ML20040G480
| ML20040G480 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/21/1981 |
| From: | Hagan T, Poulos S GEI CONSULTANTS, INC. (FORMERLY GEOTECHNICAL ENGINEER, NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20040G478 | List: |
| References | |
| CON-FIN-B-8035, CON-NRC-03-82-092, CON-NRC-3-82-92 NUDOCS 8202160085 | |
| Download: ML20040G480 (48) | |
Text
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on.osA NRC-03-82-092 12/21/81 NRR-82-092
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FOS ofiti-U.S. Nuclear Regulatory Conmission Division of Contracts Oma tsa
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Washington, DC 20555
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ractury coos t e. o<5coum 'O' no=" **'=rm NAME AND ADCEE$$
f-l Net Geotechnical Engineers, Inc.
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1017 Main Street "4 N ed's Winchester, MA 01890
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12-PAYMENT WILL BE MADE sy CooEl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ATTN: Joseph Kane, Project Officer Office of the Controller Division of Engineering, M/S P-214 Washington, DC 20555 Washington, DC 20555 g io v.s.c. 23o4. i is mis nocun rNr -As Aomnsio. O moonAno. rv.suAm 10.
Q i v.sc. rs:i.: lo Id. ACCOUNT G AND APPtoPRJAfiON oATA B&R No.
FIN No.
Appropriation
$64,967.00 20-19-40-41-2 B8035 31X0200.202 Is.
. la I F.
13.
39.
20.
tit.s NO.
SUPPtits/st avicf 5 Q u a NT11, UFCT UNIT PaiCf AmOUN'T A.
The contractor shall provide technical assistanc e to the NRC in performance of a project entitled
" Foundations and Underpinning:
Review of Remedial Measures for Structures on Fill for Hidland Plants 1 and 2" as defined herein and ir accordance with the contractor's proposal dated December 11, 1981, which, as revised by letter dated December 17, 1981, is incorporated herein<
by this reference.
B.
Article III - Consideration and Payment is '
revised to read as follows:
0202160085 811221 PDR CONTR NRC-03-82-092 PDR si.
total Auoust er coutmact s 64.967.00 CONTRACTING OFFICER u*lLL COAtPLETE BLOCK 22 OR 20 AS APP 11 CABLE
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" Article III - Consideration and Payment A.
Ceiling Price The ceiling price to the Government for performance of the work specified in Article I herein shall not exceed $64,967.00.
B.
In constderation of the satisfactory performance of the work specified herein, the contractor will be paid for each man-hour of performance in accordance with the following fixed rates (which include a base hourly rate, indirect costs and profit) for services performed up to the maximum number of hours set forth below:
Ceiling Hourly Est. Total Labor Category Est. Hrs.
Rate Amount Principal Investigator (PI) 320
$80.00
$25,600.00 Assistant PI 50 48.29 2,414.00 Engineer IV 100 38.50 3,850.00 Engineer III 20 32.56 651.00 g
Engineer II 30 31.24 937.00 Draftsperson 40 19.99 800.00 Secretary 120 24.67 2,960.00 Principal Consultant 160 100.00 16,000.00 Consultant 40 45.00 1,800.00 C.
Under the terms of this Labor-Hour contract, the contractor agrees that the work to be performed under Article I shall be accomplished within 880 hours0.0102 days <br />0.244 hours <br />0.00146 weeks <br />3.3484e-4 months <br /> (ceiling), unless otherwise modified by the Contracting Officer.
The contractor may vary the number of labor hours used among the labor categories specified in paragraph B, above but the total labor hours effort may not exceed 880 hours0.0102 days <br />0.244 hours <br />0.00146 weeks <br />3.3484e-4 months <br /> nor the ceiling amount for labor hours established as $55,012.00.
Any costs incurred in excess of the ceiling amount for labor hours established as $55,012.00 shall be borne by the contractor.
D.
For all other direct costs, the contractor shall be reimbursed only as described below: '
Travel - not to exceed $8,455.00 (see Article IX)
Reproduction - not to exceed $1,500.00 E.
While the contractor shall be paid for each man-hour of performance, and travel costs as provided for in paragraph B., C., and D. above, it is understood and agreed that the total amount to be paid to the contractor shall not excee.d the ceiling amount of $64,967.00 set forth in paragraph A.
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F.
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 2 of the General Provisions hereto, as amended."
C.
Under Article V - Key Personnel, the following individual is designated l
as " Key Personnel" for purposes of this contract:
"Dr.S.Pouloys" D.
Under Article VII - Project Officer, the following individual is designated as " Project Officer" for purposes of this contract:
Joseph Kane E.
Article IX - Travel Reimbursement is revised to read as follows:
" Article IX - Travel Reimbursement Total expenditure for domestic travel shall not exceed 58.455.00 without the prior approval of the Contracting Officer.
The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the contracting Officer:
1.
Per diem shall be reimbursed at a daily rate not to exceed
$50.00 The per diem amount is comarised of lodging expense plus $23.00 for meals and miscellaneous expense.
2.
When travel is to one of the high-rate geograohical areas listed below, actual subsistence costs shall be reimbursed at a daily rate not to exceed 3
the rates ir.dicated:
Bethesda, Maryland
$75.00 t
Washington, DC 75.00 Ann Arbor, Michigan 56.00 Midland, Michigan 50.00 3.
The cost of travel by priva~tely owned automobile shall be reimbursed at the rate of 20.5c per mile i
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4 4.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available. _ If not available, reimbursement vouchers will be annotated that economy class accommodations were not available.
First-class air travel is not authorized.
6.
Receipts are required for common carrier transportation, ledging and miscellaneous items in excess of 515.00."
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I os 3OLICITATION. OFFER AND AWARD a.v 1
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Mrs. Patricia Sn.ith (301) 492-4294 SCH EDULE j,
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SEE PART III 0F THIS SOLICITATION PACKAGE s -
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CFFER ncages 2 ama 3 ms st a:so Oe fwty ccmc.etec cy Caterc<,
la C0mCN.orte wdh the GDowg. IMe Waae, sage.a agrees of IM.s off e, et.cceotea **.tMan Cartaaer aavt (Ma' eat'ar darf wa'#E8 4 #sife, ear pread.8
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l US Nuclear Regulatory Comission Office of Controller Washington, DC 20555 20 %e.s t CF CO%rnaC? *=G C8 8 c t a, r,,..,,,,
- 39. UNITED STATES CF AMERICA M*=*acOut BY t S.Q~8tu e Cf CCarracr>py Of*4 erb r
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W8 0FFEROR'S DUNS NUMBER:
05-782-452.4
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- PRINCIPAL PLACE OF PERFORMA X E:
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2 CLEAN AIR AND WATER Acorocaote of the boa or offer escreas $100 000.or the sontractmg officer nas cetermined enar oroers under ar. ondefonote quantity contract.n any year well escera 5100 000. or a facitory to be used has been the subrect of a con iction v
ncer the Cean Aar Act of2 V S.C 1857c.8(cIl!) lor the feceral Water Pollution Control Act (33 U S C 1319tell ano a rosted cy EPA a
or s ~.2t otherwose exerrvot o The oidder or of feror Certifies Js foilows.
ia Any facihty to be utilifed in the performance of this proposed contract C nat. [has not, been listed on the E%ironmental 88'olection Aqer*Cy list of V'olaimg Facilities
.bs He aul prornotly notify tne contractmg officer, prior to anarc.ot the receiot of any communication from the Director. Of fice of cwe,si Activities. Environmental Protection Agenes. indicatmg tnat any facihty wnich he proposes to use for ine performance of the
- ontract is.,nder considvat.un to L. s..m; o.i die CPA hst of Violating Facihtees.
4 (c) He will include substantiaily this certification, including this paragraph (c), in every noneuempt subcontract.
1 3.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISee car 19 on SF 33-AJ tai 8f submisuon of this offer the offeror certifies, and in the case of a joint offer, eacn party thereto certifies as to.ts own organitation. that in Connection with this procurement:
(1) The orices in Inis offer have been arrived at indepenoently. without consultation, communication, or agreement. for the
.;w oose of restr% ting c mpetition, as to any matter relating to such prices with any other offeror or with any Competitor r
4 (2) Uniess otnerwise reou' red ov taw. the prices wnich nave been cuoted in this offer have not been knowingiv disclosed by the 2Wror arat west not knuwingiv be disclosed by the off eror prior to opening en the case of an advertised procurement or prior to awed in the case of J negotiated procurement.cirectiv or inds'ectly to any other offeror or to any Competitor; and (31 No attempt mas been made er mit be made by the of ferer to induce any other person or firm to submit or not to submit an d
'it'er fc,r tnat purpose af restricting competition.
ibi Each aerson signing this offer certifies that:
(11 He is the person in the offe or's organization responsible within that organization for the decision as to tne prices temg
>t'ered here n and that ne Pas not participated and will not participate. in any action contrary to (a)(11 througn f all3). above. or
- 2) of He is not the person in tne offeror's organization responsible witnin tnat organization for the decision as to the prices
- eing offered merem but that he Pas been authoriz.d in writing to act as. agent for the persons responsible for such cecision in certif ying that
,e persons have r of oarticipated and m.1 not participate, in any action contrary to lalill through fal(3) above, and as tf9eir agent does hereoy so certity, and ins ne has act participated, and will not participate. in any action contrary to (a)(1) through (alt 3) above.
