ML20035C600
| ML20035C600 | |
| Person / Time | |
|---|---|
| Issue date: | 01/26/1993 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Matthew Doyle DATA COMPUTER CORP. OF AMERICA |
| References | |
| CON-FIN-D-1920, CON-NRC-39-89-133 NUDOCS 9304080165 | |
| Download: ML20035C600 (20) | |
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[je nog'o UNITED STATES g
NUCLEAR REGULATORY COMMISSION f
g WASHINGTON. D. C. 20555 ap
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2AN 2 61993 I
Data Computer Corporation of America Attn: Mary Doyle P. O. Box 2665 Columbia, Maryland 21045 t
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Dear Ms. Doyle:
Subject:
Modification No. 4 to Task Order No. 12 Under Contract No. NRC-39-89-133 The purpose of this modification is to:
(1) increase the level of effort in accordance with the attached Statement of Work (See Attachment No.1),
(2) extend the period of performance through July 31, 1993, (3) increase the Task Order ceiling amount by $239,046.06, (4) increase the task obligated amount by $300,000, and (5) provide for administrative changes.
Accordingly, the Task Order is hereby modified as follows:
1.
The fourth and fifth paragraphs of the definitization letter are deleted in their entirety and the following are substituted in lieu thereof:
" Task Order No.12 shall commence on March 16, 1992 and continue through July 31, 1993 with a total cost ceiling of $642,886.47.
The amount of $602,308.01 represents the estimated reimbursable costs and the amount of $40,578.46 represents the fixed fee.
The total amount presently obligated by the Government with respect to 4
this Task Order is $623,400.00 of which $584,063.46 represents the reimbursable costs and $39,336.54 represents the fixed fee."
2.
The following clauses, attached hereto, are hereby incorporated as a part of this Task Order:
a.
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (FAR 52.203-9) (NOV 1990) (See Attachment No. 2) b.
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-10) (SEP 1990) (See Attachment No. 3)
I c.
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (JAN 1990) (See Attahcment No. 4) d.
NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (FAR 52.222-18) (MAY 1992) (See Attachment No. 5)
I e.
DRUG-FREE WORKPLACE (FAR 52-223-6) (See Attachment No. 6)
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9304000165 930126 PDR CONTR i
NRC-39-89-133 PDR
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NRC-39-89-133 Task Order No.12 Modification No. 4 Page 2 of 3 3.
The Accounting and Appropriation Data for Modification No. 4 to Task Order No. 12 is as follows :
B&R Number:
310-20-615-202 Job Number:
01920 BOC:
2542 Appropriation Number:
31X0200 Obligated Amount:
$300,000.00 4.
The issuance of this modification does not change any other terms or conditions of the Task Order. The effective date of this modification is January 31, 1993.
5.
A summary of obligations for this Task Order, from award date through the date of this action is given below:
Total FY 92 Obligation Amount $303,400.00 Total FY 93 Obligation Amount $320,000.00 Cumulative Total of NRC Obligations $623,400.00 This modification obligates FY 93 funds in the amount of $300,000.00.
Please indicate your acceptance of this Modification No. 4 to Task Order No. 12 by having an official, authorized to bind your organization, execute l
three copies of this document in the space provided and return two copies to the Contract Administrator. You should retain the third copy for your records.
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NRC-39-89-133 Task Order No. 12 E
Modification No. 4 Page 3 of 3-If you have any questions regarding this modification, please contact Helen Tyson, Contract Administrator, on (301) 492-7125.
Sincerely, Mary Jo Mattia, Contracting Officer s
Contract Administration Branch No. 2 Division of Contracts and Property Management Office of Administration l
Attachment:
As stated a
cc:
U.S. Small Business Administration Baltimore District Office i
10 N. Calvert Street Baltimore, Maryland 21202 i
r ACCEPTED:
h '7776o f / IC/pn RAMI i
Yf TITLE 2 tol91 DATE 1
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!chment No. 1 Page 1 of a i
STATEMENT OF WORK Contract No.
NRC-39-89-133 Task Order No. 012 Modification No. 4 Period of January 31, 1993 to July 31, 1993 I;
I.
BACKGROUND The Office of Controller (OC) requires contractor support for operating its Operational support accounting, travel, payroll and budget systems.
incicdes inputting data, verifying and reconciling data input, operating document tracking systems, distributing financial forms and reports, and performing quality control and supervision.
