ML20032B760
| ML20032B760 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/1981 |
| From: | Morton K NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | ITT RESEARCH INSTITUTE |
| Shared Package | |
| ML20032B752 | List: |
| References | |
| CON-FIN-B-7570, CON-NRC-04-81-203, CON-NRC-4-81-203 NUDOCS 8111060275 | |
| Download: ML20032B760 (66) | |
Text
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[ga secg UNITED STATES o,
'o NUCLEAR REGULATORY COMMISSION 3.('
i WASHINGTON. D. C. 20665 e
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pd April 20, 1981 Gentlemen:
Subject:
Request for Proposal No. RS-RES-81-203 Entitled: " Definition of Bounding Physical Tests Representative of Transport Accidents -
Air and Marine" The U. S. Nuclear Regulatory Comission (NRC) is soliciting proposals for the project entitled above.
The full scope of work anticipated is as set forth in that part of the Request for Proposal entitled, " CONTRACT SOlEDULE - STATEMENT OF WORK."
It is our intention by this solicitation to secure the best qualified organiza-tion available to perform 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 you determine that you do not wish to submit an offer, a "NO-0FFER RESP 0<.SE FORM" is provided as Enclosure C.
The solicitation package is included as Enclosure D.
If ynu have any questions concerning the requirements of this solicitation, please contact Mrs. Helen Hagey at (301) 427 4365 (collect calls will not be accepted).
Sincerely.
(fk Kellogg Morton, Chief Research Contracts Branch Division of Contracts Office of Administration
Enclosures:
A.
RFP Summary B.
Proposal Submission Instructions C.
NO-OFFER RESPONSE FORM D.
Solicitation Package (Standard Form 33 with Attachments)
'9111060275 810923 8 -203 PDR
1' 3
1 RFP
SUMMARY
The following sumary provides a general description of this requirement.
Further detailed infomation is furnished in the applicable sections of the RFP.
RFP NO.:
RS RES-81-203 RFP TITLE: " Definition of Bounding Physical Tests Representative of Transport Accidents - Air and Marine" BRIEF STATEMENT OF WORK:
Define a set (s) of radioactive material shipping package performance tests which bound the environments experienced in such accidents, based on an investigation and assessment of extremely severe air and marine transport accident events.
RFP RESTRICTIONS:
LT/ Unrestricted D Set-Aside
/-/ Total Small Business - Labor Surplus Area Set-Aside L/ Total Small Business Set-Aside
_/ / Partial Small Business Set-Aside ISSUE DATE: April 20, 1981 CLOSING DATE/ TIME: May 20, 1981 ESTIMATED LEVEL OF EFFORT:
3 to 5 man years PERIOD OF PERFORMAflCE:
18 months PROPOSAL ACCEPTAtlCE PERIOD:
90 days AllTICIPATED AWARD DATE:
September,1981 TYPE OF CONTRACT AllTICIPATED:
Cost plus fixed fee SECURITY REQUIREMEt!TS:
None PRE-PROPOSAL CONFERENCE:
fione CONFLICT OF INTEREST:
See Part II, Page 19 - Technical Proposal Content, Item p.
TELEGRAPHIC RtSPONSES ARE NOT AUTHORIZED.
ENCLOSURE A
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_ PROPOSAL _ SUBMISSION INSTRUCTIONS.
i The following instructions are provided as a sumary guide to assist the offeror in the submission of a proposal but they do not supersede those instructions contained in the solicitation package.
4 The instructions contained throughout
~
1 the " solicitation package" (Enclosure O to the cover letter) shall govern in all instances where a contradiction exists.
DOCUMENTS REQUIRED IN PROPOSAL
-- One (1) original signed copy of the solicitation package, i.e., Standard Form 33 with attachments.
4
-- One (1) original and four ( 4) copies each of the Technical and Cost Proposals, s
OFFER 0R " FILL-IflS"
-- 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.
i
-- Part IV, Attachment #4, " Proposal Sumary and Data Sheet," is to be com by the offeror.
-- It is requested that the " Optional Form 60" provided in Part IV be used in i
submission of the Cost Proposal.
3 1
NOTE:
The offer must set forth full, accurate, and complete information as required by this solicitation (including attachments).
for making false statements is prescribed in 18 U.S.C.1001.The penalty 4
TRANSMITTING OFFER 0R'S PROPOSAL
-- All offers should be addressed as indicated in Block 7 of the Standar
-- 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 Room -
Do Not Open."
-- Hand-carried solicitations - Hand-carried offers should be addressed as cated in Block 7 of the Standard Form 33 and delivered to:
U. S. Nuclear Regulatory Comission Division of Contracts Research Contracts Branch l
Room 304 7915 Eastern Avenue Silver Spring, MD 20910 00 NOT HAND DELIVER TO BUILDING SECURITY GUARDS.
PHONE.(- 74365 AT TIIETARD DESK.
Telegraphic proposals are not authorized, and if submitted, such proposals shall be rejected.
ENCLOSURE B
. _ _. _. _. _ _ _ _. =, _ _, -
NO-OFFER RESPONSE FORM RFP NO.:
RS-RES-81-203 TITLE: " Definition of Bounding Physical Tests Representative of Transport Accidents - Air and Marine" 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, staple, 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.
He / / desire / / do not desire to be retained on the NRC Contractor Bidders Ma1TTng List.
/- 7 We desire to be placed on the NRC Contractor Bidders Mailing List.
Name of Organization:
Authorized Signature:
Typed Name and
Title:
Date:
ENCLOSURE C
Staple Here mrru Postage Here U.S. Nuclear Regulatory Comission Office of Administration Division of Contracts Washington, D.C.
20555 ATTN: Mrs. Helen Hagey Fold Fold I
i Fold Fold 4
4
e 4
TABLE OF CONTENTS RFP N0. RS-RES-81-203 PART I - GENERAL INSTRUCTIONS Pajgt Standard Form 33, " Solicitation, Offer, and Award";
1
" Representations, Certifications, and Acknowledgments" PART II - SOLICITATION INSTRUCTIONS AND CONDITIONS Standard Form 33A, " Solicitation Instructions and 9
Conditions"
-- Proposal Presentation and Format
-- Business / Technical Proposal Instructions
-- Evaluation of Proposals PART III - CONTRACT SCHEDULE Article I
- Statement of Work 23 Article II
- Period of Performance 29 Article III - Consideration and Payment 29 Article IV - Overhead / General and Administrative Rates 29 Article V
- Key Personnel 30 Article VI - Technical Direction 30 Article VII - Project Officer 32 Article VIII-Travel.leimbursement 33 Article IX - General Provisions / Alterations 34 PART IV - ATTACHMENTS NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
NRC Organization Chart Optional Form 60 Proposal Summary and Data Sheet
- General Provisions
- NRC Manual Chapter 3202 i
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 also contain this document by reference.
ENCLOSURE D
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PART I RFP RS-RES-81-203 Page 1 of 42 e
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& GNTFIED FOR paaTKpa4L DEM LPCER OPS fWS 9 A8EWoM Des fGEL t e pat,g SOLICITATION OFFER AND AWARD maf esG j
ToseleACT gees am.s hamweimo 3 *MsCJf Af tose *80 g oaf t eEutO e ReCrue5stsO*e#vmCetA5E n(Qut6r esJ RS-RES-81-203
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U. S. Nuclear Regulatory Comission Division of Contracts Washington D.C.
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SOLICITATION
- e. Seaied etf-s.a one (_J)_ Original copy fo< fura +a9 ihe ivoohes ce servien in ihe scheduie wen b..c.,ved. the piece specef,ed.n woc. a. o, 5/20/81
,r asade,rr.ed.,n che d,oo rorv iac,,,d., room
. 7915 Eastern Avenue 3:30 PM
,ocar eeme untf Silver Springs MD 20910 fuo,,
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if thes es an advertesed sol
- citation. of f ers w.!1 be pubhcly opened at that same.
(Telegraphic responses are not cAurios t A rc orreas seo pers. r and s or sor.c rataoos onner cr.ons and coa,d,r o.,e.
atethoriZed)
Aff effees see subsect to the fortow.ng:
January 1973 3 nie schedule,nciuded here,n and/or aiiached he,eto.
- 1. The Sol cstation Instructions and Condetoons, SF 33 A.
odeteon which es attached of encorporated herein by ref erence.
- 4. Such other provisions. representations, certifscations. and specifications
- 2. The General Provessons, SF 32, edesion. which es as are attached or encorporated herein by reference.
estacherf of incorporated hereen by reference-(Arrachmener are I,sted in sched=4.f Hrs. H. Hagey (303) a27_4355 ron mronuA rion cAtt iname a uereonone no.i tno cairecu caris>>
SCHEDULE r+
e$ offes eso it suPettE5 51RveCES ta ouAhveff se UNet PasC4 15 AssouMT SEE PART III 0F THIS %0 LICITATION PACKAGE see senun enen o esseov.e kn eeee s v
r OFFER (pages 2 and 3 must seso be fully completed by otteror) in comphance with the above.the undertegned agrees. of this offe' es accepted wethen calender days Ms/ ender days unless a defferent penod as er.se,rred be' the offeror / from the date for receipt of off ers specified above. to furnish any or all stems upon which pescos see of f ered at the prece set opposite e.LA stem, defeveesd et the designated poent(s), within the tems toccified in the schedule is. oisauNt som amouri envusNr.see p, e ss as Ae
% 'O Catthoam oAv5
% 2o CALENDam DAv5
% 30 CALENDAA paws CALEN"Am OAvs
- 17. OFFE R OR Coof l l
Faca,rr coor [
is Naue ANo TITLE OF PERSON AUNoms2ED T0 seGN OHER o troe or or.nos NLut ANo
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Acca.a ss esweee. ear econer sre=
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Q c.eea a e~nen see.ene.a e.o.e.ene no noo.e - e~e cn eoe e,. - swee,
AWARD I To De comoseted by Government) at acctto A5 70 situs seuwetatD 27 AuouNT 23 ACCouMYeNG ANo appaceniateos OAra G,o ATE,0 to u s C 230sist e
25 Ja Sueuit isevoict s se coa es.,+,ss e,ae.. se specs ee, y
to Acomass snowN.N eLOCs X
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ee r, Is NAuf CF CoNTmACTING opaCgm a r,p o, p,.a#,
- 29. UNITED STATES OF AMERICA M **AaD DATE BY (Sugnature of contracting o!!ocers A.e.e..n se -ese on on.s *orm or on stewe so-2e or e, orne err.c+.a.o.en nar.ee Standard Form 33 Page 1 (REV J-,7[
33-131 PRINCIPAL PLACE OF PERFORMANCE:
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- RFP RS-RES-81-203 Page 2 of 42 REPRESENT ATIONS,CERTIFIC.ATIONS AND ACKNOWLEDGMENTS CE PR ESE N1 ATIONS.Ches 6 or complete sti avutocathe Doses or otoca s i The off ect rectesents as part of his offer that 14 on SF ))-A )
1.
