ML20053A003
| ML20053A003 | |
| Person / Time | |
|---|---|
| Issue date: | 04/26/1982 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20052J078 | List: |
| References | |
| CON-NRC-04-76-345, CON-NRC-4-76-345 RS-RES-82-002, RS-RES-82-2, NUDOCS 8205240414 | |
| Download: ML20053A003 (40) | |
Text
_ - ______________ ___ -
e RFP
SUMMARY
The following summary provides a general description of this requiremer.t.
Further detailed information is furnished in the appiicable sections of the RFP.
RFP NO. :
RS-RES-82-002 RFP TITLE:
"Near-Ground Tornado Wind Fields" BRIEF STATEMENT OF WORK:
Critical Evaluation of Tornado Windspeed Estimates based on Engineering Analysis of Damage and Missile Behavior.
This is basically a continuation of the work currently being performed on Contract No. NRC-04-76-345 with Texas Tech University.
RFP RESTRICTIONS:
zi7 unrestricted
((7 Set-Aside
~7 Total Small Business - Labor Surplus Area Set-Aside Total Small Business Set-Aside
_/ Partial Small Business Set-Aside ISSUE DATE:
April 26, 1982 CLOSING DATE/ TIME:
May 26, 1982/ 2:00 PM ESTIMATED LEVEL OF EFFORT:
One Staff Year for Phase I plus one staff year for each year of Phase II PERIOD OF PERFORMANCE:
One year for Phase I plus one year for each Phase II option PROPOSAL ACCEPTANCE PERIOD:
180 days ANTICIPATED AWARD DATE:
September 3, 1982 TYPE OF CONTRACT AUTICIPATED: Cost Reimbursement Plus Fixed Fee d'*
SECURITY REQUIREMENTS: None PRE-PROPOSAL CONFERENCE:
None
. I, TELEGRAPHIC RESPONSES ARE NOT AUTHORIZED.
ENCLOSURE A
' 0205240414 820426 l
PDR CONTR i
NRC-04-76-345 PDR i
_____._______d
e o
PROPOSAL SUBMISSION INSTRUCTIONS The following instructions are provided as a summary guide to assist the offeror in the submissior, of a proposal but they do not supersede those instructions contained in the solicitation package.
The instructions contained throughout the " solicit 3 tion package" (Enclosure O to the cover letter) shall govern in all instances where a contradiction exists.
DOCUMENTS REQUIRED IN PROPOSAL 1
-- One (1) original signed copy of the solicitation package, i.e., Standard Form 33 with attachments.
-- One (1) original and four (4) copies each of the Technical and Cost Proposals.
OFFER 0R " FILL-INS"
-- Offeror must complete Block Nos. 16,17,18,19, and 20 of the SF-33 along with completion of all representations and certificati?ns cootained on pages 2 through 8 of the solicitation package.
-- Part IV, Attachment #4, ' Proposal Summary and Data Sheet," is to be completed by the offeror, l
-- It is requested that the " Optional Form 60" provided in Part IV be used in submission of the Cost Proposal.
NOTE:
The offer must set forth full, accurate, and complete information as required by this solicitation (including attachments).
The penalty for making false statements is prescribed in 18 U.S.C.1001.
TRANSMITTING OFFER 0R'S PROPOSAL
-- All offers should be addressed as indicated in Block 7 of the Standard Form 33.
-- The envelope used in submitting your proposal must be. plainly marked with the solicitation number, the time, and date set forth in the solicitation document I
(Block 9 of the Standard Form 33) and the following notation:
" Mail Room -
Do Not Open."
-- Hand-carried solicitations - Hand-carried offers should be addressed as indi-cated in Block 7 of the Standard Form 33 and delivered to:
U. S. Nuclear Regulatory Commission Division of Contracts Research Contracts Branch Room 2223 4550 Montgomery Avenue Bethesda, Maryland 20814 Telegraphic proposals are not authorized, and if submitted, such proposals shall be rejected.
ENCLOSURE B L
NO-0FFER RESPONSE FORM RFP NO.:
RS-RES-82-002 TITLE:
"Near-Ground Tornado Wind Fields" Please review the enclosed RFP.
If you do not desire to submit a proposal, complete the section below, fold this sheet as indicated on the reverse, staple, affix postage, and mail back to the NRC.
Gentlemen:
Please be advised that we do not desire to submit a proposal for the above RFP.
We / / desire / / do not desire to be retained on the NRC Contractor Bidders MaiTTE'g List.
/- 7 We desire to be placed on the NRC Contractor Bidders Mailing List.
Name of Organization:
Authorized Signature:
Typed Name and
Title:
Date:
ENCLOSURE C I
o
Staple Here Postage Here 1
U.t. Nuclear Regulatory Comission Off.'ce of Administration Division ef Contracts Washington, D.C.
20555 ATTN: Barry Bromberg Fold Fold Fold Fold
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l TABLE OF CONTENTS RFP NO. RS-RES-82-002 PART I - GENERAL INSTRUCTIONS Page Standard Form 33, " Solicitation, Offer, and Award";
1
" Representations, Certifications, and Acknowledgments" PART II - SOLICITATION INSTRUCTIONS AND CONDITIONS 9
Standard Form 33A, " Solicitation Instructions and Conditions"
-- Proposal Presentation and Format
-- Business / Technical Proposal Instructions
-- Evaluation of Proposals PART IIh - CONTRACT SCHEDULE Article I
- Statement of Work 21 Article II
- Period of Performance 27 Article III - Consideration and Payment 27 Article IV - Overhead / General and Administrative Rates 27 Article V
- Key Personnel 28 Article VI - Technical Direction 28 Article VII - Project Officer 30 Article VIII-Travel Reimbursement 31 Article IX - Option to Extend the Term of the Contract 32 Article X
- General Provisions / Alterations 33 PART IV - ATTACHMENTS NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
NRC Organization Chart Optional Form 60 Proposal Summary and Data Sheet l
- General Provisions
- NRC Manual Chapter 3202
$Please note that in order to reduce printing costs, only one copy of this document is included with this solicitation.
Please retain it for your files since any contract awarded as a result of this solicitation will also contain this document by reference.
i l
ENCLOSURE D j
m e
o.
i (REVISED - 2/82)
BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS
(
General.
The contractor shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample voucher.
Number of Copies..
An original and four copies should be mailed to the NRC office identified below.
Frequency.
The contractor shall submit claims for reimbursement once each month unless otherwise authorized by the Contracting Officer.
Form.
Claims shall be submitted on the Form DC-3 " Voucher for Purchases and Services Other Than Personal." These forms are available from the Contracting Officer.
(The instructions for preparation and itemization of the voucher are shown on the form.)
Billing of Costs Afte'r Expiration of Contract.
If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited.
Currency.
Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency.
However, the U. S. dollar equivalent for all invoices paid under the contract may not exceed the total U. S. dollars authorized in the contract.
Supersession.
These instructions supersede all previous billing instructions.
l 1
ENCLOSURE E 1
1
i.
INSTRUCTIONS FOR PREPARING COST INFORMATION FOR NRC CONTRACTS Preparation and Itemization of the Voucher.
The contractor shall furnish the information set forth in the explanatory notes below. These notes are keyed to the entries on the sample voucher.
Payor's Name and Address.
