and narrative scoring techniques, proposals will be evaluated against the evaluation factors specified in the paragraph below.
These factors are listed in their relative order of importance. Award will be made to the offeror (1) whose proposal is technically acceptable and (2) whose technical / cost relationship is most advantageous to the Government; and who is considered to be responsible within the meaning of Federal Procurement Regulation 1-1.12.
Although technical merit in (list technical evaluation criteria) will be factors in the evaluation of proposals, cost will be"the more signific int factor in the selection of a contractor.
To be selected for an award, the proposed cost must be realistic and reasonable.
b.
The Government reserves the rignt without qualification, to accept or reject any or all proposals, to negotiate with any and all proposers regardless of the terms of the original proposal, and to request addi-tional clarifying information either through Written information or through conference with the proposers. All proposers are notified that award may be made without discussion of proposals and, therefore.
proposals should be submitted initially on the most favorable terms, from a cost and technical standpoint.
A separate cost analysis will be performed on each cost proposal.
To c.
provide a common base for evaluation of cost proposals, the level of
= '
effort data shall be expressed in man hours.
d.
In making the above determination, a best-buy analysis will be performed taking into consideration the results of the ' technical evaluation, cost analysis, and ability to complete the work within the Government's required schedule.
Proposals will be evaluated in accordance with the following weighted e.
factors, listed in the order of their relative importance:
Weights (Based on 100 Points)
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i RS-RES-81-178 Page 26 of 51 EVALUATIO.' OF PROPOSALS i
The following evaluation criteria, with assigned evaluation weightings and listed in ascending order of precedence, will be considered by the NRC in the evaluation of your proposal:
I.
TECHNICAL APPROACH (42 points)
(a) Soundness of the approach. (24 points)
Is the offeror's approach to meeting each specific area of work well described in the technical discussion? Is the approach technically sound?
(b) Understanding of tre problem. (12 points)
Does the proposal reflect an understanding of the objectives of the program?
(c) Anticipated major difficulties. (6 points)
Does the proposal recognize major difficulties and provide reasonable estiniates as to what can and what cannot be accomplished during the development?
II. QUALIFICATIONS, EXPERIENCE AND AVAILABILITY (30 points)
(a) Personnel qualifications. (12 points) i Are the persons assigned to this study highly qualified and with qualifications relevant to this work?
't
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RS-RES-81-178 Page 27 of 51 (b) Organizational experience. (12 points)
^
Does the organization have experience in this area of work, and is this experience embodied in the persons specifically assigned to this project: eiastic-plastic fracture mechanics, experimental design, handling of radioactively contaminated materials, nonde,structive
~
testing expertise, cost estimating, program planning?
(c) Related work. (6 points)
Does the organization have experience in other areas of work that might be related to this project?
III. MAtlAGEMENT (28 points)
(a) Program Pian. (12 points)
Is the phased progress and integration of tasks and deliverables reasonable, especially in regard to early availability of independent parts of the technique?
l (b) Organization. (10 points)
Are tne roles, responsibilities, and levels of effort of project personnel clearly defined and reasonable?
1
RS-RES-81-178 Page 28 of 51 (c) Management control- (6 points)
Does the organizational control. NRC liaison, cost control and cost reporting appear adequate for the proposed effort?
Total Weight of All Weighted Factors - 100 points' Also to be considere,d in the evaluation will be other such factors, without numerical weight, as may be deemed necessary in the best interest of the Commisrion in making a Contractor selection.
These include but are not limited to:
(1) proposed cost; (2) ability to meet required schedule; (3) the offeror's willingness to accept NRC contract provisions in principle; (4) the proposer's fiaancial status; (5) contractual and organizational relationships of the offeror, its employees, or expected sub'.ontractors on this contract, with industry association, NRC licensees, permitees, or applicants (e.g., architect engineers and reactor manufacturet t, etc.), which might give rise to an apparent or actual conflict of interest in the event of a contract award to an offeror; and (6) such other factors as may be deemed to be ~necessary in the best interest of the Commission in making a Contractor selection.
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RS-RES-81-178 Page 29 of 51 PART III CONTRACT SCHEDULE ART *CLE I - STATEMENT OF WORK A.
INTRODUCTION i
Cracking has been observed. in the piping systems o'f operating light water reactors since 1965.
From December 1965 to September 1974, cracks were found in the piping of six BWRs.
Between 1975 and the present, cracking has been observed in BWR safe ends, recirculation bypass lines, core spray lines, reactor water cleanup lines, and control rod drive returns. Cracking has,also been~ observed in PWR piping systems including steam generator feedwater nozzles, containment spray lines, safety injection lines, and borated water makeup lines.
The observed cracking has occurred in stainless steel, carbon steel and inconel.
Interest in this area has been heightened by the continuing incidents of cracking in BWRs and PWRs.1,2,3 B.
GENERAL BACKGD.0VND The HRC has initiated several programs to develop licensing criteria for operating plants and plants under licensing review to ensure that adequate levels of piping integrity are maintained during anticipated transient i
and postulated accident loading conditions.
The criteria development and evalut tion programs include Task Action Plans A-42, " Pipe Cracks in Boiling Water P.aactors;" A-2 Asymmetric Blowdcwn Loads on the Reactor Vessel;" and B-6, " Loads, load Combinations, and Stress Limits."4
' Full scale experimental test ng to determine the capacity of cracked i
pipes and nozzles to withstand normal and postulated accident loads and demonstrate the ability to accurately predict this capacity analytically
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RS-RES-81 -178 Page 30 of. 51 is an important part of NRC's overall effort to evaluate the integrity of cracked piping and define licensing criteria to ensure that adequate margins of safety for piping systems are maintained during operation.