II. DESCRIPTION OF WORK The contractor shall provide the necessaty personnel to perform the The functions will be accomplished in accordance functions identified below.
with the attached " Detailed Procedures for Data Entry Contractor" which is The contractor hereby incorporated by reference to the Statement of Work.sha metropolitan area, primarily at the Maryland Hattonal Bank Building in Bethesda, MD and the One White Flint North Building in Rockville, MD.
During the period of performance, overtime may be require of production equipment, or occasional production bottlenecks of a sporadic If any of these situations arise, approval for overtime must be The subject task order will nature.
approved in advance by the Contracting Officer.
The then be modified to incorporate the necessary overtime hours.
contractor is to provide qualified persons to perform the necessary functions, and to cross-train the staff to do all necessary tasks.
Specific services to be provided by the contractor are outlined in the following tasks.
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A ichment No. 1 Pna 2 of 8
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Task 1:
Input data into the navroll. navnent and accountino sv' stems.
The contractor shall input financial transactions into the payroll, The contractor will adhere to the payment and accounting systems." Detailed Procedures for Data Entry Contractor" ref Source document.
Volumes provided are estimates and may vary.
documents may be revised over due.
A new accounting system is to be implemented on October 1, 1992.
The contractor will be fully trained in the operation of the new nystem.
Travel:
Annual volume - 130,000 transactions Transactions include, but are not limited to obligations, advances, transportation ticket payments and credits including Government Transportation Requests and Government Bills of
- Lading, and voucher payments including Change of Station vouchers. The data entry for
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transportation payments is more ocuplex and requires a
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The Computer Technician rather than a Data Entry person.
contractor also accomplishes data entry to Treasury's Electronic Certification System (ECS).
The contractor may also be assigned to enter remittances, allotments and accounting corrections.
NRC Form 279, Official Travel Source Documents Authorization; NRC Form 279A, Change of Station Official Travel Authorization, NRC Forms 64 and 64A, Travel Voucher; SF 1164, Claim for Reimbursement of Expenditures on Official Business; SF 1113, Public Voucher for Transportation, Charges; SF 1170, Redemption of Unused Tickets, SF 1103, U.S. Government Bill of Lading.
General Accounting:
Annual volume - 40,000 transactions Transactions
- include, but are not limited to, the entering of commitment, obligation and payment transactions into the central accounting system.
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A.achment No. 1 Page 3 of 8 k-.
(3) y License Fee:
Annual volume - 20,000 transactions Input license applications into the license tracking system and input name and address changes into the MATSYS (materials) and FACFEES (facilities) billing systems and enter billings and receipts into the central accounting system.
Payroll:
Annual volume - 100,000 transactions Transaction types include, but are not limited to, bi-weekly time and attendance (NRC Form 704), Combined Federal Campaign (Form CFC-840), and Change in Health Benefits (Form 2809).
Total estimated level of effort for Task 1:
1 Computer Technician (designated as Key Person) and 5 3/4 Data Entry Task 2 Verify and reconcile data innut and perform as acting Sunervisor when necessarv.
The contractor shall verify data input and ensure that transactions Data input and transaction posting shall be are posted correctly.
verified and corrected on a daily basis by comparing computer Accounting and generated transaction listings to source documents.
On travel reports shall be analyzed and reconciled at month-end.
the contractor shall verify the accuracy of data a weekly basis, input by comparing a sample of source documents to transactions in the accounting system and prepare a weekly sampling Report to the This person will perform as the Supervisor when NRC Task Manager.
the Supervisor is not present.
Estimated level of effort for Task 2:
1 Computer Technician (Designated as a Key Person).
A..achment No. 1 Page 4 of 8
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M (4) 1 Operate document trackina systems.
Task 3 The contractor shall operate various central accounting system and PC-based document control systems and shall retrieve preprogrammed reports on a daily basis.
The contractor shall answer inquiries
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from the NRC Project Manager (OC), concerning the status of financial documents being tracked.
Estimated level of effort for Task 3:
1 Computer Technician (designated as Key Person) i i
Distribute financial forms and reports Task 4 The contractor shall break down and distribute payroll, travel and accounting reports and payroll Earnings and I, eave Statements.
Reports are to be broken down by various criteria such as allottee or Time and Attendance unit.
i Estimated level of effort for Task 4:
1/4 Data Entry i
Data input, reconciliation, and reportina support for the Task 5 Division of Budoet and Analysis (DBA).
i Operate the PC-based COMEDO system for DBA.
Input commitments, obligations and summary payment: data into COMEDO.
Generate reports daily and retrieve ad hoc reports upon preprogrammed Verify data input by comparing the source documents to l
request.
the transaction listing. Reconcile data reported by COMEDO to data reported by NRC's central accounting system.