(i) Address the original voucher (with 4 copies) to:
U.S. Nuclear Regulatory Commission, Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Section, Washington, D.C.
20555.
Any questions regarding vouchers yet to be paid by the NRC should be addressed to Division of Accounting (301-492-8010). Any questions regarding vouchers for which payment has been received (either in full or partially with suspensions or disallowances) should be ad-dressed to the Contracting Officer.
Payee's Name and Addrcss.
Show the name of the contractor as it appears in the contract and its correct address; except when an approved assign-ment has been made by the contractor, or a different payee or addressee has been designated, then insert the name and address of the payee.
Indicate the individual responsible for answering any questions NRC may have reaarding the invoice (name and phone number).
(a) Contract Number - Insert the NRC contract number.
(b) Title of Project - List the tull title of the project being performed under this contract.
(c) Voucher Number - Insert the appropriate serial number of the voucher beginning with 001 for this contract. Contractors may also include individual internal accounting numbers in addition to the three digit number.
(d) Date of Voucher - Insert the date the voucher is prepared.
(e) Contract Amount - Insert the total estimated cost of the contract, exclusive of fixed-fee.
(f) Fixed Fee - Insert total fixed-fee (where applicable).
(g) Billing Period - Insert the beginning and ending dates (day, month, and year) of the period in which costs were incurred and for which reimbursement is claimed. - _
(h) Direct Costs - Insert the major cost elements.
(1) Direct Labor - This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows:
Labor Labor Hours Cumulative Category Negotiated Name Hours Billed Rate Total Hours Billed (2) Fringe Benefits - This represents fringe benefits applicable to direct labor and billed ~as a direct cost. Where a rate is used, indicate the rate. Fringe benefits included in direct labor should not be identified here.
(3) Capitalized Nonexpendable Equipment - For educational institu-tions list each item costing $500 or more, and having a life expect-ancy of more than one year. For contractors other than educational institutions list each item costing $200 or more, and having a life expectancy of more than one year.
List only those items of equipment for which reimbursement is requested. A reference shall be made to the following (as applicable):
(1) the item number for the specific piece of equipment listed in the property schedule of the contract; (2) the Contracting Officer's approval letter if the equipment is not covered t,y the property schedule; or (3) be preceded by an ast-erisk (*) if the equipment is below the approval level.
Further 1
itemization of vouchers shall only be required for items having specific limitations set forth in the contract.
(4) Materials, Supplies, and Noncapitalized Equipment - These are consumable materials and supplies and equipment other than that described in (3) above.
(5) Premium Pay,This is remuneration in excess of the basic hourly rate.
(Requires written approval of Contracting Officer.)
(6) Consultants' Fee - The supporting information must include the name, hourly or daily rate of the consultant and reference the NRC approval (if not specifically approved in the original contract).
(7) Travel - Domestic travel is travel within the United States, its territories, possessions, and Canada; it should be billed separately from foreign travel. Travel costs billed will provide for individual Per Diem, and all supporting information for each trip taken. e e
s
~
All costs associated with each trip must be shown in the fo110 wing format: (Unless the organization's travel policy has been negotiated and approved by NRC)
Date Traveler pestination Purpose Cost From To From To 1.
Airfare 2.
Rental Car 3.
Local Travel 4.
Per Diem Days @
=
C.
Meals:
- Date Breakfast Lunch Dinner If not included in Per Diem.
6.
Tips, Misc.
(Itemize if more than $10,00)
(8) Subcontracts - Include all costs paid to approved subcontractors during billing period.
This includes the details of the subcontract terms (i.e.,
cost-plus-fixed-fee, direct labor, indirect costs, travel, profit, etc.)
(9) Other - List all other direct costs by ccst elements and dollar amount separa tely.
(i)
Indirect Costs--0verhead - Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimbursement is claimed.
(j)
Fixed-Fee - If the contract provides for a fixed-fee, it must be claimed as provided for by the contract. Cite the formula or method of computation.
Contractor may bill for fixed fee only up to 85% of total fee.
(k)
Amount Billed for Current Period - Insert the amount billed for the major cost elements, adjustment, and adjusted amounts for the period. -
(1)
Cumulative Amount from Inception to Date of this Billing - Insert the cumulative amounts billed for the major cost elements and adjusted amounts claimed during this contract.
(m)
Total Amounts Claimed - Insert the total amounts claimed for the current and cumulative periods.
(n)
Adjustments - This includes amounts conceded by the contractor, outstand-ing suspensions, and disapprovals subject to appeal.
(o)
Grand Totals 4 d l
VOUCHERS FOR PURCHASLS AND 5LRVICES OTHER lHAN PERSONAL SAMPLE V0UCHER Payor's Name and Address (a) Contract Number NRC-10-81-624
'Th2 U. 5. Nuclear Regulatory Commission Division of Accounting, CON (b) Title of Project " Study of Nuclear Waste Att:ntion: GOV /Com Accts Section neepts..
Washington, D. C.
20555 Payre's Name and Address ABC CORPORATION The National Bank, (c) Voucher Number 003 100 Main Street or Anywhere, U.S. A.
(d) Date Voucher Prepared 10/18/82 Anywhere, U.S.A.
nee f AB CORR.
(e) Total Estimated Cost of Contract (When Payments Assigned)
$350,000.00 Individual to Contact Regarding This Voucher:
(f) Total Fixed-Fee Name:
Harry Murphy
$17,500.00 Tel. No.:
215-321-8654 l(g) This voucher represents reimburseable costs from 3/1/82 thru 3/30/82 Amount Billed (k) Current Period (1)
Inception to Date l(h) Direct Costs (1) Direct Labor *
$2,400
$6,800 (2) Fringe Benefits @ l6.5 '.
(if computed as percentage) 600 1.200 l
(3) Capitalized Nonexpendable Equipment
- 5,000 6.000 (4) flaterials, Supplies and I,
Noncapitalized Equipment
- 2,000 4,000 i
(5) Premium Pay 100 150 l
(6) Consultants
- 100 100 (7) Travel - Domestic
- 200 200 Foreign *
(8) Subcontract
- 200 200 (9) Other Costs
- 3,000 9,000 (i)
If40lRECT COSTS A) Overhead 100 L of Total Direct Costs l
(Indicate Base)
$13,600
$29,650 i
j Subtotal
$27,200
$59,300 B) General & Administrative Expense 3,264 6,450 12 L of Cost Elements Nos.1-9. A Total Costs
$30,4b4
$65,750 (j) FIXED-FEE EARNED (Formula) 1,523 3,400 (m) Total Amounts Claimed
$31,987
$69,150 (n) Adjustments Outstanding Suspensions
- 1,700 1,700 (o) Grand Totals
$30,287-
$67,450
- (REQUIRES SUPPORTING INFORMATION.)
(SEE ATTACHED.)
DC-3 2/82.
SAMPLE SUPPORTING INFORMATION
- 1) Direct Labor - $2400 Labor Labor Hours Hours Cumulative Category Negotiated Name Billed Rate Total Hours Billed S nior Engineer I 2400 Bill Smith 100
$14.00
$1400 975 Engineer 1500 Al Jones 50
$10.00
$500 465 Computer Analyst 700 Mike Kelly 100
$5.00
$500 320
$2400
- 3) Capitalized Nonexpendable Equipment Spectrometer - General Electric (as approved in Property Schedule) $5,000
- 4) Materials, Supplies & Noncapitalized Equipment
$1100.00 10 Radon Tubes @ $110.00
=
$900.00 6 Pairs Electrostatic Gloves @ $150.00
=
52000.00
- 5) Premium Pay Walter Murphy - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />,0 $10.00 Per Hour = $100 (This was approved by NRC in letter dated 3/6/82.)
