ML20042F278
| ML20042F278 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/1990 |
| From: | Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWESTERN BELL TELEPHONE |
| To: | |
| Shared Package | |
| ML20042F273 | List: |
| References | |
| CON-FIN-C-40200, CON-NRC-31-90-266 NUDOCS 9005080088 | |
| Download: ML20042F278 (56) | |
Text
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AWARD / CONTRACT
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NRC-31-90-266 October 1, 1989
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U.S. Nuclear Re;ulatory Commission U.S. Nuclear Regulatory Commission Contract Negotiation Branch No.1, P-1020 Contract Administration Branch, P-902 Div, of Contracts & Property Management Div. of Contracts & Property Management Washington, D.C.
20555 Washington, D.C.
20555
- 7. N AML ANQ AQQA L&& C# CONT A ACIC S the.. strFrt city. coun tY ata rr one d Coor f S. OCLn iR Y Southwestern Bell Telephone Company C 'CS CR@N C OTwE g,S e a.*.a.
1116 Houston Street t oisCCe e roR *RowUAy w,r Room 900 Fort Wortt, Texas 76102 to. Sw S\\11T INvotCES infEM (4 copscs unwss usher.
wese sorestieds to THE.
l l2 CODE t5 ACIL TV CODE
. ADORELS SHW!N IN
~
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coesI coest See Sectiot F U.S. Nv: lear Regulatory Commission Div. of Ac:o n ing F nance, GOV /C0t1 Section 2 4; WashincSn.
la. Avr-ot4Trv 75ruw c--en%WFvu. ANO optN foGFtri.- aa. AcCovN seG ANo Appace=Miios oat A Tion' B&R: 9-0-20-66-23-0 APPN: 31X0200.940 io u S c :x4ico (xj 4i u S C C53ica 1 i
OBLIGATED AMOUNT:
- 30.000.:
t ISA ITEM NC 6
- 19 $UPPLIES/SERvlCES 6
15C. CU AN TITV 15D.,\\17115E UNIT F8tiCE I
'tF AMOUNT l
i SEE SECTION B i
I 9005060088 900420 PDR CONTR NRC-31-90-266 PDC itG. TOTAL AMOUNT OF CONTR ACT Di$ 30 000 og
- 16. T ABLE OF CONTENTS W ISEC. !
Cf 5CRIPTION I P AG E iS U il ISEC 1 CESCRIPTION iP AGE.!
paeT i
y Xl i I CONTR ACT CLAUSES i 14 yl 8 l S'.PDLIES OR Sim.9CES AND PRtCES/CCSTS i
A PART ill - UST OF OCCUMENTS. ExHisiTS AND OTHE st ATT ACK y
C i CESCRIPTIOASPECS ?NORK STATEMENT I
r, yi J l LtST OF ATTACMMENTS i 27 yi O l PACK AGING !NO *.* ARCING l
7 PART tv - R EPRESENTATIONS ANO INST RUCTIONS y
E I INSPECTION AND ACCEoTANCE i
A X
K REP 8tESENTATICNS.CERTIFICATICNS ANo 2b y
F l CELtvERIES Ca Pf a:ORMANCE l
O OTHER STATEMENT 8t oF 0FFERoRS Y
G l CCNTRACT ACMIN.STR ATION DATA i 10 l L INSTRS. CONOS AgNOtic)S TG OFFE RCRS j'
X_
M i SPECIAL CON?81 AC* REQUIREMENTS I ii
__JM EV ALUATiON F ACTORS FOR AWARD l
__ CO}viMCr!NG MFICER nili C0h(PL ETE ITEM 110R 18 AS APPtICA8lE 17.'
CONTRACTOR 4 feEGOTIATED AGREEMENT fContreetor sa re-18.
AW ARD (Contreefor is not required to seen (Ass document.) You' ruited to seen tAis Wocisment eno 'etum S
espees to resuang office 3 of ter on Sosecstataan Number hntractor aorsee to turnism ano eenver als stems or perform ait the serveces set nciuoing the asessions or are set torth an hase apove:.cnanoes, accootes as to tne items aesteo aeove ancmoos ov v forta or otnerwies soentstene soove ano on any continuation sneets for tne
- arco c5ns coratiorb statee nerein. tne e.ents ano opassations ut the parties to tnis an any enntsn contract snais se sue ect to suo opverneo og the tostowing cocuments: tot tms.
usts ce the ee.aataan sneets. This aveano consummates tne contract wnsen cor$
sowent cocuments: tal the Government's sossestation ano vou.
sware/ contract. tot tne insuccat.on. it any, ano it) sucn provisions. representa utter, ano (D) taas aware / contract. rev f urther contractuas cocument es nece, Inns, certifications; eae sessisstations, as are attacneo or encorporates oy
- gary, referente herein, tAflerkneense erv usteo herran #
19A. esAME APeO T af LE OF SIGreER (Type or prints 20A. NAME OF CONT R ACT 4NG of F4CER ARE'.s mn. SALES /SVC CTR 193. NAME OF CONT RACTOR 49C. D ATE &#GNED 205. UNITED STATES OF AMERsCA 3
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l TABLE OF CCNTENTS PAGE 2 i
PART I - THE SCHEDULE........................
4 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS..........
4 I
B.1 PROJECT TITLE......................,
4 B.2 BRIEF DESCRIPTICN OF WORK (MAR 1987)............
4 B.3 CONSIDERATION AND OBLIGATION--
(JUNE 1988) 3.4 SCHEDULE OF PRICES.....................
5 SECTION C - DESCRIPTION / SPECIFICATION............
6
/ WORK STATEMENT C.1 STATEMENT OF WORK'.....................
6 SECTION 0 - PACKAGING AND MARKING..................
7 0.1 PACKAGING AND MARKING (MAR 19E7).......
7 SECTION E - INSPECTION AND ACCEPTANCE............
8 SECTICN F - DELIVERIES OR PERFORMANCE....
9 i
F.1 NOTICE LISTING CCNTRACT CLAllSES INCCRPORATED BY REFERECE.
9 i
F,2 DURATION OF CONTRACT PERIOD (MAR 1987)...........
9 l
ALTERNATE I (JUNE 1988)
\\
SECTICN G - CONTRACT ADMINISTRATION DATA..............
10 l
G.1 PROJECT OFFICER AUTHORITY (MAR 1987)............
10 I
ALTERNATE II (MAR 1987)
G2 REMITTANCE ADDRESS (MAR 1987)...............
10 SECTICH H - SPECIAL CONTRACT REQUIREMENTS 11 H.1 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
11 H.2 PRIVATE USE OF CCNTRACT INFORMATION ANO DATA (JUNE 1988).. 1;.
H.3 ORGANIZATIONAL CCNFLICTS OF INTEREST............ 11 (OMB CLEARANCE NUNBER 3150-0112) (JUNE 1988)
H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVICO.. 13 (JUNE 1988) l PART II - CCNTRACT CLAUSES..................... 14 i
CONTRACT CLAUSES................... 14 SECTION !
1.1 NOTICE LISTING CCMTRACT CLAUSES INCORPORATED BY REFERECE, 14 1.2 RATES CHARGES AND SERVICES................. 16 1.3 TARIFFED CHARGES (APR 1984).
16 1.4 RE0uli:Ei:ENTS (FAR 52.216-21 ) ( APR 1984)..........
17 I.5 DRUG-F,1EE WORKPLACE (FAR 52.223-6) (MAR 1989).......
18
!.6 PR0f 2T PAYi'ENT (FAR 52.232-25) ( APR 1989 ).........
20 I.7 ELECTR0dIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-281.
24 (APR 1909)
~
I.8 CLAUSES INCORPORATED BY' REFERENCE (FAR 52-252-2)..... 26 (JUN 1988)
s 1
TABLE OF CONTENTS PAGE 3 l
PART III - LIST OF DOCUMENTS, EXHIBITS...............
27 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS...................
27 J.1 ATTACHMENTS (MAR 1987)...................
27 REPRESENTATIONS AND INSTRUCTIONS............
28 PART IV SECTION K - REPRESENTATIONS, CERTIFICATIONS AND..........
28 OTHER STATEMENTS OF OFFER 0R$
K.1 CERTIFICATE OF INDEPENDENT PRICE..............
28 DETERMINATION (FAR 52.203-2) (APR 1985)
K.2 CONTINGENT FEE REPRESENTATICN AND..,..........
20
~
AGREEMENT (FAR 52.203-4)(APR1984)
K.3 TAXPAYER IDENTIFICATION (FAR 52.204-3) (SEP 1989).....
30 K.4 CERTIFICATION REGARDING CEBARMENT, SUSPENSION,.......
31 PROPOSE 0 DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (MAY 1989) l l
K.5 TYPE OF BUSINESS ORGANIZATICN (FAR 52.215-6) (JUL 1987)..
32 L
K.6 AUTHORIZED NEGOTIATORS (FAR 52.215-11) ( APR 1984).....
33 l
K.7 SMALL BUSINESS CONCERN REPRESENTATION...........
33 (FAR 52.219-1) (FEB 1990) l K.B SMALL DISADVANTAGED BUSINESS CCNCERN............
33 l
REPRESENTATION (FAR 52.219-2) (FEB 1990)-
K.9 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.........
35 (FAR 52.219-3) (APR 1984)
K.10 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.........
35 (FAR 52.220-1) (APR 1984) l K.11 CERTIFICATION OF NONSEGREGATED FACILITIES.........
35 (FAR 52.222-21) (APR 1984) i l
K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.........
36 (FAR 52.222-22) (APR 1984)
K.13 AFFIRMATIVE ACTION COMPLIANCE...............
37 (FAR 52.222-25) (APR 1984) e K.14 CLEAN AIR AND WATER CERTIFICATION..,
37 (FAR 52.223-1) (APR 1984)
K.15 - CERTIFICATION REGARDING A DRUG-FREE WORKPLACE.......
37 (FAR 52.223-5) (MAR 1989)
K 16 NOTICE OF RESTRICTIONS ON CCNTRACTING WITH.........
39 SANCTIONED PERSONS (FAR 52.225-12) (MAY 1989) l K.17 COST ACCOUNTING STANDARDS NOTICES ANO...........
40 CERTIFICATION (NONDEFENSE) (FAR 52.230-2) (SEP 1987)
.l K.18 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988)......
41
" K.19 CERTIFICATION REGARDING DEBARMENT STATUS (JUNE 1988)....
42-
.K.20 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988)......
42 l
K.21 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988)...
42
r Page 4 hRC-31-90-266 3ection B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 2.1
- ROJECT TITLE he title of this project is as follows:
i
.:::: saa Direct Distance Cial Teleoncne Services (Ena of Clause-)
5.2 3RIEF DESCRIPTION OF WORK (MAR'1987)
- ontractor shall provide local and long
- istance commercial telephone service.
Services shall include installations, removals, naintenance and-moves of telephones and otner sssociated equipment and circuitry.
f i
l (Ena of Clause) i 5.3 MS::ERATION AND CSLIGATION--0ELIVERY ORCERS
(;L'NE 1983) a.
~he total estimateo amount of tais c:ntract (:eiling). ':r
- ne :re:u: s/ services orcered. deliverec. ano ac:sotaa uncer :..is l
- n: : i s $30,000.00.
The Contracting Officer.ay unilaterally l
'n: inse :nis amount as necessary f r orcers :: :e place: witn :ne i
, c:n:rac :r curing the centract card:o providec such orcers are wit.M any ?.aximum ordering limita:f n prescribec uncer this
- ::ntraC:.
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n g NRC-31-90-266 b.
The amount =resently obligatec with reseect :: tnis c:ntract i s $30,(00.00.
The Contracting Officer may issue creers for wart to t: amount resently obligatec.
This coligatec amcunt may :e unilaterally increaseo from time to time by tne Contractir.g Offi:er by written mocificatica to this contract. The coligatec tscunt snait. at ne time exceec the contract ceiling as scecifiec in paragraen a aceve. When anc if tne amount (s)- paid anc ayaole t:
the C:ntract:r nereuncer shall ecual the coligatec amount. tne Centract:r snail not be coligatec to centinue cerformance :( tne nors unless ana until the Contracting Officer snali increase tne amount coligatec with respect to this c:ntract.