SMALL BUSINES$ tSee uar a trnait business concern. If offeror is a small business concern and is not the manuf acturer of the supphes offe He it.. 5 not he also represents that I supplies to t?e furnished hereunder C will C will r.ot, be manufacturered or produced by a small bu in the United State., a possessions, or Puerto Rico MINORITY BUSINESS ENTERPRISE He C is. E is not, a minorsty business enterprsse. A minority business enterprise is defined as a "busares, at least 5 2.
t least 51 percent of the itock of which is owned byminority
. is owned by m nority group members or,in case of publecfy owned businesses, a pu pose of this definition, minority group membess are Negroes, Spanish speaking American persons, rnembers " For tne r
ycup Arnerican Orientals. American. Indians. American Eskimos,and American Aleuts.
REGut.AR DE ALER - MANUF ACTURER IApphcacte only to supptr csntracts encerai'g 3 70.000.)
3.
He is a C. reguti,r dealer in C manuf acturer of, the supplies offered.
CONTINGENT FEE (See par. IS on SF 3] A )
has not, empioved or retained any company or persons (other t.oan a tutt time nona face emolover workong sole 4.
fai He : hat, :
the offerorf to solicit or secure this Contract, and (b) he C has, C has not, paid or agreed to pay any company or person 'Ut provec working so/ety /or the o//cror/ any fee, commission, percentage, or brokerage f ee contingent upon or r time cona /sde er:
the award of this contract, and agrees to furnssh information relatang to (a) and (b) abov, as requested by the Contracting O e
f f.S /
tation of the representation inclad"sg the term " bona foce errpioyee ** see Code of Federal Regulations. Totte 41, Subpart TYPE GF BUSINESS ORGANIZATION He operates as C an individual, C a partnership, C a nonprofit org3nstation, C a corporation, incorporated under the 5.
of AF FILI ATION AND IDENTIFYING DATA IApphcaD/c only to advertised solscitatior:s J 6.
Eacn of retor shail complete f al and (b) if apolicable, and Icl below (an He. is : is not. owned or controlled by a parent company. tSee par. f 6 on SF 33 A.s
~
f ibt if the offeror is owned or controlled by a parent company, he shael enter in the blocks below the name and the parent corppany:
%Aug Os pant %t Coupaw m.o wa.re C.at'CE aoo*Ess e
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- an t ccwau s #. ao curaoas s, ac ci n un c ea s ioewicas.o= ~uweta.su a*= rr.o-se na.
EQUAL OPPORTUNITY 7.
fal He O has. O has not. participated 'in a previous contract or subcontract subject either to the Equal Opportunity c E =ecutive Order No the clause originally contained in sectipn 301 of Enecutive Order No.10925 on the clause contained in Section 201 of 11\\ 14. that he O has. O has not, fiied ali reovired comphance reports. and that representat,ons indicating submiss r
reports, signt'd by proposed sacontiactors. Will be cbtained prior to subcontract awards (The above represen coneection with contracts or subcontracts which are exempt from the eoual opportunity clause f The bidder for off eror) represents that (11 he O has developed and has on fele, C isas not developert and eoes each establishment af firmative action programs as required by the rules and regufstions of sne Secretary of L (b) f
- 42) he O nos not preveously had contracts subject to tne written affirmative action programs requirement of the ru Secretarv of Labor. IThe noove representation shall be comptered by each bidder for offerore enose bed fo fers o r
50 or mnre emptovers CE RTIEeCATIONS ICheck or comosete att aootocatste bones er orocksi 1.
BUY AMERICAN CERTIFICATE each erid product. except the end products listed below, is a domestic end product tas defined The of feror certifies as part of his offer, that d Produced, or in the clause entitled ~ Buy American Act"), and that components of unknown origin have been considereo to have been mine.
manuf actured outside the United States.
Cou vo, os omiGee r
eretuosot%cencoucts e
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$iandard Form 33 Psee 2 IRE V 3 77) e
e RFP RS-RES-81-203 Page 3 of 42 3
CLE AN Af R AND W ATE R tAcolocatie of the bus or offer esceras $f 00.000,or the contracting officer has artermined that orcou uncer on incermore cuantary con.soct an any year w,tt oncere $100.000, or o facitory to be ssed has teen the suciect of a conectron unce' r~e C,oan Air Act 142 U S C 185?c 8lc)(11)or the federot Water httution Control Act (33 U S C 1319ft)) and n listea by EPA.
or is not otte'wsse esemot i The bidder or of feror certifies as follows.
(al Any f acshly to be utabled m the pefstmance of this FAoposed contract O bas. C has not, been hsted on the Envronmento protection Agency List of Violating Fac3hties.
(bl He will promptly notif y the contractmq of ficer, prior to award.of the receipt of any communication frc'n the Director. Of fice cf Feceral Actmties, Environrtental Protection Agencg, inde.atmg that any facihty which he proposes to use for the periormance of the contract is under cons de'ation tn be l<sted on the EPA hst of Victatmg Fac2iitees.
(c) He will include substanvally this certification, meluchng this paragraph (c). in every ncneuempt subcontract.
3.
CERTIFICATION OF INDEPENDENT PRICE DETERMIN ATION (See par.18on SF 33 Al fa) By subm'suon of this offer, the offeror certifies. and in the case of a toint offer. each party the*eto certifies as to its own c'ganization, that m conrection with this procurement.
(1) The prices in this offer ha,e been arrived at.ndecencently, without consultation. comrn n. cation, or agreement, for the u
ourpose of restru; ting compet teon, as to any matter relating to such prices with any other offerer or with any competitor'.
(2) Unless otherese reQwred by law, the proces which h3.e been oveted in thes offer have not been knowingly d.sclosed by the of 8eror and will not knowir g!v be disciosed by the offeror prior to openmg m the case of an advertised procurement or prior to award in the case of a negotiated procurement, c6tectly or indi'ectly to a9y other offeror or to any competitor, and (3) No attempt has been made or will be made by 15e offeror to induce any othe' person or firm to submit or not to submit an of fer for tnat purpos'e of restricting competition.
(bi Each pe ton signing thrs off er certif1es that-(11 He is the person in the offe'or's organization
?or'sible witnin that organization for the decis.on as to the prices t'eing of fered merein and that he has not participated. and wdl not part. 7te, in any act:on contrary to (4H1) througr. f a)(3), above, or f 2) (i) He is not the person in tne offeror's organizat on respons@e withm that organitation for the decision as to the prices oemg offered herein but that he has been authorited in writmg to act as-agent for the persons respons,ble for sucn dec.so m certifymg that such pe' sons have r'ot participated and wdl not partscapate, sa any action contrary to laHl) through f aH3) above, and as their agent does
- ereoy so certify. and in) he has not participated, and wdl not par %cipate. in any action contrary to (a)(1) through (aH3) above.
4 CERT 1F~ CAT 60N CF NCNSEGREGATED FAC1UTIES Mpphcawe to (11 contracts. (2) subcontracts. and (3) agreements *<tn acoucants wno are themse!<es perform >ng isderativ assisted construction contracts excercang $10.000 wnucn are not e empt from the cenessons o/ the Ecual Cooortantry cInse )
3y the suDrmss>OF of this bid. the b4 der, offeror. 4DohCant. of subC07 tractor Certifies that he does not ma:ntam or provide for Ns emplosees any seg'egJted fac laties at any of his estabbst ments, and that he does not permit his employees to perform thest services at any IoCation u der his control. *Ne'e seg'eg3ted f acihties are traintamed He certifies further that he will not maintain or provide f or het employ.
n ees arly s?g'eyated f aC4hties at any of his establ shments. arid that he *dl not permet M.s employees to perform their services at any ICcation, under his control, where segregated f aolities are ma.ntamed. The b dder, off eror, appl > cant. or subcontractor agrees that a breach of this car.
tification is a v.olation of the Equal Oppertanity clause in mis contract. As used in ines certificat.on the term "segrer,ated f acitities" means ariy aait.rg rooms, work areas, rest ecoms aad wash recrns. restaurants and other eating areas, time c:ocks, focuer rooms and other storage or dressing areas. parbng tots, d'iriking founta.ns, recreation or ent er ra mment areas, transportation. and housir g f acmties prov ded for employees which are segregated by emDhcit d.rectig or are in fact seg'egated on the bars of race. co*or.rehg on or national oris n, because of MaDet, toCal custom, or otherwise He 'urtr er ag'ees that (except where he has obtair'ed identical certifications from proposed subcontractors for spec 4fic time pe'iodpl he wd! obtain ede9tical certifications from proposed subcontractors pe or to the Shard of r
'tacontr acts exceed.ng S10.000 which are ot exempt from the prov*sions of the Ecus' Opporturiety ctause. that he win reta n suen
- tifications m his 8Jes, and that hs edi 'orward the following notice to such proposed subcor' tractors tescept *"tre the proposed
.cbcontractors have submitted identical certif' cations for specific tarme periods!
Notice to prospective subcontractors of reawrament foi certifications of r osegregated f acilities.
A Ce'tif.cJtion of Nor segec;ated Fac-ht es must be submitted pr or to the aaard of a subcontract esceeding S10.000 wh.ch -s not esempt from the provisions of the Ecuas Ocporton: v c!ause. The certification reay be submitted eitner for each subcontract or for au succontracts dormg a period is e., quarterty, semannually, or annually). A'O TE The penairr for makmg /sise offers,5 cresci.ted en 13 vs c foot Continued on Page a
- .'s e.c. e.c mi
.ewo ACKNOWI.EDGMENT OF AMENDMENTS rha ocerar man ~.oges receo ce am.,o.
meets to the Soectat,on ter or'e's and re stad oocume*tas nuracwed and Osted as foeicws.