- 6) Consultants' Fee Dr. Carney - I hour 0 $100
= $100
- 7) Travel Date Traveler Destination Purpose Costs From To From To 3/1/82 3/6/82 William King Chicago, Wash.,
Meeting with
- 1) Airfare $80.00 Il DC Project
- 2) Rental Car $15.00 Officer
- 4) Per Diem - 2 Days 0 $50.00 = $100.00
- 6) Tips, Misc. $5.00 TOTAL: $200
- 8) Subcontracts XYZ CORD,
((pff)
Direct Labor: Dr. Smith - 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> 0 $20.00 per hour = $1600.00 0/H 0 50%
$800.00
=
Travel - 2 Trips - Wash., DC 0 $200
$400.00
=
to Boston, MA Profit 0 7%
$200.00
=
TOTAL:
53000.00 (j) Fixed-Fee (Formula)
(5%)
$350,000 X 5% = $17,500 Total Fixed Fee for this Contract
$27,200 X 5% = $1360 Fee Billed for this Period (n) Adjustments
$1700 - Indicates amount withheld from voucher #001, now approved by Contracting Officer letter 3/10/82.
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PART I l'
SOLICITATION, OFFER AND AWARD a -un een NAruNaummaa teou ors are i a,em one sua i
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e CoNinacteaos e.e e i a,o a souCnavio.s No s oara issueo e neoui5 tioe.eunc.nast atoutst No RS-RES-82-002 4/26/82 O Ao==m a D.=nAr= mi
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- 9. Sealed offere en one Q opjqjna} cgy for furn.w.no the supolies or servi:es en the Schedule well be eMeved at the psace lit.ed iNocY xoom 2223, 4550 Montgomery Ave.,,,,,
2:00
.mndca,r,ed.,n the d,pos,to,v iecat,d,n
,o,..,,,,,e ay Bethesda, Maryland 20814 mou,s rOs,e, if th4 es an edveetised solicitation, offers will be pubsecey ppened at that time.
C.SUTION - L A TE OFFERS: See pers. !and 8 a/ Sotocotation Instrucroons and Conditions.
NIC109YOPhbC IESPOO505 OYO OOt An effe,s,,e sub,ect io ine fonow.n :
authorized)
I
- 1. Th3 So4*cetation Instructions and Condissons. SF 33 A.
daMUaTV I970
- 3. Die Schedule incfuded hereen and/or attached hereto.
ediseon whch is attached or encorporated hereen by reference.
- 4. Such other provisions, representations, certaf tcations, and specifications
- 2. Th) General Prowessons, SF 32, edition, which es as are attached or encorporated herein by reference.
I stf ached or incorporated herein by reference.
(Attachments are i<sted en schedue.)
l FOR INFORMA TION CALL (Name & selephone no.f (No collect callsly Mr. Barry Bromberg (301) 492-4297 l
SCHEDULE se etted esO to suretstS SERvicts it ouANieTT le uNef PAICt 1$ Ah40uMI i
SEE PART III 0F THIS SOLICITATION PACKAGE see consnuer.on or oc mede e on osee e o
n OFFER (pages 2 and 3 musf also be furly completed by offerorf l
In compliance with the above, the undertegned agrees, of thes off er es ar.cepted within Idd
.alendar days ( dalender days unters a de/terent penod,s enserted by the e//erorf from the date for receipt of of f ers specified above, to furnish any or all eterns upon which proces are of fered at the prece set opposite each ettm.deleweesd et the designated point (s), within the time specified se the schedule is Discount Fon amount pavugNT dSee par e SF JJ at
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% is CatENDAR OAv$
% 20 CALEN0am DAv5
% 30 C ALENDAR Dav$
CALENDAR DATS l
11 CFFEROR CO0fl l
ciu rr Coor l ig Naut ANO 1aTLE of PERSON AuTwoRMED TO SIGN OFFER e troe or poneo
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- 0 0^'t 28 N4ut 07 Comf aActiNG O88icam e
BY ISignature of contract,ng olfocers n.e.e..ro e n.en en on.a im ao on ste"on e r
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33-131 Standard Foren JJ Page 1 sREV J 771
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- PRINCIPAL PLACE OF PERFORMANCE:
RFP RS-RES-82-002 Page 2 of 40 t
REPRESENT ATIONS, CERTIFICATIONS AND ACKNOWLEDGMENTS REPRESENT ATIONS *Ched or somplete sit suu carne bones or olocks i n
The of f cor represents as part of his offer that 1.
SMALL BUSINE $5 ISee use 14 on SF 33 A Iif of feror is a small business concern and is not the manuf acturer of the supplies of fe'ed, a tr9all busmess concern He C is. E is not,1 supplies to be f urnished hereunder C will, C will not, be manuf acturered or produced by a small business concern he also represents that in the United State,
.5 possessions, or Puerto Rico.
MINORITY BUSINESS ENTERPRISE He C is, C is not, a mmority busmess enterprise. A minority business enterprsse is defined as a " business, at feast 5 2.
a owned by minority group members or,in case of publicfy owned busmesses, at least 51 percent of the stock of which is ow group members " For the purpose of this definition, mmority group members are Negroes Spanish-speaking American p American Orientals, American Indians. American Eskimos, and Amerecan Aleuts.
REGULAR DE ALER - MANUF ACTURER fApplicable only to supply contracts emceearng $10.000.)
3.
He is a C regutar dealer in C manuf acturer of, the supplies offered.
CONTINGENT FEE ISee par.15 on SF 33 A.]
fai He 2 hat, C has not, empsoyed or retained any company or persons (other than a full time r>ona fic'e emolover wor 4.
the offerors to solicit or secu e this contract, and (b) he O has, C has not, paid or agreed to pay any, ompany or person 'oth time Dona tode emptuvee workmg solery for tire offeror) any f ee, commnssion, percentage, or Dronerage f te contmgtnt u r
the award of thes contract, and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Offic tatoon of the representation. mcl.odong the term " bona fide employer,"see Code of Federal Regulatoons. Totte 41 Subpart 11.5 TYPE OF BUSINESS ORGANIZATION He operates as C an individual, C a partnershep, C a nonprofit organgation, C a corporation, incorporated urider the la 5.
of AF FILl ATION AND IDENTIFYING DATA IApplicable only to advertosed sotocotatuors 1 6,
Eacn of feror snait comoiete tal and (b) if apolicable, and (c) below:
.(al He 1 is 2 is not, owned or controlled by a parent company,(See par,16 on SF 33 As (b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name a the parent company:
- aws or pengNT coupam aho won Csoct ADontss
-e i ee v* ewe, amat=r ccvanu s e v j
csseaoa s s. =c
- c. cuatc ea s.oe~ vincas.o= ~uusta.se r esa rre se u a, 1
EQU AL OPPORTUNIT Y 7.
lal He O has. O nas not, participated in a previous contract or subcontract subsect either to the Eaual Opportunity clau Executive Order No the clause originally contained in section 301 of Executive Order No 10925, on the clause contamed m Section 20t of 11114, that he O has, O has not, filed all required compliance reports, and that representations mdscalmg submiss reports, signed by propos-d subcontractors, will be cbtained prior to subcontract awards iThe above representat cont oction with contracts or subcontracts which are exempt from the eoual oDportunity Ciduse i tui The bidder for offerori represents that (I) he O has developed and has on liie. C has not oeveiopert and coe each establishment affirmative action programs as required by the rules and regulations of the Secretary of La 126 he O nt,s not previously had contracts subject to the written af firmative action programs requirement o Secretarv of Labor. t The noove representation shall be completect by each bidder for offerorI whose brd tofferI n
50 or mnre employees l CERT lFICATIONS LCheck or comotete a!! anchcabte Ocses or exocast 1.