Any worn uncertanen (End cf Clause)
B.4 SCHEDULE OF PRICES The services and other deliverables as required herein shall be provided at the following prices, as determined by the Texas Public Utilities Commission General Exchange Tariff:
1.
Block of Numbers: 817-660-8100 through 817-860-8199 2.
Block of Numbers: 817-560-8200 througn 817-860-8299 3.
Special Data Circuit: 12FDPA 404749 TOTAL ESTIMATED MONTHLY COST: $2,500.00 f
i i
Page 6 i.'RC-31 266 Section C SECTION C DESCRIPTICM/ SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK The exenanges covered uncer ?.nis ::ntract are:
817-860-8100 through 817 560-8199 817-860-8200 through 817-560-8299 Special Data Circuit: 12FDPA 404749 i
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Page 7 NRC-31-90-266 Section 0 1
t SECTION O - PACKAGING AND PARXING i
0.1 FACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for 191pment to the NRC in sucn a manner that will ensure acceotance by ::mmon carrier and safe delivery at destination.
Containers and' closures shall comely with the Int.erstate Commerce Commission Regulations. Uniform Freight Classifi:stion Rules, or regulations of other carriers as applicaole to the ',mece of transportation. On the front :f. the package, the Contra:t:r snail clearly identify the contra:t number uncer which the erecuact is being provided.
(End of Clause) l L
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-NRC-31-90-266 c!,csten.!-
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- SECTICN E~- IN$'PECTION AND ACCEPTANCE
'1 4
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E.1 f NOTICE LISTIN3 CONTRACT CLAUSES INCORPORATED BY:REFEENCE
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..r NOT APPLICABLE
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Page 9 NRC-31 266 Secti:n F SECTION F - DELIVERIES OR PERFORMANCE
~1 NOTICE LISTING CONTRACT C:.AL"SES INCORPORATED BY REFERENCE t
NOTICE: The following solicitation provisions and/or contrac:
i lauses pertinent to this section 4re hereoy incorporated by e f er** ; 'a FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.212-13 AUG.989 STOP-WORK ORDER l
- .2 DURATICr4 0F CONTRACT PERICD (MAR 1987)
ALTERNATE I (JUNE 1988)
The : cering period for tnis contract shall commence on October 1,1989 and will excire on September 30, 1990.
(End :f lause) b b
b e
L.
i Page 10 NRC-31-90-266 Section G SECTION G - CONTRACT ADMINISTRATICN DATA G.1 -
PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATEII(MAR 1987)
The Contracting Officer's authori:ea representative a.
hereinafter referred to as the Project Offi:er for this contrset is:
Name:
Jean A. Higgins Aodress:
U.S. Nuclear Regulatory Ccamission 611 Ryan Plaza Drive Suite 1000 Arlington, Texas 76011
- leonone Number:
l817) 728-8181 e
- he Project Officer is responsi le fer:
- )
Monitoring Contractor perfermance and recommencing ::
- ne C:n:ra::ing Of ficer changes in reautrements.
l
?) Inspecting and accepting precucts/ services proviceo uncer tr.e ::ntract.
- 2) Reviewing ali Contractor invoices /voucners reouesting payment f:r reducts/ services provided uncer tre contract ano making rece-mercations for approval, disapproval. Or suspension.
- . *he Project Officer is not autneri:ec to ma(e changes t:
the express terms ano conditions of this ::ntract.
(End of Clause)
G.2 REITTANCE ADDRESS (MAR 1987)
If ' tem 150, of the Standard Form 33 has been enecked, enter the remittance address below.
Na:e:
i Adcress:
1 Page 11 NRC-31-90-255 Section H SECTICN H - SPECIAL CCNTRACT REQUIREMENTS H.1 SAFETY HEALTH, AND FIRE PROTECTION (MAR 1987)
The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the nealth ano safety of employees and of memoers of the public and to minimize dancer from all hazards to life and property and shall cosoly with i
all' applicable health, safety, and fire crotection regulations ano reovirements (inclucing reporting requirements) of the Commission anc the Cepartment of Labor.
In the event that the Contractor fails to c:mply witn these regulations or requirements, the Contracting Officer, say, witneut prejudice to any otner legal or contractual rignts of the Comstssion, issue an order stooping all or any part of the worm thereafter, a start order for resumption of work may be issuea at the discretion of the Contract:ng Officer.
The Contractor i
snall make no claim for an extension of time or for compensation or camages ey reason of or in connection with suen work stoopage.
(End of Clause)
H.2 PRIVATE USE CF CONTRACT INFORMATION AND DATA (JUNE 1988)
Exceot as speci'ically authorized by this contract, or as etnerwise approvec ey the Contracting Officer, information ano etner cata ceveicoec or accuired by or furnishea to the Contractor in the cerformance of this contract shall be usec only in connection with
+ e wort uncer this contract.
(End of Clause) l H.2 ORGANIZATICRAL CONFLICTS OF INTEREST l
(CMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) a.
- eroese.
- he primary purpose of this clause is to aid in ensuring tnat the Contractor:
1)
Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otnerwise) wnich relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
i b.
Scope. The restrictions described apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause, c.
Work for othert.
Notwithstanding any other provision of this contract, during the term of this contract, the Contractor
~-
Page 12 NRC-31-90-266 Section H agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performec under this contract.
The Contractor shall ensure that all emoleyees under this contract abide by the provision of this clause.
If the Contractor eelieves with respect to itself or any employee that any preposeo consultant or other cortractual arrangement with any firm or organization may involve a pctential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of sucn contractual arrangement, d.
Disclosure after aware,
- 1) The Contractor warrants to the best of its knewleoge anc belief, and except as otherwise set fortn in this contract, that it cces not have any organi:ational conflicts of interest, as cefinea in al CFR 20-1,5402(a),
- 2) The Contractor agrees that, if_after aware, it discovers organi:stional conflicts of interest with respect to this contract, it snail make an immediate ano full disclosure in writing to the Contracting Officer.
This statemert must include a description of tne action wnich the Contractor has taken or proooses to take to avolo or mitigate such conflicts.
The NRC may, however, terminate tne contract if termination is in the best interest of the Government, e.
Access to and use of information.
- )
If the Contractor in the performance of this contract cota1ns access to information, such as NRC plans, policies, reports, stuotes, financial plans, internal data protected by the Privacy Act of ;974 (Pub, L,93-579), or cata which has not been releaseo to sne cuolic, the Contractor agrees rot to:
(i)
Use this information for any private purpose until tne Mformation has been releaseo to the public;-
l (ii) Comeete for work for the Commission based on the inf:rmation for a period of six (6) months af ter either the comoietion of this contract or the release of the information to tne puolic, whichever is first; (iii) Submit an unsolicited proposal to the Government
- l based on the information until one year after the release of the
)
information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless the information has l
previously been released to the public by the NRC, i
- 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 a
i I
Page 13 NRC-31-90-266 Section H l
privilegea technical, business, or financts information uncer this contract, the Contractor shall treat the it.'ormation in accorcance with restrictions placed on use of the int: mation, l
- 3) The Contractor shall have, subje:t to patent ano security provisions of this contract, the right to use technical data it l
procuces uncer this contract for private pu Doses provided that all reevirements of this contract have been met.
l Subcontracts. Except as provided it 41 CFR 20-1.5402(h),
the Contractor shall include this clause, fieluding this paragraon, in succentracts of any tier.
The terms "c:itract," " Contractor."
ana " Contracting Officer," must be appropristely moaified to preserve tne Government's rights.
Remecies.
For breach of any of the above' restrictions or for ntentional noncisclosure or misreprese?tation of any relevant inte est recuired to be disclosed concernir; this contract or for i
sucn erroneous representations that necessa-11y imply baa faith, the Government may terminate the contract for :sf ault, disoualify the Centractor frem suosecuent contractual eff:-ts, and oursue other
-etecies permitteo by law or this contract.
n'a i v e r.
A reauest for waiver uncer this clause must be dire:tec in writing through the Contracting Officer to the Executive Dire: tor for Operations (EDO) in accorcance with the croceouret eutP,ec in,41 CFR 20-1.5411.
(End of Clause) 4.4 GC'.'ERNMENT FURNISHED EQUIPMENT / PROPER ~f - NONE PROVIDED (JUNE 1988)
The Government will not provide any e:uicment/oroperty uncer this :entract.
1 (End of Clause) h
5 0
NRC-31-90-266 3'Clion I F2RT.11 - CONTRACT CLAUSES CONTRACT CLAUSES SE-~ICN I I.1 NOTICE LIS*:NG CONTRACT CLAUSES INCORPORATED BY RE~ERENCE NOTICE: The f:llowing solicitation provisions and/or contract clauses pertinen: to this section are hereoy incorporatec by reference:
FEDERAL 1CCUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE I
52.::2-1 APR 1984 OEFINITIONS 52.;;3-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.::3-3 APR 1984 GRATUITIES 52.2:3-5 APR 1984 COVENANT AGAINST CONTINGENT FEES
- 52. :3-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52 I:3-7 OCT 1988 ANTI-KICKBACK PROCCDURES 52.: 9-6 MAY 1989 PROTECTING THE GOVERNMENT'S INTEREST WHEN SU8 CONTRACT:NG WITH CONTRACTORS DEEARRED.
SUSPENDED. OR PROPOSED FOR DEBARMENT
- 52. ;5-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.I;5-2 APR 1988 AUDIT -- NEGOTIATION 52.!!!-25 APR 1987 INTEGRITY OF UNIT PRICES ALTERNATE I (APR 1987)
- 52. ;5-33 JAN 1986 ORDER OF PRECEDENCE 52.;'7-1 APR 1984 LIMITATION OF PRICE AND CONTRACICR OBLIGATIONS 52.I;7-2 APR 1994 CANCELLATION OF ITEMS ALTERNATE I (APR1984) 52.2:7-5 AUG 1989 OPTION TO EXTEND SERVICES 52.2;9-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.2:9-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1584 UTILIZATION OF LABOR SURPLUS AREA CONCERNS i
52.222-3 APR 1984 CONVICT LABOR q
52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISA8 LED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR MANDICAPPED WORKERS i
i
l Page 15 NRC-31 266 Section I 52.222-37 JAN 1938 EMPLOYMENT REPORTS ON S'ECIAL P
DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 APR 1934 CLEAN AIR AND WATER 52.225-13 MAY 1919 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS 52.227-1 APR 19!4 AUTHORIZATION AND CONSENT 52.227-2 APR 1954 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-3 APR 19!4 PATENT INDEMNITY 52.22S-5 APR 1934 INSURANCE -- WORK CN A GOVERNMENT INSTALLATION 52.229-4 APR 19!4 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) 52.229-5 APR 1934 TAXES -- CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO 52.232-4 APR 19!4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND TRANSPORTATION-RELATED SERVICES CON 1RACTS 52.232-8 APR 1959 DISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1934 INTEREST 52.232-18 APR 1954 AVAILABILITY OF FUNDS 52.232-23 JAN 1936 ASSIGNMENT OF CLAIMS 52.233-1 APR 1934 DISPUTES ALTERNATE I (APR 1954) 52.233-3 AUG 1939 PROTEST AFTER AWARD 52.237-2 APR 1934 PROTECTION OF GOVERNMENT BUILDINGS. EQUIPMENT.
AND VEGETATION l
52.243-1 AUG 1937 CHANGES -- FIXED-PRICE ALTERNATE IV ( APR 1984) 52.246-23 APR 1934 LIMITATION OF LIABILITY 52.246-25 APR 1954 LIMITATION OF LIABILITY -- SERVICE 3 i
52.247-5 APR 1934 FAMILIARIZATION WITH CONDITICNS 52.247-12 APR 1914 SUPERVISION. LABOR OR MATERIALS 52.247-14 APR 1954 CONTRACTOR RESPONSIBILITY FOR.