4 CERTIF CATICN CF NCNSEGREGATED FACILITIES i Apenc3 ate to til contracts. QI si ocontracts. ana as agreements aren
.sco.mants ano are themselves performong federally assisted construction contracts. escerorng 510.000 which are not esempt from the -
prevossons of the Equat Ocoortunoty clauseJ By ?ne submission of tnis bid, the bidder offeror, appheant, or subcontractor certifies that he does not mamtain or provide for his emo:os ees any segregated tac:hties at any of his estabhshments. and that he does not permit his ernployees to perform their services at any Watinn andar nas contros, wnere segregated f acihties are maintained. He certifies furtr:er that he will not maintain or provide for nos employ.
ees.nv segregated f acilities at any of his estabbsnments and tnat he will not permit his employees to perform their services at any Iccation, unefer his contros, wnere.aregated facihties sre maintained. The bidder, offeror. applicant. or subcontractor agrees tnat a breach of this cer.
tification is a violation of the Ecual Opportunity clause in this contract. As used in this certification, the term " segregated f acilities means ativ aait.ng ruems, work areas, rest 'coms ano wash rooms, restaurants and other eating areas, time c!ocks, locker rooms and other storage or tiresung areas, parbng lots. armking fountains. recreation or entertainment areas. transportation, and housmg faciuties provided for employees which are segregated by emphcit directive or are in fact segregated on the basis of race. color, rehgion or national origin, because of haoit, local custom or otherwise He 8urther agrees that (except where he has obtamed identical certifications from prooosed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontrJcts exceeding $10.000 wnich are not exempt from the provisions of the Eaual Coportunity clause; tnat he will retain such certifications in his '.les, and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifecations for specific time periods):
l Notice to prospective subcontrac ors of reouirement for certifications of nonsegregated facahties.
A Ceetif. cation of Nonsegregated Facihties must be submitted prior to the award of a subcontract exceedmg S10.000 which :s not j
smempt from the provisions of the Ecual Opportunity clause. The certification may te submitted entner for each sut, contract or for all succontr cts during a period (i.e.. ouarterey, semiannualty. or annuativ). NO TE. The venalty for making /asse otte's is prestriced m fB l
v:C toot Continued On Page 4 sovicueur **c
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su m uverso wt ACKNOWLEDGMENT OF AMENOMENTS The orferor acknomeoges receipt of amend.
/[fdG h 2 //f/
j ments to 'ne Sosotanon for offers and rested docuanenta numoored and saied as toilows.
1 l
v0 TE Otter: nust set tortn tuir accurate ana i:omotete information as recused oy this Sotocarstion onctucing attuwentu Tne oe"anty
- sr maernau taise statements.a otters os cre:crobed.n 18 J S C.1001 siaace.s u.m aa Noe a m e
'Page 4 t
PART I Representat'ans, certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSINESS
~
Concern is G is not 8 a woman-owned business. The bu_siness is publicly owned, a joint stock association, or a business trust / / yes [ no. The business is G certified g not certified.
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A woman-owned business is a business which is,.at least, 51 percent owned, i
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, joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily represent that they are, or are not, woman-e owned if this infonnation is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
7.
NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001) j The offeror hereby certifies as follows:
g (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 4
because of their age except upon the basis of a bona fide occupa-l tional retirement plan, or statutory requirement, and g (b) That contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit j
for such employment unless the specified maximum age limit is l
based on a bona fide occupational qualification, retirement plan, j
or statutory requirement.
8.
CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used l
as required by specificatiens referenced in the solicitation / contract.
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9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to 6edee 6,m / ( 4,,eces/.u.
of a conlract or the modification of an existing contract coes L_. or coes not /2( involve situhtions or relationships of the type set forth in 41 CFR paragrapn 20-1.5403(b)(1).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing wnich describes in a concise manner all relevant factors bearing on his represen-4 i
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, I
(b) disqualify the offeror, or (c) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 8 20-1.5411.
The refusal to provide the representation required by 820-1.5404(b) or upon request of 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 disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or the resulting contract.
j The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements 2
of work contained in an RFP unless the RFP specifically prohibits such i
exclusion. Any such proposed exclusion by an offeror will be considered
[
by the NP.C in the evaluation of proposals.
If the NRC considers the pro-posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
l 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 offeror will be pennitted to correct the omission.
Any contract resulting from a solicitation requirement shall include
[
general clauses (41 CFR 20-l.5404-1) prohibiting contractors from
[
engaging in relationships which may give rise to an actual or apparent b
conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
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10.
COST ACCOUNT!HG STANDARDS (Applicable only to negotiated contracts exceeding
$100,000 except when: see Federal Procurement Regulation, Temporary Regula-tion 44 dated March 29,1978).
It has been determined by the Contracting Officer or his duly authorized representative that this requirement is not in support of tne national defense pursuant to 4 CFR 331,20(b).
A.
COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below.
Checking the box below shall mean that the resultant contract is subject i
to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
[]f' The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during his cost accounting period immediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during that cost accounting period. The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer immediately.
CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or more or if, during their current cost
}
accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more.
B.
COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from this solici-tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR ll-3.1204-2(a))
and Administration of Cost Accounting Standards (FPR 51-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a national defense contract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR ll-3.1203-2(a) and (c)(4)).
Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting Practices - Nondefense Contract (FPR ll-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR ll-3.1204-1(b)) if the award is (i) the first nagotiated contract over $500,000 in the event thc award is a contractor's business unit that is not performing under any CAS-covered national defense or nondefense contract or subcontract, or (ii) a negoti-ated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS-covered national defense or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR ll-3.1203-2(a) and (c)(4)). This solicitation notice is not applicable to small business concerns.
__m__.__-_
_m.-____.___.
Page 7 Certificate of CAS Applicability The offeror hereby certifies that:
A.
6 It is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to cost accounting standards.
B.
@ 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 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 imediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.
D.
/7 It is an educational institution receiving contract awards iubject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21).
E.
/7 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.
C It is a hospital.
NOTE: Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition may be detennined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR ll-3.120302(c)
(4)(iv)).
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).
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l 4
'Page 8 Data Required - CAS Covered Offerors The offeror certifying under A or B above but not under 0, 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 i
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 become effective upon the o fferor.
name of CD:
Mary Jo M a./H a i
Address; 13 3. Atau /ene Mea,as /<< h car cenr an s won D/ v o's r o or c f f onten e rs Telephone ho.:
Go/ # q 2.
</ 2. q c/
Standards not yet applicaole:
'c; v?1
</: q',' fuone r
i
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4 m
t
Page 9 PART !!
SOLICITATION INS 1RIJCTIONS AND CONDITIONS
- 1. DEFINITIONS.
- 7. LATE Bili $. MODlHCATIONS OF 8105. OR WITHDRAWAL OF EIDI-As used herein:
(al The term " solicitation" means Invitation for Bids (IFB) where (a) Any bid n rene d a. ihe iaN r t<.ie iai, d in the schritation af ter the procurement is advertised and Request for Prorosal (RFP) where iSe raai t time speri6ed for r.ce.pt. H..nt be considered unicis it is the procurement is nesotiated.
receau d before award i. rr.ui..ml. i.h. e-(b) The term "oTer" means bid where the procurement is adver.
(1J lt was sent la rrcisse mi... e crtihed enael not later than the used, and proposal where the procurement is negotiated.
6fth calendar das prior to the stas. sp. ihrd f.ir the receipt of bids
..v.u itatmn trquirine receirt of (c) For purposes of this solicitation and Block 2 of Standard Form f a g., a bid sobmitted m cesa n..
s.
33, the term " advertised" includes Small Business Restncted Adver.
bids by the 20th of the month rnust h.su 're rs insiird by the 15th or tising and other types of restricted advertising.
earlier ) ; or (2) It was sent bv mail i..
- t. 'etram if authonard) and it is
- 2. PREPARATION OF OFFERS.
determined by the Government that the f air receipt was due solely to (a) 06erors are expected to examine the drawings, speci6 cations.
mishandling by the Government afie r rerrmt at the Government Schedule and all instructions. Failure to do so will be at oKeror's installation.
nak.