Experiments on degraded piping have been perfomad by Battelle, General Electric and others using artificially manufactured flaws (saw cuts). To our knowledge, there is no experience regarding experimental evaluation of the ultimate load carrying capacity of piping with real service induced cra'cks.
CC CONTRACT OSJECTIVES The objectives of this RFP are:
1.
To plan a, comprehensive experimental program to demonstrate the capacit'y of cracked piping to withstand postulated accident and transient loadings _.
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2.
To evaluate the validity of tearing instability fracture mechanics analysis as an analytical technique for predicting the loading capacity and failure mche of piping that have or are postulated to have significant cracking.
(In the context of this program, piping includes such piping s
components as safe ends and reducers.)
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This effort will include an in-depth review and evaluation of 29 related prior and ongoing 3xperimental work; identificatico of field degraded piping available for desting; development of a representative test matrix, comprised of field and artificially
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RS-RES-81-178 Page 31 of 51 degraded specimens; conceptual design and feasibility studies of test configurations and procedures; and preparation of cost estimates for conducting the planned experimental program.
D.
SCOPE OF TECHNICAL WORK The contractor shall furnish all personnel, materials, equipment, facilities, and services necessary to perform, and shall therewith perform the technical tasks listed below. Table I presents a list of pertinent background documents some of which may be acquired in person or by written request to the NRC Public Document Room, Wasnington, D.C.
20555, phone (202) 637-1380.
NOTE: Requests to the Public Document Room for any of the documents listed in Table I must clearly identify the specific documents and the RFP No. RS-RES-81 118.
E.
DELINEATION OF CONTRACTOR TASKS l
Task I - The Contractor shall prepare an in-depth review and evaluation of previously conducted and ongoing destructive tests of degraded piping. The review should concentrate on the experimental design, piping materials, and test results, and make use of f
previous studies such as Chang.5 An evaluation of these eleiaents relative ta the recently developed concepts of tearing instability should be performed. Because it is a i
relatively new technique, tearing instability analysis was not performed for most previously conducted degraded piping tests.
J-resistar.ce curves can be developed using the test data from these experiments or if J-resistance curves exist l
RS-RES-81-178 Page 32 of 51 for materials similar to those that were tested, tearing instability analyses should be performed to determine if the results of these experiments would have been predictable using this analytical technique. Where applicable J-resistance curves cannot be developed or do not exist, scoping calculation ~s' should be performed to determine if test results are consistent with other test results and the tearing instability concept.
In addition, the existence of archival materials from previous tests should be determined for possible J-resistance curve' development and post-tes' analyses.
Task II_ - The Contractor shall identify the location and availability for NRC-sponsored testing of inservice degraded piping from the nuclear industry and otner nonnuclear cources such as fossil and petrochemical plants. Determination of availability should include willingness of the source to supply the degraded piping to the NRC. Detailed descriptions of the available piping sections shall be prepared. These descriptions should include characterization of defect types and geometries and definition of specimen dimensions and geometries. The availability of materials for material properties characterization shall also be established. The technical and economic aspects of transporting and storing degraded piping and preparing test specimens shall be evaluated. This evaluation should include consideration of handling and possible decontamination of radioactively contaminated piping materials.
Based on consideration
RS-RES-81-178 Page 33 of 51 of the parameters discussed above, the degraded piping most desirable for inclusion in the testing program should be identified.
Task III-The Contractor shall develop a matrix of degraded pipe specimens of varying materials, dimensions, geometries, and flaw configurations, representative of actual field experience.
An accompanying matrix of tests and test specimens necessary to determine the material properties should be developed.
The material properties test matrix should include definition of tensile and fracture toughness properties necessary to support the final experimental design and analytical evaluations.
To the extent possible, the degraded pipe matrix should be comprised of actual inservice
- degraded specitans. Where field degraded piping is not available to satisfy a particular specinan d6scription, the necessity for artificially degraded piping should be identified to r
complete the test matrix.
Task IV - The Contractor shall develop conceptual designs for testing the degraded pipe matrix, defined in Task III, subject to the
~
following load combinations:
a.
bending loads, b.
bending and axial loads, excess bending loads with nominal internal pressure, c.
d.
excess pressure loads with nominal bending loads, simulated earthquake vibratory loads with nominal pressure, and e.
f.
longitudinal impact loads simulating a water hammer event.
RS-RES-81-178 Page 34 of 51 The experimental designs should facilitate a spectrum of loads 1
and system compliances necessary to demonstrate both crack stability and ihstability and validate tearing instability analysis.
Existing tearing instability analysis techniques should be employed in the experimental design.6,7,8,9 k'here existing tearing instability analysis techniques are not adequate, the conceptual designs should be based on scoping analyses and consideration of postulated loading cagnitudes cnd real system compliances. To the extent possible, the experimental designs should utilize comonly available testing equipm2nt.
A goal of the cunceptual design is to identify the simphst, most economical and most cost effective test design possible.
Task V - The Contractor shall provide cost estimates for implementing the experimental pmgram. The estimates should include consideration of the costs of acquiring field degraded piping, preparing field and artificially defected test specimans, developing necessary analytical techniques for final test design, final test facility design and construction, and testing.
The estimates should be made for various size test matrices and combination of loading conditions specified in Tasks III and IV.