RECEIPT OF SHIPMENT 52.247-17 APR 1954 CHARGES 52.247-21 APR 1934 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE 52.247-22 APR 1934 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD GOODS 52.247-24 APR 19!4 ADVANCE NOTIFICATION BY THE i
GOVERNMENT 52.247-27 APR 1954 CONTRACT NOT AFFECTED BY ORAL AGREEMENT 52.249-2 APR 1954 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) 52.249-8 APR 1934 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) ALTERNATE I (APR 1984)
_ _ _ _ _ _ _ O
Page 16 NRC-31-90-266 52C:103 I RATES. CHARGES AND SERVICES i
(a) The services and facilities furnisnea hereuncer snall be in accercance
.vi t: all acclicaele tariff, rates, charges. rules, regulations or recu1rements (i) lawfully estaolisned by an approcriate ;overnmental regulatory cocy; ano (11) 3: plica:le to service anc facilities furnisnea er Offerec Cy Ine Contrac:Or j
to :ne general puclic or his suoscribers: r at rates. -:erms ano cencitlens of service facilities furnishea or offered by :ne Contrac::r to tne general Duolic L
or nis sues:riter: or at rates, terms ano :: citions of service as may oe agreec ucon suoject, when apprecriate, to ;;risdiction of an anerocriate governmental regulatory body. For any services wnien are furnisnea. :ne l
Government snall te chargea at the lowest r!nx ana uncer the most favorsole er s ana c:nc1:1ers for sim11ar service an: facilities offereo t: any c ner
- us::mer.
.)
he ~ Government may discontinue -.e use of any service or #acilities
'urr'snec nereuncer at any t1me.
Vocn ais::::1 nuance. :ne Government snall
- ay :: -,e C:ntra:::r all cnarges for serv :es anc facilities acjustsc to :ne effe::1ve care of :1scontinuance.
- )
- f a: any time the Government Oe'ers or enanges its Or ers f:r any of
- ne services nereuncer, but coes not cancei :r terminate them. One f. mounts :ala
- r :aya:1e :: :ne C ntract:r for proviaing r.e services ceferreo er 90c1fiec snal :e e: vita:ly adjustea in accorcance witt, soplicaole tariffs filec Oy
- ne ::n:ra: :r wit: ceferral er enange or. 90 tariffs filea by tne Contract:r
.ittr. ;.e re;ulat ry commission anc in effec: : :ne time of tne ceferral :r
- an;e. :r ' no ariffs are in effect, by.rt :en agreement between tne 30se-ent anc :ne Contract:r.
Failure to ag ee on any ac.1ustment snall be a
- 1s:;;e ::n:erning a quest 1on of fact witnt: :ne meaning of :ne "01scutes"
- 13 se.
i
- ..nen
- ne use of service or faciP:1es furnisneo Oy tne C:ntract:r is n e~u::ec :;e :: any cause other : nan tne regligence er willful ac Of ne 3cve-- en, an ac;ustment of the montnly enar;es involvea snall te nace f;r :ne' serv :e enc facilities rencereo incoerative :y reascn cf :ne interruction.
The ac;;s: ment :: :ne montnly enarge snall be.
3::Orcance witn the a Clicacle
- ar.
(End Of Prev s1:n)
'ARIF E0 CHARGES (APR 1984)
Ne C:ntrac::t may pass througn to the kvernment an increase in tariff
- rt
- es f:r : nose elements of tariffea servi:e :rovided by a regulatec carrier, if ;r.e : ar;e nas :een separately identifie: in the price senecules.
If payment is re:uitec for any tariffed charge wnich was not separately identifiea in the
, price scnecules, the Government shall dedue; such amount from payments'to the Contra:t:r (End of Provisicn) r
4 Page 17 NRC-31-90-266
!act on I I.4 REQUIREMEVT5 (FAR 52.216-21) ( APR 1984)
(a) This is a recuirements contract for the sucolies or services specified, ano effective for the period stated, in the Schecule. The quantities of sucolies or services specified in the Scheoule are estimates only anc are not purchased by this contract. Except as this contract may otherwise provide, if the Government's recuirements do not result in orders in the quantities describec as "estimatea" or " aximum" in the Schecule, that fact snall not constitute the basis for an eauttable price adjustment.
(b) Delivery or :erformance shall be mace only as authorizea by orcers issueo in ac:ordance with the Ordering clause. Subject to any limitations in -he Delivery-Order Limitations clause or elsewnere in this ::ntract, the Contractor shall furnish to the Sovernment all s.:elies or services specified in the Scheaule ano calleo for ey orcers issueo in accordance with the Orcering clause.
The Government may 'ssue orcers requiring celivery to multiole destinations or :erformance at multiple locations.
(c) Exceot as tais contract otherwise provides, the Government snall orcer from tne Contractor all the sucolies or services soecifiea in the icneoule that are reauirec to ce curenasea by the Government activity or activities specifiec in the Senecule.
(d) The Govern:ert is not recuired to purchase fr:m the Contractor i
ecuirements in excess of any limit on total orcers uncer snis
- entract.
(e) If tne Gover-ent urgently requires celivery of any cuantity of an item cefore tne earliest date that celivery may ce s:ecifiec unaer tnis contrac. and if the Contractor will not accept an orcer croviding for the a::elerated celivery, the Government may accuire the urgently reoutrec goocs or services from another source.
(f) Any orcer 'ssued during the effective period of this contract and not c moletec within that period shall be completea by the Contractor withir tne time specified in the orcer. The contract shall govern the C:stracter's and Government's rights anc i
ebligations with -espect to that order to the same extent as if the order were complette during the contract's effective perioc:
i provided, that the Contractor shall not be requireo to make any l
celiveries under tais contract after the end of the effective period I
(End of Clause)
-)
Page 18 NRC-31-90-266 Secu cn ~
- 1. 5 DRUG-FREE WORKPLACE (FAR E2.223-6)
(MAR 1989)
(a) Definitions.
As used in this clause. "Controllec Substances' means a controlled substance in schedules I through V of section 2C*
of the Controlled Substances Act (21 U.S.C. 812) ana as further cefined in regulation at 21 CFR 1308.11-1308.15.
" Conviction" means a fincing of guilt (including a plea of nolo contencere) or imposition of sentence, or coth, by any judicial bocy charged with the responsibility to determine violations of the Feceral or State criminal drug statutes.
" Criminal drug statute" eans a Federal or non-Fecerai criminal statute involving the manufacture, distribution, dispensing, possession or use of any contreiled substance.
" Drug-free worxolace" means a site for the performance of work done in connection with a specific contract at wnich emoloyees of the Contractor are orchibitec fnm engaging in the unlawful manufacture, cistribution, ciscensing, possession, or use of a controlleo sucstance.
"Emoloyee" means an emolcyee of a Contractor directly engagea i-the cerformance of worx uncer a Government contract.
)
"Incivicuai" means an offerer / contractor that has o more tnan one emoloyee incluaing the offeror / contractor.
(b) The Contractor, if otter than an incividual, s all-(1) Publish a statement notifying its emoloyees nat the unlawful manuf acture, distribution, dispensing, possession, or use of a controlleo suostance is cronibited in the contractor's workolace anc soecifying the actions that will be taken against emoleyees for violations of suen prohibition:
(2) Estaclisn a drug-free a.areness program to inform such empieyees about-(1)
The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; anc (iv) The cenalties that say be imposed upon emoloyees for i
drug abuse violations occurring in the workplace.
1 J
~
o Page 19 NRC-31-90-266 iectten I (3) provide all employees engaged in cerformance of the contract with a copy of the statement required by succaragrapn (b)(1) of this clause:
(4) Notify suen employees in the statement required by sue:aragraph (b)(1) of this clause, that as a condition of continuto em:icyment on this contract, the employee witi-(i) Abide by the terms of the state.*ent; ana (ii) Notify the employer of any' criminal drug statute c:nviction for a violation occurring in e workplace no later than five (5) cays after such conviction.
(i) Notify the contracting officer witnin ten (10) cays after receiving notice under subdivision (b)(4)(ii) of this clause, from an emoloyee or otherwise receiving actual notice of suen conviction; (5) Within 30 days after receiving notice uncer subcaragraon (b)(a)(ii) of this clause of a conviction. frcose the following san:tions or remeaial measures on any emoleyee who is convictea of j
erug aouse violations occurring in the worte: ace:
)
(i) Taking appropriate personnel a:t'en against 4uen emoicyee, up to anc including termination: or (ii) Recuire such employee to satisfactorily participate in a cru; asuse assistance or rehabilitation e-: gram approvea for sucn
- ur:oses by a Federal, State, or local hesite, law enforcement, or otner appreoriate agency.
l
(
(?) Make a good faith effort to maintain a drug-free workolace hr:ugn implementation of subparagraphs (b)(*) througn (b)(6) of this :lause.
I
(:) The Contractor, if an individual, agrees by award of the
- ntract or acceptance of a purchase orcer, ret to engage in the unlawful manufacture, distribution, dispensieg, possession, or use of a controlleo substance in the performance of this contract.
j (d)
In addition to other remedies availasle to the Government, the Contracter's failure to comply with the requirements of paragraohs (b) and (c) of this clause may, pursuant to FAR 23.506, rencer the contractor subject to suspension of contract payments,
~ termination of the contract for default, and suspension or debarment.
(End of Clause) i
Page 20 NRC-31-90-266 UCU0n !
I.6 PROMPT PAYMENT (FAR 52.232-25)(APR1989)
Notwithstanding any other payment clause in this centract, the Government will aske invoice payments and contract financing payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a enecr. is cated or an electronic funds transfer is mace.
Definiti:ns of pertinent terns are set forth in 32.902. All days referrec to in this clause are calendar days, unless otherwise specifiec. The term
"'oreign venoor' means an incorporated concern not inc:r: orated in the Uniteo States, or unincorporatec concern having its :rincipal clace of business outside the United States.
(a) Invoice Fayments.
(1) For cumses of this clause, " invoice payment" eans a Government cistursement of monies to a Contractor uncer a contract or otner autneri:ation for supplies or services acceotec :;y the Government.
This includes payments for partial deliveries that have been acceotec ey the Government and final cost or fee :ayments wnere amcunts owea nave been settled between the Government sn:: ne Contractor, (2) Exceot as indicated in subparagraph (a)(3) anc :aragrapn (c) of this clause, tne due date for making invoice paymeats :y the cesignateo :aynwns office shall be the later of the f:21: wing two events:
i (1) ine 30th day after the designatea billing :ff*:e nas re:eivea a cre:er invoice from the Contractor.
(ii) The 30th day after Government acceptance :# sucolies
- elivereo or se-vices performed by the Contractor.
C. a final 4
invoice wnere.ne payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurrec :n ne effective case of the contract settlement.
However, " :ne cesignated billing office fails to annotate the invoi:e with the actual date of eceipt, the invoice payment due date snail be deemed -
to be the 30th day after the date the Contractor's invoice is dated, provided a pre:er invoice is received and there is no cisagreement
{
over quantity, :uality, or Contractor compliance with contract requirements.
(3) The cue date on contracts for meat and meat f:oc products, contracts for :erishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an
i J
Dage 21 3'CtI@"
NRC-31-90-266 invoice shall be as follows:
(1) The due date for meat and meat food products, as definea in section 2(a)(3) of the Pacters and Stockyard Act of 1921 (7 U.S.C.182(3)) and further cefinea in Pub. L.98-181 to include any edible fresn or frozen poult y seat, any perishable poultry meat l
foco procuct, fresh eggs, anc any perishable egg products will be as close as possible to, but not later than, the 7th day af ter procuct L
l delivery.
(11) The due date for :erishable agricultural commocities, as definea in Section 1(4) of tne Perishable Agricultural Commocities Act of 1930 (7 U.S.C. 499a(aA)), will be as close as possible to.
but not later than, the 10th day after product delivery, unless
(
anotner cate if specified in the contract, I
(iii) The due date for dairy procucts, 'as definea in Section i
l 11*.(e) of the 0 airy Production Stacilization Act of 1983 (7 U.S.C 4502(e)), eoible fats or oils, will be as close as possible to, but not later than, the 10th day af ter the date on which a procer invoice nas Deen received.
(4) An invoice is the C:ntractor's bill or written reauest for payment uncer the contract f:r supplies delivered or services performeo.
An invoice shall be prepared and submitted to the designateo billing office specifiec in the contract. A proper invoice must include the itees listed in subdivisions (a)(4)(1) thr:ugn (a)(4)(v111) of the clause.
If the invoice does not comoly i
(
witn thes'e recuirements, then the contractor will be notified of tne defect within 7 days after receipt of the invoice at the designatec l
bi1* f ng office (3 days for meat and meat food products and 5 days for :ertsnacle agricultural :ommocities, edible fats or oils, anc f::c crocucts prepared from eoible fats or oils).