Highlight and l
research discrepancies and recommend method of error correction.
Input allotments, program values and commitments into NRC's central accounting system.
Expertise in using PCs and knowledge of administrative procedures is required.
Source documents:
- Requisition for Supplies, Equipment or Labor ServAces, NRC Form 64 - Travel Voucher, NRC Form 103 - Purchase Order, NRC Form 279 and 279A - Official Travel Authorization and Change of Station Travel Authorization, NRC Form 365 - Nomination and Authorization for Cash Awards, NRC Form 400 -
Request for Procurement Action, NRC Form 448
- Request for Expert or tiember, and NRC Form 468 -
Appointment of a Consultant, Request and Authorization for Expenditure of Of ficial Entertainment Funds.
Estimated level of effort for Task 5:
3 Data Entry
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- hment No. 1 Page 5 of 8
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f (5) i Task 6:_
Ouality Control and Supervision
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The contractor shall:
4 Supervise the activities _of all contract 1.
personnel.
2.
Distribute and monitor work of all contract personnel.
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y Ensure thett data'is input properly (at a l
3.
minimum through daily verifications and Weekly Sampling Reports) and initiating l
corrective action where problems have 1
been identified.
4.
Immediately advise NRC Task Officer of system problems, significant data entry problems, or areas requiring assistance i
to correct errors.-
5.
Ensure that documents are processed on a first in/first out., basis within two work l
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days.
C 6.
Fully train all contract regular l
personnel and contract back-up personnel to perform the duties covered under this task order, provide for sufficient cross-
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training.of personnel, and provide the NRC Task / Officer with a listing of who performs what duties.
This will be at least on a monthly basis.
I 7.
Prepare informal desk procedures for contract personnel to ensure that l
i contractor functions are performed in a standard and consistent manner.
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Estimated level of effort for Task 6:
1 Supervisor (designated as Key Person) i 4
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achment No. 1 Page 6 of 8 (6)
Total estimated level of effort for the 6-month period for Tasks 1-6 are as follows:
1 Supervisor 1,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> 3 Computer Technicians 3,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> 7 Data Entry 7.000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> TOTAL 11,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> III.
REQUIRED PROCESSING TIME FRAMES AND 00ALITY All documents received by the contractor shall be processed by the end of the work day following the day that the documents were received with the exception of documents to be entered into the central accounting system which shall be processed by the end of the second work day following the day that the documents were received. The contractor shall review the work processed to identify and correct any errors by the end of the work day following the day that the work was processed. Any errors identified and corrected shall be documented and provided to NRC.
NRC personnel may also review for errors and provide identified errors to the contractor.
The contractor shall correct any such identified errors by the end of the work day following the day that the contractor was advised of the errors.
IV. REQUIRED CATEGORIES OF CONTRACTOR PERSONNEL Required categories of contractor personnel to accomplish the described functions are as follows.
Site Supervisor THIS POSITION IS A DESIGNATED KEY POSITION This person shall:
J 1.
Supervise the activities of all contract personnel.
2.
Distribute and monitor work of all contract personnel.
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Attachment No. 1 Page 7 of 8
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M (7) 3.
Ensure that data is input properly (at a minimum through daily verifications and Weekly Sampling Reports) and initiating corrective action where problems have been identified.
4.
Immediately advise NRC Project Officer of system problems, significant data entry problems, or areas requiring assistance to correct errors.
5.
Ensure that documents are processed on a first in/first out basis within two work days.
6.
Fully train all contract regular personnel and contract back-up personnel, including a back-up for the on-site Supervisor position, to perform the duties covered under this task order, provide for sufficient cross-training of personnel, and provide the NRC Project Officer with a listing of who performs what dutic.i. This will be at least on a monthly basis.
Prepare informal desk procedures for contract 7.
personnel to ensure that contractor functions are performed in a standard and consistent manner.
At least four years in data processing or Minimum qualifications:
Must understand large automated accounting systems and accounting.
Must have the ability to manage multiple functions and personnel.
also be able to communicate effectively with the NRC Project Officer as to ongoing operational or personnel issues or questions.
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D3 a Entry Operator l
t Input data from source documents into various financial management and accounting systems.
Prepare financial forms and schedules.
documents through a manual or automated document Track tracking system, determine the status of individual documents in the system and retrieve reports on document status from the system.
Prepare documents for input into various financial management and accounting systems.
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4 Attachment No. 1 Page 8 of 8 i
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J Verify correctness of data entered before updating the system.
Distribute or prepare for distribution financial forms and reports.