2.
Emphasis - The Contractor shall comply with any Contracting Officer requests relating to the emphasis or relative emphasis to be placed on various aspects of the work, or to such other matters pertaining to said work as the requests indicate are of concern to NRC.
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RS-RES-81-178 Page 35 of 51 3.
Reports - The Contractor shall prepare and submit to the Director, Office o f Nuclear Regulatory Research and/or distribute as directed by the ';ontracting Officer, reports concerning said work, in such' quantity and form (including detail), and at such times if not otherwise specified in this contract, as may be specified by the Contracting Officer.
F.
REPORTS, DOCUMENTATION, AND OTHER DELIVERABLE END ITEMS The technical reports listed below (where applicable) are to be documented, produced, and disseminated in accordance with NRC Manual Chapter 3202 which is part of this contract.
1.
fr. formal c:nthly letters reporting technical progress, 2.
monthly cost reports (in three copies only) - these cost.
reports shall contain the costs for the month reported, the work's cumulative costs, and a projection of the upcoming month's costs, 3.
the final report covering the entire program, including drawings, specifications and test procedures for the conceptual test facility design speficied in Task IV.
l Except as noted for item b., all reports shall be submitted as a reproducible master and six (6) copies.
l 1
Additionally, the Contractor shall be prepared to participate in
(
two (2) NRC staff briefings.
RS-RES-81-178 Page 36 of 51 4.
_ Incidental Work - In addition to performing the work described in paragraph 1. and paragraph 3. above, the Contractor shall perform the incidential contract activities provided for under other articles of this contract and, in connection with the close-out of this contract upon termination, expiration, and/or completion of the work described in paragraph 1. above, the Contractor shall complete the work described in paragraph 3. above, plus said activities covered by other articles and, subject to the approval of the Contracting Officer, shall perform such other close-out work as may be appropriate.
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RS-RES-81-178 Page 37 of 51 TABLE 1 1.
U.S. Nuclear Regulatory Commission, " Investigation and Evaluation of Cracking in Austenitic Stainless Steel Piping of Boiling Water Reactor Plants," NUREG-75/067, October 1975.*
2.
U.S. Nuclear Regulatory Commission, " Investigation and Evaluation of Stress Corrosion Cracking in Piping of Light Water Reactor Plants " NUREG-0531. February 1979.*
3.
U.S. Nuclear Regulatory Commission, " Investigation and Evaluation of Cracking Incidents in Piping in Pressurized Water Reactors,"
NUREG-0691. September 1980.*
4.
U.S. Nuclear Regulatory Commission, "NRC Program for the Resolution of Generic Issues Related to Nuclear Power Plants," NUREG-0410, January 1,1978.*
5.
C. I. Chang, M. Nakagaki, C. A. Griffis and R. A..Masumura,
" Piping Inelastic Fracture Mechanics Analysis," NUREG/CR-1119, NRL Memorandum Report 4259, June 30, 1980.*
6.
P. C. Paris, et al., "A Treatment of the Subject of Tearing Instability," NUREG-0311 August 1977.*
7.
H. Tada, P. Paris, R. Gamble " Stability Analysis of Circumferential
, Cracks in Reactor Piping Systems," NUREG/CR-0838, June 1979.*
8.
A. Zahoor, M. F. Kanninen, "A Plastic Fracture Mechanics Prediction of Fracture Instability in a Circumferential1y Cracked Pipe in Bending - Part I. J-Integral Analysis," ASME 80-WA/PVP-3, 1980 9.
G. M. Wilkowski, A. Zahoor, M. F. Kanninen "A Plastic Fracture Mechanics Prediction of Fracture Instability in a Circumferential1y Cracked Pipe in Bending - Part II. Experimental ~ Verficiation on a Type 304 Stainless Steel Pipe," ASME 80-WA/PVP-4,1980.
- Availab1e from the National Technical Information Service, Springfield, Virginia 22161 or the USNRC Public Document Room, 1717 H Street N.W.,
Washington, D.C.
20555.
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RS-RES-81-178 Page 38 of 51 ARTICLE II - PERIOD OF PERF_0RMANCE The performance of work described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, esti-mated to occur within months after said contract is effective.
ARTICLE III - CONSIDERATION AND PAYMENT (Fully Funded CPFF)
A.
Estimated Cost, Fixed Fee and Oblication 1.
It'is estimated that the total cost to the Government for full perform-ance of this contract will be S
, of which the sum of S
,reprosents the estimated reimbursable costs, and of
- which $
represents the fixed fee.
2.
There shall be no adjustm(nt in the amount of the contractor's fixed fee by reason of differencas between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.
3.
The amount presently ob1'. gated by the Government with respect to this contract is S B.
Payment The Government shall render paymen't to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers.
Additional provisions relating to payment are contained in Clause 5.1-1 of the General Provisions hereto.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A.
Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reim-bursed for allowable indirect costs hereunder at the provisional rate of percent of B.
Pending the establishment of final general and administrative rates-which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of percent of C.
Notwithstanding A. and B. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.
- To be incorporated into any resultant contract.
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RS-RES-81-178 Page 39 of 51 ARTICLE V
- KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer.
In such event, the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
ARTICLE VI
- TECHNICAL DIRECTI0ri A.
Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of work.
2.
Providing assistance to the contractor in the preparation of drawings, specifications or technical portions of the work description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the Contract.
The Project Officer does not have the authority to and may not l
issue any technical direction which:
l 1.
Constitutes an assignment of additional work outside the general scope of the contract.