BUY AMERICAN CERTIFICATE each end product, execpt the end products issted below, is a domestic end product tas defm The of feror certifies as part of his of fer, that in the clause entitled " Buy American Act"), and that components of unknown origen have been consideteo to have manuf actured outside the United States.
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RFP RS-RES-82-002 Page 3 of 40 2
CLEAN AIR AND WATER (Appiscable of the bad or offer earceras $100,000,or the contractmg officer has determoned that orders under ar, ondefonste quantity contract on any year will enceed $100.000, or a facoloty to be used has been the subject of a convottion under the Clean Aor Act (42 U.S.C 1857c-8(c)(1))or the Federal Water Pollution Control Act (33 U.S C 1319(c)) and silisted by EPA, or os not otherwise e>sempt.)
The bidder or of feror certifies as follows:
(a) Any facility to be utilized in the performance of this propos*d contract O has, C has not, been listed on the Environmental Protection Agency List of Violating Facilities.
(b) He will promptly notify the contracting of ficer, prior to award,of the receipt of any communication from the Director, Of fice of FtdIral Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities.
(c) He will include substantially this certification, melud:,ig this paragraph (c), m every nonexempt subcontract.
3.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISee par.19 on SF 33 4) f al By submission of this offer, the offeror certifies, and m the case of a jomt offer, each party thereto certifies as to its own organization, that in connection with this procurement:
(1) The prices in this offer h ve been arrived at independently, without consultation, communicat on, or agreement, for the purpose of restrtsting competition, as to any matter relating to such prices with any other offeror or with any competitor; (2) Unless otherwise required by law, the prices which have been Quoted in this oFer have not been knowmgly disclosed by the offertr and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement,directly or indi'ectly to any other offeror or to any competitor; and (3) No a,ttempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an of fit for that purpose of restricting competition.
(b) Each person signing this offer certifies that:
(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being offarid herein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3), above, or (2) (i) He is not the person in the offeror's organization responsible within that organization for the decision as to the prices cemg offered herein but that he has been authorized m writmg to act as. agent for the persons respor'sible for such decision m certifymg that such persons have not participated and will not participate, m any action contrary to (a)(1) through (a)(3) above, and as their agent does her:Dy so certify; and (ii) he has not participated, and will not participats*, m any action contrary to (a)(1) through (a){3) above.
4 CERTIF; CATION OF NONSEGREGATED FACILITIES fApphcable to (1) contracts. (2) subcontracts, and (3) agreements woth appiscants who are themselves perform >ng federally assisted constructoon contracts, exceeding $10.000 which are not exempt from the penvisions of the Equal Opportunity clause.)
By the submission of this bid, the bidder, offeror, apphcant, or subcontractor certifies that he does not mamtam or provide for his emplog ees any segregated fac:lities at any of his establishments, and that he does not permit his empioyees to perform their services at any location ander his control, where segregated facilities are maintained. He certifies further that he will not mamtam or provide for his employ-
$1s any segregated facihties at any of his estabbshments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facihties are mair.tained. The bidder, offeror, appbcant, or subcontractor agrees that a treach of this cer-tefication is a violation of the Equal Opportunity clause m this contract. As used m this certification, the term segregated facihties means any wait.ng rooms, work areas, rest rooms and wash rooms, restaurants and other eatmg areas, time clocks, locker rooms and otherstorage or dressing areas. parkmg lots, drinking fountains, recreation or entertamment areas, transportation, and housing facil' ties provided for employees which are segregated by emphcit directive or are in fact segregated on the basis of racef color, rehgion or national origm, because of habt, local custom, or otherwise. He 'urther agrees that (except where he has obtained identical certifications fmm proposed subcontractors for specific time periods) he will obtam identical certifications from proposed subcontractors prior to the award of subcintracts exceedmg S10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retam such certifscations in his hies; and that be will forward the following notice to such proposed subcontractors (except where the proposed tubetntractors have submitted identical certifications for specific time periodst Notice to prospective subcontractors of requiremen; for certifications of nonsegregated facilities.
A Certification of Nonsegregated Facehties must be submitted prior to the award of a subcontract exceedmg $10.000 which :s not exempt from the provisions of the Equal Opportunity clause. The certification may be subm.ited eitne-for each subcontract or for all subcontracts durmg a persod (i.e., quarterly, semaannually, or annually). NOTE The penalty for making false offers is prescribed an 18 u.s c fo01.
Continued on Page 4 avmoup.t e,c cars aue N>unt %o oa r t ACKNOWLEDGMENT OF AMENDMENTS The offeror acknowiedges rece.pt of amerws-mente to me Sohc4ation for offers and related documenta numbered and dated as tonows:
VO TL Otters must set forth full, ac: urate 2na complete mformarson as recuorec' by this Sotocotetoon (including attachments) The penalty y, Mr msenne false statements on offers os prescrobed m 18 U S C 1001
- -w-swm
RFP RS-RES-82-002 Page 4 of 40 PART I Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSINESS I
Concern is G is not O a woman-owned business.
The b.u_siness_is publicly owned, a joint stock association, or a business trust / / yes Lf no.
The business is 6 certified G not certified.
A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.
Controlled is defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day-to-day management.
l For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this information is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
7.
NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
G (a)
In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, and G (b) That contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
8.
CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract.
{'
RFP RS-RES-82-002 Page 5 of 40
\\
l 9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to of a codract or the modification of an existing contract does / / or does not / / involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts,
'(b) disqualify the offeror, or (c) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
The refusal to provide the representation required by 820-1.5404(b) or upon request of the Contracting Officer the facts required by 820-1.5404(c),
shall result in disqualification of the offeror for award.
The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or the resulting contract.
The offeror nay, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the NRC considers the pro-posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with respect to ir.vitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest.
Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
i 4---
y
RFP RS-RES-82-002 Page 6 of 40 10.
COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding
$100,000 except when:
see Federal Procurement Regulation, Temporary Regula-tion 44 dated March 29,1978).
It has been determined by the Contracting Officer or his duly authorized representative that this requirement is not in support of the national defense pursuant to 4 CFR 331,20(b).
A.
COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below.
Checking the box below shall mean that the resultant contract is subject to tne Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
6 The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during his cost accounting period imediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during tha'. cost accounting period.
The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer ininediately.
CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or mare or if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more.
B.
COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from this solici-tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR El-3.1204-2(a))
and Administration of Cost Accounting Standards (FPR sl-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a national defense centract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR 51-3.1203-2(a) and (c)(4)).
Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting Practices - Nondefense Contract (FPR 91-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR 81-3.1204-1(b)) if the award is (i) the first negotiated contract over $500,000 in the event the award is a contractor's business unit that is not performing under any CAS-covered national defense or nondefense contract or subcontract, or (ii) a negoti-l ated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS-covered national defense l
l or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR El-3.1203-2(a) and (c)(4)).
This solicitation notice is not applicable to small business concerns.
I f I F
RFP RS-RES-82-002 Page 7 of 40 1
Certificate of CAS Applicability The offeror hereby certifies that:
A.
/[7' It is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to cost accounting standards.
B.
/[7' It is currently performing a negotiated national defense or i
nondefense contract or subcontract that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or subcontracts which it receives that are subject to cost accounting standards.
1 C.
/~7 It is not performing any CAS-covered national defense or nondefense contract or subcontract.
The offeror further certifies
~
that it will innediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.
D.
L7 It is an educational institution receiving contract awards subject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21).
E.
6 It is a State or local government receiving contract awards subject to FPR Subpart 1-15.7 (FMC 74-4, OMB Circular A-87).
F.
/[7' It is a hospital.
NOTE:
Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR 51-3.120302(c)
(4)(iv)).
Additional Certification - CAS Applicable Offerors G.
[]T The offeror, subject to cost accounting standards but not certifying under D, E, or F above, further certifies that practices used in estimating costs in pricing this proposal are consistent with the practices discussed in the Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351).
I-r
RFP RS-RES-82-002 Page 8 of 40 Data Required - CAS Covered Offerors The offeror certifying under A or B above but not under D, E, or F above, is required to furnish the name, address (including agency or department component); and telephone number of the cognizant Contracting
~
Officer administering the offeror's CAS-covered contracts.
If A above is checked, the offeror will also identify those currently effective cost accounting standards, if any, which upon award of the next negotiated national defense contract or subcontract, will become effective upon the offeror.
Name of C0:
Address:
Telephone No.:
Standards not yet applicable:
w r
9 0
RFP RS-RES-82-002 Page 9 Of 40 PART II SOLICITATION INS 1 RUCTIONS AND CONDm0NS
- 1. DEFINITIONS.
- 7. LATE Bif)S, MODIFICATIONS OF BIOS, OR WITHDRAWAL OF As used herein:
BIDS.
(a) The term "sohcitation" means invitation for Bids t!FB) where (a) Any bid re s ciu d a' th ot5 r dreiseute d in the sohcitation af ter thm procurement is advertised, and Request for Proposal (RFP) where the exait time specified foi receipt wdl r ot be considered unless it is tha rocunement is ne otiated received before award n rr.adr and w hir-( ). The term "
cr" means bid where the procurement is adver.
(1) It was sent in tri:nt 'c i ni. citif ed nail not latre than the tised, and proposal where the procurement is negotiated.
6fth calendar das prmr to the elas. y= < ihnt f or the,rrrript of bids (c) For purposes of this sohcitation and Bloc k 2 of Standard Form (c g, a bid subnutted in revenic u a mip itation riqmrmg receipt of 33, the term " advertised" includes Small Business Restricted Adver.
bids by the 20th of the month must hav. len n m uled bs the ISth or timing and other types of restricted advertising.
carlict) ; or (2) It was si ni hs mad (or
- t. tegraru if authotind ) and it is
- 2. PREPARATION OF OFFERS.
determined bs the Government that ihr 1.iti tr.-spt was due solely to (c) Offerors are capected to examine the drawings, speci6 cations, nushandling bv the Gowrnment afte r i m ipt at the Government Schedule, and all instructions. Failure to do so wdl be at offeror's installation.
risk.
(b) Any modi 6 cat..sn or wubt!rawal of a but is mbri t to the same (b) Each offeror shall furnish the information required by the conditions as in (a h above A bid may alw be withdrawn in perso,n enlicitation. The oReror shall sign the solicitation and print or type by a bidder or his authorized rrpresentative, provided his identity is his name on the Schedule and each Continuation Shert thereci on made knowa and he signs a receipt for ihr bid, but only if the with-which he makes an entry. Erasures or other changes must be initiated drawal is rn ide prior to the ex.n a time set for receipt of bids.
by the person signin the offer. Oders signed by an agent are to be (c) The only acceptable evidence to estabhsh.
accompanied by evi ence of his authority unless such evidence has (1) The dste cf maihng of a late bid, modi 6 cation. or withdrawal beers previously furni:hed to the issuing offier.
sent either by registered or retti6ed mad is the U.S Postal Service (c) Unit price for each unit oficaed shall be shown and such price postmark on both the envelope or wrapper and on the ori inal receipt sh.ll include packing unless otherwise specined A total shall be entered from the U.S. Postal Serrue. If neithe r postmark show s a egible date, in the Arnount column of the Schedule for each item offered. In case the bid, modi 6 cation, oc withdrawal shall be deemed to have been of discrepancy between a unit price and extended price, the unit price mailed late. (The tenn " postmark" means a pnnted. stamped. or other-will be presumed to be correct, subject, however, to correction to the wise placed impression (exclusive of a postage rneter machine im res-same entent and in the same manner as any other mistake.
sion) that is readily identifiable without further acton as having en (d) Offers for supplies or services other than those speci6ed will not supplied and affixed on the date of mading by employees of the U.S.
be considered unless authorized by the solicitation.
Postal Service. Therefore, offerors should request the postal clerk to (c) Oferor must state a dennite time for delivery of su lies or place a hand cancellation buire-eye " postmark" on both the receipt for rformance of services unless otherwise specified in the tation.
and the envelope or wrapper.)
(
Time, if stated as a number of days, will include Saturdays, (2) The time of receipt at the Government installation in the Sux ays and holidays.
time-date stamp of such installation on the bid wrapper or other (g) Code boxes are for Government use only.
documentary eviderce of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late modi 6
- 3. EXPLANATION TO OFFERORS. Any explanation desired by an cation of an otherwise successful bid which makes its terms more oWeror regarding the meaning or interprrtation of the solicitation, favorable to'the Government wi!! be considered at any time it is re.
dr' wings, specifications, etc., must br requested in writing and with ceived and may be accepted.
susseient time allowed for a re ly to reach offerers before the sub-Note : The term " telegram" includes mailarams.
mission ~of their offers. Oral ex anations or instructions given before the a; ward of the contract will not be binding. Any information given
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND to o prospective offeror concerning a solicitation will be furnished to WITHDRAWALS OF PROPOSALS.
all prospective o#crors as an amendment of the solicitation, if such (a) Any proposal received at the office designated in the solicita-information is necessary to oderors in submitting oRers on the solicita-tion after the exact time speci6 i for receipt will not be considered tion or if the lack of such information would be prejudicial to un.
unless it is received before awa
- s made, and.
infirmed o#crors.
(1) It was sent re ed r certified mad not later than the I ci atfon re
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS.
r ng ecei o}
ofTcr su m et r
to Receipt of an amendment to a solicitation by an oReror must be offers by the 2t h hr onth must have been mailed by the 15th or acknowledged (a) by signing and returning the amendment, (b) on carh page three of Standard Form 33 or (c) by letter or telegram. Such
- 2) t a
nt by mail (or telegram if authorired) and it is acmiowledgment must be received prior to the hour and date specified dete ine he Government that the late receipt was due solely for receipt of cRers.
to mi an ling by the rnment after receipt at the Government i
installa '
h
(,
It' oris the n
- 5. StJ8 MISSION OF OFFERS.
breposal received.