Untimely not fication will be taken into account in the computation of any interest :enalty owed the Contractor in the manner described in su::aragraon (a)(6) of this :lause.
(i) Name and address Of the Contractor.
(ii) *nvoice date.
(iii) Contract number or other authori:ation for supplies delivered or services perfonied (including orcer numoer and contrac-line item numoer).
(iv) Description, quantity, unit of measure, unit price, anc extendea price of supplies celivered or services performed.
~
(v) Shipping and paynent terms (e.g., shipment number and date of shipment, prompt paysent discount terms).
Bill of lading numoer and weight of shipment will be shown for shipments on' Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a
7 O
Page 12 NRC-31-90-266 I'Cti:n I pr;;er notice of assignment).
(vii) Name (where practicable), title, phone numoer ano matling address of person to be notifiec '9 event of a cefective invoice.
(viii) Any other information or de:.:rentation recuirea by ott.er eequirements of the contract (such as evidence of shioment).
(5) An interest penalty shall be paid aut:matically by the Govern'nent. without request from the Contractor, if payment is not mace ey the due date and the conditions listec in subdivisions (a)(5)(1) througn (a)(5)(111) of this cla se are met, if applicaole.
An '9terest cenalty shall not be paid on ::ntracts awarcec to fr:eign vencers outside the United States f:- work performeo outside the Uniteo States.
(i) A proper invoice was received :y tne designateo billf eg off' e.
(ii) A receiving report or other G:ve-nment documentation autr.:r1:ing payment was processed anc them was no cisagreement :ver cuantity, cuality, or contrsetor compliar.:e with any c:ntract tarm or ::ncition.
1 (iii) In the case of a final invoi:e 'or any calance of 'unas j
cue tne Contractor for supplies deliverec or services :erformea, the amcunt was not sucject to further contract settlement actions tet.een the Government and the Contractor.
(6) The interest canalty shall be at t e rate estaclisnea by the Sec etary of the Treasury under Section l' 0' the Contract Discutes Act :f 1978 (41 U.S.C. 611) that is in ef'ect on the cay af ter -P.e due case, except where the interest penal:y 's prescr :eo ey otner geverrmental authority.
This rate is referrec to as tne
" Renegotiation Boaro Interest Rate," and 't 's publisneo in the Fecerai Register semiannually on or about Jaruary 1 anc July 1. ~he interest penalty shall accrue daily on the i. voice payment amount ao: oved by the Government and be comooun:ec in 30-cay increments inciusive from the first day af ter the due cate througn the cayment date.
That is, interest accrued as the en:: cf any 30-cay cerioc will be added to the approved invoice paynent amount and be subject to 'nterest penalties if not paid in the succeeding 30-day perioc.
If the designated billing office failed t: notify the contractor of a cefective invoice within the periods prescribed in subparagraon (a)(4) of this clause, then the due date en the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty j
~
owec the Contractor will be based on this adjusted due date.
J Adjustments will be made by the designatec payment office for errors in calculating interest penalties, if req'.:ested by the Contracter.
(i) For the sole purpose of computing an interest penalty I
that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day after the
NRC-31-90-266 Section !
)
- ntractor delheaec the supplies or cerformed the services in accorcance with t.te terms and conditions of the contract, unless there is a disagreement ovgr quantity, quality, or contractor compliance with a contract provision.
In the event that actual acceptance occurs within the constructive acceptance perioc. the catemination of an interest penalty shall be based on the actual cate of acceptaa:e. The constructive acceptance requirement does not, noever, c:moel Government of ficials to accept sucpltes or servim, perfen contract administration functions, or mane payment prior to fulfilling their responsibilities, (ii) The following periods of time will not be included in the ceterminati:n of an interest penalty:
(A) TN ceriod taken to notify the contractor of defects 4n invoices subatstea to the Government, but this may rot exceec 7 cays (3 days for est and meat food products and 5 days for perisnable agricv!: ural commodities, dairy products, eoible fat or ils, anc food :re:uets prepared from edible f ats or oils).
(B) Tre ceriod between the defects notice anc resubmission
- f the correctec ia. voice by the Contractor.
(iii) Inutest penalties will not continue to accrue after tne filing of a :! aim for such penalties under the clause at F2.233-1. Dispuus, or for more than 1 year.
Interest penalties of
'ess snan $1.00 neec not be paid, (iv) Inte-est penalties are not required on payment celays
- ue to disagreerient between the Government and Contractor ever the
- ayment amount :r einer issues involving contract comoiiance or on amounts temocrattly withheld or retained in accordance witn the l
terms of the contract. Claims involving disputes, ano any interest snat may be paya:1e, will be resolvec in accordance with sne clause l
st 52.233-1, Dis:ute s.
(7) An interest penalty shall also be paid automatically by the
- esignatec cayment office, without request from the centractor, if a
- isc:unt for pr:me: :ayment is taken improperly, The interest
- enalty will be calculated as described in subparagracn (a)(6) of this clause on
.e amount of discount taken for the perioc beginning with the first :ay after the end of the discount perioc thr ugn the case when the C:ntractor is paid.
(8) If this :entract was awarded on or after October 1,1989, a penalty amount. :alculated in accordance with regulati:ns issued by the Office of Management and Budget, shall be paid in addition to
. the interest peralty amount if the contractor:
(i) Is owo an interest penalty; (ii) Is mt paid the interest penalty.within 10 days after the date the invoice amount is paid; and 1
(iii) Makes a written demand, not later than 40 days after
1 s-p t
. - 4 Dage-24 NRC-31-90-266 Section I the date the invoice an.ount f s said. taat the agency pay sucn a penalty.
l (b) Contract Financing Paynents.
(1) For purposes of this clause, " contract financing payment" means a Government disbursement'of monies to a Contractor uncer a contract clause or other authorization prior to acceptance of supplies or services by the Government.
Contract financing payments include advance payments, progress payments based on cost uncer the i
clause at 52.232-16, Progress Payments, progress payments cased on a percentage or stage of completion (32.102(e)(1)) other than those mace uncer the clause at 52.232-5,- Payments Under Fixed-Price Construction Contracts,-or the clause at '52.232-10, Paynents Unaer Fixea-Price Arenitect-Engineer _ Contract's. and. interim payments on cost type contracts.
(2) For contracts that provide for contract financing, reouests
' for cayment shall be submitted = to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing :ayments shall be made on the 30th cay after receipt of a proper contract financing request by the designatea billing office.
- n the event that an auait or other review of a specific -financi g equest is requirec to ensure comoiiance with sne terms anc c:nditions of the contract. the designated payment of fice is not comoelled to make payment Oy-the' due cate specifiec.
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissic.9s of contract financing recuests, 4
payment shall be mace in acc:rcance with the correscenaine contract terms or as direc:ec by the Contracting Officer.
l (4) Contract f'nancing payments snall not be assessea an L
interest penalty #:r payment delays.
l l
(c) If this contract contains the clause at 52.213-1, Fast Payment Procecure, payments will be nace within 15 days af ter the case of 1
receipt'of the invoice.
r l
(End of Clause)
I.7 ELECTRONIC FUNOS TRANSFER PAYMENT METH005.(FAR 52.232-23)
(APR 1989) l-r i
L Payments under tnis contract will be made by the Government either l
by check or electronic funds transfer (through the Treasury Fedline
~
L Payment System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government. After award, but no later than 14 i
days before an invoice or contract financing request is suositted, the Contractor shall designate a financial institution for receipt of electronic funas transfer payment, and shall submit this designation to the Contracting Officer or other Government Official, as directed.
i L
Dage 2c NRC-31-90-266 S'Ction i L
(a) For payment through FEDLINE, the Contractor shall erovide the f:llowing information:
(1) Name, address, and telegrapnic aooreviation-of-the financial institution receiving payment.
(2) The American Bankers Association 9-::igit identifying numoer fer wire transfers of the financing institution receiving payment if the institution has access to the Feceral Reserve Communications
!~
System.
t (3)_ Payee's account numoer at the < financial institution whsre funca are to ce transferred..
(a) If.the financial institution does not have access to the Feceral Reserve Communications System. name, address, anc telegraonic abbreviation of. the corresponcent financial hstitution tnreuen wnich the financial institution receiving payment obtains -
wire transfer activity.
Provide the telegraonic abbreviation ano tne American Bankers Association identifying numoer for tne c:rresponcent institution.
(b) For payment through ACH,. the Contract:r snall provice the f:11: wing information:
(1) Routing transit numoer of the financial instituti:n re:eiving payment (same as American Bankers Association 4:entifying-_
n ::er useo for FEDLINE').
l l
(2) Numoer of account to which funos are to'be depositea.
(3) Type of cecositor account ("C"' for : necking, "S" 'or savings).
(a) If the Contractor is a new enrollee to the ACH system, a "Syment Information Form," SF 3881. must :e completed before payment can ce pr: cessed.
(:) In tne event the Contractor, during tne performance of this c:ntract, elects to designate a different financial institution for the receipt of any payment made.using electronic funds transfer pr:ceaures, notification of such change and the requirea information specifiea above must be received by the aooropriate Goverament-official 30 days prior to the date such change is to beceme-effective.
(d) The documents furnishing the information required 'n this clause must be dated and contain the signature, title, anc telephone nuncer of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.
(e) Contractor failure to properly designate 'a financial institution or to provide appropriate payee bank account information may delay payment of amounts otherwise properly due.
Page 26 NRC-31-90-266 Section I (End of Clause)
I.5 CLAUSES INCCRPORATED BY REFERENCE l'
(FAR 52.252-2). (JUN 1988).
~his contract incorporates one or more clauses by reference, with the same' force anc ef fect as if they were given in-full text. Upon
- ecuest, the Certracting Officer will make their full text available.
(End of Clause) l e
9 i
l i
i t
9 e
t Page 27 Section J NRC-31-90-266 PART III - LIST CF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS
.SECTION J - LIST OF ATTACHMENTS J,1.
ATTACHMENTS (MAR 1987)
Attacnment Numoer Title i
Bil'ine Instructions 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) l 2
i F
i
c..,
]
--:.; _.~.-..: :..e,
r,.
?
1 Dage 28-Section K=
3 NRC-31-90-266 REPRESENTATIONS M e INSTRUCTIONS pai IV i
SECTION K - REPRESENTATIONS. CERTIFICATIONS MO OTHER STATEMENTS _0F 0FFERORS j
P K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) ( APR 1985)-
l.
(a) The efferor certifies that--
?
indecencently,
(!) The prices in this offer nave oven arrived at without. for the purpose of restricting ccacetition, any consultation, communication, or agreement with any. other offerce er competiter relating (to (1) those prices,-(f f) the intention toiii) the meth suosit an offer or the artces offerso:
(2) The prices in this offer nave not eten and will not :e knewingly disclosec by the of feror, directly or indirectly,- tc'any otner efferor or ccmoetitor eefore oid onening (in the case of a seaiec cid solicitation) or contract award (in the case of:a necotiateo solicitation) unless otnerwise recuired by law anc
~
(3) No attemot has been made or will be mace by the ciferor te incuce any otner concern to submit ;r not to submit an offer for
.e F
pur ose of restricting competition.
l (c) Esen signature on the offer is censidered to be a certification by the signatory that the signatory--
i (1) !s the person in the offeror's organization responsible fer determining the prices being offeree in this bid or proposal, ano that tne signatory has not participatec anc will not participata-in any action contrary to subparagraphs (a)(1) through (a)(3) above:
er l
(2) (i) Has been authorized, in writing, to act as agent for the folicwing principals in certifying that those principals have not particioated, and will not participate in any action contrary to-o l
- uccaragraphs (a)(1) through (4)(3) above A / ipa p d
/h v N /d A/G H 7 ~~
th 40p ees /so/es /.sfas.g, OddM2 Dwo
~
.hawn nresJ ~ R.<.24 Tita noiv e, G.
(Insert full. name of person (s) in the offerer's organization 1
responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the offeror's orgaattatierr);
i 7
e-w-
T w
w SEY4-'
wp w
j
V e.:= u ao u a rus ri;: i n,! w N i ;:ir N o ruo p. :, -
(y-8 age 29 NAC-31-90 265 Section 8 (fi) As an 'ausnorizac agent.. dces certify that the *inc: sis.
nameo in succivision (b)(2)(1) abcve w.% not carticipatec. anc will not carticipate in any action contrary to suboaragraons (a)(1) througn (a)(3) aoove; and (l11) As an agent, has not personally participatea. anc will
.not :articipata. In any action contrary to suboaragrapns (a)(1) l througn (4)(3) aoove.