2.
Constitutes a change as defined in the clause of the General Provisions.
l entitled " Changes."
l 3.
In any way causes an increase or decrease in the total estimated l
contract cost, the fixed fee, if any, or the time required for contract performance.
4.
Changes any of the expressed terms, conditions or specifications of i
the contract.
oTo be incorporated into any resultant contract.
RS-RES-81-178 Page 40 of 51 C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.
The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the contracter, the Contracting Officer sha'l issue an appropriatr contract modification or advise the contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope i
of this article and does not constitute a change under the Changes Clause.
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's performance, and may even result in the contractor expending funds for unallowable costs under i
the contract.
E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
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4 RS-RES-81 -178 Page_41 of 51 i
ARTICLE VII - PROJECT OFFICER is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request' any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under _the contract; or issue any unilateral
-directive whatever.
i I
The Project Officer is responsible for:
(1) monitoring the contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of
+
work; (3) performing technical evaluation,as required; (4) performing technical f
inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review i
all costr. reouested for reimbursement by contractors and submit recommendations-for approval, disapproval, or suspension for supplies, services required under.
l the contract.
The Contracting Officer is responsible for directing or negotiating i
any changes in terms, conditions, or amounts cited in the contract.
For guid4nce from the Project Officer to the contractor to be valid, it must:
(1) be consistent with the description of work set _forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for j
an extension to the period of performance or contract delivery schedule; and, as -
stated above, (4) not constitute a basis for any increase in the contract cost.
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- To be incorporated into any resultant contract.
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RS-RES-81-178 Page 42 of 51 ARTICLE VIII-TRAVEL REli18URSEt1ENT f
The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
ll 1.
Per diem shall be reimbursed at a daily rate not to exceed $
The per diem amount is comprised of lodging expense plus $
2/.
for meals and miscellaneous expense.
2.
The cost of jyavel by privately owned automobile shall be reimbursed at the rate of c-per mile.
3.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis..
4.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class accommodations were not available.
First-class air travel is not authorized.
5.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00 If foreign travel is required in the performance of this contract. General Provision Clause 3.5, " Preference for U.S. Flag Air Carriers," applies.
All foreign travel must be approved in advance by the Commission on NRC Form 445.
Additional guidance is furnished by FPR l-1.323-3.
f/ ~ Current rate is $50.00
_2/ Current rate is $23.00 3/ Current rate is 22.5c
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RS-RES ^1-178 Page 43 o f 51 ARilLLL IX
- QLl4LRAL,1l ROV ll.luir,/AllL RAl itnc, This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts With Commercial Organizations," dated 11/80.
Provisions Added.:
3.12 Labor Surplus Area Subcontracting Program (1-1.805-3(b))
(a) The Contractor agrees to establish and conduct a program which will encourage labor surplus area concerns to compete for subcontracts within their capabilities. In this connection, the Contractor shall--
-(l) Designate a liaison officer who will (i) maintain liaison with duly authorized representatives of the Government on labor surplus area matters, (11) supervise compliance with the Utilization of Concerns in Labor Surplus Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub-contracting Program;"
(2) Provide adequate and timely consideration of the potentialities of labor surplus area concerns in all "make-or-buy" decisions; (3) Assure that lat'or surplus area concerns will have an equitable opportunity to compete for sCcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of labor surplus area concerns; (4) Maintain records showing the procedures which have been adopted to ccmply with the policies set forth in this clause and report subcontract awards (see 41 CFR l-16.804-5 regarding use of Optional Forn 61). Records maintained pursuant to this clause will be kept available for review by the
~
Government until the expiration of 1 year af ter the award of this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulations; and (5) Include the Utilization of Concerns in Labor Surplus Areas clause in subcontracts which offer substantial labor surplus area subcontractinq opportunities.
j (b) (1) The term " labor surplus area" means a geographical area identified by the L<.partment of Labor as an area of concentrated unemployment or under-employment or an area of labor surplus.
i (2) The tem " concern located in a labor surplus area" means a labor surplus area concern.
(3) The term " labor surplus area concern" means a concern that, together with its first-tier subcontractors, will perform substanti lly in labor surplus areas.
(4) The tem " perform substantially in labor surplus areas" means that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
(c) The Contractor further agrees tn insert, in any subcontract hereunder which may exceed $500.000 and which cnntains the Utill:ation of Concerns in Labor Surplus Areas clause, provisions which ; hall conform substantially to the language of this clause, including this paragraph (c), and to notify the Contracting Of ficer of the names of such subcontractors.
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RS-RES-81-178 Page 44 cf 51 3.13 Utilization of Women-0wned Business Concerns (0ver $10,000)
(a) It is the policy of the United States Government that Women-owned businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in the contract, a " women-owned business" concern means a business that is at least 51% owned by a woman or women who also control and operate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively involved in the day-to-day management.
" Women" mean all women business owners.
3.14 Women-0wned Business Concerns Subcontracting Program (0ver $500;000 or
$ 1,000,000 for Construction of Any Public Facility)
(a) The Contractor agrees to establish and conduct a program which will enable women-owned business concerns to be considered fairly as subcontractors and suppliers under this contract.
In this connection, the contractor shall:
(1)
Jesignate a liaison officer who will administer the Contractor's-
" Women-0wned Business Concerns Program."
(2) Provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-tiuy" decisions.