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\\O TE Otters must ser torts tutt. ac:urare anc cowere mtorr~sroon as rewec' or tss Sot.corat>on imctuceg attacht-e~tsi rne preatt y for maema false statements.n cfiers ss cre:chted m 18 J S C 1001 Sia*ca.a Fo* 33 pa;, 3 ag. 3. ;,
L
. _ _ _ _ _ ~ _ - _ _ - -
RFP RS-RES-81-203 Page 4 of 42 i
1 PART I 1
Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-Ok'NED BUSINESS l
Concern is G is not 6 a woman-owned business.
The business is publicly owned, a joint stock association, or a business trust 6 yes C'no.
The business is 6 certified U not certified.,
4 A woman-owred business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.
Controlled is defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, jof stock associations, and business trusts are exempted.
Exempted t-asses may voluntarily represent that they are, or are not, woman-ow. sed 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 servjce 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 terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-j-
tional retirement plan, or statutory requirement, and
/] (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 empNyment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
I 8.
CERTIFICATION OF REC 0VEREC MATERIALS (1-1.2504(b I The offeror / contractor certifies that recovered materials will be used j as required by sper.Jfications referenced in the solicitation / contract. t O 8 5 - w,,- _ n,,w ,,,.=-r ,-,,,-,n - --.---- - n, - - - - -nmw,-,nw-,_-,,.,-,,,----+~----,
e RFP RS-RES-81-203 Page 5 of 42 9. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that: The award to of a co ract or the modification of an existing contract does /_/ or does not / 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 :et 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 4 writing which describes ir. concise manner all relevant factors bearing on his represen-tation to the Contracting Officer. If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken: (a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411. The refusal to provide the representation required by 820-1.5404(b) or upon request of the Contracting Officer the facts required by 820-1.5404(c), shall result in disqualification of the offeror for award. The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be di: qualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or the resulting contract. l The offeror may, because of actual or potential organizational conflicts l of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically pronibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the pro-l posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable. The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor infonnality, and the of feror will be pennitted to correct the omission. Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No. 1.
RFP RS-RES-81-203 Page 6 of 42 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 Centracting Officer or his duly authorized representative that this requiremeni is not in support of the national defense pursuant to 4 CFR 331,20(b). A. COST ACCOUNTING STANDARDS ELIGIBILITY FOR M00!FIED 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 clauce in lieu of the Cost Accounting Standards clause. 6 The offeror hereby claims an exemption from the Cost Accounting Standards clause ur. der the provisions of 4 CFR 331.30(b)(2), and certifies i that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (1) during his cost accounting period insnediately 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 l equaled less than 10 percent of his total sales during that cost accounting i i period. The offeror further certifies that if his status changes prior to an award resulting from this p.oposal, he will advise the Contracting l Officer insnediately. J CAUTION: Offerors may not claim the above eligibility fcr nodified 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. 8. COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from thi: solici-tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR Bl-3.1204-2(a)) and Administration of Cost Accounting Standards (FPR el-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 51-3.1203-2(a) and (c)(4)). i Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting l Practices - Nondefense Contract (FPR-ll-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR ll-3.1204-1(b)) if the award is (i) j 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 l 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 51-3.1203-2(a) and (c)(4)). This solicitation notice is not applicable to smail business concerns.
a RFP RS-RES-81-203 .~dge 7 of 42 Certificate of CAS Applicability The offeror hereby certifies that: A. G 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 j it receives that are subject to cost accounting standards. 'C. 6 It is not performing any CAS-covered national defense or nondefense contract or subcontract. The offeror further certifies that it will immediately notify the Contracting Officer in writing in the event tnat 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 subject to FPR Subpart 1-15.7 (FMC 74-4, OMB Circular A-87). F. 6 It is a hospital. NOTE: Certain firm 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)(iv)). l Additional Certification - CAS Applicable Offerors G. G The offeror, subject to cost accounting standards but not certifying under D, E, or F above, further certifies that practices used in estimating costs in pricing this proposal are consistent l with the practices discussed in the Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351). i f 4 .,,-e-%.+w-w-,,,,- -.-,.-w--- .-m-- c
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RFP RS-RES-81-203 Page 8 of 42 Data Required - CAS Covered Offerors The offeror certifying under A or 8 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 cost accounting standards, if any, which upon award of the next negotiated national defense contract or subcontract, will becone effective upon the o fferor. Name of C0: Address: Telephone No.: Standards not yet applicable: f e 9
a e RFP RS-RES-81-203 Page 9 of 42 PART II SOLICITATION INSTRUCTIONS AND CONDITIONS DE FINITIOMS.
- 7. LATE BirtS, MODlHCATIONS OF BIDS, OR WITHDRAWAL OF as itsed herein:
BIDS. (a) The term "sohcitation** means invitation los Bids (IFB) where (a) Any bid receiud a' th-o#5 e desienate d in the sohcitation af ter the procurement is advertised, and Request for Proposal (RFP) where the emait time speci6ed for rrre.pt wd! rent be cons dered ue.lem it is the procurement is negotiated. received before award as madr.md.r he r - (b). The term "oner" means bid where the procurement is adver-(il It was sent I,v reciste ve l..e s crised snail not later than the tised, and proposal where the procurement is negotiated. 6fth calendar das pn. r to ih-elaer spmfml for the treret of bids (c) For purposes of this sohcitation and Block 2 of Standard Form (e, a bid submined in respeise en a.o:.otation requiring receipt of 33, the terrn " advertised" includes Small Business Restricted Adver-bed by the 20th of the month must have tren ensited by the ISth or tiswg and other types of restricted advertisinan earher); or (2) It was sent by inail (er t.tcrram if authorized) and it is
- 2. PREPARATION OF OFFERS.
deterrnined by the Governrncrii ihat th< late rec 6pt was due solely no (a) O'ferars are expected to examine the drawings, speci6 cations, mishandling by the Government af te r erre ipt at the Government Schedule, and all instrations Failure to do no wil; be at oneror's installation. risk. (b) Any mod 6 cation or withdrawal of a tW is subyct to the same (b) Each efferor shall furnish the information required by the conditions as in (a), abow. A bid may ala3 be withdrawn in person .oi. citation. The oderer shall sign the sohcitation and print or type by a bidder or his authorized trpresentative. prtwided his idendty is h:s name on the Schedule and each Continuation Sheet therect on made known and he egne a receipt for the ' id. but only a the with-o whnh he makes an entry. Erasures or other changes must be initiated drawal is mide pnor to the czart time set for receipt of bids. by the person sagning the oRer. 06ers signed by an agent are to be (c) The only acceptable evidence are establish; accompanied by endence of his authority unten 4uch evidence has (1) The date of mailing of a late bid, rrodi6catian, or withdrawal been prenou ly furnished to the issuing of6ce. sent either registered or certin i mati is the U.S Postal Service (c) Unit pnce for each unit o6ered shall be shown and such pnee postmark on th the envelope or wrapper and on the ongsnal receipt shall include packing unless otherwise specined A total shall be entered from the U.S Postal Scruce. If neither postmark shows a legible date, in the Arnount coluron of the Schedule for each item oRered. In case the bid, modi 6 cation, ce withdrawal shall be deemed to have been of discrepancy between a unit price and entended price, the unit pnce mailed late. (The term " postmark" means a pnnted, stamped, or other-w;ll be presumed to be correct, subject, however, to correction to the wise placed impresion (exclusive of a postage meter machane impres-esme extent and in the same manner as any other mistake. sion) that is readily identifiable without further action as having been (d) 06ers for supplies or services other than those specined will not r&olied and aEmed on the date of maihng by employees cJ the U.S. be considered unless authorised by the sohcitation, kostal Service. ~!hrefore, c6erors should request the poetal clerk te, P ace a hand canonflataoe bulfwye "postsaark" on both the receipt l (e) Oderor must state a de6 nite time for delivery of supplies or for ormance of services unless otherwise speci6ed in the schestation. and the envelope or wramt.) ( Time, if stated as a number of days, wira include Saturdays, (2) The time of receipt at the Government insta!!ation in the Sun ys and hchdays. time-date starnp of such installation on the bid wrapper ce other (g) Code boxes are for Gosernrnent use only. documentary evidence of receipt mainteined by the Iristallation. (d) Notwithstanding (a) and (b) of this provis4n, a la's anodtn-
- 1. EXPLAMATION TO OFFERORS. Any explanation desired by an cation of an otherwise successful bid which makes its tusas moes cdferor regarding the meaning or interpretation of the solicitation.
favorab'e to the Govemment will be considered at any time it is re-drawings, speci6 cations, etc., must be requested in writing and with ceived and mav be accepted. su6eient tiene allowed for a re ly to ruch oRerors before the sub-Note: The term " telegram ** includes rna21eraros maission'of their o6ers. Oral en nations or instructions given before the award of the contract will nos be binding. Any information swen
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPDSALS, AND to a prospective oderor concerning a sohcitation will be furnished to WITHDRAWALS OF PROPOSALS.
r all penopective oRerors as an amendment of the solicitation, if such (a) Aar proposal received at the o5cc designated in the solicits-informatson is necessary to oderers in submitting oders on the solicita-tion after the exact time spec 6 for receipt will not be considered tion or if the lack of such information would be prejudicial to un-unless it is received before aw ' made, and : informed onerora. (I It was sent certined n. ail not later than the
- 4. ACKNOWLEDOMENT OF AMENDMENTS TO SOUCITATIONS.