(b) Any modinration or wisheirawal of a hiet is subject to the same (b) Each oRetor shall furnish the information required by the conditions as in 4 al, abovt A had may aim be withdrawn in person solicitation. The oReror shall sign the solicitation and pnnt or type by a bidder or his authonzed representative. provided his identity is his name on the Schedule and each Continuation Sheet thereof on made known and he signs a recript for the hid. but only if the with-whi$h he makes an entry. Erasures or other chansen must be initiated drawal is msde gnor to the ruart time set for receipt of bids.
by the person signmg the oder. Offers signed by an agent are to be (c) The onfv acceptable evidence to estabhsh:
accomparued by evidence of his authonty unless such evidence has
'(1) The daic of mailing ef a late bid, modincatinn. or witi drawal been previously furmshed to the issuing edice.
sent either by registered or certi6cd mail is ehe U.S Postal Service (c) Unit price for each unit oRered shall be shown and such pnce postmark on both the envelope or wrapper ancf on the original receipt shallinclude pack ng unies otherwise specified A total shall be entered frora the U.S. Postal scrwce if neiiht r postmark shows a legible date, in the Amount colurun of the Schedule for each item onered. In case the bid, modi 6 cation. or withdrawal shall be deemed to have been of oiscrepancy between a unit pnce and extended pnee, the unit price mailed late. (The term " postmark" means a pnneed, stamped. or other-wise P aced impresuon (encluswe of a postage meter machine impres-l will be presurned to be correct, subject, however, to correction to the same entent and in the same manner as any other rmstake.
sion) that is readily identi6able without further action as having been (d) Oders for supplies or services other than those speci6ed will not supphed and affined on the date of mailing bv employees of the U.S.
be considered unless authonsed by the solicitation.
Postal Service. Therefore, enerors should request the postal clerk to (e) Oderor must state a dennite time for delivery of supplies or place a hand cancellation bullhye " postmark" on both the receipt for performance of services unless otherwise spec 6ed in the solicitation.
and the enyt' ope or wrapper.)
(f) Time. if stated as a number of days, will include Saturdays, (2) The time of receipt at the Covernment installation is the Sundays and holidays.
time-date stamp of such installation on the bid wrapper or other (g) Code bones are for Government use only.
documentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late modin-
- 3. EXPLANATION TO OFFERORS. Any explanation desired by an cation of an otherwise successful bid which makes au terms more cderor regarding the meaning or interpretation of the solicitation, favorable to the Government will be considered at any time it is re-itswings, speci6 cations, etc., must be requested in wnting and with ceived and may be accepted.
sufEcient time allowed for a reply to reach oRerors beft re the sub-Note: The term "teleeram" includes maileraros.
mission ~ of their oders. Oral explanations or instructions given before the award of the contract will not be bmding. Any information given
- 8. LATE PROPOSALS. MODIFICATIONS OF PROPOSALS, AND ITHORAWALS OF PROPOSALS.
/
to a prospectise alleror concernang a sohcatation will be furnished to all prospective oderors as an amendment of the solicitation, il such (a Any proposal received at the orlice desirnated in the solicita.
information is necessary to oderers in submittmg oEers on the solicita-tion a ter the exact tame spec 6ed for receipt will not be considered tion or if the lack of such information would be prejudicial to un-unless itys received before award is made, and:
informed onerors (1) u was sent by registered or certi6ed mail not later than the Efth calendar day pnor to the date speci6ed for receipt of oders (e'g
- 4. ACKNOWLEDGtAENT OF AMENDMENTS TO SOLICITATIONS, an oder sub'roitted in rt. curse to a solicitation requinng receipt of Receipt of an amendment to a solicitation by an oRecor must be o6ers by the 2 th of the month must have been ma4 led by the ISth or acknowledged (a) by signing and returning the arnendment, (b) on earlier) ;
thne of Standard Form 33, or (c) by letter or telegram. Such (2) It was nt by mail (or telestram i uthorized) and it is ac ownedgment must be received prior to the hour and date spec Aed determined by the overnment that the lat receipt was due solely for receipt of oders.
to mishandling by t Covernment after cipt at the Government installation; or
- 5. SUBMISSION OF OFTERS.
(3) It s the only reposal receive (a) Ofers and modi 6 cations thereof shall be enclosed in scaled (b) Any modi 6 cation a proposal. rxcept a modi 6 cation resulting envelopes and addressed to the 2Hice specined in the solititat2on. The from the Contracting Offic
's request for "best and Saal" oder,is sub-oferor shall show the hour and date speci6ed in the solicitation for ject to the same condition.. in (af t) and (a)(2) of this provision.
receipt, the solicitation r. umber, and the name and address of the (c) A modi 6 cation resultis from the Contracting OfEcer s request oferor on the face of the envelope.
for "best and Enal" oder recer d'atter the time and date specined in (b) Telegraphic eMers will not be considered unless authorized by the request will not be consad unless received before award and the solicitation; however, oRers may be modined or withdrawn by the late receipt is due solely )6 mi andling by the Government after written er telegraphic notice, provided such notice is received pnor to receipt at the Governmentjnetalia the hour and date specined for receipt. (However, see paragraphs 7 (d) The only acceptable evidence o establish:
and 0.)
(!) The date of iting of a lat proposal or modi 6 cation sent (c) Samples of items, when required must be submitted within the either by registered or cert:6ed mail is e U.S. Postal Semce post-time specined, and unless otherwise specined by the Government, at mark on both the env ope or wrapper an n the origmal receipt from no expense to the Government. If not destroyed by testing, samples the U.S. Postal Sery(ce. If neither postmar shows a legible date, the will be returned at oderor's request and expense, unless otherwise proposal or modi 6 cation shall be deemed t have been mailed late.
. The term " poet,anark" means a printed, stam
. or otherwise, placed
(
specined by the solicitation.
impression (exclusive of a postage meter machi impression) that is
- 6. FAILURE TO SUBMIT OFTER. If nty oRet is to be submitted, da readily identtnahle without further action as have been supplied and card shall he sent to the issuing office adv_spee.ined. A letter or post.
not return the solicitation unless otherwise affixed on t 'e date of mailing by employees of the S. Postal Service.
isms whether future suhe.
Therefore oserors should request the postal clerk o place a hand itations for the type of supplies or services covered by this solicitation cancella on bull's-eye " postmark" on both the receipt a d the envelope are denred. Failure of the recipient in oRer, nr in notify the issuing or wrapper.)
oNice that future solicitaisons are desired, may result in remmal of J2) The time of receipt as the Government insta. tion is the the name of such recipient from the mailms list for the type of supplies tim (-date stamp of such installation on the proposal wrap ' r or other or services covered by the solicitation.
documentary evidence of receipt maantained by the installata.
STANDARD F0srsd 33-A taew 1 733 y
Presenbed by CSA, PPR (4s CyR) 1 16.191
Page 10 E
7 (a s N.atwithstrnding ial tbi, and !r i, of this provision, a late 15 431, the Contrast bra Hours Standaatti Art ! 40 l S C 1J7 -U03, modshcation of an neli. rwise successful prope* sal which makes its terms and the Service Contract Art nt 19M # 41 U.S G. l'al M7) may be more f avorable to the Government will he considered at any time it is
. htamed trum the Deperimens of 1.4h.r. Washmatan D G Jil.'llt.
- r received and.nes i.e accepted-Irnen any regional si6 e oil that agenry. Rerpieses fear tnlunnatinn *lueinlil (f) Propo..is rn.. be withdrawn bv written or telegraphic notice melude the soh itatioti nurnber, the nanie and addece. "I the issuusu recessed at any nm, pnur to award. Prnposals mar be withdrawn in asenry, and a dew ription ni the supplies or servises person by an offerne or his authorised representative, provided his sdenuty is mad bn..wn and he s sns a receipt for the proposal prior
- 13. SELLER'S INVOICES. Invoices shall be prepared and submitted tm twtrd.
in quadruphcate (one copy shall be marked "onginal") unless other-Note: The term " telegram" includes mailgrams.
wi.e speci6ed. Invoices shall contain the following information: Con Note : ' Die alternate late proposals, modi 6 cations of proposals and tract and order number lif any), item numben, desenption of suppl 6es withdrawals of proposals provision prescribed by 41 CFR l-3 802-2(b) or services, sites, quantities, uma pnces. and catended totals. Bill of shdl be used in heu of provision 8, if specified by the contract.
lading number and weiaht of snipment will be shown for shipments
- 9. DISCOUNT 3.
made on Government bills of lading (a) Notwithstandmg the f act that a blank is provided for a ten (10)
- 14. SMALL SUSINESS CONCERN. A small business enncern for the d1y discount, pronipt pas ment discounts offered for payment within purpose of Government procurement is a concern, including its affih-less than twenty (20) calendar dass will not he considered in evalu-ates, which is independently owned and operated, n not dorninant in sting uRrra for award unless otherwise speci6ed in the solicitatson.