(3) Develop a list of qualified bidders that are women-owned businesses and assure that known women-owned business. concerns have an equitable opportunity to compete for subcontracts, particularly by making information on forthcoming opportunities available, by arranging solicitations, time for the preparation of bids, quantities, speci-fications, and delivery schedules so as to facilitate the participation of vomen-owned business concerns.
(4) Maintain records showing (i) procedures which have been adopted to compy with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii) awards to women-owned businesses on the source list by minority and non-minority women-owned business concerns; and (iii) specific efforts tu identify and award contracts to women-owned business concerns.
(5) Include the " Utilization of Women-0wned Business Concerns" clause in subcontracts which offer substantial subcontracting opportunities.
(6) Cooperate in any studies and surveys of the Contractor's women-owned business concerns procedures and practices that the Contracting Officer may from time-to-time conduct.
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c RS-RES-81-178 Page 45 of 51 (7) Submit periodic reports of subcontracting to women-owned business concerns with respect to the records referred to in subparagraph (4) above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
(b) The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000 or $1,000,000 in the case of contracts for the construction of any public facility and which offers substantial subcontracting possibilities, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of-such subcontractors.
(c) The contractor further agrees to require written certification by its subcontractors that they are bona fide women-owned and controlled business concerns in accordance with the definition of a women-owned business concern as set forth in the Utilization Clause 1(b) above at the time of submission of bids or proposals.
5.8 Price Reduction for Defective Cost or Pricing Data (1-3.814-1(a))
If any price, including profit or fee, negotiated in connection with this contract or any cost reimbursable under this contract was increased by any sioni-i ficant sums because:
(a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost ~or pricino data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (c) A subcontractor or prospective subcontractor furnished cost or oricing data which was required to be accurate, complete and current and to be submitted to supoort a subcontract cost estimate furnished by the Contractor but which was not' accurate, complete and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted:
the price or cost shall be reduced accordingly and the contract shall be modified in writi1g as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prosoective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (olus apolicable overhead and profit markuo) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor:
i Provided The actual subcontract price was not affected by defective cost or pricing data.
(Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected,that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor.
It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his low tier subcontractors.)
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RS-RES-81-178 Page 46 of 51 5.9 Price Reduction for Defective Cost or Pricing Data - Price Adjustments (1-3.814-1(b))
(a) This clause shall become ooerative only with respect to any modification of this contract which involves aggregate increases and/or decreases in costs plus applicable profits in excess of $100,000 unless the modification is priced on the basis of adequate price canpetition, established cataloc or market prices of commercial items sold in substantial quantities to the general public, or orices set by law or regulation. The right to price reduction under this clause is limited to defects in data relating to such modification.
(b) If any price, including profit, or fee, neootiated in connection with any price adjustment under this contract was increased by any significant sums because:
(1) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entiti ed
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricino Cata--Piice Adjustments" or any subcontract clause therein required, furnished cost or prici to data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (3) A subcontractor or prospective subcontractor furnished cost or pricing data which was reouired to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contr1ctor but which was not accurate, complete and current as of the date certified in the Con-tractor's Certificate of Current Cost or Pricing Data; or (4)
"he Contractor or a subcontractor or prospective subcontractor furnished any data, not within (1), (2) or (3) above, which was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prospective subcon-tractor, when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor. Provided the actual subcontract price was not.affected by defective cost or pricing data.
(Note: Since the contract is subject to reduction under this clause by reason of defective cost or oricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnifi-cation will generally require substantially similar indemnification for defective cost or pricing data required to be subnitted by his lower tier subcontractors.)
(c) Failure to agree on a reduction shal.1 be a disc e concernine a question of fact within the meaning of the " Disputes" clause of t' s contract.
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RS-RES-81 -178 Page 47 of 51 5.10 Subcontractor Cost and Pricing Data (1-3.814-3(a))
(a) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances:.
I (1) Prior to the award of any subcontract the amount of which is expected to exceed $100,000 when entered into; i
(2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable orefits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of consnercial items sold in substantial quantities to the general public, or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcont=act change or modification.
(c) The Contractor shall insert the substance of this clause includino this paragraph (c) in each subcontract hereunder which exceeds $100,000 when entered into except where the price thereof is based on adequate' price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. In each such expected subcontract hereunder in excess of $100,000, the Contractor shall insert the substance of the following clause:
SUBCONTRACTOR COST OR PRICING DATA-PRICE ADJUSTMENTS (a) Paragraphs (b) and (c) of this clause shall become operative only with respect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus apolicable profits expected to exceed $100,000. The requirements of this clause shall be limited to such contract modifications.
(b) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances:
l l
(1) Prior to award of any subcontract, the amount of which is expected l
to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases ar)d/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of coninercial items sold in substantial quantities to the general public, or prices set by law or regulation.
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Page 48 of 51 5.10 Subcontract Cost and Pricing Data (1-3.814-3(a)) Cont'd (c) The Contractor shall require subcontractors to certify -in substantially the same fann as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
(d) The Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into.
5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a))
(a) Valess the Administrator of General Services has prescribed rules or regulatfor.s exempting the Contractor or this contract from standards, rules, and regulations promulgated by the Cost Accounting Standards Board, the Contractor, in connection with this contract, shall:
(1) Follow censistently the cost accounting practices established or disclosed as required by regulations of the Cost Accounting Standards Board and administered under the Administration of Cost Accounting Standards clause.
If any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requirements, the change must be applied in a consistent manner to this contract.