c r sub tte to a so a on ir ng recei o} Receipt of an amendment to a solicitation by an oneror must be orfers by the A h onth must have been ma21ed by the ISth or scirowledged (a) by signing and returning the amendment, (b) on carh page three of Standard Form 33 or (c) by letter or telegyam. Such '2s a s, nt by man (or telegram if authorized) and it is i acznowledesnect asuet be received prior to the hour and date speciAed dete in he Government that the late receipt was due solely for receipt cd oders. to mi an bng by the, rnment aft-r receipt at the Government
- 5. SUSMISS40N C
'AS. g, ; gg' or ire ta!!a is the a troposal received, f *) Offers and n 4 cations thereof shall be enclosed in waled (b) Any modincetic of a proposal. ascept a moddcation resulting ensciopes and addressed to the oEcr speci6cd in the sohcitation. The from the Contracting me er's aest for "best and nent' oRer, is sub-
- eror shall show the hour and date speci6ed in the solicitation for ject to the same conditions
.. f t) ar.d f a)(2) this provision receipt, the solicitation r.umbct, and the name and address of the (c) A modacation rei fror the Contra" ing fEcer e r quest oRaror on the face of the envelope. for "best and Anal" oR ce ter the ti d te speelitd in (b) Telegraphic oders will not be considered unless authorised by the request wi!! not be to red unless sward and the solicitation, however, t4fers may be modined or withdrawn by the late receipt is due sol
- to mishard by he Gov rnment after written or telegraphic notice, ided such notice is recerved prior to receipt at the Gonmment installationf 1
.\\e hour and date specified or receipt. (However, see paragraphs 7 (d) The only acceptable evidence oe h: and 8.) (1) The date of mailina lahl I or modi 6 cation sent (c) Samples of iten4, when required, must be submitted within the either by registered or certi6e iP the U.S. Postal Service post. tir se specined, and unless otherwise specified by the Governenent, at mark on both the envelope or and on the s.riginal receipt from ao expense to the Government. If not destreoed by testing, samples the ILS. Postal Service. I imark shows a legible date, the wi!! be ret arned at oReror's request and erpense, snless otherwise proposal or modi 6e be med to have been mailed late. specified by the solicitation. JThe term " post k" ns a printed, stamp-d. or otherwise, placed impression (esclus. e tage meter machine impression) that u
- 6. FAILURE TD SUBMIT OFFER. If im oRer is to be submitted. do readily identinable th< t further action as having been sup lied and not return the solicitation unless otherwise speci6r = A letter or post a$aed on the data. ailing by employees of the U.S. Posta Service.
c.srd shall be sent to the mmng omce advmmt wtether future suho Therefore, oRerors should request the tal clerk to ace a hand stations,for the type of supphes or serwces coserer! by this schcatation cancellation bu!Ts-eye " postmark" on bo the receipt a th-envelope .re desired Failure of the recipient to orTer, or to notify the issuins or wrapper.) oGa that future Micitations are desi, red, rnay result in rernmal of (2) The time of receipt as the Government insta!!ation is the the r.arne of such reupient from the maihng list for the type of supphei time-date stamp of such installation on the peoposal wrspper or other cr srvices covered by the sohcitation. doxumentary evidence of receipt maintained by the installation. f. gTAssoAmo rones n.a estee. som Pr wre.4 kr csA. Fra tsi r7ap t-is.ioi n-, -v
RFP RS-RES-81-203 Page 10 of 42 (e > ', twithstandient (a), (b). and (s ), of this provision, a late 'lS-45), the Contract Wath linurs Standards Att t 40 li S C 19 330), modshnoon e.f an othe i=w successful prope sai whn h makes its terms and the Service Contract Art of 196'i (4 8 U S t t tb tu) may be more f avorahir in the Government will he to.indered at any time it as obtained Irum the Department nf 1.shi r. h ashington, D C. M'lO, or received and,nas br aucpted f ront any regional dre sif that agency. Requests for enloimation should (f) Pr opos a na, be withdrawn by written or telegraphic notice melude the soli <itatu n number, the non e and addiew of the issumm reremd at any a nv prior t<. sward. Prnposals may be withdrawn in auency, and a desc ription of the supplies or seruces j peren by an otter.,r or his authorised represe ntative, provided his identity is inadr b n..wn and he signs a rrceipt for the proposal prior
- 13. SELLER'S INVOICES. Invoices shall be prepared and submitted to award.
in quadruplicate (one copy shall be marked "onginal") unless other. Note : The terrn " telegram" includes mailgrams. wise specified. Insoices shall contain the following information: Con Note : The alternate late proposals, modi 6 cations of proposals and tract and order number (if any), item numbers. description of supplies withdrawals of proposals provmon preacribed by 41 CFR l-3 802-2(b) or services, sizes, quantities, umt prices, and extended totals. Bill of shall be used in lieu of provision 8,il specined by the contract. lading number and weisht of shipment will be shown for shipments made on Government bills of lading. yg (a) Notwishstandmu the fact that a blank is provided for a ten fl0)
- 14. SMAll, suSsNESS CONCERN. A small business concern for the day discount, prompt pasment diss aunts offered for payment within purpose of Government procurement is a concern, including its af51i.
less than twenty (20! calendar dass wdl not he considered in evalu-ates, which is independently owned and operated is not dominant in strs offens for award, unics ntherwise speci6ed in the schcitation. the neld of operation in which it is submitting rliers on Gmernenent Ileweser, offere d shirounts of less than 20 days will be taken af par contracts, and can further qualify under the criteria corw eming num-ber of employees, average ' annual receipts or other entena[ Federal mer't is maior withm the diso.ont period, esen though not considered na pre-scribed by the Small Business AdministratIost (See Code o m the evahution nf off rrn (b) In connes tion with an, dis <ount offered. time will be computed Regulations Title 13 Part 128, as amended, whwh contains detailed from date of dehvery of the rapphes to carrier when delivery and industry de$nitions and related procedures.) arreptance are a p. int of origin, or frorn date of dehvery at desti-nation or port of s er.barkation when delivery and acceptance are at
- 15. CONTINGENT FEE. If the oReror, by checking the appmpriate either of those points, or from the date torrect invoire or voucher is bon provided therefor, has represented that he has employed or retained renhed in ihe other oper:6ed by the Goverem+nt, if the latter date a comp.any or person 6ther than a full-time bona Ade employee worb.
is latte than date of dehvers. Payment is deemed to be made for the ing solely for the oReror) to schc.it or secure this contract, or that he purpose of carning the dmount un the date of rnaihng of the Govern-has paid or agreed to pay any fee, commission, percentage, or broncare ment ched fee to any cormpany or person contingent upon or resultmg from the award of this contract, he shall f urnish, in duphcate, a cornplete Stand.
- 10. AWARD OF CONTRACT.
ard Form 119, Contractor's Statement of Contingent or Other Fees If (a) he on rag * ' be - le.f to M' ' ror whose oderor has previously furnished a coenpleted Standard Furr,119 to the n,1 A s a - l to the othce issuing this solicitation, he may accompany his eder with a syned 61 -,. Qt (i entnent. prve and other factors cons i red. d staternent (a) indicating when such completed form was prevenusly (b) The Government rewrses the right to rejec t any or all offers furnished, (b) identifying by numVr the previous solicitation or con-and to waive informahtirs and minor irregularities in oRers received tras t, if any, in connection with which such form was submitted, and (c) The Government mas arcept any item or group of it.me of any (c) representing that the statement in such form is appbcable to this oRer, unless the oReror quah6es his offer by speri6c limitations UN-oRer. LESS OTilERWISE PROVIDED IN Tile SCIIEDULE, OFFERS M AY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16 PARENT COMPANY. A parent rompany for the purpose of this Tl!OSE SPECIFIED, AND TIIE GOVERNMENT RESERVES oder is a company which either owns or controls the activities and basic THE It1GIIT TO MAKE AN AWARD ON ANY ITEM FOR A business pohcies of the oReror. To own annthe r cornpany means the UANTITY LESS TilAN Tile QUANTIlY OFFERED AT TiiE parent company must own at least a majority (more than 50 percent) NIT PRICES OFFERED UNI.ESS Tile Of FEROR SPECIFIES of the voting rights in that company. To sontrol another tornpany, such OTilERWISE IN 1115 OFFFR ownership is not required; if another rarnpany is able ta formulatii. (d) A,wntten award (or Acceptaner of OHer) mailed (or other. determine, or veto basic business pobcy decisions of the oReror, such wise furnished) to the sur<essful nReror withm the time for acceptance other company is conside nd the parent cormpany of the oderor. This j spet:6cd in the oder shall,he deemed to re sult in a binding contract control.nay be esercised shrough the use of dominant minority soting without further action by either par *. ruchts. use of prusy voting, contractual arrangernents, or otherwisc 1 j The following paruraphs f r ) el e ugh (hi apply only to r csotiated
- 17. EMPLOYER'S IDENTIFICATION NUMSER. ( Apphiable only to c) [he Government may aucpt within the time speci6ed therein, advertised schcitations } The rJemt shallinsert in the applirable space any orTer (or part thereof, as provided in (r) above), whett er or not on the oRer form, d he has no parent company, his own, Employer's there are negotiations subsequent in its recripe. unless the oRer is with.
Identification Number (E I No) (Federal Social Secunty Number drawn by written notare receised by the Government prior to award If subsequent negotiations are ronducted, th.3 shall not constitute a used on Employer s Quaryrly Federal Tan Return, U.S. Treasury Departm-nt Form 941), or,if he has a parent company, the Employer s rejection or counter offer on the part of the Gosernment Identi6 cation Number of his parent company. (f) The right is reserved to accept other than the lowest oRer and to reject any or all oRers. (g) The Government may award a contract, based on imtia! oRers
- 18. CERTIFICATION OF INDEPENDENT PRICE DETERMIN ATION, received, without discussion of such nRers A cordingly each initial (a) This certi6 cation on the oRer form is not applicable to a foreign offer should be submitted on the most favoiable terms from a rn e oReror submittmg an offer for a contract which requires perforenance and technical candpoint which the oRernr can cubmit to the Covern-o, delivcry outside the United States, its possessians. and Puerto Rico.
ment. (b) An oRer will not be considered for award where (a)(1), (a)(3), (h) Any 6nancial data subinitted with ans nRer hereunder or any or (h') of the cert 26cauon has been deleted or modi 6ed Where (a)(2) representation concerning facihties or 6nancin.c will not form a part of the certi6 cation has been deleted or modi 6cd, the oRer will not be of any resulting contract; prosided, hows ver, that d the resulting co'n. considered for awa*d unless the oReror furnishes with the oRer a signed tract contains a clause providing for price reduction fur defective cost statement which sets forth in detail the circuenstatices of the diodoeure or pricing data, the contract price wd! be subject to reduction if cost and the head of the agency, or his designee, determines that such dis. t or the purpoac of restricting competition. or pricing data furnished herrunder is inroinple - na r urate, or not closure was not mad f current
- 19. ORDER OF PRr.CEDEP8CE. In the event of an inconsistency be.
I
- 11. GOVERNMENT FURNISHED PROPERTY. ' o enstenal. labor. or tween provisions cf this sohcitation. the inconsistency shall he resolved facihties will be furnished by the Govemmene unless otherwise pro-by givsr.g precedence in the following order: (a) the Nhedulr. (b) vided for in the solicitation.