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Ability to interpret raw data from source Minimum qualification:
documents and input data into financial management and accounting Must be able to alphabetize forms and add numbers.
systems.
, computer Technician THIS POSITION IS A DESIGNATED KEY POSITION Input data from source documents into various financial management and accounting systems including transactions of a more complex nature.
Track documents through a manual or automated document tracking system, determine the status of individual documents in the system; retrieve or modify reports from the system, and make recommendations for needed corrections of identified 7
errors.
s Prepare documents for input into various financial management and accounting systems.
Verify correctness of data entered by themselves and other contractor personnel before updating the system.
Provide specific recommendations as to needed corrections for line items appearing on reports.
Minimum qualifications:
Must meet the minimum qualification of the Data Entry Operator plus must have the ability to research and correct financial transaction errors.
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chment No. 2
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3 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
l MODIFICATION (NOV 1990)
(a) Definition.
The definitions set forth' in FAR 3.104-4 are hereby incorporated in th h clause.
'I (b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting _
l Officer in connection with the execution of any. modification of this t
contract.
t (c) Certification. As required in paragraph (b) of this clause, the i
officer or employee responsible for the modification proposal shall execute 1
the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY--
t MODIFICATION (NOV1990)
(1)
I, (Name of certifier)
, am the.
officer or employee responsible for the preparation of this modification-proposal and hereby certify that, to the best of w knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of i
subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement i
Policy Act, as amended * (41 U.S.C. 423), (hereinafter referred to as "the l
Act"), as implemented in the FAR, ' occurring during' the conduct of this procurement (contract and sodification number).
t (2) As required by subsection 27(e)(1)(B) of the Act, I further certify
-l that to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of (Name of Offeror) who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the i
requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any infomation concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as i
implemented in the FAR, pertaining to this procurement.
(3) Violations or possibic violations:
(Continue on plain bond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation Sheet), enter NONE if none exists) i
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(Signature of the officer or employee responsible for the modification proposal and date) i (Typed name of the officer or employee responsible for the modification l
proposal)
- Subsections 27(a), (b), and (d) are effective on December 1,1990.
Subsection 27(f) is effective on June 1,1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION O OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of Certification) t In making the certification in paragraph (2) of the certificate, the (d) officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic These certifications shall be obtained at the earliest possible training.
date af ter an individual required to certify begins employment or association with the contractor.
If a contractor decides to rely certification executed prior to the suspension of section 27 (i.e., prior to December 1,1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee's employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification.
(End of Clause) d
A " chment No. 3
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PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEp 1990) j 52.203-10 The Government, at its election, may reduce..the price of a fixed price j
(a) type contract or contract modification and the total cost and fee under a cost-type contract or contract modification by the amount of profit or fee t
determined as set forth in paragraph (b) of this clause if the head of the contracting activity or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal procurement Policy In the case of a Act,.as amended (41 U.S.C. 423), as implemented in the FAR.
contract modification, the fee subject to reduction is the fee specirted in the particular contract modification at the time of execution, except as provided in subparagraph (b)(5) of this clause.
(b) The price or fee reduction referred to in paragraph (a) of this clause shall be-For cost plus-fixed-fee contracts, the amount of the fee specified (1) in the contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or " fee floor" specified in the contract.
(3) For cost-plus-award-fee contracts (1) The base fee established in the contract at the time of contract award; (11) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.
(4) For fixed price-incentive contracts, the Government rnay-(1) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (11) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.
(5) For firm-fixed price contracts or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount determined by the Contracting Officer from records or documetas in existence prior to the date of the contract award or enodification.
i bchmentNo.3 Page 2 of 2 The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for (c) violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontrac't at the time the subcontract was first definitively priced.
In addition to the remedies in paragraphs (a) and (c) of this clause, (d) the Government may terminate this contract for default. The rights and, remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this 1
contract.
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3Chment No. 4 l yd 1 of 1 CERTIFICATION AND DISCIDSURE REGARDING PAYMENTS l
70 INFLUENCE CERTAIN FEDERAL TRANSACTIONS
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(FAR 52.203-11) (JAN 1990)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief as of December 23, 1989, that--
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or empbyee of any agency, a Hember of Congress, an officer or employee of t
Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code.
Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than
$10,000, and not more than $100,000, for each such failure.
(End of Provision)
A' chnient No. 5 -
Pc.s 1 of 2 52.222-18 NOTIFICATION OF EMPLOYEE RIGirrS CONCERNING PAYMENT OF UNION DUES OR FEES (May 1992)
(a) During the term of this contract, the Contractor agrees to post a notice, of such size and in such form as the Secretary of Labor may prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted.