(2) Comply with all cost accounting standards which the Contractor is required to comply-with by reason of concurrent performance of any contract or subcontract subject to the Cost Accounting Standards clause (4 CFR 331) and administered under the Administration _ of Cost Accounting Standards clause. The Contractor also shall comply with any cost accounting standard which hereafter becomes applicable to such a contract or cubcontract. Sah compliance shall t,e required prospectively from the date of auplicability to such contract or subcontract. Compliance shall continue until the Contractor completes per-formance of work under this contract.
(3) Agree to an equitable adjustment (as provided in the Changes clause of this contract, if any) if the contract cost is affected by a change whicn, pursuant to (2) above, the Contractor is required to make to his estab-lished cost accounting practices whether such practices are covered by a Dis-closure Statement or not.
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(4) Negotiate with the Contracting Officer to determine the terms and conditions under which a change to either a disclosed cost accounting practice or an established cost accounting practice, other than a change under (a)(3) above or (a)(6) below, may be made. A change to a practice may be proposed by either the Government or the Contractor, Provided, however, That no agreement t
may be made under this provision that will increase costs paid by the United States.
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RS-RES-81-178 Page 49 of 51 5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a)) Cont'd.
(5) Agree tn an adjustment of the contract price or cost allowance, as appropriate, if it or a subcontractor fails to comply with the applicable Cost Accounting Standards or to follow any practica disclosed or established pursuant to subparagraph (a)(1) or (a)(2) above and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States together with interest thereon computed at the rate determined by the Secretary of the Treasury pur-suant to Pub. L. 92-41 (50 U.S.C. App. 1215(b)(2)), or 7 percent per annum, whichever is less, from time the payment by the United States was made to the time the adjustment is effected.
(6) Negotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) when the parties agree to a change to either a disclosed cost accounting practice or an established cost accounting practice.
(b) The Contractor shall permit any authorized representatives of the head of the agency, of the Cast Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any doctaments, papers, or records relating to compliance with the requirements of this clause entil the expiration of 3 years after final payment under this contract or such lesser. time specified in the Federal Procurement Regulations (FPR) part 1-20.
(c) Unless a subcontract or Subcontractor is exempt under rules or regu-1ations prescribed by the adminis.trator of General Services, the Contractor:
(1) shall include the substance of this claure including this paragraph (c) in all negotiated subcontracts under this contract with subcontractors that are currently performing a national defense contract or subcontract that contains the clause entitled to Cost Accounting Standards and that are currently required to accept the clause in applicable national defense awards, and (2) shall include the substance of the Consistency of Cost Accounting Practices--Non-defense Contract clause set forth in 51-3.1204-2(b) of the FPR in negotiated subcontracts under this contract with all other subcontractors. The Contractor 4
may elect to use the substance of the solicitation notice set forth in I l-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts.
t (d) The terms defined in 1 331.20 of Part 331 of Title 4 Code of Federal Regulations, shall have the same meaning herein. As there defined, " negotiated subcontract" means "any subcontract except a firm fixed-price subcontract made by a contractor or subcontractor after receiving offers from at least two fims not associated with each other or such contractor or subcontractor, providing (1) the solicitation to all competing firms is identical, (2) price is the only consideration in selecting the subcontractor from among the competing fims solicitied, and (3) the lowest offer received in complianc3 with the solicitation from among those solicited is accepted."
(e) The administration of this clause by the Government shall be accom-plished in conjunction with the administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board, pursuant to the Administration of Cost Accounting Standards clause. For the purposes of the Administration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting Standards clause shall be deemed to include this Cost Accounting Standards--
Nondefense Contract clause anc' reference to the Disclosure and Consistency of Cost Accounting Practices clause shall be deemed to include the Consistency of Cost Accounting Practices--Nendefense Contract clause.
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.RS-RES-81-178 Page 50 of 51 5.12 Administration of Cost Accounting Standards (1-3.1204-1(b))
For the purpose of administrating Cost Accounting Standards requirements under this contract, the Contractor shall:
(a) Submit to the cognizant Contracting Officer a description of the accounting change and the general dollar magnitude of the change to reflect the sum of all increases and the sta of all decreases for all contracts containing.
the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause:
(1) For any change in cost accounting practices required to comply with a new cost accounting standard in accordance with paragraph (a)(3) and (a)(4)(A) of the Cost Accounting Standards clause within 60 days (or such other date as may be mutually agreed to) after award of a contract requiring such change; (2) For any chan ance with paragraphs (a)(4)ge to cost accounting practices proposed in accord-(B), (a)(4)(C) of the Cost Accounting Standards clause or with paragraph (a)(3) or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause not less than 60 days (or such other date as may be mutually agreed to) prior to the effective date of the Proposed change; or (3) For any failure to comply with an applicable Cost Accounting Standard or to follow a disclosed practice as contemplated by paragraph (a)(5) i of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreement of such noncompliance by the Contractor.
(b) Submit a cost impact proposal in the form and manner specified by the cognizant Contracting Officer within sixty (60) days (or such other date as may Se mutually agreed to) after the date of determination of the adequacy and
(
compliance of a change submitted pursuant to (a) (1), (2), or (3), above.
(c) Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or (a)(5) of l
the Disclosure and Consistency of Cost Acc::unting Practices clause.
(d) When the subcontract is subject to either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practice clause so state in the body of the subcontract and/or in the letter of award. Self-deleting clauses shall not be used.
(e) Include the substance of this clause in all negotiated subcontracts containing either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause.
In addition, include a pro-vision in these subcontracts which will require such subcontractors, within 30 days after receipt of award (or such other date as may be mutually agreed to) to submit the following information to the Contract Administration Office Cognizant of the subcontractor's facility.