Solicitation Instructions and Conditions; (c) Getieral Provisions; (d)
- 12. LABOR INFCRMATION. General n.fbrm non rnarding the re.
other provisiens of the contract, whether incorporated by reference or quirements of the Walsh.Healey Pi % Contracts Act t41 U.S.C. otherwise; and (e) the speci6 cations sfAssoAmo ronse 13-4 seca tesse. 4-Fe) e u o oe. =i e.e e..ateas on ee is ts-Ps B as ries 4i e s - ~. ,__,_m_ .m., _--,-,., - -._. _, m ....,..--..._,_-.m._
RFP RS-RES-81-203 Page 11 of 42 PART ll SOLICITATION INSTRUCTIONS AND CONDITIONS (Continued) Note the following substitutions of the paragraphs listed in the SF-33A. 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHDRAWALS OF PROPOSALS (FPR 1-3. 802-2(b )) 1 (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made, and: (1) It was sent by registered or certified mail not later than 4 the fif th calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th day of the month must have been mailed by the 15th or earlier); 4 (2) It was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishand-ling by the Government after receipt at the Government installation; (3) It is the only proposal received; or a (4) It offers significant cost or technical advantages to the Government, and it is received before a determination of the competitive range has been made. (b) Any modification of a proposal is subject to the same conditions as in (a) of this provision. t (c) The only acceptable evidence to establish: (1) The date of mailing of a late proposal or modification sent either by registered or certified mail is the U. S. Postal Service postmark on both the envelope or wrapper and on the original receipt from the U. S. Postal Service. If neither postmark shows a legible date, the proposal or modification of proposal shall be deemed to have been mailed late. (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 installation is the time-date stamp of such installation on the proposal wrapper or other docu-mentary evidence of receipt maintained by the installation. (d) Notwithstanding (a) and (b) of this provision, a late modification of an otherwise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (e) Proposals may be withdrawn by written or telegraphic notice received at any time prior to award. Proposals may be withdrawn in person by an offeror or his authorized representative, provided his identity is ma_% known and he signs a receipt for the proposal prior to award. NOTE: The term " telegram" includes mailgrams.
RFP RS-RES-81-203 Page 12 of 42 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 3-5 man-years. This information is advisory and is not to be considered as the sole L3 sis for the development of your staffing plans. You must detail huw you intend to accomplish each objective covered herein. 2. TYPE OF CONTRACT It is contemplated that a cost plus fixed fee contract will be awarded; however, the Government reserves the right to negotiate and award whatever type contract is determined to be most appropriate. In addi-tion to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected offeror's organization and type contract awarded. Any additional clauses required by Public Law, Executive Order, or procurement regulations in effect at the time of execution of the proposed contract will be included. 3. PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and submission of the final report, shall be completed within 18 months. 4. ACCEPTANCE PERIOD Because of the time required by the Government to evaluate proposals adequately, offerors are requested to specify a proposal acceptance period of not less than 90 days. 5. ANTICIPATED AWARD DATE It is anticipated that an award under this solicitation shall be made by September,1981. l 6. COST OF PROPOSAL PREPARATION i This solicitation does not comnit 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. i I
RFP RS-RES-81-203 Page 13 of 42 i 1 l 7. . INDIVIDUAL (S) LUTHORIZED TO NEGOTIATE The prospective offeror will list the name(s) and telephone number (s)- i of the person (s) authorized to conduct negotiations on the " Proposal j Summary and Data Sheet" (see Part IV. Attachment No. 4) which is to be submitted with each proposal. t 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 j each copy of the proposal. 9. RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date, and the notation: "00 NOT OPEN IN MAIL R00M." Also, include the RFP number in your cover letter and on each page of your proposal. j 10. AWARD NOTIFICATION All offerors will be notified of their selection or nonselection as soon as possible. Formal notification of nonselection will not be made until a contract has been awarded. It is also brought to your attentien that the Contracting Officer is the only individual who can legally commit the Government (i.e. the NRC) to expenditure of public funds in connection with this procure-ment. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include such actions as: encouraging a potential contractor to incur costs prior to a. receiving a contract, b. requesting or requiring a contractor to make changes under a contract without formal contract modifications, encouraging a contractor to incur costs under a cost-reimbursable c. contract in excess of those costs contractually allowable, and 1 1 \\
l RFP RS-RES-81-203 Page 14 of 42 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 Notice of Proprietary Information - Offerors are advised that a. 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 information 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 L:emption 4 of the Freedom of Information Act."
l RFP RS-RES-81-203 Page 15 of 42 13. PROPO_S_A_L PRESENTATION AND FORMAT a. Proposals will be typewritten or reproduced on letter-size paper and will 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 offeror's lack of cost con-sciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary nor desired. 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 package. All applicable sections must be completed by the of feror. (2) One (1) original and four (4) 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 four (4) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical _ Proposal Content." Each of the parts shall 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 o f feror. 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 Surmary 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. l 14. BUSINESS MANAGEMENT REQUIREMENTS l a. Cost Proposal The offeror should utilize the Optional Fom 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 ef fective and efficient presentation of cost information. In eithe.- instance, the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated. )
RFP RS-RES-81-203 Page 16 of 42 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 estimated 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. 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 travel policy. NOTE: In the absence of a Government approved contractor travel policy, the prevailing Federal Travel Regulation rates and the clause entitled, " Travel Reimbursement" in Part III shall apply. 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. Management 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 subcontrac'. ors, 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 subsequent coordination with the NRC. 9
a RFP RS-RES-81-203 Page 17 of 42 (4) Management controls expected to be utilized to preclude a cor.- tract cost growth. c. Manpower Availability Describe the source of personnel required for performance of each task ar.o not presently employed by the offeror, if any of the personnel are under commitment, describe the terms of the commit-ment (s). flote specifically the personnel that will be on board subject to a contract award. d. Consul tan t_s Explain the need for consultant services. List proposed consultants I 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 n hich may be involved, such as travel and per diem. Such fees may not be paid to employees of the contractor or to ernloyees of the U. S. Governnent. e. Subcontractors If the offeror plans to subcontract any of the work to be performed, list proposed subcontracters 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 Labcr 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-erty shall be separately identified. h. Other Contractual Commitments The offeror shall list any commitments 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.
r J RFP RS-RES-81-203 Page 18 of 42 15. TECHNICAL PROPOSAL C0t4TEflT 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 entitlad, " Evaluation of Proposals." Statements which paraphrase the scope ci work without communicating the specific innovation proposed by the offeror or statements to the effect that the offeror's 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 i scope of work and objectiva:. The Technical Proposal shall set forth as a minimum the following: a. Discussion and specific identification of work by proposer which is directly applicable to the proposed scope of work. b-Discussion of related work by proposer and how this work interfaces with the proposed activities. c. Discuss support personnel and facilities available to adist the professional personnel. d. Discussion of the requirerrents of the Statement of Work to substantiate the offeror's understanding of the effort including additions and deletions that would, in the opinion of the proposar, enhance the i j proposed program. e. Statements of any interpretations, requirements, or assumptions made by the offeror. f. Discussion of the functional relationships between accident environments and the environments as experienced by radioactive material shipping packages. Considerable emphasis should also be placed on discussions of procedures through which bounding physical tests can be derived from known accident environment conditions. Approprihte criteria for - deciding between sets cf performance tests should be. recommended. Existing scurces of infomation bearing on the problem parameters should be discussed.. -.-n--, n, --.., - -,. - - ~ -,, -
a RFP RS-RES-81-203 Page 19 of 42 g. Discussion of the technical approaches and a detailed outline of the proposed program for executing the requirements ard achieving the objectives. h. Discussion of anticipated major difficulties and problem areas, together with potential or recommer.ded approaches for their resolution. i. Discussion of the extent to which the proposed approach can be expected to meet the requirements set forth in the scope of work. j. Provide a detailed description of the schedule for werk and identify significant milestones and completioit dates for various subparts. k. 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 or pertinent publica-tions authored by the individuai. 1. Offeror's knowledge of or familiarity with: (a) sources of transport accident infomation, (b) perfomance standard development (c) avail-ability and complexity of analytical methods to evaluate structural responses to accident forces, and (d) costs and procedures required to conduct full scale or model perfomance tests involving radioactive material packages.
- m. A description of the offeror's directly.. relevant pan work with specific attention given to its relatirn to the work proposed in this project.
Discussion of the offeror's experience in the analysis of regulatory ~ n. systems (nuclear and otherwise). Include the contra;t numbers and Government points of contact,
- o. Identify the " Key Personnel." and for the person (s) so identified, specify the percentage of time currently comitted to other projects over the course of the proposed cont act period of performance.