the 6cid of operation in which it is submitting o6ers on Government Hswever, o#ctn! disenunts of less than 20 dass will be taken if pay-contracts, and can further quahly under the crnena concerning num-ment is maur withm the dis (tmnt penod, even though not considered ber of employees, average annual receipts, or other cnteria, as pre-in the evaluation of ollrrs scnbed by the Small Business Administration. (See Code of Federal (b) In connet tson wa h ans d!scount offercJ. time will be computed Regulations, Title 13. Part 121, as amended which contains detailed from date of deliverv of the supplies to carrier when delivery and industry dennitions and related procedures.)
tcuptance are at pome of origin, or from date of delivery at dents.
natun or port of smbarkatsun when dehvery and acceptance are at
- 15. CONTINGENT FEE If the oseror, by checking the appropnate either of those points, or from the data torrect invoice or voucher is box provided therefor, has represented that he has employed or retained racived n the otfire apersed hv the Goverrment, if the latter date a company or person (other than a full. time bona fide employee work-is later than date of deiners. Pa$me nt is deemed to be made for the ing solely for the oderor) to solicJe or secure this contract, or that he purpose of earnmg the discount un the date of mailing of the Govern-has paid or agreed to pay any Ice, commission, pertentage, or brokeage ment chetL fee to any cornpany or person contingent upon or resulting from the
- 10. AWARD OF CONTRACT, award of this contract, he shall furnish in duplicate, a complete Stand-ard Form 119, Contractor's Staternent of Contingent or Other Fees II
( a rT+rrwertm ; J'
.-...J
'cr oderor has previously furnished a completed Standard turm 119 to the
-eM, m..,'...
.: 6 O..........m p
.-d
.~.
.J,.;y-.
6 - l.e office issuing this suficitation. he may accompany his nRer with a signed
.m 1 d statement (a) indicatmg when such completed form was previnvaly Ib) The Government reserves the right to reject any or all oRers furtiished (b) identifsing by namber the previous solicitation or con.
End to waive informalitws and ininor irregularities m oRers received.
tract, if any, in connection with whir.h such form was submitted, and tc! The Government mas accept an tem or group of items of any (c) representing that the statement in such form is applicable to this o6er, unless the oReror avahfies his offer bv speci6e limitations. UN-ofter.
LESS OTHERWISE PROVIDED IN file EHEDULE OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16 PARENT COMPANY. A parent company for the purpose of this TilOSE SPECIFIED, AND TilF. GOVE R.NM ENT RESERVES
!HE RICitT TO MAKE AN Aw ARD ON ANY ITEM FOR A un r is a company which either owns or controls the activities and basic QUANTITY LESS THAN TiiE QU ANTITY OFFERED AT THE business pohcies of the offeror. To own another company means the UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES parent co:npany must own at least a majonty (more than 50 percent)
OTHERWISE IN HIS OFFER-of the voting righu in that company To control another company, such (d) A wntti n award (ur Accept.,nce of 06er) mailed (or other.
ownenhap is not required; if another company is able to formulate.
wise furnished) to the successful orTeror within the time for acceptance determ ne, or veto basic bus ners pohcv decisions of the o6eror, such speci6ed in the o#cr shall be deemed to result in a bmdmg contract other company in considered the parent company of the caeror. This withrut further action by either par '
control may be esercised through the use of dominant minority voting The following paragraphs (e) th,uch (h) apply only to negotiated rights. use of proxy voting, contractual arrangements, or otherwise.
(e) e Government may accept within the time speci6ed therein,
- 17. EMPLOYER'S IDENTIFICATION NUMB'ER. ( Applicable only so any oder (or part thereof, as provided in f el above). whether or not advertised solicitations.) The oReror shallinsert in the applicable space thIre are negotiations subsequent to its receipt. unless the o#ct is with.
on the oder form, if he has no parent company., his own Empl2yer's drzwn by wntien notice recened by the Government prior to award.
used on Employer,ber (E..I. No. ) (Federal Social Security Number Identi6 cation Num If subsequent negotiations are conducted, ther shall not constitute a s Quarter!r Federal Taa Return, U.S. Trenaury rej?ction or counter oRer on the part of the Government.
Department Form 941), or,if he has a parent company, the Employer s (f) The right is reserved to accept other than the lowest oKer and Identincation Number of his parent cornpany.
to reject any or all oKers.
(g) The Government may award a contract, baard on imtial o#ers
- 13. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.
reeercid, without discussion of such oKers. Accordingly, each initial (a) This certi6 cation on the oder form is not applicable to a foreign oder should be submi'ted on the most favorable terms from a price nReror submitting an oHer for a contract which requires perfonr nce and technical candpomt which the oReror can submit to the Govern.
,, deliverv outside the United States, its possessions, and Puerto Rico, men t.
(b) An oder will not be considered for award where (a)(1), (a)(3),
(h) Any nnancial data submitted with ans oder hereunder or any or (b) of the cert:6 cation has been deleted or modined Where (a)(2) rrprssentation concemms facihties or nnancing will not form a part of the cert:6 cation has been deleted or modi 6ed, the oMer will not be of tny resulting contract; provided. however, that if the r**ulting co'n' considered for award unless the oderoe furnishes with the oder a signed tract contains a clause providing for price reductum for defectiv statement which sets forth in detail the circumstances of the disclosure er pricing data, the contract pnce will be subject to reduction a,e cost f cost and the head of the agency, or his designee, determines that such dis.
or priemg da:a fumished hereunder is incomph-narrurate, or not closure was not made tor the purpcee of restricting competition.
current.
- 11. GOVERNMENT FURNISHED PROPERTY. ' a matenal, labor, or 19 -CRDER OF PRECEDENCE. In the event of an inconsistencube.
fscilities will be furnished by the Govemmeni unless otherwise pro, tween proTv aronveLthis solicitation. the inconsisteneyahall be' resolved vsded for in the solicitation.
by givmg precedence iTTThe-feMowgm. order-f a-)'the Schedule; (b)
Solicitation Instructions ancLEenditionr%, incorporate eceral Provisions: (d)
- 12. LABOR INFORMATION. Crneral mlonnation regarding the re.
other provisiontei-eh6ntract, whether quirements of the Walsh Healey Puolk Contracta Act (4l U.S.C.
otherwise"and (e) the specincations.
nee or STANDARD FOmsd SM SecA (how. 5-783 e u s o.
..s o..w-isse-ni eur.eu
i Page 11 PART II SOLICITATION INSTRUCTIONS AND CONDITIONS (Continued) l Note the following substitutions of the paragraphs listed in the SF-33A.
8.
LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHDRAWALS OF PROPOSALS (FPR l-3.802-2(b ))
(1) Any proposal received at the office designated in the solicitation after the exact tire 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 the fifth calendar day prior to the date sper.ified 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);
(2)
It was sent by mail (or telegram if authorized) and it is detemined by the Government that the late receipt was due solely to mishand-i ling by the Government after receipt at the Government installation; (3)
It is the only proposal received; or (4)
It offers significant cost or technical advantages to the Government, and it is received before a detemination of the ccmpetitive range has been made.
1 (b) Any modification of a proposal is subject to the same conditions j
as in (a) of this provision.
(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 tem " postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifi-l 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 j
" postmark" on both the receipt and the envelope or wrapper.)
(2) The time of receipt at the Government installation is the tire-date stamp of such installation on the proposal wrapper or other docu-l mentary evidence of receipt maintained by the installation.
f (d) Notwithstanding (a) and (b) of this provision, a late modification of an otherwise successful proposal which makes its tems 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 made known anc he signs a receipt for the proposal prior to award.
NOTE: The term " telegram" includes mailgrams.
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Page 12 PART II SOLICITATION INSTRUCTIONS AND CONDITIONS (Continued)
Note the following deletions of the paragraphs listed in the SF-33A.
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 50 staff days. This information is advisory and is not to be considered as the sole basis for the development of your staffing plans.
You must detail how you intend to accomplish each objective covered herein.
2.
TYPE OF CONTRACT It is contemplated that a Time and Materials contract will be awarded; however, the Government reserves tne 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.
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3.
PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and submission of the reports
, shall be completed within one year.
4.
ACCEPTANCE PERIOD j
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 2/15/82.
6.
COST OF PROPOSAL PREPARATION This solicitation does not commit the Government to pay any cost for the preparation and submission of a proposal or for necessary studies or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein.
e
--e
Page 13 7.
INDIVIDUAL (S) AUTHORIZED TO NEGOTIATE The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Summary and Data Sheet" (see Part IV, Attachment No. 3 ) which is to be submitted with each proposal.
Offerors are cautioned that the person signing the proposal must have the authority to commit the offeror.
8.