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RS-RES-81-178 Page 51 of 51 5.12 Administration of Cost Accounting Standards (1-3.1204-1(b)) Cont'd.
(1) Subcontractor's name and subcontract number.
(2) Dollar amount and date of award.
(3) Name of Contractor making the award.
(4) A statement as to whether the subcontractor has made or proposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Disclosure and Consistency of Cost Accounting Practices clause unless such changes have already been reported. If award of the subcontract results in making a cost accounting standard (s) effective for the first time, this shall also be reported.
(f) For negotiated subcontracts containing the Cost Accounting Standards clause, require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data or date of award, whichever is earlier.
(g) In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing of such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract, as appropriate, based upon the adjustment established under the subcontract.
Such notice shall be given within 30 days after receipt of the proposed sub-contract adjustment, and shall include a proposal for adjustment to such higher tier subcontract or prime contract as appropriate.
(h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cast Accounting Practices clause and this clause are included in subcontracts, the term " Contracting Officer" shall be suitably altered to identify the purchaser.
5.13 Cost Acenunting Standard Withdrawal t
Cost Accounting Standard 414--Cost of money as an elenent of the cost of facilities capital--shall not be reimbursed as an allowable cost under this contract.
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,0-PART IV LIST OF ATTACHMENTS.
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
Attachment 1
NRC Organization Chart Attachment 2
Optional Fonn 60 Attachment 3
Proposal Summary and Data Sheet Attachment 4
General Provisions Attachment 5
NRC Manual Chapter 3202 Attachment 6
1 i
1 PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.
20-1.5404 Representation.
20-1.5405 Contract clau'ses.
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) f 20-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made
[
l automatically or routinely; the application of sound judgment on virtually l
a case-by-case basis is necessary if the policy is to be applied so as j
to satisfy the overall public interest.
It is not possible to prescribe l
in advance a specific method or set of criteria which would serve to l
identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,
(
or where it may have an unfair competitive advantage?
(c)
The conflict of interest rule contained in this subpart applies to contractors and offerors only.
Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services througn the personnel appointment crocess, NRC - _
m 7590-01 agreements with other government agencies,. international organizations,
. or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
520-1.5402 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 advaricage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) " Evaluation activities" means any effort involving the appraisal of a technology, prot..., product, or policy.
(d)
" Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administration of. its programs, projects, or policies which norwelly require the contractor to be given access to information which has not been made available to the public or proprietary information.
Luch services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-spongor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in th0 contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR f l-1.606-1(e)).
.(h).
" Subcontractor" 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.
(i)
" Prospective contractor" 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 proposal, solicited or unsolicited, to the NRC to obtain a contract.
2 O
7590-01 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The tem " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract perfomance.
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the perfomance of the contract?
The ultimate detemination by NRC as to waether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perfomed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements i
which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b) Situations or relationships which may give rise to organizatioral conflicts of interest.
(1) The offeror or contractor shall disclose infomation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and recomendations to the NRC in a technical area in which it is also prwiding consulting assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regula.ted by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a cenflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. *
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4-7590-01 (2) The contracting officer may request specific infomation from an offeror or contractor or may require special contract provisions such -
as provided in i20-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
t (ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive ',
4 procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary 7
information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example, v
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the x
RFP. The XYZ Corp. is one of several companies considered to be technically
well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor l
manufacturer.
I Guidance. An NRC contract for that particular work nomally would not be awarded to the XYZ Corp. because it would 'De placed in a position in which its judgment could be biased in relationship to its work for NRC. Since'there are other well-qualified companies available, there _
would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to I
perfom certain analyses of a reactor component which are unique to one,=
l type of advanced reactor. As is the case with other technically qualified' companies responding to the RFP, the ABC Corp. is performihg various
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projects for several different utility clients. None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
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Guidance. An NRC contract normally could ce awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.
An appropriate cl'ause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work ouring the performance of the N9C contract with the private sector which could create a conflict.
For example, ABC Corp. would be peecluded from the performance of similar work for the company developing the advanced reactor menticned in the example.
.J (3)l Example. As a result of operating problems in a certain type
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_.' of commercial nuclear facility, it is imperative that NRC secure specific
.4 data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, 7at company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data-in reasonable time. That company has a.3 finite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
o G'uidance',' This situation would place the manufacturer in a role in 7which its judgment could be biased in relationship to its work for NRC.
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< Since the nature of the worx required is vitally important in terms of
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<NRC's responsibilities and no reasonable alternative exists, a waiver of th'e policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
/ (4)
Exampid. 'The ABC Co. sukits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once i
'ts practicability has been demonstrated.
Other companies in this c.asiness are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to URC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless s ch i_nformation.is general?y available to others.
Further, the contract will siipulate that the contractor will inform the NRC contracting
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officer of all situations in which the information developed under the contract is proposed to be used.
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7590-01 (5)
Example.
The ABC Corp., in1 response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.'
Guidance. The contracting officer would nonnally conclude that award of a contract would not olace ABC Corp. in a conflicting role where its judgment might be bMsed.
The work for others clause of $20-1.5405-1(c) would preclude 13C/ Corp. from accepting work during the tenn of the NRC contract hhich could create a conflict of interest.
(d)
Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfemance of a contract is not relevant to a detennination of the existence of such csflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations whien arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitwe or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relati'nships exist which may constitute organf zational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consultir.g and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, a statement of the type ~ required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
- J
6 e
7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR I 20-1.5403(b)(1).