p. 1. If offeror answer,s in the affirmadve to the following questions, discuss how he proposes to address possible conflict of interest situations. a. Is the offeror a shipper of type B material? b. Does the offeror have financial interests in any shioping packages licensed under existing regulations? c. Does the offeror expect that he will be an applicant for a package license during the contract period. d. Has the offeror..or the offeror's subcontractors, perfomed work in the past which could reasonably be regarded as biasing the objectivity or results of the proposed work? -. ~. - y = -.--o-3 i-e,-- a m- -,
RFP RS-RES-81-203 Paga 20 of 42 l e. Is the offeror, or the offeror's subcontractors, presently involved in any work for others that could potentially result in a conflict of interest situation? f. Is the offeror, or the offeror's subcontractors, presently working for others in connection with design or licensing of radioactive material shipping containers or evaluating or attesting to the safety of radioactive material shipping containers? Does the offeror, or the offeror's subcontractors, expect to perform such work for others during the period of the contract, or following its completion? p.2 How does-the offeror intend to assure that work for others during the contract period will not result in a potential conflict of interest situation? THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK t a s
RFP RS-RES-81-203 Page 21 of 42 COST REIMBUR5ABLE_ CONTRACTS
- 16. 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 significant 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 right 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. c. A separate cost analysis will be performed on each cost proposal. To provide a connon 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 ab'_lity to complete the work within the Government's required schedule. e. Proposals will be evaluated in accordance with the following, weighted factors, listed in the order of their relative importance: 4 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4
RFP RS-RES-81-203 Page 22 of 42
- 16. CONTRACT AWARD AND EVALUATION OF PROPOSALS (Continued)
Weights (Based on 100 Points) AI. TECHNICAL APPROACH' 1. Comprehensive Program Plan. Evaluation 35 points will be based on the completeness and proper balance of the effort as reflected by the offeror's proposed solutions, detailed task statements, milestone chart, decision points proposed, and allocation of personnel as they relate to the analysis of the problem. 2. Analysis of the Problem and Proposed Solution. 25 points Evaluation will be based on the apparent under-standing of the work scope and a judgment of the soundness and logic of approach to the solution of the problems. B. ORGANIZATIONAL CAPABILITIES .l. The extent of capabilities demonstrated by the 25 points offeror to translate general accident environ-ments into quantitative forces experienced by specified packages, and to then bound these j forces by proposed sets of feasible performance tests. 2. Extent to which the contractor demonstrates 15 points -knowledge,and understanding of existing informa-tion sources pertinent to all aspects of transport accidents and their associated environments. The past exnerience of the offeror which is pertinent to the efforts of this procurement will also be evaluated. ( THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
RFP RS-RES-81-203 Page 23 of 42 PART III CONTRACT SCHEDULE F ARTICLE I - STATEMENT OF WORK A. INTRODUCTION The NRC has identified a need to characterize a set of bounding physical tests which would represent environments experienced by radioactive material shipping packages under extremely severe air or mating _tran, sport accident conditions. These tests would be expected' to be mode dependent and shall be derived from historical accident records as well as reasonable extensiont of accident events to account for the real-world transport mode environments. 8. GENERAL BACKGROUND Current NRC regulations (including revisions as proposed in 44FR48234) re-quire that the performance of fissile and type B radioactive material ship-ping packages be assessed by physical tests or analytical evaluations to conditions specified in the Code of Federal Regulations Title 10 Part 71, Appendix B. Package acceptance criteria following application of these conditions are specified under 100FR71 Subpart C. This combination of specified hypothetical accident conditions and restrictive acceptance cri-teria have led the NRC staff to conclude that transportation under present regulations has provided adaquate safety to the public and that no immediate changes of substance to the existing regulations are needed. This conclu-sion was based on a risk arsessment which has been documented in NUREG-0170, dated December 1977. Notwithstanding this c6nclusion, the NRC has determined that there are,two major reasons for considering changes to its regulations: 1. To minimize the' risk contribution from low probability - high consequence events on an as-low-es-reasonably-achievable (ALARA) basis, and 2. To develop radioactive material transportation standards, specifically package perfcrmance standards, which, both represent, and are perceived to represent a more sound technical basis for assuring that adequate safety to the public continues to be provided. As a starting point to address both these objectives, the need to define set (s) of bounding physical tests which encompass the environments in representative severe transportation accidents is considered essential. Following test set definition, the NRC would subject typical packages to these performance tests and seek to establish criteria for post-test package acceptance based on an ALARA principle. For the road and rail transport modes, this initial objective is being pursued through an on-going contract. C. DISCUSSION OF THE TECHNICAL PROBLEM The NRC approach to the technical problem of defining a set of bounding physical tests is as follows:
RFP RS-RES-81-203 Page 24 of 42 1. To define set (s) of extremely severe credible accident environ-ments. Such environments can be defined by specifying critical parameters of a representative number of extremely severe ac-cident events. Information from historical U.S. accident records (e.g., National Transportation Safety Board summaries) and the physical or operating conditions associated with the specific transport modes would be expected to support the definition of these critical parameters. 2. Considering appropriate generic features of classes of radioactive material shipping packages, establish the forces induced on the package by the extremely severe accident events. 3. A set or sets of peckage performance tests will be derived which technically and perceptually recreate these forces. D. CONTRACT OBJECTIVE The objective of this proposed contract is to define set (s) of performance tests for radioactive material shipping packages which bound the enviror.- ments experienced in extremely severe air and marine transport accidents. E. 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 1 presents a list of background documents which can be acquired in person or by written request through the NRC Public Document Room, Washington, D.C. 20555, (202) 634-3273. (NOTE: Requests to the NRC Public Document Room for any of the documents listed in Table 1 must clearly identify the specific document and the RFP number RS-RES-81-203.) The work shall be accomplished in four tasks which include: (1) extremely severe credible accident definition, (2) definition of generic radioactive material package classes which influence the magnitudes of forces induced by extremely severe accident events, (3) definition of these force magni-tudes, and (4) conversion of these accident induced forces into a set of representative physical tests. The first task has been estimated to re-quire approximat. ly five months to complete. The length of this period e reflects NRC's belief that a thorough assessment of extremely severe ac-cident environments will assure a credible definition of bounding forces experienced by radioactive material packages. The tasks directed toward defining these boundinc forces have been estinated to require an additional five months of effort. Translating these forces into a set or sets of modal dependent physical tests is estimated to require the largest fraction of the contract period. F. DELINEATION OF CONTRACTOR TASKS TASK I - Extremely Severe Credible Accident (ESA) Definition The contractor shall identify the types of aircraft and marine accidents that could produce significant static / dynamic loads (e.g., impact, crush,
a RFP RS-RES-81-203 Page 25 of 4? puncture) on a Type B or fissile radioactive material package or subject these packages to significant thermal environments. The basis for such determinations shall include historical accident records and hypothetical extensions of such accident events to include credible interfaces with real-world physical or operating conditions. As an example, aircraft arid ship / barge design data, operating limitations, and the definition of potential impacted objects could be expected to influence the potential for and magnitude of bounding impact forces. The con. actor shall e search the technical literature to identify and obtain any published information pertinent to the objectives of this study. The literature search should include, but not be limited to, material published in the 4 area of radioactive material transport. Past and ongoing efforts, as indicated in Table 1, References 1 through 3, and other technical literature identified by the contractor, shall be reviewed and used as required. The air and marine accident reports, issued by the National Transportation Safety Board and available in detail in their Washington, D.C. office, shall also be considered a data source for this task. The data compiled by the Transportation Technical Environmental Information Center at Sandia Laboratories shall also be fully utilized (Reference 3). In evaluating the credibility of ESA environments as required in this task, the contractor shall identify and consider those factors associated with the ESA which may limit the extent of any potential radiological impact on the public health and safety (e.g., the expected population density in the area surrounding such an accident). Close coordination with NRC in the use of such factors shall be maintained. TASK II - Assessment of the Influence of Package Design Parameters and Shipment Conditions Following the definition of the ESA as required in Task I, the contractor shall review the spectrum of type B and fissile package designs and typical l shipment conditions with the intent of identifying any generic package features or shipment parameters that could strongly affect the magnitude i l or the likelihood of occurrence of accident forces which are capable of being transmitted to the radioactive material package (e.g., package size / weight, protection afforded by transport vehicle structure, tiedown fea-tures). In this effort, the contractor shall use relevant vehicle design and transport practice information and shall perform various calculations (e.g., tnermal and/or structural analyses), as necessary, to support any con-lusions. l l l TASK III - Extremely Severe Environments Experienced by Rtd!.ctile l Material Packages Combining the rasolts from Tasks I and II, the contractor shall establish the sets of extremely severe environments which could be experienced by the spectrum of radioactive material packages being considered. The fre-quency of experiencing these environments shall be estimated. In this latter ef fort, the contractor shall perform.the various statistical evalu-ations necessary to accomplish this subtask.
RFP RS-RES-81-203 Page 26 of 42 TASK IV - Physical Test refinitions The contractor shall devise a set or sets of physical tests (mechanical and thermal) to represent the extremely severe accident environments which The could be experienced by the specified radioactive material packages. contractor shall also identify any sequence of individual tests (on a single package) necessary to properly represent the accident environment. The set of tests may be mode dependent. To establish any mode dependence, the contractor shall consider any results fmm similar research work involving road and rail transport. The contractor shall evaluate each set of tests in terms of (1) perception in representing extremely severe accident conditions, (2) experimental practicality of subjecting radioactive material packages to such tests, (3) analytical capability to predict the significant measures of package response resulting from the test set, (4) analytical capability to correlate damage from the test set to that resulting from actual extremely severe accident environments, and (5) any other evaluative measure the contractor believes could be useful in selecting among the sets of physical tests. The contractor shall recommend any scale model or component tests which are necessary to accomplish the desired selection among test sets. G. REPORTS, DOCUMENTATION, AND OTHER DELIVERABLE END ITEMS 1. Monthly letter progress report, in 5 copies to the Project Officer and 1 copy to the Contracting Officer, shall be due by the 15th day of each month and shall include as a minimum: A technical report of progress describing findings to-date, a. problems incurred and solutions proposed, and plans for the ensuing month. b. A report of costs incurred to-date as follows: o Direct labor osts o Travel expenses o Overhead o Additional costs o Forecasts for contract completion THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
RFP RS-RES-81-203 Page 27 of 42 2. Formal technical reports are required as follows: The first topical report in draft form shall be submitted in 5 copies l a. to the Project.0fficer within 30 days of the completion of Task I. The content of this report shall develop and justify definitions of set (s) of extremely severe credible accidents. b. A letter report shall be submitted in 5 copies to tha Project Officer within 30 days of completion of Task II. The conte..t of this letter report shall establish the package or shipment parameters that could strongly affect t'he likelihood of occurrence or the magnitude of accident forces and identify the methods proposed to quantify the accident forces which are capable of being transmitted to the radioactive material package. A letter report shall be submitted in 5 copies to the Project Officer c. within 30 days of completion of Task III. This letter report shall develop and justify the definition of extremely severe environments experiencad by radioactiva material packages. The final technical report shall be submitted in draft form (5 d. copies to the Project Officer) one nonth after completion of Task IV. The final report shall include: (1) A summary of all four tasks individually; (2) An appendix including the data base from which the extremely severe accident environments were established; ( 3) An executive summary of all technical work accomplished under the contract including a brief description of the recommended modal performance tests and the rationa?e for their selection. The report in final form shall be submitted in one reproducible and five (5) copies to the Project Officer and one copy to the Contract-ing Officer five weeks following issuance of the draft report. H. ADDITIONAL ELEMENTS OF THE STATEMENT OF WORK Meetings The Contractor shall participate in approximately four one-day meetings with the NRC staff during the contract period. These meetings will be held at NRC offices, Willste Building, Silver Spring, Maryland.