PROPOSAL
SUMMARY
AND DATA SHEET (See Part IV, Attachment No.3 )
A completed " Proposal Summary and Data Sheet" shall be submitted with each copy of the proposal.
9.
RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date, and the notation:
"D0 NOT OPEN IN Malt ROOM." Also, include the RFP number in your cover letter and on each page of your proposa!.
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 attention that the Contracting Officer is the only individual who can legally commit the Government (i.e, the NRC) to expenditure of public funds in connection with this procure-mant.
This means that unless provided in a contract document or
~
specifically authorizec by the Contracting Officer, NPC technicai personnel cannot issue contract modifications, give informal contractual crmmitments or otherwise bind, commit, or obligate the NRC contractually.
I. f armal contractual connitments include such actions as:
a.
encouraging a potential contractor to incur costs prior to receiving a contract, b.
requesting or requiring a contractor to make changes under a contract without formal contract modifications, c.
encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable, and 4
' Paga 14 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, one 1) copy of each unsuccessful proposal will be retained by NRC's Div(ision of Contracts and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be' destroyed. This notification should appear in any cover letter accompanying the proposal.
12.
NOTICE OF PROPRIETARY INFORMATION a.
Notice of Proprietary Information - Offerors are advised that l
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 l
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 disclosec in whole or in part for any purpose other than to evaluate the proposal; provided I
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 frem another source without restriction.
j l
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 NRC 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:
i "Use or disclosure of proposal data is subject to the restriction on the title page of this proposal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom of Information Act."
1
13.
PROPOSAL PRESENTATION AND FORMAT
- 9" Proposals will be typewritten or reproduced on letter-size paper a.
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, expencive 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 ReoJest for Proposal shall be sub-mitted in the following three (3) separate and distinct parts:
(1)
Two (2) original signed copies of this solicitation package (in entirety). All applicable sections must be completed by the offeror.
(2) One (1) original and two (2 ) copies of the " Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Management Recuire-ments."
(3) One (1) original and two- @ ) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical Procosal 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 offeror.
NOTE:
If your records are currently under audit cognizance of a Government audit agency, the address and telephone number of that office should be furnished on the " Proposal Summary and Data Sheet."
One (1) copy of the solicitation package, Technical Proposal, and Cost Proposal shall be submitted by the offeror to the cognizant
' audit agency concurrent with the submittal of the proposal to the NRC.
14.
BUSINESS MANAGEMENT REQUIREMENTS a.
Cost Procosal The offeror should utilize the Optional Form 60, Contract Pricing Proposal (Research and Development), in submitting the Cost Proposal. Offerors may, however, submit tne necessary information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost ir. formation.
In either instance, the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.
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i Pag 2 16 Cost will be evaluated on reasonableness, validity, and reli-ability.
The " Cost Proposal" must include, but is not limited to, tne 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 cost.
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.
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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.
SPECIAL INSTRUCTIONS ON COST PROPOSAL PREPARAT:0N Offerors should propose labor categories and loaded hourly rates for each labor category.
(The rates proposed whould usually be a total rate which includes direct labor, indirect costs, and profit.)
Offerors should also propose total estimated travel costs (and a breakdown showing how the travelwas computed) and any other direct costs the offeror proposes.
4 s
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'i Paga 17 (4) Management controls expected to be utilized to preclude a con-tract cost growth.
c.
Personnel Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror.
If any of the personnel are under c mmit=cnt, describe the terms of the commit-ment (s). Note specifically the personnel that will be on board subfect to a contract award.
d.
Consul tants Explain the need for consultant services.
List proposed consultants if known by name.
For each list shew (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Government.
e.
Subcontractors If the offeror plans to subcontract any of the work to be perforned, list proposed subcontractors if known by name.
Provide a detailed breakdown of specific work to be subcontracted and the approximate cost involved.
f.
Labor Surolus Area Procram Recuirements In keeping with the Federal Labor Surplus Area Program, the offeror
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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 sepsrately identified.
h.
Other Contractual Commitments l
The offeror shall list any connitments with other organizations, Governmental or private, and indicate whether these commitments will or will not interfere with the completion of work and services contemplated under this proposal.
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Page 18 2
- 15. TECHNICAL PROPOSAL CONTENT The Technical Proposal shall not contain any reference to cost.
Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the Tech-nical Proposal so that the offeror's understanding of the scope of work may
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be evaluated.
The offeror shall submit with the Technical Proposal full and complete infcrmation 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 evaluaticn criteria set forth in this Part II under the paragraph entitled, " Evaluation of Proposals."
Statements which paraphrase the scope of 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 scope of work and objectives.
The Technical Proposal shall set forth as a minimum the following:
I.
Related Past Experience of Principal Investigator A.
Education of Principal Investigator Describe the formal education, including:
list of undergraduate and graduate degrees awarded a.
b.
name of awarding institution c.
dates of awards d.
listing of subjects or courses taken during formal
~=
education which are directly or indirectly related to underpinning list, with very brief description, of non-degree e.
education obtained that is directly or indirectly related to underpinning.
B.
Job Experience of Principal Investigator Describe the professional experience of the principal j
investigator, including a.
number of years of professional experience b.
nature of professional work performed L.
listing of underpinning jobs worked on and the identification (name, telephone number) of an individual who has perscnal knowledge of the underpinning activities.
d.
a general description of job complexity and approximate dollar value and the duties and responsibilities on the listed underpinning jobs.
.e 4
q' Page 19 e,
description of Principal Investigator's (PI) experience in developing performance criteria.
For example, discuss allowable limits on vertical and horizontal movement that the PI has established on underpinning jobs and the tech-nical approach used to establish these limits.
C.
Professional Activities of Principal Investigator a.
list all publications, indicating those that relate directly to underpinning b.
list all honors and awards with the name of the provider of the award, c.
provide a brief description of cases where expert witnessing has been provided, d.
briefly describe research in the geotechnical engineering field.
e.
outline all teaching activities f.
list memberships in professional societies, service on professional committees, and related activities.
II. Technical and Management Approach A.
Discussion of the scope of work requirements to substantiate the offeror's understanding of the problem and the offeror's proposed method of approach to meet the objective.
B.
Description of the support that will be provided by the offeror's staff other than the Principal Investigator, and the proposed dedication (percentage) of time of the Principal Investigator.
C.
Statements of any interpretations, requirements or assumptions made by the offeror.
D.
Identification of possible problems in carrying out the proposed work, including identification of any organizational or personal limitations that could ' affect the offeror's capabilities, and offeror's proposed solutions to these problems.
III. Other Requirements
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Describe any sign'ificant current contractual and organizational rela-tionships of the offeror, its employees or expected subcontractor (s),
with Consumers Power Company or any actual conflict of interest (as described in Attachment 1 to this Request For Proposals) in the event of an award to offeror.
A negative statement, if applicable, is required to be submitted.
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Page 20
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CONTRACT AWARD AND EVALUATION OF pR0p0SALS By use of numerical and narrative scoring techniques, proposals will be a.
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 cost will be a factor in the evaluation of proposals, technical merit in the technical evaluation criteria listed on the next page will a more significant factor in the selection of a contractor.
Further, 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 common base for evaluation of cost proposals, the level of effort data shall be expressed in man hours.
d.
In making the above dtermination, a best-buy analysis will be performed taking into consideration the results of the technical evaluation, cost enalysis, and ability to complete the work within the Government's required schedule.
i e.
Proposals will be evaluated in accordance with the following weighted factors, as applied to geotechnical engineering, in gener.al, and underpinning, in particular listed in the order of their relative l
importance:
i b
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Page 21 Evaluation Criteria Weight %
A.
Related Past Experience of Principal Investigator 1.
Job Experience a.
Underpinning jobs 27 j
b.
General geotechnical engineering jobs 15 j
c.
Developing perfonnance criteria 10 SUBTOTAL 52 2.
Professional Activities of Principal Investigator The contribution and recognition in the following areas publications 6
professional awards 6
expert witnessing 5
teaching 5
research 4
professional society activities 2
SUBT0TAL 28 3.
Education of Principal Investigator The quantity of formal training and the relevance of the training.
l SUBTOTAL 20 TOTAL 100 B.
Other Considerations (unweighted) 1.
Technical and Management Approach The offeror must show an understanding of the NRC's work requirements and the ability to provide the support at the time and places needed by NRC. The offeror will also be evaluated as to the dedication of time of the proposed Principal Investigator. Offerors are advised that the NRC desires the Principal Investigator to provide essentially all of the support to NRC with only nominal assistance by others on the offeror's staff.
Page 22 2.
Conflict of Interest a.
The NRC must consider the possibility of any conflict of interest which might arise in the event of an award to a particular offeror.
i b.
The two paramount principles that the NRC must consider I
in determining whether a conflict of interest would exist by award of this contract are:
- 1) Might award of the contract place the contractor in conflicting roles which might bias the contractors' i
,i judgment?