(:) If tne offerer deletes er modifies subparagreen (a)(2) aoove.
the offerer must furnish with its offer a signeo statement setting fortn in cetail the circumstances of the cisclosure.
(End of Provisten)
K.
CONTINGENTIE AEPRESENTATION ANO t'
AGRE9ENT (:AR 52.203-4) (APR I!!4)
(a) Recresentati:n.
The offerar reoresents tnat. except for full-time cona fice emoloyees working solely for the offerer the offeror--
f (Note: 'he offeasr must check the acercortate cores, he interoretation of tee reoresentation. M !ucing the ters Sena f'es
'4 emoioyee." see 3.:ccart 3.4 of the Fecerai' Acoutsition Regulatten. )
(1) (. ). has. (
as not employed or retainec any person :-
company t: sol':it _ or 'octain this contract: anc (2) ( ) has. [has not paid or agreec to pay to any :e-son.:r comeany emoioyeo cr retainec to solicit :r obtain this ccetract any c:mmission. Osatentage, brokerage, or etter fee contingent u:en or resulting (r:m tr.e aware of this contiset.
(b) Agreement.
The offeror agrees to crevide infomaston relating to t e ao ve teorssentation as requestec ey the Contracting Officer ano. wnen suecaragrech (a)(1) or (a)(2)' is answred affirmatively.
to Oromotiy sa:mit to the Contracting Officer--
4 (1) A c:moistec Standarc Form 119,- Statement of Contingent _:r Other Fees. (5F IIS); or (2) A signeo statement indicating that the SF 119 was creviously suomittec to the same contracting of fice, including the cate ano appiteable soiiettation or centract numoer, and representing that
, tu orter SF 119 applies to this offer or quotation..
4 5
(End of Provision) 8
.t.
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hge 30 1
NRC-31-90-266 g,c,,,,
K. 3 TAXPAYER ICENTIFICATI3f (FAR 52.204-3) (SEP 1939)
I
. (a) Definitions. " Common. carent.d as used in the solicitation provision, means that corporate entity tnat owns or controls an affiliated group of corporations that files-its Federal inecee tax
. returns on a consolidated basis, anc of wnich the offerer is a meener.
"Cornerate status,"'as usse in this' solicitation provision, means a designation as to whether the offeror is 4. corporate entity, an
- .nf ncorocrated entity (e.g., sole procrittersnip or partnersnip), ~ ;r.
.a corocratton previding meafcal'and health care services.
"Taxcayer identification Encer (TIN)," 'as used in this ~
-solicitation provision -means the numcar required by the IRS to ce usec by the offerer in reporting income tax anc other raturns.
(b) The offerer is requireo to submf t-the information requireo in saragracns -(c) threugh (e) of this -solicitation provision in oNer to comeiy with reporting reevirements of 26 U.S.C. 6041, 5041A. anc o050M anc Imclementing regulations-issuec by the Internal Revenue Service (IRS).
If the resulting contract is suoject te recorting recutrements described in 4.902(a), the failure or refusal-by the l
cfferer to furnish the-Information may result in a 20 careent -
recuttien ci payments otherwise due uncer the contract.
(c Taxpayer Identification Numcer (TIN),
i
([)) TIN:UE 6 5 A 9 7/C L.
(
).T!N: has geen applies for..
(
) TIN: is not requireo because:
( ) Offeror is a noncesident alien, foreign corporation. or foreign partnersnip that does not have income effectively connecteo witn tes conduct of a trade or business in the U.S. 'and does not have an effice or place of business or a fiscal paying agent in the U.3;
( ) Offerer is an agency or instrumentality of a foreign government:
( ) Offeror is an agency or instrumentality of a Federal, stats or local government;
( ) Other. $ tate basis.
(d)CorporateStatus.
( ) Corporation creviding medical anc health care services, or engages in the billing.and collecting of payment: for such services:
( ) Other corporate entity;
( ) Not a corporate entity;
( ) $ ole proprietorship;
( ) Partnership;
(
).Ho. spita. l.or extended care fact !1ty desc,ribeo in 26 CFR
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(Y Faae 31 Section K NRC-31-90-266 (e) Common Parent.
(
) Offeror is not ownec or controllec by a common parent as I
, definec in' paragraon (a) of thf s clause.
(
) Name and TIN of comon parent:
Name 1
TIN-(End of Provision).
(,4 CERTIFICATION REGARDING DEBARMENT. SUSPENSION, PROPOSE 0 DEEARMENT, ANO 0THER RE310NSIBILITf tiATTERS (FAR 52.209-5) (MAY 1989)
(a)(1) _ The Offeror; certifies, to the cest of its knowleoge anc belief, that -
(i) *he Offeror and/or any of its Principals -
l (A) Are ( ) are not (
presently debarred, suspenceo.
prooosec for cebarment, or declared ineilgible for. the award of b:ntracts :y any Feceral agency; i
(3) Have ( )- have not (
within a 3 year period arveecine tnis offer, been convicted of r nac a civil judgment renaereo'against them for:
commission of fraud or a criminal offense in c:nnecti:n with ebtaining, attemoting to obtain, or
- erformino a oublic (Federal, state, or local) centract er succ:n:ract: Y1olation of Federal or state antitrust statutes viating :: :ne sucmission of effers; er commission of emoezzlement.
sneft, forgery, bribery, f alsification er destruction of recoros, sking f aise. statements, or receiving st ian property; and Are ( ) are not ([ presently indicted for, or (C) o:horvise ertminally or civilly chargea by a governmental entity wit.% c= mission of any of the offerses entmierated in subdivisica (a)(1)(1)(9) of this provision.
(11) The Offeror has ( ) has net (
within a 3 year serice prececing snis offer, had one or more c:nzracts terminated for l
e 9
e l
T p;
pag. 2a L
HRC-31-90-266 S2Gion L default by any Feceral agency.
(2) '" Principals," for the purposes of this certification. F.eans officers; directors: owners; partners; and, persons having primary management: or susiervisory reroonsibilities.within a business entity (e.g., general manager; plant manager; head of a supsidiary, civision, 'or business segment. and similar positions).
THIS CERi!FICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UMITED 5 FATES AND THE MAKING OF A FALSE. FICTITICUS, i
l OR FRAVOULENT-CERTIFICATION MAY RENDER 1HE MAKER SUiUECT TO
.PR0!ECUTION Uf0ER SECTION 1001,-TIT 1.E IS,. UNITED STATES CODE.'
l (b) - The Offerer shall provide imediate written notice to the Contracting Officer if,-at any time prior to contract awarc, ths Offerer learns that its certification was erroneous when sut:1stad or has become erreneous by reason of changed circumstances.
(c) A certification that any.of the items in paragraph (a)- of this provision' exists will not necessarily result.in withholcing of an awero uncer this solicitation.
However, the: certification will be considered in connection with a detemination of the Offeror's responsibility.
Failure of the Offerer to furnish a certification-(
or provide suen aeditional information as request c tr/ the Contracting Officer may rencer the Offerer nonresponsiole.
(d) Nothing contained in tne foregoing'shall be censtrued to reautre establishment of a syste:n of records in orcer to rencer. f n geco faitn, the certificatien recuired by otragraph (a) of this-prov i si en.
The knowledge anc infomation of an Offerer is not
?
recuireo to oceec that which is normally possessed b/ a crucent
- erson in the orcinary course of business dealings.
(e) The certification in paragraph (a) of this prevision is a material representation of fact upon wnich reliance was placec when m ing awarc.
If it is later ceterminec that the Offeror-knewingly rencered an erroneous certification, in addition to cther remedies availabio to the Government, the Contracting Officer may terminate tne contract resulting from this solicitation for default.
(ina of Provision) l X. E TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JJL 1987)
The offeror or quoter, by checking the applicable tmx, represents taat--
(a)
It operatas as ([a corporation incorporated under the laws of the State of
/M d
, ( ) an individual, ( ) a partnership. ( ) a nonprofit organization, or ( ) a.foint venture; or (b)
If the offerer or quoter is a foreign entity, it operates as
( ) an individual, ( ) a partnersnip, ( ) a nonprofit organizatien,
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NRC-31-90-266 Secttan s
( ) a joint venture, or ( ) a corporation. registerec for :usiness fn
- (country).
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(End of Provision) 4.6 AUTHORIZED NEGOTIATORS (Fare 52.225-12) ( Apit 19s4) 4 The offerer or qvcter represents taat the following persons are autnerizec to negotiate on its behalf with the Government in Ocnnection with this request for proposals er quotations: (list names, titles, and telephone numbers of the authorizec riegotiators),
$/hADY kAJI Yiftf N2M mad /3aA,.SichL h ')
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P' t 7 874-2552s GO C AB Ab s -!+. 41 - MJ /d so 3/7 $5y-329; y
(End of Provisicn) j i
(.7 3 MALL SU51NE55 CONCEP,N REPRESENTATICN (FAR 52.219-1) (FEB -1990) l (a) Representation.
The offpor represents ano :ertifies as part of its offer that it is,
/
is not a small business cor.cern and that
(
_ all, not all end items te be-furnished will be manufactured or procucac by a small business concstn in the tinited States, its territories
~
or possessions, Puerto Rico, or the Trust Territory of the Pacifie Islands.
(b) Definition.
Small business concern, as used in this provisien, means a cancern, f nciucing its affiliates, that is independently: orned and operatec, not-dominant in the field of operation in which it is bidding on Govermsent centracts, and qualified as a smalt business 'under the criteria and ~ size stancarcs in this solicitation.
(c) Notice. Vncer 15 U.S.C. 645(d), any. person who misrepresents a it W s status as 4 small business concern in paragrapn (a) of this clause in Orcer to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), S(d), 9, or.15 of the Small Business Act or any other provision of Federal law that specifically references l-section 8(c) for a definition of program eligibility, shall-(1) be punisheo Oy imposition of a fine, imprisonment, or both; (2) be subject to-administrative remedies; and (3) be. ineligible for participation in programs concucted under the authority of the Act.
(End of Prevision)
K.8 SKall DISADVANTAGED SUSINESS CONCERN REPRESEFTATION (FAR 52.219-2)
(FEU 1990)
(a) Representation.
The offerer represents.that it
- is, /
t s not a small disadvantaged business concern.
- .;i e rr 4.
L
.i gy Pa9e 34 NRC-31-90-266 Section x L
(b) Definitions.
Asian Pacific Americans, as used in this provision, means United States t
citizens whose origins are -in Japan, China, the Philippines Vietnam, Xorea, 54moa, Guam, the U.S. Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos. Kampuches (Cambodia) Taiwan, Burma Thailand, Malaysia Indonesia, Singaport, Brunei, Republic of sne Marshall Islands, or the Federated States of Micronesia.
3 Indian tribe, as used in this-provision, means any Indian tribe, cana, nation, or other organized group or community of Indians, ~ including any Alaska Native Corporation as defined in 13 CFR'124.100 which is recognized as eligible for the special programs and services provided by the U.S. to -
Indians because of their status as Indians, or which is recognized as such
[
by the State in which such tribe, band, nation, group, or community resices..
-i Nat,1ve Americans, as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.
Native Hawaiian Organization, as useo in this provision, means any ecamunity service organization serving Native Hawaiians in, and chartered as a not-for profit organization by, the State of Hawaii. which is controlled by Native Hawaiians, and whose business activities will princbally benefit such Native Hawaiians.
Small business concern, as used in this provision, means a concern, including its affiliates,. that is indepenoently owned and operatad, not desinant in the field of cperation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR part 12L I
Small disadvantaged business concern, as used in this provision, means a small business concern that (a) is at least 51 percent uncer.ottionally owned by one or more Individuals who are both socially. and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or inore socially and economically disadvantaged individuals and (b) has its management and daily business controlled by one or more such individuals.