RFP RS-RES-81-203 Page 28 ef 42 TABLE 1 LIST OF BACKGROUND DOCUMENTS 1. " Qualification Criteria to Certify a Package for Air Transport of Plutonium," NUREG 0360, January 1978 2. " Potential Crush loading of Radioactive Material Packages in Highway, Rail and Marine Accidents," J. Colton and C. Romander, NUREG/CR-1588, October 1980 3. " Transportation Technical Environmental Information Center Index," C. Davidson and J. Foley, SAND 80 1885, October 1980 4. " Severities' of Transportation Accidents Involving large Packages," A. Dennis et al., SAND 77-000), May 1978 THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
RFP RS-RES-81-203 Page 29 of 42 4 I ARTICLE II - PERIOD OF PERFORMANCE ^ The performance of work described in ARTICLE I hereof shall convence as of the effective date of this contract and shall continue to completion thereof, esti-months after said contract is ' effective. mated to occur within ARTICLE III - CONSIDERATION AND PAYMENT (Incrementally Funded CPFF) t A. Estimated Cost, Fixed Fee and Obligation i 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 j represents the estimated reimbursable costs, and of which. 5 i represents the fixed fee. S 2. Total funds currently available for pa; nent and allotted to t'his con-represents the estimated tract are S of which $ 4 reimbursable costs, and of which S represents the P <ed j fee. I' 3. It is estimated that the amount currently allotted will cover performance months from the i l of Phase 1 which.is scheduled to be completed l i effective date of the contract. B. Payment The Government shall render payment 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 5.1-3 of the General Provisions hereto. ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES l A. Pending the establishrent of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be i reimbursed for allowable indirect costs hereunder at the provisional percent of rate of i B. Pending the establishrent of final general and iministrative rates which shall be negotiated based on audit of actual costs, the contractor 2 l shall be reimbursed for allowable indirect costs hereunder at the provi-percent of sional rate of 1 C. Notwithstanding A. and B. of this Article, said previsional overhead and G&A rates may be adjusted as appropriate during the term of the contract i upon the acceptance of such revised rates by the Contracting Officer.
- To be incorporated into any resultant contract.
i i i
RFP RS-RES-81-203 Page 30 of 42 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 Of ficer. In such event, the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Con +racting Officer. ARTICLE VI - TECHNICAL DIRECTION 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 che 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 withir, ;he general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which: 1. Constitutes an assignment of additional work outside the general scope j of the contract. I 2. Constitutes a change as defined in the clause of the General Provisions, j entitled " Changes." l 3. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for i contract performance. l 4. Changes any of the expressed terms, conditions or specifications of l the contract. I (
- To be incorporated into any resultant contract.
0 RFP RS-RES-81-203 Page 31 of,42 .i b~ l C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING NITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. A copy of said written direction shall be schmitted to the Contracting Officer. T ie 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 g by the Project Officer is within one of the categories as defined in B(1) l 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 l Officer to modify the contract accordingly. Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise the contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope 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 the contract. E. A failure of the parties to agree upon the nature of the instrn tion 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." h 4 l L I l s /
RFP RS-RES-81-203 Page 32 of 42 ARTICLE Vil - PR0_J_ECT Of fl,CER_ 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. 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 I 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 all costs reouested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for supplies, services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract. For 9uidapce from the Project Officer to the contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for ( an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost. e
- To be incorporated into any resultant contract.
G -___J
o RFP RS-RES-81-203 Page 33 of 42 ARTICLE VII} TRAVEL REIMBURSEMENT The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and s: ecifically in the performance of this contract and accepted by the Contracting Officer: 1/ 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 jpavel 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 car-ier 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. i 5. Receipts are required for common carrier transportation, lodgirg and miscellaneous items in excess of $15.00 l i 1 l l l ( ff-~ Current rate is $50.00 2/ Current rate is $23.00 1 3/ Current rate is 22 Se I . ~. - _-_-_ --__ _. _ _. ~. - - - _. _ _, - ~
RFP RS-RES-81-203 Page 34 of 42 ARTICLL IX - GLl4LRAL PROVISI0ftS/ALTERATI0d5 This contract is subject to the attached provisions of Appendix A, General Provisions, entitled "Cs t Type Research and Development Contracts With Conmercial Organizations," dated 11/80. Provisions Added: 3.12 Labor Surp'us Area Subcontracting Program (1-1.805-3(b)) (a) The Contractor agrees to e.tablish and conduct a program which will encourage labor surplus area concerns to compete for subcontracts within their capabilities. In this connection, the Contractor shall-- (1) Designate a liaison officer who will (i) maintain liaison with duly authorized representatives of the Government on labor surplus area matters, (ii) supervise compliance with the Utilization of Concerns in Labor Surplus Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub-contracting Program;" . rovide adequate and timcly consideration of the potentialities (2) of labor surplus area concerns in all "make-or-buy" decisions; (3) Assure that labor surplus area concerns will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participatic1 of labor surplus area concerns; (4) Maintain records shawing the procedures which have been adopted to comply with the policies set forth in this clause and report subcontract awards (see 41 CFR 1-16.804-5 regarding use of Optional Form 61). Records maintained pursuant to this clause will be kept available for review by the Government until the expiration of 1 year after 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 subcontracting opportunities. (b) (1) The term " labor surplus area" means a geographical area identified by the Department of Labor c an area of concentrated unemployment or under-employment or an area of labor surplus. (2) The term " 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 substantially in labor surplus areas. (4) The term " 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 to insert, in any subcontract hereunder which may exceed $500,000 and which contains the Utilization of Concerns in Labor Surplus Areas clause, provisions which shall conform substantially to the language of tnis clause, including this paragraph (c), and to notif.y the Contracting Officer of the names of such subcontractors.
RFP RS-RES-81-203 Page 35 of 42 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 poiicy in the award of subcontracts to the fullest extent consistent with the efficient parformance 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 Subcontr, ing Program (Over $500;000 or $ 1,000,000 for Construction of Any Pul _ 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) Designate 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-buy" 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 delive', schedules so as to facilitate the participation of women-owned busir:ss 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 to 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 won.en-owned business concerns procedures and practices that the Contracting Officer n.ay from time-to-time conduct.
RFP RS-RES-81-203 Page 36 of 42 (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-ownc and controlled business concerns in accordance with the definition of a women-owned business concern as set forth ir. 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-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; i (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 oricina 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 writing 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 whe.n 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: Provided. The actual subcontract price.;as not affected by defective cost or pricino data. (No te: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with tertain 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.)
O RFP RS-RES-81-203 Page 37 of 42 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 competition, established catalog or market prices of comercial 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, necotiated in connection with any price adjustment under this contract was increased by any significant sums because: (1) The Contractor furnished cost or pricina 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 cnntract entitled " Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricina Data--Price Adjustments" or any subcontract clause therein' required, furnished cost or pricinq data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricina 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 Contractor 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) The 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 ar.d the contract shall be modified in writing as may be necessary to reflect such reduction. However, any reduction in the contract p' ice due to defective subcontract data of a prospective subcon-r 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 tne Centractor. 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 pricina 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 ger.erally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.) (c) Failure to agree on a reduction shall be a disoute concernino a question of fact within the meaning of the " Disputes" clause of this contract. 1
RFP RS-RES-81-203 Page 38 of 42 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: (1) Prior to the award of any subcontract t!.a amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable orofits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of comercial items sold in substantial quantitias 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 subcontract change or modi fication. (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 comercial 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: SUECONTRACTOR 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 applicable profits expected to exceed $100,000. The requirements of this clause shall be limited to such contract modifications. (b) The Cor. tractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances: (1) Prior to award of any subcontract, the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/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 commercial items sold in substantial quantities to the general public, or prices set by law or regulation.
RFP RS-RES-81-203 Page 39 of 42 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 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 (b) above is accurate, complete, and curre.nt as of the date of agreement on the negotiated price of the subcontract or subcJntract change or modification. (o) The Contractor sh.li 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) Unless the Admir.istrator of General Services has prescribed rules or regulations 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 consistently 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,ractices 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 hereafte: becomes applicable to such a contract or subcontract. Such compliance shall be required prospectively from the date of applicability 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 which, 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. (4) Negotiate with the Contracting Officer to determine the terms and conditions u1 der 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 may be made under this provision that will increase costs paid by the United States. i l
RFP RS-RES-81-203 Page 40 of 42 5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a)) Cont'd. (5) Agree to 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 practice 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 pemit any authorized representatives of the head of the agency, of the Cost Accounting Standards Board, or.of the Comptroller General of the United States to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause antil the expiration of 3 years after final payment under this contract or such lesser time specified in the Federal Procurement Regulations (fir) part 1-20. (c) Unless a subcontract or Subcontractor is exempt under rules or regu-lations prescribed by the administrator of General Services, the Contractor: (1) shall include the substance of this clause including this paragraph (c) in all negotiated subcontracts under this contract with subcontractors that arc currently performing a national defense contract or subcontract that contains the clause entitled to Cast Accounting Standards and that are currently recatred 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 I l-3.1204-2(b) of the FPR in negotiated subcontracts under this contract with all other subcontractors. The Contractor may elect to use the substance of the solicitation notice set forth in i 1-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts. (d) The tenns defined in 5 331.20 of Part 331 of Title 4 Code of Federal Regulations, shall have the same meaning herein. As there defined, " negotiated l subcontract" means "any subcontract except a firm fixed-price subcontract made t by a contractor or subcontractor after receiving offers from at least two firms not associ.sted 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 conceting fims solicitied, and (3) the icwest offer received in compliance 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 clatese and reference to the Disclosure and Consistency of Cost Accounting Practices clause shall be deemed to include the Consistency of Cost Accounting Practices--Nondefense Contract clause.
RFP RS-RES-81-203 Page 41 of 42 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 sum 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 change to cost accounting practices proposed in accord-ance with paragraphs (a)(4)(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 A.ccounting Practices clause not less than 60 days (or such other date as may be mutually agreed to) prier 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)(S) 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 be 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 the Disclosure and Consistency of Cost Accounting 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 subcentract and/or in the letter of award. Sel f-deleting clauses shall not be used. (e) Include the substance of this clause in all negotiated subcontracts j containing either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause. In addition, include a pro-l vision in tilese subcontracts which will require such subcontractors, witnin 30 days after receipt of award (or such other date as may be mutually agreed cc) to submit the following information to the Contract Administration Office Cognizant l of the subcontractor's facility. t
RFP RS-RES-81-203 Paga 42 of 42 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 l 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 Cost 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 Accounting Standard Withdrawal Cost Accounting Standard 414--Cost of money as an element of the cost of facilities capital--shall not be reimbursed as an allowable cost under this contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK I
J PART IV LIST OF ATTACHMENTS. NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) Attachment 1 NRC Organization Chart Attachment 2 Optional Form 60-Attachment 3 Prop; sal Summary and Data Sheet Attachment 4 General Provisions Attachment 5 NRC Manual Chapter 3202 Attachment 6 . -. - =. - -. -.. - - - -.