L
- 2) Might award of the contract present the contractor with an opportunity for an unfair competitive advantage?
c.
NRC policy is set forth in Attachment 1.
1 d.
An offeror who has worked on any part of the Midland Nuclear Power Plant project is ineligible for award of this contract based on conflict of interest considerations.
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Page 23 SIZE, STANDARD AND PRODUCT CLASSIFICATION It has been determined that the material described herein is classified under the Standard Industrial Classification Manual as No. 8911, for Engineering Services and that a firm is classified as a small business concern for this procurement if its average annual receipts for its preceding three fiscal years do not exceed $7.5 million.
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Page 24 PART III I
CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK
Title:
Foundations and Underpinning, Review of Remedial Measures for Structures on Fill for Midland Plant, Units 1 and 2 A.
Introduction and Objectives The staff is seeking technical assistance in its review of the underpinning program that the applicant proposes as a remedy to the construction of safety related structures and pipes on inadequate structural fill. This contract will assure that the complex and specialized matter of underpinning is adequately reviewed by providing independent review assistance to the staff by a principal investigator possessing the experience and professionally recognized expertise necessary to accomplish the NRC licensing objectives.
This: contract also will assure that the staff can adequately support its case at hearings.
B.
Background
The plant fill material at the Midland site was placed between 1975 and 1977.
In August, 1978, the NRC was notified that there was larger-than-expected settlement of the Diesel Generator Building foundation located on plant fill that was not adequately compacted.
Since then, other areas have been identified where the plant fill was not adequately compacted and it has now been f
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established that there are several other seismic Category I structures situated on this fill and these structures may be Lifected by settlement.
Cracks have been mapped in the Diesel Generator Building, Borated Water Tank foundation and the Service Water Pump Structure. Also, uneven settlements of Category I pipes and conduits have been monitored for some of the buried pipes affected by the plant fill settlement.
The applicant surcharged the Diesel Generator Building area in 1979 to improve the inadequately compacted fill in this area.
The applicant has proposed a series of remedial underpinning measures to correct the situation for other Category I structures.
In December 1979 a Show Cause Order was issued by the NRC. This order requires the applicant to show that the capability of the structures ar.d their foundations after proposed modifications will be equivalent 9
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, Pag'2-25 i
2 to the capability of foundations originally proposed by the' applicant.in the Preliminary Safety Analysis Report (PSAR) on which the construction permit-was issued to the applicant. The applicant's proposed remedial 'acasures are being' reviewed by the NRC Seo;echnical Engineering Staff and the; Corps; of Engineers (Detroit District):
OELD Staff has advised the Staff and COE reviewers to prepare for ASLB hearings en the December 1979 Show Cause Order ~.
C.
General ' Requi rements The contractor's reviews of the applicant's submittals are to be conducted using the guidance and acceptance criteria contained in the Standard Review Plans (SRP), NRC Regulatory Guides and industry standard. The contractor will generally follow the approach outlined below in conducting reviews.and
'_n evaluations:
Evaluate the adequacy of the geotechnical engineering aspects of the remedial measures proposed by the applicant-to support the Service Water i
Pump Structure, Auxiliary Building, Feedwater Isolation Valve Pits; and other structures, if required.
- Recommend requests for additional information or clarification based upon-review and evaluation of the information provided by the applicant.
- Evaluate responses provided by the applicant.
Participate in meetings with the staff, the applicant and architect-engineers to discuss and resolve outstanding issues, and to audit the implementation of the applicant's commitments.
- ~ Provide recommendations for the resolution of outstanding issues.
- Prepare written reports of work performed.
Specific Work Requirements The contractor shall review applicable portions of the Final Safety Analysis Report (FSAR)(with amendments and documents related to _the 10 CFR' 50.54(f) request and 10 CFR 50.55(e) interim reports) regarding proposed underpinning measures which have been submitted to NRC on the subject plant for the purpose of obtaining a Construction Pennit (CP) and Operating License (OL).
This review shall include an evaluation of all applicable information included in Section 2.5, 3.7 and 3.8 of the:FSAR,10 CFR 50.54 (f) and 10 CFR 50.55 (e) documents which address the adequacy of soil and rock mechanics, earthquake engineering and foundation engineering design and construction aspects'in order to assure the safe siting and operation of the Service Water Pump Structure, Auxiliary Building and Feedwater Isolation Valve F
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Page 26 Pits, and other safety related foundations. The review shall be conducted in accordance with NRC Standard Review Plans Section 2. 5.1, 2. 5. 2, 2. 5.4, and 2.5.5.
Specific guidance on methods which are acceptable to the NRC staff include Regulatory Guides 1.123,1.138 and 1.70 (Section 2.5).
Required l
Delivery Dates i
!s D.
Tasks l
l.
Review and evaluate the information contained in the 2 months after f'
above FSAR, 10 CFR 50.54 (f) and 10 CFR 50.55 (e) award of contract l
documents regarding plant fill and proposed under-t pinning measures in accordance with acceptance criteria outlined in the related Standard Review Plans and accepted good engineering practice.
Review and evaluate the Plans and Technical Specifications for remedial underpinning work proposed by the applicant. Meet with the NRC Staff and applicant and make site visits as required.
As directed by the Project Officer, prepare letter 2 months after reports that summarize the contractor's evaluations award of contract and identify any unresolved issues with recommendations on a course of action that could be taken during j
construction to resolve these issues.
2.
fleet with the NRC staff at the plant site, as required, S/82 thru 12/82 l
to observe and evaluate the adequacy of the monitoring i
program. Provide written recommendations in the form of letter reports to the NRC Staff on the adequacy of f
the field monitoring program.
3.
Prepare written testimony and provide expert witnessing 6/82 thru 2/83 at the ACRS meetings and ASLB hearings as required to fulfill licensing objectives.
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Paga 27 E.
Reporting Requirements 1.
The letter reports and written recommendations and testimony requested under tasks,1, 2, and 3 shall be provided tn the project officer with a copy to J. P. Knight, of the Division of Engineering, and the Con-tracting Officer, Division of Contracts (DC).
NOTE: All data, calculations, graphs, plots, computer runs, etc., developed exclusively under this contract become the property of the NRC and, on completion of the contract will be delivered to the NRC by the contractor.
2.
A business letter report shall be submitted to the Project Officer with copies to J. P. Knight, DE, C. Poslusny, DE, and B. L. Grenier, NRR and the Contracting Officer, DC. Business reports shall be submitted at the end of each three month period beginning with the effective date of this contract. These reports will contain:
A summary of the work performed under each task during the reporting period, and the staff hours expended on each item of work; The itemized amount of funds expended for manpower, travel, and any other allowable direct costs during the period and cumulative to date;
- Any problems or delays encountered or anticipated.
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F.
Meetings and Travel The contractor chall provide for the following meetings and travel, estimated to.be required in the performance of this contract:
1 one-day meeting in Bethesda, Maryland 4 one-day visits to the Midland Nuclear Plant Site in Midland, Michigan 3 two-day ACRS meetings or ASLB hearings in Midland, Michigan or Washington, DC (for estimating purposes offerors should assume two
[-
trips to Michigan and one trip to Washington, DC) 3 three-day meetings in Ann Arbor, Michigan G.
NRC Furnished Materials Licensee submittals requi_ red for review of the proposed foundation remedial measures will be furnished under separate cover by the project officer within two weeks after the effective date of the contract. Additional relevant information will be provided to tha contractor as it becomes available.
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Page 28 O
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e ARTICLE II - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall commence on the effective date of this contract and shall continue through twelve (12) months thereafter at which time all work shall have been completed and all reports shall have been submitted.
ARTICLE III - CONSIDERATION AND PAYMENT A.
Ceiling Price The ceiling price to the Government for performance of the work specified in Article I herein shall not exceed $
B.
In consideration of the satisfactory performance of the work specified herein, the contractor will be paid for each man-hour of performance in accordance with the following fixed rates (which include a base hourly rate, i
indirect costs and profit) for services performed up to the maximum number of hours set forth below:
Ceiling Hourly Est. Total Labor Category Est. Hrs.
Rate Amount i
l.
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C.
Under the terms of this Labor-Hour contract, the contractor agrees that the work to be performed under Article I shall be accomplished within hours (ceiling), unless otherwise modified by the Contracting Officer. The contractor may vary the number of labor hours used among the labor categories specified in paragraph B. above but the total labor hours effort may not exceed hours nor the ceiling amount for labor j
hours established as $
l Any costs incurred in excess of the ceiling amount for labor hours estab-liched a: $
shall be borne by the contractor.
t D.
For all other direct costs, the contractor shall be reimbursed only l
as described below:
I
- To be incorporated into any resultant contract.