This tem also means a small business concern that is at least 51 percent unconditionally owned by an Monomically disadvantaged Indian tribe or Native Hawaiian Organization, or a pubitely owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled-by members of an economically disadvantageo Indian tribe or Native Hawaiian Organisation, and which meets the requirements of f
13 CFR part 124.
Subcontinent Asian Americans, as used in this provision, means United States citizens whose origins are in India, Pakistan, Bangladesh, Sri Lanka, Shutan, or Nepal.
(c) Qualified groups. The offerer shall-presume that socially anc economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Amerteans, and. other individunis found to be qualified by SBA under 13 CFR 124.
The offeror shall presume that socially and econcaically disadvantaged i
entities also include Indian tribes and Native Hawaiian Organizations.
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Hac-31-90-266
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(, i WCNEM-outed SMLL SUSIN!S3 RErRESENTATICH 1
(FAR 52.'219-3)- ( APR 1984)
( 4) Representation.
The offerer represents that it ( ' is, ( ) is
)
no, a women-ewned small business concern.
(:) Definitions.
" hall business c:ncern," as uself in this provision. eens a 1
- nc:rn, including its affiliates, that is incepenanntly :wnee anc c:eratec, not dominate in the field of operetton in whic. it is biccing on Goverment contracts, and qualf fica as a saal" business.
uncer the criteria ano size standarcs in 13 CFR 121.
"'40 men-cwnec," as used in this provision, means a satil business tr.at is at least 51 percent owned by a woman or ween wnc are U.S.
cMf: ens are who also control, and emerate the business, (End of Provision)
- 0 10 PREFE:S CE FOR LABOR SURPLUS AREA CCNCERNS (FAR 52.220-1) ( APR 1964) l (a) This accuisition is not a set asics for labor surcius ares (l,$A) concerns. However, 'the offeror's status as such a concern may l'
affect (1) entitlement to awarc in case of tie offers or (2) offer evaluation in accorcance with the Buy American Act clause of this solicitation. In order to determine whetner. the offerer is entitloo to a preference under (1) or (2) above, the offerer must identify, t:siew, the LIA in which the costs to.be incurred on account of-ranufacturteg or production (by the offe cr or the first+ tier succontractors) amount to more than 50 percent of the corn:ract price.
(b) failure to identify tne locaticas as scacf fies abcve Wil precluce consideration of the offeror as an LSA concern.
If tr.a of feror is avamed a contract as an L$A concern anc would not nave etnarvise cualified for award, the offerer shall perfom the tontract or cause the cor. tract te ce cerformea in accordance witn l;
tne obligations of an t.5A concern.
(End of Provisten)
/. 11 CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21) ( APR 1984)
(a) "Segregatec facilities," as used in this provision, means any
,,eiting rooms, work areas, rest rooms anc wasn roomes. restaurants anc other eating areas. time clocks, locker rooms asa othat stcrage or cressing areas, parning lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities providsc fer emolcyees, thzt are segregated by explicit directive or are in
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NRC.31 90-266 Sect:en K (b) By the sucaission of tnis offer. lthe offerer cer:4ffes that it cces not anc will not maintain or provide for its emcloyees any S
segregasse.f acilities at any of its establishments, anc that.it dcas not anc will not permit its employees ~ to perform their services as any location uncer its castrel where segregatec facilities are malatatned.- The offeror agrees that a breach of this :ertificatfen ls a violation of the Ecual Opportunity clause in the c:ntract.
(:) ine offeror further agrees that-(excect where it nas octaines teentteal certifications' frem proposed succontracters fer soecific time periocs) it wfil--
l (1) Obtain. identical certific:tions from' proposee succentract:rs tafere tne award of subcontracts under which the succentracter will' te suoject to the Ecual Deportunity clause:
.y (2) Retain the certifications in the files sac (3) Forware the following r.otice to the proposed succ:stracters (except if the proposed' subcontractors-have submittec identical certifications for specific time perfeas):
NOTICE-T0 PROSPECTIVE SU8CCNTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregatec Faci 11ttes 'must be submittac
(
tefore the award of a subcontract under which the succentractor will
- e sucject to the Ecual Opportunity clause.
The cert?fication'may 00 suositted either for eacn subcontract or for all sue:catract:
durtog a periec (i.e.. quarterly, ' semiannually, or annually),
NOTE: The canalty fer making false statements in' offers is j
orescriera in 18 U.S.C.1001.
(End of Prevision) 4.12 PREVIOUS CCNTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (APR 1984)
The efferer represents that--
l (a) It ( ) has, (vf has not partic' natec in a crevicus centract or i
succentract subject either to the Ecual Opportunity clause of this solicitatten, the clause originally'containec in Secti:n 3 0 of 1
Executive Order No.10925, cr the clause contained in section 201 cf J
Executive Order No.11114; t
(b) It (
has, ( ) has not filed all reovirac ecmoitance reports:
l anc (c) Representaticas indicating submission of reoutree c::oitance 4
gecrts. Signec by proposec succentracters, will be cetaiced before r
succontract awards,
- t
N Page 37 j
-s 3'CII0" X L
NRC 31-90 266 t.13. AFFIRMATIVE ACTIM CCMPLIANCE (FA3t 52,222-25) (APR 1984) rne offerer represents that--
(a) !: (
as developed and has 'on file, ( ) has net caveioned anc coes net have en file,, at each establishment, affirms: ve acti:n
- ograms recuired by the rules and regulations of the Secretary of
.aber (al CFR 60-1 ane 60-2), or (b) It ( ) has not preytcusly hac subject-to the written affirmative action crogerms
- ntract:
toutrement of the rules anc regulations of the Secretary :f Laccr.
(EndofProvision) l-X.14 CLEAN AIR AND WATER CERTIFICATION l
L (FAR 52.223-1) (APR 1984)
(-
Tne Gf f aror cert 111es that~-
(a) Any facility to be usgin the perfomance of this :roposeo
- entract is ( ), is not (glisted on the Environmental Petection Agency List of Violating Facilities:.
(b) The Offerer will immeciately eotify the Contracting Offi:er.
' efere award, of the receipt cf any casusunication from tne-e Adstnistretor, or a designee of the Environmental Protection Agency, incicating that any facility that the Offerer proceses to usa for sne performance of the contract is under considerasica to ce if stec en the EPA List of Violating Facilities: ind (c) The Offerer will incluce a certification substantially ene same as this cartification, including this paragraph (c), in eYory nonenemot subcontract, (End of Provision) 4.15 CER7!FICATICN REGAADING A ORUG-REE WORKPLACE (FAA 52.223-5) (MAR'1989)
'i (a) Definitions. As used in this previsien, "Contacilec suostanew" eans a controlled substance in senedules I :nreuca V of-sect:en 20Z of = the Controlleo Substances Act (21 U.S.C. $12) anc as furtner enfined in regulation at 21 CFR 1308.II-1308.15.
- 1 "C:nviction" means a finoing of guilt (including a clea of nolo
- ~
- ntendere) or imposition of' sentence, or both, by any jueicial becy
- hareeo with the responsibility to determine violatiens' i :ne Feeeral er State criminal crug statutes.
]
" Criminal drug statuts" means a Federal or non-Feoerai criminal statute involving the manufacture, distributton, dispensing.
possession or use of any controlled substance.
4
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het1on c NRC-31-90 26o '
"Crug-/+te worKplace means a site for the cerfonaance of '. ort d
done in c:nnection with a s:ecific :entract At which esoi:yees of the Contructor are prohteitto from engaging in the unlawful
.unufacture, distributton, ctsoensing, posse ssion, or use of a e:ntrolled substance.
"holoyee" :seans an emoicyee of a C:ntractor directly engagao in the ceriornance of work uncer a Government contract.
"Incividual" means an offeror /contracter that has no aerr :un ene emoioyee including the of feror/ contractor.
(b) Ey semission of its offer, the efferer, if other snan in bcividual, who is making an offer tnat equals or exceecs $25,000, certif tes and agrees, that with resDect to all employees of the offeror to be empicyed uncer a contract resulting' fras-thf s selfeitation, f t will-(1) Publish a statement notifying such employees that tne unlawful manufacture, distribution, dispensing, possession er use of a controlleo substance is prenibitec in the Contractor's worsolace and specifying the actions that will be taken against espicyees fer violat. tons of such prohibition; (2) Establish a drug-free awareness program ts inform such emoioyees acout-1 (i)
The dangers of drug abuse in the workslace:
(ii) The Contractor's Ocif cy of mainnaining a dru;-f-te worsolace; (iii) Any available drug counseling, re%sbfif tati:n. anc emoioyee assistance programs: and (iv) The penalties that may ce imposso upon ecoloyees for cru'g acuse violations occurring in the workplace; (3) Pr; vide all employees engagea in performance of tne i
~ntract with a copy of the statement required by.subcaragra:n (5)(1) of tnis provisf on:
i (a) Notify such emoloyees in the statement requirec by suc:aragrapn (b)(1)-of this prevision, that as a coneitien :/
i
- catinueo encicyment on the contract resulting from this so nicitati:n, the employu will-(t)
Abit: h/ the terms -of the statement and (11)
Notify the amoicyer of any criminal drug stn:ta
- nviction for a violation occurring tn-the workplace ne 'ater than five (5) days after such conviction; (5) Notify the contracting officer within ten (10) cays after f pepivina notice under subdivision (b)(4)(li) of thiS DrOVision.
- 4.
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'Page 39 NAC-31-90-266 Section (
(6) Witnin 30 days after receiving notice uncer sue:aragraon (t)(a)(fi) of this provirion of a conviction impose the ':ilowing san:tions or remecial measures on any employee who is conytcted of i
Orvg acuse viciations occurring in the workplace:
(i)
Take-apprepriate personnel action against su:.
unicyee, we to anc including termination: or i
(11) Require such emoloyee to satisfactorily part*:1:ata in 4 crug abuse assistance or rehabilitation program approvec for sucn i
- uroses my a Federal; St. ate, or local health, law enfoc.ement, or osner approcriate agency.
i (7) Make a good faith effort to maintain a drug-free workplact tnraugn implementation of scoparagraons (b)(1) through (b)(6) of tats provision.
i (c) Sy sui: mission of its offer, the offerer, f f an incividual who i
is maxing an offer of any ocllar value, certifies and agrees that the offerer will not engage in the unlawful manufacture, cistricution, dispensing, possession, or use of a controllea sucstance in the perforusnce of the contract resulting free this solicitation.
(d) Failure of the offerer to provide the certificatien requireo cy paragraon (b) or (c) of this provision, egncers the offeror -
I unoualified and ineligible for aware.
(See FAR 9.104-1(g) ano
- a. 502-1(a)(2)( f ). )
(e) In aceition to other remecies available to the Government, tne certificatien in parsgrapas (b) ano (:) of tnis provision
- encerns a matter within the jurisdiction of an agency of tne Unitec
$:ates anc the making of a falsa. fictitious, or frauculent j
- ertification may rencer the maker sucject t0. prosecution uncer Tit!a 13, United States Code. Section 1001.
(End of Clause)
{
v i
<.:6 NOTICE CF RESTRICT!C.'IS ON CONTRACTING WITH SANCTICNEO PERSONS (FAR 52.225-12) (MAY 1989)
(a) $tatu: cry pronibitions have been imposed on contra::tng with '
sanctionec cersons. as specified in Federal Accuisition Angulation (FAR) 52.225-13. Restrictions on Contracttng with Sancti: rec Sersons.
(b) By 50 Mission of this offer, tne Offerer represents : hat no l
Orocucts or services, exceoc those listad'in this parag: aca (b),
deitverso to tne Government under any contract resulting "os this soitettatton will be precuets or services of a sanctionec :erson, as defined in the clausa referenced in paragraoh (a) of this :rovision, unless one of the exceptions in paragraph (d) of the clause at FAR
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- -egue: er servics Sanctioned cert:r M_
I (Lis: as necessary)
(Enc of Clause).
X.17 COST ACCOUNTING STANDARDS NOTICIS AND CERTIFICATICW (NONDEFENSE) (FAR 52.230-2) (SEP 1987' NOTE: This nosies does not apply't: small businesses c-foreign
~
governments.