(c)
Instructior.- to offerors.
The following shall be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.
If the contracting officer detemines that organizational conflic+.s exist, the fol'uwing actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) detennine that it is otherwise in the best interest of the United Ctates to seek award of the contract under the waiver provisions of 1
920-1.5411.
(2) The refusal to provide the representation required by i 20-1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(c), shall resdt in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminatad.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
l (d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the l
i NRC considers the poposed excluded work to be an essential or integral l
part of the requireo work and it!, exclusion would work to the detriment l.
of the competitive posture of the other offerers, the proposal must be rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pennitted l
to correct the omission.
i 5 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause
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7590-01 All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
(a) Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) 1s not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR I 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict 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 contract abide by the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim or organization may involve a potential conflict of interest, the contractor shall obuin 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 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in the perfomance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based
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7590-01 on such information for a period of six (6) months after either the ccmpletion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the oublic, or (iv) release the information without prior written approval by Se contracting officer unless such information has previously been release) to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3)
The contractor shall ". ave.. subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g) Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be pennitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (E00) in accordance with the procedures outlined in 520-1.5411.
520-1.5405-2 Special contract provisions.
(a)
If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with : 20-1.5411, neutralized through the use of an l
appropriate special contract provision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:.
7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of proouction contracts following a related nonproduction contract previously performed by the con +rr-tor; (2)
Scftwar.
,on clauses; (3)
Clauses i 1 quire the contractor (and certain of his key personnel) to avoic in organizational conflicts of interest; and (4)
Clauses wnich provide for protection of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (i) in the clause set forth in! 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i)
Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting of ficer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not appiv.
(3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.
- 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 520-1.5404(b) and other relevant information.
After evaluating this information against the criteria of. 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has oeen determined tnat conflicts of interest exist, tnen :ne contracting of ficer shall eitner:
(a)
Disqualify tne offeror from award, e,
7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after 9M aining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict.
220-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
I20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Of rector.
Upon the reconsnendation of the contracting officer, and after consultation with the Office of the General Counsel, the E00 may waive the policy in specific cases if he determines that it is in the best. interest of the United States to do 50.
Such action shall be strictly limited -to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval occuments shall be placed in the Public Document Rocm. -
i e
i 7590-01 520-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondi.sclosure.of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washincton. D.C this 27th day of March 1979.
For the Nuclear Regulatory Comission Cdtuudh b:hwk Samuel V. Chilk e
Secretary ofl the Comission
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e i O ,, e ~~ RPP No. ) PROPOSAL SUMitARY AND DATA SHEET ' Official Name and Accress of Offerce M ACE OP *tR PORMANCE Dev. cs.nry, een sostes IST Y EA A (Cereues eveger seems,ves i 4TM YEAA TOTAL ESTIMATED f tME RECU4 RED 70 i COMPLETE THE PROJECT TOTAL 240 v tAA
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ESTIMATED 90 YEAA f TYPE QP CONTR ACT PRO *CSED C CCST R EIMauR$8 MENT CCCST 4N AMING CCCST-PLUS Pix 80 PE E C Pla to PRtCE C OTHER TITLE TE L&PMON S NUM AS R NAME OP INOlVIOUALt18 AUTHORIZED TO EXECUTE AND $30N CONTRACTS TITL E TELEPMQNE MuMEEM N AME CP INOlVIQUALLSI AUTHORIZED TO EX ECUTE ANO $1CN CCNTR ACTS NUMEE R QP EMPLOYE E5 CURR ENTLY EMPLOV EQ QQ(LAM VQ(gMg OF SUEINES.3 PE R ANNUM Acmotana Perio<s The offeror agrees to allow deve frorri ttle date of this proposal for acceptance thereof by the Gosernenent 490 days. eimir arherwese to*Colddl. N AME AND ACORS33 OP CCONIZ AN T QQVERNMENT AUQlf AQENCY \\ TELsPwoME NuuSEn EsTsMATEo Prutect Derector wouns wSExLv 'h"C"'"U**** EST'"'TEo l Ch Pmiect Directors nouRs wS ExLv i
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Cdo NO.
PROPOSAL
SUMMARY
ANO DATA SHEET Acamomeogment of Amenoments. The off eror ackrtowseopes receios of emenoments to the RFP es f6 Hows:
Amenoment Numoer Date 5 enature Subcontractor Informatson. Furnish nome end loostson of oroanatatori, description of aernces, besas for select,on, retoonsioile e.erson employed by subcontractor and cast informatson...
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TECHNIC AL PROeOSAL SUMM ARY I4 treen to this Propour Summary Dete Sheet /
A. METHOOS (Lost or summarrie the chronologuest matestones to be reachett throught the veer. voon worch furt****
worn as based. Outline the besoc esperamentetsporoaches to be toren to reach these moorsrones.)
- 8. R ATDON AL - (Indicere the uncertysn;orrnerons ond concepts tratevent to this work whsch would justify toning the procosed soproach to meeting the statec obtectws of this MFP.)
C. F AClLlTiES - tlndocere bere!!v the cuentity and ovality of scace to be moor avsaaber for thus crorret.)
- 0. OTHER linclude brief statements of esperoence and accomolittments o crrncipe! oneestigator anc orner cratessroes r
personnel wouch are permane to the effort procosed. Do not reference technoce!prooose? or curttuar wit **. Dat obstro.-
the mostpertinent ontormstron.I k
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