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Paga 29 l
E.
While the contractor shall be paid for each man-hour of performance, and travel costs as provided for in paragraphs B., C., and D. 2 cove, it it understood and agreed that the total amount to be paid to the contractor shall not exceed the ceiling' amount of $
set forth in paragraph A.
F.
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 2 of the General Provisions hereto, as amended.
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- To be incorporated into any resultant contract.
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-Page 30 ARTICLE IV - PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION A.
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other information, documents and material furnished by the Commission to the contractor in the performance of this contract, or information developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract.
The contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies tnereof, furnished by the Commission to the contractor or develooed by the contractor in the performance of this contract.
B.
The contractor shall be responsible for safeguarding from unautnorized dis-closure any information or other documents and material exemot from cunlic disclosure by the Commission's regulations and made available to the con-tractor in connection witn tne performance ; wor < under this contract.
The contractor agrees to conform to all regulations, requirements, and directions of tne Commission with respect to sucn material.
I C.
The contractor's duties under this clause shall not be construeo t] limit or affect in any way the contractor's obligation to conform to all security regulations and requirements of the Commission certaining to classified information and material.
ARTICLE V
- KEY PERSONNEL Pursuant to tnis ARTICLE (Key Personnel), the following incividuals are considered to be essential to the successful performance of tne work nereunder and snall not ce replaced without the prior approval of the Contracting Officer.
In such event, the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
ARTICLE VI
- TECHNICAL DIRECTION l
i A.
Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE VII of this contract. The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which shif ts work enphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to acccmplish the con-tractual scope of work.
I 2.
Providing assistance to the contractor in the preparation of drawings, i
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 De delivered by the contractor to the Goverraant under the contract.
- To be incorporated into any resultant contract.
i Page 31 B.
Technical direction must be within the general scope of work stated in the contract.
The Project Of ficer 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 of the contract.
2.
Constitutes a change as defined in the clause of the General Provisions, enti tled " Changes."
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 contract performance.
4.
Changes any of the expressed terms, conditions or specifications of the contract.
C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be submitted to the Contracting Officer.
The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the contractor, any instruction or direction issued by the Project Officer is within one c,f the categories as defined in B(1) through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the
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receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate cont-act modification or advise the contractor in writing that, ir, 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 parformance, and may even result in the contractor expending funds for unallowable costs under the contract.
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E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
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ARTICLE VII - PROJECT OFFICER is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or reouest 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 requirerants; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical 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 requested 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 guidance from the Project Officer to the contractor to be valid, it must:
(1) be consistent with tne 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 tne period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
- To be incorporated into any resuitant contract.
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Page 33 ARTICLE VIII - CONFLICT OF INTEREST (a) Purpose.
The primary purpose of this article is to aid in ensuring that the contractor
- i (1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over otner parties by virtue of its performance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this article.
(c) Work for others. Notwithstanding any other provision of this coe ract, during the tenn of this contract, the contractor agrees to forego entering 4 to t
consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respec ' to the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this a rti c',.
If the 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 Officar 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 920-1.5402(a).
(2) The contractor agrees that if after awaro it discovers organiza-tional conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termina-tior, 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 1
Page 34 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 Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require-ments of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " Contracting Officer,"
snall be appropriately modified to pr": serve 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 directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
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ARTICLE IX - TRAVEL RElitSURSE TENT 4
Total expenditure for domestic travel shall not exceed $
without the prior approval of the Contracting Officer. The contractor will be reimbursed for the folicwing reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting i
Officer:
1.
Per diem shall be reimbursed at a daily rate not to exceed S The I
per diem amount is comprised of lodging expense plus S for meals and miscellaneous expense.
2.
The cost of travel by privately owned automobile shall be reimbursed at the rate of
- c per mile.
3.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
4 All common carrier travel reimbursable hereunder s.1all be via economy class rates wnen available.
If not available, reimbursement vouchers will be annotated that economy, class accommodations were not available.
First-class air travel is not authorized.
5.
Receipts are reouired for common carrier transportation, lodging and miscellaneous items in excess of 515.00.
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BILLING INSTRUCTIONS FOR NRC CONTRACTS General.
The contractor shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample voucher.
Form.
Claims shall be submitted on the payee's letterhead, invoice or on the Government Standard Form 1034, "Public Voucher for Purchases and Services Other Than Personal," and " Standard Form 1035. Public Voucher for Purchases Other Than Personal - Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Cocies. An original and six copies should be mailad to the NRC offices identified below.
Frecuency.
The contractor shall submit claims for reimbursement once eacn month unless otherwise authorized by the Contracting Officer.
Billino of Costs After Exoiration of Contract.
If cost-reimbursements are incurreo curing.the contract period and claimed after the contract has expired, the period during which these costs were incurred must be ci ted.
Currency. Billings may be expressed in the currency normally used by tne contractor in maintaining his accounting records; payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
Suoersession. These instructions superseee all previous billing instructions.
Preoaration and Itemization of the Vaucher.
The contractor shall furnish the informati-on set fortn in tne explanatory notes belcw.
These notes are keyed to the entries on the sample voucher.
(a)
Payor's Name and Address.
(1) Address the original voucher (with 4 copies) to:
U.S.. Nuclear Regulatory Commission, Division of Accounting, Office of the Controller, ATTN: GOV /CCM Accounts Section, Washington, DC '20555.
(ii) Address 2 copies to:
U.S. Nuclear Regulatory Commission, ATTN:
E.L. Halman, Director, Divison of Contracts, Washington, DC 20555.
(iii) The original cooy of the voucner should indicate that (2) cooies nave been forwarced to tne Contractino Officer.
(b)
Voucher Number.
Insert the appropriate serial number of the voucher.
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Date of Voucher.
Insert the date the vouchar is prepared.
(d)
Contract Number and Date.
Insert the contract number and the date of the contract.
(e) Payee's Name and Address.
Show the name of the contractor as it appears in tne centract and its correct address; except when an i
approved assignment has been made by the contractor, or a different payee has been designated, then insert the name and address of the payee.
(f) Contract Amount.
Insert the total estimated cost of the contract, exclusive of fixed-fee.
For incrementally funded contracts enter the amount currently obligated and available for payment.
(g)
Fixed Fee.
Insert total fixed-fee (where applicable).
(h)
Billing Period.
Insert the beginning and ending dates (day, month, and year) of the period in which costs were incurred and for which reimbursement is claimed.
(i)
Direct Costs.
Insert the major cost elements (i)(1) Direc? Labor.
This consists of salaries and wages paid (or accrued) for oirect performance of the contract.
N/A (t)(2) Fringe Benefits.
This represents fringe benefits applicable to direct labor and billed as a direct cost.
Fringe benefits included in direct costs should not be identified here.
N/A (i)(3) Caoitalized Nonexpendable Eoui ment.
For educational institutions Ifst eacn item costing 51,000. or more; for contractors other than educational institutiens list each item costing $200. or more and l
having a life expectancy of more than one year.
List only those items of equipment for which reimbursement is requested.
A reference shall be made to the following (as applicable):
(1) the item number for the specific piece of equipment listed in the Property Schedule; (2) the Ccntracting Officer's Approval Letter, if the equipment covered by the Property Schedule; or (3) be preceded by an asterisk (*) if the equipment is below the approval level.
Further itemization of vouchers shall only be required for items having specific limitations set forth in the contract.
N/A (i)(4) Materials, Sucolies, and Noncacitalized Eouicment.
This is consumable materials and supplies anc equipment otner tnan that described in (i)(3) above.
(i)(5) Premium Pay.
This is' remuneration in excess of the basic hourly rate.
(i)(6) Consultants' Fee.
These are fees paid to consultants.
(i/(7) Travel.
Ocmestic travel is travel within the United States, its territories, possessicns, and Canada; it should be billed
g Page 3 8
, separately frem foreign travel.
(t)(8) Other.
List all other direct costs in total unless significant in amount.
If si separately, e.g.,gnificant, list cost elements and dollar amount subcontracts.
N/A (j)
Indirect Costs--Overhead.
Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimburse-i ment is claimed.
N/A (k) Fixed-Fee.
If the centract provides for a fixed-fee, it must be claimed as provided for by the centract.
Cite the formula or method of ccmputation.
(1) Amount Billed for Current Period.
Insert the amount billed for the major cost elements, aaJustment, and adjusted amounts for the period.
(m) Cumulative amount from Inceotion to Date of this Billino.
Insert tne cumulative amounts 0111ec for tne major cost elements and adjusted amounts claimed during this centract.
(n) Total Amounts Claimed.
Insert the total amounts claimed for the current anc cumulative periods.
~
(o) Adjustmen ts.
This includes amounts conceded by tie centractor, l
autstancing suspensions, and disapprovals subject to appeal.
(p)
Grand Totals.