(c) OKers and modifications thereof shall be enclosed in sealed (b) Any modificatic of a proposal, except a modification resulting envelopes and addressed to the office specified in the solicitation. The from the Contracting threr's re est for "best and naar' oder, is sub-o#3ror shall show the hour and date speci6cd in the solicitation for ject to the same conditions (li nd (a)(2). this provision.
receipt, the solicitation r. umber, and the name and address of the (c) A modi 6 cation rei g fro t. Contra eing fricer e request oKiror on the face of the envelope.
for "best and final" off ece c ter the ti id te specified in (b) Telegraphic oNers will not be considered unless authorized by the request will not be co s' red unless ev f( e award and thy c:dicitation; however, oRers may be modined or withdrawn by the late receipt is due sole to mishandh by he Gov rnment after written or telegraphic notice, provided such notice is received prior to receipt at the Government installatior3f i the hour and date specified for receipt. (flowever, see paragraphs 7 (d) The only acceptable evidnnce
>c h:
and 8.)
(1) The date of mailing f i
al or modi 6 cation sent (c) Samples of items, when required, must be submitted within the either by registered or certific J the U.S. Postal Service post.
time specified, and unless otherwise specified by the Government, at mark on both the rnvelope or and on the onginal receipt from no e.xpense to the Government. If not destroyed by testing, samples the U.S. Postal S. rvu r. If r postmark shows a Icgible date, the will be returned at cReror's request and expense, unless otherwise proposal or modi 6r on a be deemed to have been mailed late.
speci6ed by the solicitation.
JThe term "postn k"
ns a printed, stamped, or otherwise, placed impression (esclusi c stage meter rnachine impression) that is
(
- 6. FAILURE TO SUBMIT OFFER. If no offer be submitted, do readdy identi6able th t further action as having been supplied and not return the solicitation unless otherwise sp A letter or post-afhmed on the date o aihng by employees of the U.S. Postal Service.
card shall be sent to the issuing office advmo.
hether future solu-Therrfore, oRerors should request the tal clerk to lace a hand ititions,for the type of supphes or scrwes cosercJ by this solicitation cancellation bulfs-eye " postmark" on bo the receipt an the envelope tre desired. Failure of the recipient to oRer, or to notify the issuing or wrapper.)
othee that future solicitations are desired, may result in remosal of (2) The time of receipt as the Government installation is the i
the nime of such recipient froin the maihng list for the type of supplies time.date starnp of such installation on the proposal wrapper or other
(
or services covered by the sohcitation.
documentary evidence of receipt maintained by the installation.
33 STANDARD PORad SS-A (psey,14 Prescretwd try GSA, PPR t48 CFR) 1-16.101
RFP RS-RES-82-002 Page 10 of 40 (e) Notwithstanding (a), (b), and (c), of this provision, a late 35-45), the Contr.sct Work llours Standards Art (40 l' S C U7 330),
modification of an otherwise successful proposal whic h makes its terms and the Sarvice Contrac t As t of 1965 (41 U.S C G N) may be more favorable t,. the Gou ; vnent will be considered at any time it is obtained Irnm the Department of 1.ahoe. Washmeton, !W 21:110, or received and.. as be accepted-from any regional,, Rice of that agency. Reque ts for infonnation sho$ild (f) Propouls ma, be withdrawn by wntten or telegraphic notice melude the solit itation nuraber, the name and addiest nl the issumg received at any time pnor to award. Proposals may be withdrawn in agency, and a devription of the supolics or sersitc<
person by an offeror or his authorized representative, provided his identity is mad-b nown and he signs a receipt for the proposal prior 13, SELLER'S INVOICES. Invoices shall be prepared and submitted to award in quadruplicate (one copy shall be marked "ongmal") unless other-Note: The term ** telegram" includes mailgrams.
wise specified. Invoices shall contain the following information: Con Note: The alternate late proposals, modi 6 cations of proposals and tract and order number (if any) item numbers, desenption of supplies withdrawals of proposals provision prescribed by 41 CFR l-3.802-2(b) or services, sizes, quantities, um,t prices, and extended totals. Bdl of shall be used in lieu of provision 8, if specined by the contract.
lading number and weight of shipment will be shown for shipments
- 9. DISCOUNTS.
(a) Notwithstandmg the fat t that a blank is prouded for a ten (10)
- 14. SMALL BUSINESS CONCERN. A small business contem for the d y disrount. pronipt pasment dm unts offered for payment within purpose of Government procurement is a com ern. including its affih-less th,in twenty (20) calendar dau will not be considerco in evalu-ates, which is independently owned and operated, is not dominant in atmg utfris for award, unless otherwise speu6cd in the solicitation.
the 6 eld of operation m whuh it is submitting oRers on Gmernment However, uffen d diwounts of less than 20 days will be taken if pa>-
coritracts, and can further quahiy under the criteria con <crmna num-ment is maine withm the dismunt period, esen thouith not considered ber of employees, average ' annual receipts, or other critena, a.: pre.
in the evaluation e,f orten scribed by the Small Busmes: Administratiors (See Code of Federal (b) In connet tion with ans dis.ount oRered, time will be computed Regulations, Title 13. Part 121, as amended, which contains detailed from date of delisen of the supphen to carrier when delivery and industry dennitions and related procedures.)
aceptance are at point of ongm, or from date of delivery at desti-nttion or port of embarkation when dehvery and acceptance are at 15, CONTINGENT FEE. If the oReror, by checking the appmpriate either of those points, or from the date correct invoice or voucher is box prcvided therefor, has represented that he has emplo3 rd or retained received in the office spenfied by the Goverement. if the latter date a company or person (other than a full-time bona nde employee work-is late r than date of dehvert Paymrnt is deemed to be made for the ing solely for the offeror) to solicit or secure this contract, or that he purpost of rarning the dncount on the date of mailing of the Govern-has paid or agreed to pay any fee, commission, percentage, or brokeage ment check fee to any company or person contingent upon or resulting from the award of this contract, he shall furnish, in duphcate. a complete Stand-
- 10. AWARD OF CONTRACT' ard Form 119, Contractor s Statement of Contmgeet or Other Fees if (a) he on ra,g w be -
led to e
ro whose oReror bas previously furnished a completed Stan: lard Forn 119 to the Ot
. m I
ns v
a to the ofhre issuing this solicitation, he may accompan> his oRer with a signed (a) indicating when such completed form was previously inment, pnce and nther factors cons: t red.
statement (b) The G,overnment resenes the right to reject any or all offers furnished, (b) identifying by number the previous schcitation or con-cnd to waive mformahtws and minor irregularities m oRers received tra< t, if riy, in connection with which such form wa.: submitted, and (c) The Government mas aucpt any item or group of items of any (c) representing that the statement in such form is apphrable to this oRer, unless the oReror quahfirs his offer by specific hmitations. UN-oRer.