The notice shall include the following information (except that the last sentence shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C.
151-188)):
Notice to Employees Under Federal law, employees cannot be required to join a union or
. maintain membership in a union in order to retain their jobs. Under
~ certain conditions, the law permits a union and an employer to enter into -
a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or griev.2nce adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may wish to contact either a Regional Office of the National Labor Relations Board, or the National Labor Relations Board, Division of Information,1717 Pennsylvania Avenue, NW, Washington, DC 20570.
(b) The Contractor will comply with all provisions of Executive Order 12800 of April 13, 1992, and related rules, regulations, and orders of the Secretary of Labor.
(c) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (a) or (b) of this clause, this contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive Order 12800 of April 13, 1992. Such other sanctions or remedies may be imposed as are provided in Executive Order 12800 of April 13, 1992, or by rule, regulation, or order of the Secretary of Labor, or as are otherwise provided by law.
(d) The Contractor will include the provisions of paragraphs (a) through (c) in every subcontract or purchase order entered into in connection with this contract unless exempted by rules, regulations, or orders of the Secretary of babor issued pursuant to Section 3 of Executive Order 12800 of April 13, 1992, so that such provisions will be binding i
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- hment No. 5 Page 2 of 2 upon each subcontractor or vendor.- The Contractor vill take such action with respect to any such subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance; provided, however, that if the Contractor becomes involved in litigation with a t
subcontractor or vendor, or is threatened with such involvement as a result of such direction, the Contractor may request the United States to f
enter into such litigation to protect the interests of the United States.
(End of Clause)
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A chment No. 6 Page 1 of 2 4
DRUG-FREE WORKPLACE (FAR 52.223-6)
(a) Definitions. As used in this clause.
' Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
- Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, t
possession or use of any controlled substance.
" Drug-f ree workplace" means a site for the performance of work done in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful fa manufacture, distribution, dispensing. possession, or use o controlled substance.
" Employ <.c" means an employee of a contractor directly engaged
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in the performance of wort under a Government contract.
" Individual" means an offeror / contractor that has no more than one employee including the of feror/ contractor.
l if other than an individual, shall --
(b) The Contractor, (1) Publish a statement notifying its employees that the unlawful manuf acture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such l
employees about--
1 (i) The dangers of drug abuse in the wo'rkplace; f
(ii) The contractor's policy of maintaining a drug-frec wortplace; and (iii) Any available drug counseling, rehabilitation, employee assistance programs; and employees for drug (iv) The penalties that may be imposed upon A>:sc.id n inn, cccurrin ; in tha sortplace
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Page.2 of 2 e
(3) Provide all employees engaged in performance of the l
contract with a copy of the statement required by subparagraph l
(b)(1) of this clause; (4) Notify such employees in the statement required by subparagraph (b)(1) of this clause, that as a condition of the employee will --
continued employment on this contract, and (i) Abide by the terms of the statement; (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later i
than five (5) days af ter such conviction.
(S) Notify the contracting officer within ten (10) days af ter f
receiving notice under subdivision (a)(4)(ii) of this clause. rom an employee or otherwise receiving actual notice of such I
conviction; (6) Within 30 days after receiving notice under subparagraph impose the following (a)(4) of this clause of a conviction, sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a
'~
drug abuse assistance or rehabilitation program approved for such t
r purposes by a federal, State, or local health; law enforcemen, o other appropriate agency.
i to maintain a drug-free workplace (7) Hale a good faith effort h (b)(6) of through implementation of subparagraphs (b)(1) throug this clause.
if an individual, agrees by award of the h
contract or acceptance of a purchase order, not to engage in t e (c) The Contractor, 4
se unlawful manuf acture, distribution, dispensing, possession, or u of a controlled substance in the performance of this contract.
(d) In addition to other remedies availabic to the Government, j
f the Contractor's failure to comply with the requirements o 23.506, paragraphs (b) and (c) of this clause may, pursuant to FAR j
1 t
render the contractor subject to suspension of contract paymen s, t
and suspension or termination of the contract for def ault, 1
deberment.
(End of Clause) 1 1
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~+d 03/02/93 PROCUREMENTS AWARDED IN THE LAST THREE WEEKS PAGE 42 NEW AWARDS ARE SHDWN AS MOD 00 CONTRACT NUMBER MOD NUMBER TITLE EXECUTED 39-89-133-012 04 TASK ORDER NUMBER 12 - DATA ENTRY FOR OFFICE 02/10/93 0F THE CONTROLLER 4o u
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