.t (4) Any contract over s:00,000 resulting fre:n this solicit 4tt:n shall be suciect to Cost Accounting Stanciards (CAS) if it ts awarcea to a business unit that is currently perfeming a natf ena; defense CAS-cverec c:ntract ce succontract, except when-(!) The awarc is basec en adequate price ecmcatition:
(2) The prics is set by law or regulation:
(3) The : rice is based on estaclishea ' catalog or marxet prices 7
Of ::mercial items sold in substantial cuantities to the generai puoiic; or (4) 0ne of the exemptions in Feceral Accuisition Reguiatien (FAR) 30.202-!(b) applies.
(:) Contracts not exempted frem CA$ shall be subject 't: full er
.oaified coverage as follows:
-si) If the business unit receiving the award is currently l.
- er : ming a national defense centract er succentract sucJect t:
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'ali CAS coverage FAR 30.201-2(a), :nis contract will' have full CAS
- verage ana will contain the clauses from the FAR'entitlea Cost Acc:;nting 5tancards,- S2.230-3 anc Administration of Cost Accounting S tancarcs, 52.230-4
,2) If the Ousiness Unit receiving the award is curren:iy
- er : ming a national defense contract or subcontract sucject tc d
.coHf eo CAS coverage FAR '30.201-2(b), this centract w111 have moc:'tec coverage and will contain the clauses entitled O!sclosure anc knst stency of Cost Accounting Practices, 52.230-5 anc ace:-tstration of Cost Accounting Stancarcs, 52.230-4
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NRC-31-90-266 A.
Certificate of CA$ Applicability
~as offeror hereby certifies that--
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The offerer 1s not cerforving any CAS-covered nati:nal cafense cant. act or subcontract.
The offerer further certifits *..at it will
- ismeciately notify the Contracting Officer in writing f f *t is il awarceo any. national defense CAS-covered contract or succ:ntract sucseguent to the date of.this certificate but before the cate of
- the aware of a contract resulting frc:a this solicitation, '_(If this i
stata:ent applies, no further certification is requirec.)
( ~) The offerer is currently perfoming a nogettsted national r
cefense centract or sube:ntract that contains the Cost Ac:: nting Sta. cares clause at FAR 52.230-3.
( ) The offeror is currently perfoming a negotiatec rasienal
. cefense contract or suecontract-that contains the Otsclosure anc Consistency of Cost-Accounting Practices clause at FAR 52.230-5.
F S.
Additional Certification--CA$ Applicable Offemrt l
( ) The offeror subject to Cast Accounting Standards further certtf f es that practices used in astimating costs in pricing snis-pro osal are consistant with the practicus disclosed in tr.e' Of selosurs Statasant where it has.caen sutzsitted as recuired by FAR t
30.232-1 throssgh 30.202-5.
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C.
Data Recuired--CA$ Covereo Offerers The offeror certifying'that it is currently performing a national defense centract containing either CAS clause (see A.aceve) _ f t reectrea to furnish the name, address (ir.clucing agency or dscartment component), and teleonone nuncer of the cogni: ant.
Contracting Officer administering the offeror's CAS-coverso j
c0ntracts.
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l Name of Centracting Officer:
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4 cress:
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l Teleenene Humoer:
(End of Provision)
X.13 CRGANII.ATI0fiAL CCHFLICT3 0F INTEREST (JUNE 1968) l I-represent to the best of my knowledge and belief that:
The award to of a cent-act or the medf fication of an existing contract does /,/ or does not / / involve situations or relattenships of the type set er.--- tn 41 c14t 20.l.5403(b)(1).
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U Page 42 5 'C*' " C NRC-31-90-266
-p K.19 CERTIFICATION REGARDING DESARMENT STATUS (JUNE !?SS)
The offerer hemby certiff es by sutaission of this !fer that it ano any subsentractor(s) that will be performing unoer this.
cen ract is not 4 debarree persen er firm.
I (End of Previston)
K.20 QUAL,IFICATICHS OF CCBORACT EMPLOYEES (JUNE 1988)
Se offeror nereby certifies by subsistien of this offer that all reerssentations mace regarcing its employees, proposed su contnct:r corsennel ano consultants are accurate.
(End of Previsica)
K.21 CURRENT /FORMER MiENCY ENPLOYEE INVOLVEMENT (JUNE 1958) i The fellowing representation is. required for NRC Information and avaluation purposes only.
It is not NRC policy to encourage offerers anc contractors to propose current /former Agency employees i
to :erform work under NRC contracts.
I The offeror hereby certifies that there (
) are (
are not current /former NRC esployees who have been or will be Invelves.
cirectly or indirectly, in developing tne offer, or in negotiating en cahalf of the offeror, or in managtng, administering or perfeming any contract, censultaht agreement or subcontract resulting from this offer.
For each incividual so Identifiec, the Tecnnical and Management preecsal contains as a separate attac.w ns the name, title, date individual lef t NRC and a Orief descrtation of tne incividual's rol.e unoer this proposal.
(End of Previsien)
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9h, ATTACHMENT 1 REVISED 8/89 BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS General: The contractor shall preoare vouchers or invoices as prescribec herein.
FAILURE TO SUBMIT VOUCHERS / INVOICES IN-ACCORDANCE WITH THESE=
INSTRUCTIONS WILL RESULT-IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER.
Form:
Claims shall be submitted on the payee's letterheac.
voucher / invoice, or on the Government's Stancarc Form 1034, "Dublic Voucner for purchases and Services Other than Personal," and Stancarc Form 1035, "Dublie Voucner for Purchases Other than Personal--Continuation Sheet."
These forms are available from the U. S. Government Printing Cffice, 70; Nortn Capitol Street, Wasnington, D.C.
20801.
Num:or of Copies: An original and three cocies shall te su:mittec.
. Failure to submit all the requirec copies will result in rejection of tne voucher / invoice as improper.,
Cesignated Agency Billing Office:
Vouchers / invoices shall be submitted to the following address:
U. S. Nuclear Regulatory-Commission Division of Contracts and Property Management Contract Administration Branch, Mailstoo P-902 Washington, D.C.
2055E HAND-DELIVERY OF' VOUCHERS / INVOICES IS DISCOURAGED AND WIL'. NOT EXPEDITE PROCESSING SY NRC.
However, should you chcose to delive" voucners/ invoices by nand, including delivery by any express mail service!, or special delivery services which use a courier or other person to celiver tne voucner/ invoice in person to the NRC, such vouchers / invoices must be accressed to the above Designated Agency. Billing Office anc will oniy be acceotec at the following location:
U. 5. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Room Rockville, Maryland 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.
Note that the official receipt date for hand-delivered voucners/invulces will be the date it is received by the official agency billing office in the Division of Contracts and Property Management.
Agency Payment Office: _ Payment will continue to be made by the office designated in the contract in Block 13 of SF 26 or Block 25.of SF 33, whichever is applicable, s-
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REVISED 8/89 Freauency: The contractor shall submit an voucher or1 invoice only af ter.
NRC's final acceotance of services rendered or products delivered in performance.of the contract Lunless -otherwise specified in the -contract.
Preparation and Itemization of the Voucher / Invoice:
The voucher / invoice shall be prepared'in' ink or by typewriter (without strikeovers).
Corrections' or erasures must be. initialed.
To.be'consicered a proper voucher / invoice, all of the following' elements must be.. included:
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1.
Contract number 2.
Seouential voucher / invoice number.
3.
Date of voucher / invoice.
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project' 0f ficer's name and mailstop as designated:in the contract.
1 5.
Payee's name and acdress. -(Show the name of the contractor and its correct accress..In addition, when an assignment of funos has been j
mace by the contractor, or a different payee has Deen cesigna.ted, include the name-and address of the payee.)
Indicate <the name and l
telephone number of the individual responsible for answering i
questions the NRC may have regarding the voucher / invoice, f
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Description of articles-or services. auantity, unit price, and total amount'.
l 7.
Weight and :ene of shipment, if shipped by parcel cost-.
S.
Charges for freight or express shipments.
Attach preonid bill if shipped by freight or express.
9.
Instructions to consignee to notify the Contracting Officer of l
receipt of shipment, j
1 10.
For Indefinite Delivery contracts or contracts under which progress payments are authorized, the final voucher / invoice shall be marked
" FINAL VOUCHER" or " FINAL INVOICE."
Currency:
Billings may ce expressed in the currency normally used by the
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contrac;or in maintaining his accounting records and payments will be made j
in that currency.
However, the U. S. dollar equivalent for all vouchers / invoices paid under the contract'may not exceed the total ~U.
S.
dbliars authorized in the contract.
Supersession:
These instructions supersede any previous billing instructions.
U t-ATTACHMENT 2 PART-20-1 -- GENERAL.
Subpart 20-1.54--Contractor Organizational Conflicts of Interest 4
Sec.
20 1.5401-Scope and policy.
20-1.5402 De.fini tions.
20-1.5403 Criteria for recognizing contractor organizational l
conflicts of interest.
I 20-1.5404 Representa tion.
20-1.5405 Contract clauses.
20-1.5405-1 General-contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluatio.n. findings, and contract. award.
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8,. Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (NRC)(a) It.is the policy of the U.S. Nuclear Regulatory Commission to avoid, eliminate or-neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all pecspective-contractors to submit infora tion describing relationships., if any, with organizations or persons (including those regulated by:NRC) which may give rise to actual or~ potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of interest determinations cannet be made automatically or routinelyt the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be ' applied so:as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of critaria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, e.xamples are provided in these regulations to guide application of the-policy.
NRC contracting-'and. program ' officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is:
Hight the contractor, if awarded the con;ract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of. interest p ule contained in this subpart applies to contractors and offerors only.
Individuals or firms who have other' relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition s
of consulting services through the personnel appointment process, NRC 1
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7590 01 agreements with other goverrunent agencies, international organiaations.
or state, local or foreign governments; separata procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
520-1.5402 Definitions (a)
" Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective as,sistanca and advice or may otherwise result.in a biased work product, or (2) may result-in its being given,an unfair competitive advantage.
(b) :"Research" triaans any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) ' Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d)
" Technical consulting and management support' services" means internal assistance to a component of the NRC in-the fomulation or administration of its programs, projects, or policies which norvally require the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assistance in the preparation =of program plans; arid preparation of preliminary designs, specifications, er statements of work.
(e)
" Contract".means any contract, agreement, or other arrangement with the NRC except as previded in Section 20-1. 5401 (c).
(f)
" Contractor" means any person, firin, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with' the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly cr. indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR $ 1-1.606-1(e)).
(h)
" Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for l supplies and subcontracts in amounts of $10,000 or less.
(1)
" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or. unsolicited. to the NRC to obtain a contract.
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7590-01 C
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-(j)
" Potential. conflict of interest" means that a factual situation-exists that suggests (indicates)-that an actual conflict of interest may arise-from award of a proposed contract.
The tenn " potential conflict of interest" is used to signify those situations which merit investigation-prior to contract award in order to' ascertain whether award would.give rise to an actual conflict or Aich must be reported to the contracting i
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officer for investigation if they arise during contract performance.
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520-1.5403-Criteria for recognizing contractor organizational conflicts of interest i
(a) General.
Two questions will bd. asked in detemining what'her actual or patentin1 organizational-conflicts of, interest exist:
(1) Are i
there cor.flicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2)~ May the contractor be given an -
unfair-competitive advantage based on the performance of the contract?
l The ultimate determination by NRC as to whether organizational conflicts of interest exist will'be made in light of common sense-and good business judgment based upon the relevant facts disclosed and the work to be While it is difficult to identify and to prescribe in advance perfonned.
a specific method for avoiding all-.of the various' situations or. relationship which might involve potential organizational' conflicts-of interest, NRC personnel will pay particular attention to proposed contractual. requirement:
which call for the rendering of advice, consultation or evaluation L
activities, or similar activities that lay'. direct groundwork for the i
NRC's decisions on regulatory activities, future procurements,--and research programs.
(b)
Situations or relationships which may give rise to organizational conflicts of interest.
(1).The offeror or contractor shall disclose-infonnation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i)
Where -the offeror or contractor provides ~ advice and recommendatier to the NRC in a technical area in which it is also providing consulting assistance in the same ares.to-any organization regulated by the NRC.
(ii) Where the offerer or contractor provides advice to the NRC on the same or similar matter in which it is. also providing assistance to any organization regulated by the HRC.
(iii) Where the offerer or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offerer or contractor...