LESS OTilERWISE PROVIDED IN Tile SUl(EDUI.E, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS TIIAN
- 16. PARENT COMPANY, A parent iompany for the purpuse of this Tlf0SE SPEUlFIED, AND TIIE GOVFRNMENT RESERVES utfer is a company which riiher owns or s ontroh the at tisisire and basic Tile RIGIIT TO M AKE AN AWARD ON ANY ITEM FOR A business pohcies of the offeroi
'l.o own anoth, r.ompens meanst e QUANTITY LESS TIIAN Tile QUANI'l FY OFFERED AT Tile parent rompany must own at least a majonty (mon than 'no percent)
UNIT PRICES OFI ERED UNI.ESS 'lllE 01 FEROR SPECIFIES of the votmg nghts m that company 'I o control another c ompany,such OTIIERWISE IN tils OFFER (di A written award (or Acce t of Offrri mailed (or other-ownnship is not requgird, if another i ompa,ny is able to fonnulate, determine, or veto basic busmess pohry decisions of the oReror, such wise furnished) to the successful oke.mcrror within the time for acceptance other company is considered the parent company of the oReror. This specified m the of'er shall be dermed to r sult in a binding contract control may be carrcued through the use of dommant minonty votmg without further action b) eithc r par'.
rights, use of proxy vormg, contrattual arrangements. or otherwise, The following paragraphs (r) el:. ugh (h) apply only to negotiated solicitations :
- 17. EMPLOYER'S IDENTIFIOATION NUMBER, ( Appliiable only to (c) The Government may acicpt within the time specified therein, advertised solicitations.) The offerer shall insert in the applicable space any offer (or part thereof, as provided i:. (c) above), whether or not on the offer form, if he has no parent compan), his own Employer's there are negotiations subsequent to its rercipt. unless the offer is with.
drswn by written notice receised by the Government prior to award.
Identification Number (E..l. No ) (Federal Social Secunty Number if subsequent negotiations are conducted, they shall not constitute a used on Employer's Quarterly Federal Tax R e tu rn, U.S. Treasury rejection or conter ofter on the part of the Government Department Form 941), or, if he has a parent company, the Employer's (f) The right is reserved to accept other than the lowest offer and Identification Number of his parent company.
to reject any or all offers.
(g) The Government may award a contract, based on initial oRers 18 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION, received, without discusion of such offers Arcordingly, each initial (a) His certification on the oRer form is not applicable to a breign olier should be subnutted on the most favor,ible terms from a pris e oRcror submittin[r the United States, its possessions. and krformanc an offer for a contract which requins tnd technical erandpoint which the oReror can rubmit to the Govern' or drlin ry outsi erto Rico ment.
(b) An offer will not be considered for award wherr (a)(1) (a)(3),
(h) Any nnancial data submiticd with ans offer herrunder or anY or (b) of the certification has been deleted or modified Where (a)(2) riprisentation concerning facilitics or financing will not forn! a part of the certihrstion has been deleted or modified, the offer will not t e of (ny resultmg contract; propded, howrver, that if the resultma co'n-
,on,;dered far award unless the offeror furnishes with the offer a signed tract contams a clause proudmg for price reducti.m for defective cost statement which sets forth in detail the circumstam es of the disclosure or pricing data, the contract pnce will be sulycrt to reduction if cost and the head of the agency, or his designee, determines that such dis-or pricing data furnished herrunder is incomph inau urste, or not closure was not made for the purpose or restricting sompetition current
- 11. GOVERNMENT FURNISHED PROPERTY, ' a matenal, labor, or 19, ORDER OF PRECEDENCE, In the event of au mu,nsistency be.
facihties will be furnished by the Governmem unless otherwise pro.
tween prosisions of this solicitation, the inconsistrnc y shall be resolved by giving precedence in the following order: (a) the S.heduir : (b) vided for in the solicitation.
Solicitation Instructions and Conditions; (c) General Provisions; (d) 12 l.A80R INFORMATION, General enformation regarding the re-other provisions of the contras t, whether mcorporated bs reference or quirements of the Walsh lienley Pubhc Contracts Act (41 U.S.C.
otherwise; and (e) the specifications STANDARD FOn 4 33-A gacei(Itow,8-70) e u s c..ouneas er,ai,as on ists-sse eersees
RFP RS-RES-82-002 Page 11 of 40 PART II 8.
LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHORAWALS OF PROPOSALS (FPR 1 -3. 802-2(b ))
(a)
Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made, and:
(1)
It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers. by the 20th day of the month must have been mailed by the 15th or earlier);
(2)
It was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishand-ling by the Government after receipt at the Government installation; (3)
It is the only proposal received; or (4)
It offers 'significant cost or technical advantages to the Government, and it is received before a determination of the competitive range has been made.
(b) Any modification of a proposal is subject to the same conditions as in (a) of this provision.
(c) The only acceptable evidence to establish:
(1) The date of mailing of a late proposal or modification sent either by registered or certified mail is the U. S. Postal Service postmark on both the envelope or wrapper and on the original receipt from the U. S.
Postal Service.
If neither postmark shows a legible date, the proposal or modification of proposal shall be deemed to have been mailed late.
(The term " postmark" means a printed, stamped, or otherwise placed impression-(exclusive of a postage meter machine impression) that is readily identifi-able without further action as having been supplied and affixed on the date of mailing by employees of the U. S. Postal Service.
Therefore, offerors should request the postal clerk to place a hand cancellation boll's-eye
" postmark" on both the receipt and the envelope or wrapper.)
(2) The time of receipt at the Government installation is the time-date stamp of such installation on the proposal wrapper or other docu-mentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late modification of an othenvise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(e)
Proposals may be withdrawn by written or telegraphic notice receivsd at any time prior to award.
Proposals may be withdrawn in pe rson by an of ft-rar or his authorized representative, provided his identity is rade known and he signs a receipt for the proposal prior to award.
NorE:
The term " telegram" includes mailgrams.
RFP RS-RES-82-002 Page 12 of 40 9
Paragraph 10 (a) on page 2 of the SF-33A is hereby deleted.
Paragraph No.
19 on page 2 of the SF-33A is hereby deleted in its entirety.
l.
. LEVEL OF EFFORT The NRC's estimate of the total of scientific, technical, and clerical effort for this project is approximately one staff years *.
This information is advisory and is not to be considered as the sole basis for the development of your staffing plans.
You must detail how you intend to accomplish each objectiva covered herein.
- 0ne staff year for Phase I, and an additional staff year for each Phase II option year exercised.
2.
TYPE OF CONTRACT It is contemplated that a Cost Plus Fixed Fee contract will be awarded; however, the Government reserves tne right to negotiate and award whatever type contract is determined to be most appropriate.
In addi-tion to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected offeror's organization and type contract awarded.
Any additional clauses required by Public Law, Executive Order, or procurement regulations in effect at the time of execution of the proposed contract will be included.
3.
PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and submission of all reports, shall be completed within one year for Phase I, plus an additional one year for each Phase II option period exercised.
4.
ACCEPTANCE PERIOD Because of the time required by the Government to evaluate proposals adequately, offerors are requested to specify a proposal acceptance period of not less than 180 days.
5.
ANTICIPATED AWARD DATE It is anticipated that an award under this solicitation shall be made by September 3,1982.
6.
COST OF PROPOSAL PREPARATION This solicitation does not commit the Government to pay any cost for the preparation and submission of a proposal or for necessary studies or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein.
RFP RS-RES-82-002 Page 13 of 40 7.