' Attachment 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 sonflicts of interest.- 20-1.5404 Rep'resentat.on. 20-1.5405 Contract clau'ses. 20-1.5405-1 General contract clause. 20-1.5405-2 Special contract provisions. 20-1.5406 Evaluaticn, findings, and contract award.. 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors. 20-1.5411 Waiver. 20-1.5412 Remedies. AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to Pub. L. 83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 520-1.5401 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 infonnation 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 l contract award. (b) Contractor conflict of interest detenninations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy.the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations l to guide application of the policy. NRC contracting and program officials must bef aler,t to ;other situations which may warrant application of this policy guidance. The ult; .: test is: Might the contractor, if awarded the contract, be placeo 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-c7ntractors and offerors only. Individuals or firms who iiave other 3 relatfonships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC - - - - -.-
7590-01 agreements with other government agencies, international ' rganizations. o or state, local or foreign governments; separata procedures for avoiding . conflicts of interest will be employed in such agreements, as appropriate. I20-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interasts related to the work to be perfonned under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage. (b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation. (c) Evaluation e.ctivities" means any effort involving the appraisal of a technology, precess, product, or policy. (d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the fonnulation or l administration of.its programs, projects, or policies which normally require the contractor to be given access to information which has not l been made available to the public or proprietary infonnation. Such I 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-sponstor, partnership, corporation, affiliates thereof, or their successor; in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC. (g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual ~ controls or has the power to contrel another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)). j I .(h)' " Subcontractor" means any subcontraEtor of any tier which performt work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less. (1) " Prospective contractor" or " offeror" means any person, firm, unincorporated r,sociation, ioint 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. - _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that a actual conflict of intarest 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. 5 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in determinirg whether actual or potential organizational conflicts of interest exis?.: (1) Are there conflicting roles t31ch might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the perfomance of the contract? The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of connon sense and good business judgment based upon the relevant facts disclosed and the work ? be perfomed. While it is difficult to identify and to prescribe 1, advance a specific method for avoiding all of the various situations or r0 ationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. (b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational conflicts of inter 6st under the following circumstances: (1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC. (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 regulated by the NRC. (iii) Where the offeror or contractor evaluates its own products er services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or ma rketing. (iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.,
7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances: (1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications. (ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodo1ogies. (iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action. (iv) Where the offeror or contractor is granted access to proprietary information of its competitors. (v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor., (c) Policy application guidance. The following examples are illustrstive only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example. The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar analyses for the reactor manufacturer. Guidance. An NRC contract for that particular work nomally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationshlp to its work for NPC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy. (2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp, projects have any relationship t: 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..
7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp, because no conflict of interest exists which would motivate bias i with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example. (3) Example. As a result of operating problems in a certain type of comercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs. Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for Nf'C. Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias. (4) Exampl e. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co. has advised NRC dat it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor i component. Guidance. A contract could be awarded to the ABC Co. provided that i l the contract stipulates that no information produced under the contract l will be used in the contractor's private activities unless such information ) has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an i unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract l work, it shall not be used in the contractor's private activities unless such information'is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used. _f_
7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(4), 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 contemolated by the NRC study. Guidance. The contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 520-1.5405-1(c) would preclude ABC Corp from accepting work during the term of the NRC contract which could craate a conflict of interest. (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to a detemination of the existence of such conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis. 520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor. (b) Representation procedure. The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation serv!ces or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in 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.. k
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 520-1.5403(b)(1). (c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that crge.nizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts. (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States ta seek award of the contract under the waiver provisions of 520-1.5411. (2) The refusal to provide the representation required by 520-by '520-1.5404(pon request of the contracting officer the facts requ 1.5404(b) or uc), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other l. remedial actions provided by law or the resulting contract. l The offeror may, because of actual or potential organizational (d) l conflicts of interest, propose to exclude specific kindt of work from l the statements of work, contained in a RFP unless the RFP specifically l prohibits such exclusion. Any such proposed exclusion by an offeror l will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment l of the competitive posture of the other offerors, the proposal must be l rejected as unacceptable. i (e) The offeror's failure to execute the representation required l by subsection (b) above with respect to invitation for bids will be l considered to be a minor informality, and the offeror will be pennitted to correct the omission. s 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause
7090-01 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 (1) Is not placed in a conflicting role ensuring that the contractor: because of current or planned interest (financial, contractual, organizational, (2) or otherwise) which relate to the work under this contract, and does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract. The restrictions described herein shall apply to (b) Scope. performance or participation by the contractor as defined in 41 CFR 5 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 perfonned under this contract. The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if If the any, under this contract abide by the provision of this clause. contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement. (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-l.5402(a). The contractor agrees that if aftcr award it discovers organizational (2) 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 The NRC may, however, terminate the cnntract for convenience con flicts. if it deems such termination to be in the best interests of the government. (e) Access to and use of information. (1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the 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 -H-
7590-01 on such in' formation for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of e such information to the public, or (iv) release the information without i prior written approval by the contracting officer unless such information has previously been released to the public by the NRC. (2) In addition', the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged i technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information. (3) The contractor shall have,-subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " contracting officer," shall be appropriately modified to preserve the government's rights. (g) Remedies. For breach of any of the 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 permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall be f directed in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined i l in 5 20-1.5411. 520-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract l 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 appropriate special contract provision. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the i extent and time period of any such restriction. These provisions include i but are not limited to:
7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (an ' certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use. (b) The following additional contract clause may be included as section (i) in the clause set forth ins 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 directf.t; in writing by the contracting officer, the contractor shall not perform sn' technical consulting or management support services work or evaluatn:. 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 sra.cifications. 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 nc,t apply. (3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government. 5 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 nas oeen determined that conflicts of interest exist, then tne contracting of ficer shall eitner: (a) Disqua'ify the offeror from award, 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 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict. 520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractar 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 Director. Upon the recommendation of the ccatracting officer, ano after consultation with the Office of the General Counsel, the ED0 may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so. Such action shall be strictly limited to those situations in which: ( ) 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 oocuments shall be placed in the Public Document Room. -.
~ 7590-01 520-1. 5412 Remedies I 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 intent.ional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts. Dated at Washinaton. 0.C this 27th day of March 1979. 4 For the Nuclear Regulatory Commissior, ' ' *k Samuel J. Chilk Secretary of the Commission 1 o 4 4 i f s
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_. -fittP*O+e NumaesertITEN840N ,_Name AMo acoassa of newswwo oraCl ANo INC&Wouat I l s *u vou stovel F4 U$e OP aNY OOvteNmfMT PeOP'eTY n nee PtepoemANCI Cf THr$ %D CONTRACi? l _ves 0 No (If pen. Meeugt eo mem er se,eres* ?.e o 00 rou se3vst OOvetNMfMT CONfeaCT PINANCMG TO PerPOsan THit PeOroleD CONTtaCYP ut ] vf8 ] NO f f/ pas, ades#gP J O==va~ce 'A'->N's oo*'ii 'A' *Nri oe O ovasaN'i'a toaNs l re 00 vou Now noto aNv CoNetaCT ror. A pas ae., ve, ses,,emesir Am. 4 (trer); p.ep.s.) pos fue same os smistaa scoen Castro poe e, t.es peonoseo CoNre4 Cit O a' O No < <<. <,w / i w pots f*el COlf SWawaast CONPO8aa wffM ine Cost powecertes set toefn m aoeNcv scoutafs0N57 3 ( am No (ui...rie-ee..,.... N r.e., Jee Aswees /se leafreessees med Peasseses OPTIONAL. FOR'9 60 ( 50-7 8) 2 f
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SUMMARY
AND DATA SHEET Acknowledgment of Amendments. The offeror ock'9wledge6 receipt of amendments to the RFP es follows: Amendment Number Date Signature Subcontractor informetson. Furnish name and location of organization, description of services, basis for selectoon, respo.nsibile person employed by subcontractor and cost information. i i I i l l TECHNICAL PROPOSAL SUMM ARY (A trech to this Proposa/ Summery Date Sheet / A. METHODS - (Lost or summerire the chronolognest molestones to be reached throught the yeer, voon which further l work as board. Outline the bas:c esperomentalsoproaches to be taken to reach these molestones.)
- 8. R ATION AL. itndicate the undertyong proncopoes and concepts relevent to this work which wouldjustify tokong l
the procosed approach to mentong the stated obloctises of this MFP.) i C. F ActLiTlES. lindocote broefly the cuentory end quality of sosce to be mace avsolsbie for thus crococt.I D. OTHER.(Include broef statements of esperoence and accomplishments of proncopel innstigator and other protossoons personnel whoch e a germone to the effort proosed. Do not reference technocal croposer or currocu e votae. but oostosc r r the most pertonent onforanstron.) l f -,,,.m. m y ~-- + g
' RP P NO. PROPOSAL SUMt1ARY Afl0 DATA 5HEET ' Official Name and Address of OfferCr 1 ACE OF PE R PORMANCS (City. Cavary, and Statel TOTAL ESTIMATED TIME u-hlRED TO IST Y EAR toerenes ausger reewcas 4TH YEAR COMPLETE THE PR+ siCT TOTAL 2NO YEAR .STH YEAR ESTIMATED COETS 3RDYEAR TYPG OP CONTR ACT PROPOSED COST RElMOURSEMENT OCOST 4a Aa'Nc OCOET.PLUS. Pix 80 P E E a PixED PR CE C OTH1R NAME OP tNOlvlOUALISI AUTHORIZED TO TITLE T ELbPHONS NUMag R EXECUTE ANO 310N CONTRACTS NAME OP INOlV'OU alt 3) AUTHORIZED TO TITLE TELEPHONE NUMSER EXECUTE AND SiON CONTR ACTS NUMSER OF GMPLOYEES CURRENTLY EMPLOYED OCLLAR VOLUME OF EUSINESS PE R ANNUM Acceptana Period The offeror agrees to allow devs from the date of this proposei for ecceptance theesof by the Government 190 days. oirror Atherwege specrfied). NAME AND ADDRESS OP COONIZ ANI OQVERNMENT AUORT ACENCY TELEPwCNE NuMeER EsTiu AT EO Profect Otrector HOU RS W E E M LY TELEPHONE NUMSER ESTIM AT E D Ct/ Pro /tct Otttctorf HOURS WE EKLY 4 e f \\, _ _ _ _. _ _ _ _ _ _}}