7590-01
'i (2) The contracting officer may request specific' information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the'following circumstances:-
(i) Where the offerer or contractor prepares-specifications which are to be used in competitive procurements of products or services 1
covered by such specifications.-
(ii) Where the offerer or contractor prepares plans for specific approaches or methodologies that are to be incorporsted into competitive procurements using such approaches or methodologies.
1 (iii) Where the offaror or contractor is granted access to infomation-i
. not available to the public concerning NRC pTans. -policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary infonnation of its competitors.
(v) Where the award of a contract might otherwise result in placing the offerer or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to' identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal -(RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be. technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work nortnally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
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-(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one -
type of advanced reactor.
As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various-projects for several different utility clients.
None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based' on the NRC avaluation, the ABC Corp. is considered to be the best qualif ted company to perform the work outlined in the RFP.
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.1 7590 OL
. Guidance.
An NRC contract normally could be' awarded to the ABC j
L Corp. because no conflict of interest exists which would retivate bias with respect to the work.. An appropriate clause would be included in.
1 the contract to preclude the ABC Corp.-from subsequently contracting =for work.during the perfomance of-the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. wouldlbeiprecluded; from the perfonnance 'of similar work for-the company developing the
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advanced reactor. mentioned-in the example.
(3)
Example, ' As a result of operating problems in a certain type of comercial nuclear facility..it is imperative that NRC secure specific data on various, operational aspects of that type, of plant!so as' to' assure adequate safety protection of the public.
Only' one manufacturer; has extensive experience with that type of plant.
Consequently.-that company is the only o_ne with,whom:NRC can contract which can develop and-t i
conduct the testing. programs required to obtain the data in reasonable time.
That company has =a definite: interest in-'any NRC decisions that s
.might result from the data produced because those decillions affect the reactor's design and thus the ccmpany's costs. '
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
i Since the nature of the work required is vitally important in. terms of NRC's responsibilities and no reasonable alternative exists.-a. waiver of i
i the policy may be warranted.
Any such waiver..shall be; fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
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(4)
Example.
The ABC Co. submits a proposa'l for a new system for evaluating a -specific reactor component's performance for. the purpose of developing standards that-are important to-the' NRC program. The ABC Co.
has advised NRC that it-intends to sell the new system to industry once its practicability has been demonstrated; Other companies in this business are using _ older: systems for evaluation.of the specific. reactor component.
Guidance. A contract could:be awarded 'to the' ABC.Co provided that the contract stipulates that no information produced under the contract i
will be used in the contractor's private activities unless such information L
has been reported to NRC. Information which is reported to NRC by contractor-will normally be. disseminated by NRC to others so as to preclude an l
unfair competitive advantage that might'otherwise; accrue. When NRC-1
- furnishes information to the contractor for the. performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
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l 7590-01 (5)
Example. The ABC Corp., in response to a RFP proposes-to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and
$ 20-1.5403(b)(1)(1).. ABC Corp. Informs the 'NRC that it is presently.
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doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area contamplated a
by the NRC study..
Guidance. The contracting officer would normally conclude that 1
award of a contract would not place ABC Corp. in a conflicting role j
where its judgment might be biased.
The work for others clause of 8 20-t 1.5405-1(c) would. preclude ABC Corp. from accepting work during the term 1
-of the NRC contract which could create a conflict of interest.
(d)
Other considerations.
(1) The fact that the-NRC can-identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from.the' performance of a contract is not relevant to l
a detemination of the-existence of such conflicts prior to the-award of i
a contract.
l (2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise-from organizationa' conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
120-1.5404 Representation (a) The following procedures are. designed to assist the NRC contracting officer in detemining whether situations or relationships exist which-may constitute organizational-conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all l
solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting-and management support services; (3) research; and (4) other contractual situations where special organizationi conflicts of interest provision; are noted in the solicitation and would be included in tne resulting contract.
This renresantation requirement shall also apply to all modifications for additional effort under the K'
contract except those issued under the " changes" clause.
Where, however.
a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
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' ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION
)
I represent to the.best of my knowledge and belief that:
1 The award to of a contract or' the modification of an u
existing contract coes ( ) or coes not-( ') involve situations or relationships of the type set forth in 41 CFR's20-1.5403(b)(1).-
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L g (c)
Instructions to offerors.
The following shall be_ included in all NRC solicitations:
(1) If the representation as completed indicates o
that situations or relationships of the type set. forth in 41 CFR-e l
5 20-1.5403(b)(1) are involved, or_ the contracting officer otherwise detemines that potential organizational conflicts l exist, the offaror.
l shall provide a statement in writing which describes"in a concise manner all. relevant facts bearing on his representation to the contracting o
officer.
If the contracting officer detemines that organizational (1) Impose appropriate conflicts exist, the-following actions may)be taken:disq' alify the offaror, or conditions which avoid such conflicts. (ii u
(iii) detemine that it is othemise in the best interest of the United States to-seek award of the. contract under the waiver provisions of i
I20-1.5411.
(2) The refusal to provide the representation required' by I 20-1.5404(b) or upon request of the contracting. officer the facts required by '520-1.5404(c), shall result in disqualification' of the offeror for award.
The nondisclosure or misrepresentation of any relevant intarest l
may also result in the disqualification of the: offeror for award, or-if such nondisclosure or misrepresentation is discovered after award. the resulting contract may be teminated.
The offeror may also be disqualified i
from subsequent related NRC contracts and be subject to such other '
remedial actions provided by law or the resulting contra +
(d)
The offeror may, because of. actual or: potential. organizational conflicts of interest, propose to exclude specific' kinds of work from-the statements of work contained in a-RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offeror will be considered by, the NRC in the evaluation of proposals.
If the NRC considers the proposed excluded work to be an essential:or integral part of the required work and its exclusion-would work to the detriment o
of the competitive posture of the other offerors, the proposal must be:
rejected as unacceptable.
(e)
The offeror's failure to execute' the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor infomality, and the offeror will be pemitted -
to correct the omission.
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I 20-1.5405 Contract clauses l 20-1.5405-1 General contract clause
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f 7590-01 p
All contracts of the types set forth in i 20-1.5404(b) shall ine19de the following clauses:
'l Purpose. _ The primary (purpose of this. clause is to aid in-1) !s (a) ensuring that the contractor:
because of current or planned interest (financial, contractual, organizational or otherwise) which relate to the work under this contract, and (Z) does not obtain an unfair competitive advantage over other parties by-virtue of its performance, of this contract.
(bI Scope.
The restrictions described herein shall apply to
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perfomance or participation by the contractor as defined in 41 CF4 I 201.5402(f) in the actitities covered by this clause.
l (c) Work for others.
Notwithstanding any other provision of this J
contract, during the term of this contract, the contractor agrees to l
forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a confitet of interest with rai,pect to the work being perfomed under this contract.
l The contractor shall ensure that all employees who are employed full time under this contract end employees designated as key personnel, if i
any, under this contract abide by-the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed con:ultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
i (d)
Disclosure af ter 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 f
interest, as defined in 41 CFR 120-1.5402(a).
(2)
The contractor agrees that if after award it discovers organization conflicts of interest with respect to this contract, it shall make an i
imediate and full disclosure in writing to the contracting officer.
l This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat,e such conflicts.
The NRC may, however, terminate the contract for convenience i
if it deems such temination to be in the best interests of the government.
i (e)
Access to and use of information.
(1) If the contractor in the perfomance of this. contract obtains access to information, suca as
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NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Fub. L.93-579), or data which has
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(1) Use not been released to the public, the cohtractor agrees not to:
such information for any(private purpose until the infortnation has been j
released to the.public; ii) compete for work for the Commission based i
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- (,e 7590 01
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on such infomation for a period of six (6) months af ter either the completion of this contract or the release of such infortation to the public, whichever is first (iii) submit an unsolicited proposal to the povernment based on such infomation until one year af ter the release of 4
such infomation to the public, or (iv)' release the information without prior written approval by the contracting officer unless such infermation has previously been released to the public by the NRC.*
(2)
In addition, the contractor agrees that' to the extent it receives or i.s given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. l.
93 519), or other confidential or privileged technical, business, or financial. information under* this contract, the 4
contractor shall treat such information in accordance with restrictions placed en use of' the information.
(3)
The contractor shall have,.swbject to patent and security provisions of this contract, thearight to use technical data it produces i
under this contract for private purposes provided that all requirements i
of this contract have been met.
(f)
Subcontrac t.s, Except as provided in 41 CFR 3 20-1.5402(h), the contractor shall include this clause, including this paragraph, in l
subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer,"*shall'be appropriately modified to preserve the government's rights.
I (g)
Remedie s.
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 f aith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other-remedies as may be pemitted by ' law or this contract.
(h) Waiver.
A requ'est for waiver under this clause shall be directed in writing through the contract.ing officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined ini20-1.5411.
I20 1.5405-2 Special contract provisions.
(a)
If it is detemined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or af ter obtaining a waiver in accordance with $ 20-1.5411 neutralized through the use of an appropriate.special contract provision, if appropriate, the offeror may negotiate the tems and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:
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(1)
Hardwart exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract Feviously performed by the centractor; 7
(2)
Sof tware exclusion clauses; (3)
Clauses wnich require the contractor (and certain of his key personnel) to avoic certain organizational-conflicts of interest; and (4)
Clauses which provide for protection of confidential data and gu,ard against its unauthorized use.
r section (i)he foll: wing additional contract' clause may te included a (b)
T in the clause ' set forth in 5 20-1.54051 when it is determinee I
that award of a foilew on contract would constitute an organizational conflict of interest.
(1)
Follow-en effort.
(1) ane contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this ccitract.
Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perfort any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of su'ch products or seWices.
i (2)
If the contractor under this contract prepares a corelete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual l
effort which is based en such statement of work or specifications.
The 1
l contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not l
apply.
(3)
Nothing in this paragraph shall preclude the contractor from offering or selling its standard consnercial items to the goverwant.
1 20-1.5406 Evaluation, findings, and contract award l
The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 120 1.5404(b) and other relevant information.
Af ter evaluating this information agains't the criteria of J 20-1.5403, a finding will be mada iy the contracting officer whether ceganizational conflicts of interest exist with respect to a particular offeror.
If it has oeen determined tr.At conflicts of interest exist, then tne contracting of ficer shall ettner:
(a)
Otsqualify. tne of feror from award.
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7590 01 l
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(b)
Avoid or eliminate such cortflicts by appropriate measures; or (c)
Award the contract uncer the waiver provision of I20-1.5411.
120+1.S407 Conflicts' identified af ter award.
l.
If potential. organizational conflic'ts of interest are identified Af ter asard with respect to a particular contractor, the contracting officer detemines that.luch conflicts do, in feet, exist and that it i wobid not be in the best interests of the government to terminate.the con. tract as providee in the clauses required by 620-1.5405, the contracting l
officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with l 20-1.541), neutralize the effects of the icentified conflict.
620 1.5408 (Reserved) 520 1.!409 (Reserved) l20-1.5410 Subeontraets i
The contracting officer shall recuire offerers and contractors to submit "a recreuntation statement in accordance with $20-1.5404(b) from subcontractors anc consultants.
The contracting of ficer shall require the contractor to incluce contract clauses in accordance with 320-1.5405 in consultant agreerents or subcontracts involving perferr.ance of work under a crime contract covered by this subsection.
I20-1.5411 Vaiver in the first instance, detemination with respect to the need to seek a waiver for specific contract awarcs shall be made by the contracting l
officer with the advice and concurrence of the program office director and the Office of Executive i.egal Director.
Upon the recomendation of the contracting officer, and af ter consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he detemines tha+ lt is in the best interest of the United States to do 50.
Such action shall be strictly limited to those situations in which:
(1) The work to be perfomed under contract is vital to the NRC program; (2) the work cannot be satisfactorily perfomed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be J
employed by NRC to neutralize the conflict.
For any such waivers, the justification' and approval cocuments shall be placed in the Public Document Room, s
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7590 01 l20 1.$412 Re-edies In addition to such other remedies as may be Cem.itted by law or centract f6r a breach of the restrictions in this su: cart or for any intentional misrepresentation or intentional nondisc10sure of any relevant interest required
- to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washineten. 0.C this 27th day of 7'a 'r: h 1979.
s For the Nuclear Regulat:ry Comission D.
C(ts n ubh c&.
Samuel p. Chilm Secretary oftthe Conmissien i
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