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SAMLE Vuuu m 4
(a) P4 u's Na=e and Address (b) Veccher No.
The ll. S. tiuclear Regulatory Comission Division of Accounting, CCN (c) Date 7cucher Prepared Attention: Gov /Ccm Acets Section Centract so. and rate Washington, DC.
20555 (d)
(e) Pa;ree's Na=a er.1 Address (f) Total Eati=ated Cost, of Centract 13C CCEPCHATICX 100 Main Street 4 % ere, U.S.I.
,,we The Natic=al 3a=k, A=phere, U.S.A.
(g) Total Fixed-Fee j
insi p ee fc: 13C Cc:peratien 1 ;rvhere, U.S.A.
('."nen Pav-ents a e Assi ned)
(h) This vcucrer representa re =::c. seable ecsta f:cs Jul r 1.
1 c77 th= cup.Iul r 11 107R
)
(1)1..T.=
Hed
(=)C-~ 1 at17e fc: Cu= rent 1:x: st ?:ca 1
Period I:ceptics to Date of this (1) Direct Costs 31111:s i 1 Direct Labor
$ 3.h00 8 6,c00 1 2
? i=p 3enefits 600 1,200 i 3 Capitalized 5 mendable Iqui, ent 5,000 8,000 1
(i)(h) Mata=ials, Supplies and
}
Ncncapitalined Ati,_ ent
'2,000 h,000 i 5 Pre =i= Pay 100 150 1 6 Ccumultant's 7ee 100 100 s
1 7
"' svel - De=estic 200 200
- 7craig, 200 200 (1)(8) Other Total Direct Costa
$11,600
$20,650
,(j) T~mNT CCSTS
% of Direct Labc c: Othe:
~
3ase (Fe 1a) h,CCO 6,000 I
(1) FD:n EAFliED (?c =cla) 7CO 1,h00 (s) Total A.cu=ts Clai:ed
$1e,JCO
$26,C50 (c) Adjust =ents Outst r M Suspe=sicus (1,7CO)
(p) Gra=d Totals
$1e. co
$25 :c0,
Page 40 ARTICLE XI - GENERAL PROVISIONS / ALTERATIONS This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Fixed Price Research and Development Contract" dated 8/81.
The following changes are made to the General Provisions:
1.
Article 2.
" Payments" is deleted in its entirety and the article below entitled " Payments" is substituted therefore.
(See text below.)
l 2.
Article 60. " Overtime" is added.
(See text below.)
3.
Article 61. " Audit" is added.
(See text below.)
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Article 2.
- Payments The Contractor shall be paid as follows upon the submission of invoices or vouchers approved by the contracting Officer.
(a) Hourly Rate i
(1)
The amounts computed by multiplying the appropriate hourly rate, or rates, set forth in the Schedule by the number of direct labor hours performed, which rates shall include wages, overhead, general and administrative expense and profit. Fractional parts of an hour shall be payable on a prorated basis.
Vouchers may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer), to the Contracting Officer or his designee.
The Contractor vill substantiate vouchers by evidence of actual payment and by individual daily job timecards, or such other substantiation approved by the Contracting Officer. Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise i
provided in this contract, and subject to the provisions of (e) below, make payment thereon as approved by the Contracting Officer.
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Page 4'2 (2)' Unless otherwise set forth in the Schedule, five percent (5%) of the amount due under this paragraph (a) shall be withheld from each payment
-by the Contracting Officer but the total amount withheld shall not exceed
$50,000. Such amounts withheld shall be retained until the execution and delivery of a release by the Contractor as provided in paragraph (f) bereof.
(3) Unless provisions of the Schedule hereof otherwise specify, the hourly rate or rates set forth in the Schedule shall not be varied by virtue of the Contractor having. performed work on an overtLme basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates vill be negotiated. Failure to agree upon these overtime rates will be treated as a dispute under the " Disputes" clause of this contract.
If the Schedule provides rates for overtime, the pre =ium portion of those rates vill be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(b) Subcontracts u
(1) The cost of subcontracts which are authorized pursuant to the " Subcontracts" clause hereof shall be reimbursable costs hereunder, provided such costs are consistent with subparagraph (2) below. Reimbursable cost in connection with subcontracts shall be limited to the a=ounts actually required to be paid by the Contractor to the subcontractor and shall not include any costs arising f rom the letting, adminstration or supervision of performance of the subcontract, which costs are included in the hourly rate or rates payable under (a)(1) above.
(2) The Contractor shall, to the extent of his ability, procure materials the most advantageous prices available with due regard to securing pro =pt at delivery of satisf actory materials, and take all cash and trade discounts, rebates, allowances, credits, salvage, co= missions, and other benefits.
When unable to take advantage of such benefits, it shall prc=ptly notify the Contracting Officer to that effect, and give the reason therefore. Credit shall be given to'the Government for cash and trade discounts, rebates.
l allowances, credits, salvage, the value of resulting scrap when the amount of such scrap is appreciable, commissions, and other amounts which have been accrued to the benefit of the Contractor, or would have so accrued except for the fault or neglect of the Contractor. Such benefits lost through no fault or neglect on the part of the Contractor, or lost through fault of the Government, shall not be deducted from gross costs.
(c) It is estimated that the total cost to the Covernment for the performance of this contract will not exceed the ceiling price set forth in the Schedule, and the Centractor agrees to use his best efforts to perform the work specified in the j
Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and other approved costs which will accrue in the performance of this contract in the next succeeding thirty (30) days, when added to all other payments and costs previously accured, will exceed eighty-five percent (85%) of the ceiling price then 9
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Page 43 set forth in the Schedule, the Contractor shall notify the Contracting Officer to that ef fect giving his revised estimate of the total price to the Government for the performance of this contract, together with supporting reasons and documentation.
If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Covernment for the perfor=ance of this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving his revised estimate of the total price for the performance of this contract, together with supporting reasons and docu=entation.
If at any time during the performance of the contract, the Covernment has reason to believe that the work to be required in the performance of this contract vill be substantially greater or less than the stated ceiling price, the Contracting Of ficer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the centract.
(d) The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling price set forth in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer shall have notified the Contractor in writing that such ceiling price has been increased and shall have specified in such notice a revised ceiling which shall thereupon constitute the ceiling price for performance under this cont.ract.
When and to the extent that the ceiling price set forth in the Schedule las been increased, any hours expended and material costs incurred by the Contraccor in excess of the ceiling price prior to this increase shall be allowable to the same extent as if such hours expended and material costs had been incurred after such increase in the ceiling price.
(e) At any time or times prior to final payment under this contract the Contracting Officer may cause to be made such audit of the invo, ices or vouchers and substan-tiating material as shall be deemed necessary.
Each payment theretofore made shall be subject to reduction to the extent of amounts which are found by the Contracting Of ficer not to have been properly payable, and shall also be subject to reduction for overpayments, or to increase for underpayments, on preceding invoices or vouchers.
Upon receipt and approval of the voucher or invoice designated by the Contractor as the " completion voucher" or " completion invoice" and substantiating material, and upon compliance by the Contractor with all provisions of this contrace (including, without limitations, provisions relating to patents and the provisions of (f) and (g) below, the Covernment shall as promptly as may be practicable pay any balance due and owing the Contractor.
The completion invoice or voucher, and substantiating material, shall be submitted by the Contractor as promptly as may be practicable following co=pletion of the work under this contract, but in no event later than one (1) year (or such longer period as the Contracting Of ficer may, in his discretion, approve in writing from the date of such completion.
(f) The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Covernment, its officers, 1
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o" Page 44 agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
(i) specified claims in stated amounts, or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor; (ii) claims, together with reasonable expenses incidental thereto, based l
upon the liabilities of the Contractor to third parties arising out of the perforsance of this contract, which nre not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than six (6) years after the date of the release or the date of any notice to the Contractor that the Govern:nent is prepared to make. final payment, whichever is earlier; and (iii) claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of this contract relating to patents.
(g) The Contractor agrees that any refunds, rebates, or credits (including any interest thereon) accruing to or received'by the Contractor or any assignee, which arise under the materials portion of this contract and for which the Contractor has received reimbursement, shall be paid by the Contractor to the Government.
The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits (including any interest thereon) in form and substance satisfactory to the Contracting Officer Article 60 overeime
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No overtime or double time vill be used on the work without the prior written approval of the Contracting Officer.
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j The Contractor agrees that the representatives of the Government will have i
access to inspect and audit the books and records of the vendor and will have the right to determine the correctness and propriety of the costs charged.
Any overcharge found shall be promptly refunded to the Covernment by the Contractor.
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PART IV LIST OF ATTACHMENTS NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
Attachmen t -
1 Optional Form 60 Attachmer,t 2
Proposal Summary and Data Sheet Attachment 3
General Provisions Attachment 4
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