INDIVIDUAL (S) AUTHORIZED TO NEGOTIATE The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Summary and Data Sheet" (see Part IV, Attachment No. 4) which is to be submitted with each proposal.
Offerors are cautioned that the person signing the proposal must have the authority to commit the offeror.
8.
PROPOSAL
SUMMARY
AND DATA SHEET (See Part IV, Attachment No. 4)
A completed " Proposal Sumary and Data Sheet" shall be submitted with each copy of the proposal.
9.
RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date, and the notation:
"D0 NOT OPEN IN MAIL ROOM." Also, include the RFP number in your cover letter and on each page of your proposal.
10.
AWARD NOTIFICATION All offerors will be notified of their selection or nonselection as soon as possible.
Formal notification of nonselection will not be made until a contract has been awarded.
It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government (i.e. the NRC) to expenditure of public funds in connection with this procure-ment.
This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or othbrwise bind, commit, or obligate the NRC contractually.
Informal contractual commitments include such actions as:
a.
encouraging a potential contractor to incur costs prior to receiving a contract, b.
requesting or requiring a contractor to make changes under a contract without formal contract modifications, c.
encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable, and i;
I
~ -.
x RFP RS-RES-82-002 Page 14 of 40 i
ad.
committing the Government to a course of action with regard to a potential contract, contract change, claim, or-dispute.
1 j-11.
DISPOSITION OF PROPOSALS l
After award of contract, two (2) copies of each unsuccessful proposal t
will be retained by NRC's Division cf Contracts and unless return of i'
proposals is requested by the offeror upon submission of proposal, all l-other copies will be destroyed.
This notification should appear in any cover letter accompanying the proposal.
i.
12.
NOTICE OF PROPRIETARY INFORMATION e
a.
Notice of Proprietary Information - Offerors are advised that those portions of the Proposal which are considered to be propri-etary shall be so identified.
In the event the offeror fails to j
indicate on the title page and each sheet of the proposal what i
portions of the propasal are proprietary, the NPC assumes no liability for disclosure or use of unmarked technical data and may use or disclose such data for any purpose.
The clause set forth in paragraphs b. and c., below, should be utilized by the offeror in marking his proposal.
1-i b.
Use and Disclosure of Data - Freedom of Information Act Requests "This data shall not be disclosed outside the Governrent and shall not be duplicated, used, or disclosed in whole or in part j-for any purpose other than to evaluate the proposal; provided I
that if a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Government shall have the'right to duplicate, use or disclose the data to the extent provided in the contract.
This restriction does not 4
limit the Government's right to use information contained in the data if it is obtainable from another source without restriction.
The data subject to this restriction is contained in sheets 4
Our failure to mark the proposal with a i
legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that the contents of the Technical Proposal may be released, disseminated, or otherwise disclosed by the NPC pursuant to a, Freedom of Information Act request."
Moreover, each sheet for which the offeror desires to restrict c.
i disclosure shall be marked with the following legend:
1' "Use or disclosure of proposal data is subject to the 4
restriction on. the. title page of this proposal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom of Information Act."
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RFP RS-RES-82-002 Page 15 of 40 13.
PROPOSAL PRESENTATION AND FORMAT a.
Proposals will be typewritten or reproduced on letter-size paper and will be legible in all required copies.
Unnecessarily elab-orate. brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the offeror's lack of cost con-sciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary nor desired.
Legibility, clarity, and completeness are important.
b.
Proposals in response to this Request for Proposal shall be sub-mitted. in the following three (3) separate and distinct parts:
(1)
One (1) original signed copy of this solicitation package.
All applicable sections must be completed by the offeror.
(2) One (1) original and four (4) copies of the " Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Management Require-ments."
(3) One (1) original and four (4) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical Proposal Content."
Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offeror.
NOTE:
If your records are currently under audit cognizance of a Government audit agency, the address and telephone number of that office should be furnished on the " Proposal Summary and Data Sheet."
One (1) copy of the solicitation package, Technical Proposal, and Cost Proposal shall be submitted by the offeror to the cognizant audit agency concurrent with the submittal of the proposal to the NRC.
14.
BUSINESS MANAGEMENT REQUIREMENTS a.
Cost Proposal The offeror should utilize the Optional Form 60, Contract Pricing i
Proposal (Research and Development), in submitting the Cost Proposal.
Offerors may, however, submit the necessary information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost information.
In either instance, the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.
RFP RS-RES-82-002 Page 16 of 40 Cost proposals shall be sub;nitted for the basic contract effort (Phase I) (1 year).
Should the option (s) to extend the contract term (Phase II) be exercised, the costs shall be negotiated prior to exercise of said option (s).
Cost proposals shall not include amounts for the cost of trans-portation or per diem to a) sites for damage surveys and b) regional and nationalist specialist conferences.
The NRC will provide travel funds for these trips based upon a NRC estimate.
This funding shall be included in the total negotiated contract price.
Reimbursement for these trips shall be in accordance with the rates stated in the item, " Travel," shown below in this section, "14.
BUSINESS MANAGE-MENT REQUIREMENTS, A.
Cost Proposal."
Cost will be evaluated on reasonableness, validity, and reli-ability.
The " Cost Proposal" must include, but is not limited to, the following:
Material
- A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost.
Labor
- The basis for the estimated hours broken down by category and task, and the source of labor rates.
Level of ef fort data shall be expressed in man-hours.
Indirect Cost - The source and basis of determination of all indirect costs.
Travel
- The breakdown of all travel by trips, segregating all transportation and per diem costs.
Copy of the official Government approval of the offeror's travel policy, if granted, or in lieu thereof, a copy of the off ror's travel policy.
NOTE:
In the absence of a Government approved contractor travel policy, the prevailing Federal Travel Regulation rates and the clause entitled,
" Travel Reimbursement" in Part III shall apply.
Other
- The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizdnt Government audit agency, b.
Management The management aspects shall include, but not be limited to, the following and any data pertinent thereto:
(1) Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within the performance period and without program slippage.
9 e.
RFP RS-RES-82-002 Page 17 of 40 (2) Management organizational structure delineating areas of respon-sibility and authority under the proposed effort.
Describe the relationship of the project organization to corporate management and to subcontractors, if any.
Discuss the functions and author-ities of the project manager.
(3) Procedures to periodically review in-house organizational func-tions, program reviews and controls and subrequent coordination with the NRC.
(4) Management controls expected to be utilized to preclude a cor-tract cost growth.
I c.
Manpower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror.
If any of the personnel are under commitment, describe the terms of the commit-ment (s).
Note specifically the personnel that will be on board subject to a contract award.
d.
Consul tants Explain the need for consultant services.
List proposed consultan:s if known by name.
For each 1ist show (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Government, e.
Subcontractors If the offeror plans to subcontract any of the work to be performed, list proposed subcontractors if known by name.
Provide a detailed breakdown of specific work to be subcontracted and the approximate cost involved, f.
Labor Surplus Area Program Requirements In keeping with the Federal Labor Surplus Area Program, the offeror is required to provide information on the general economic conditions of the area in which subcontractors are located, exact location of sub-contractors (state, city, county), and the unemployment rate for the area, if known.
g.
Additional Facilities or Pjnoperty In the event the offeror contemplates acquiring additional facilities or property in the performance of this work, such facilities or prop-erty shall be separately identified.
h.
Other Contractual Commitments The offeror shall list any commitments with other organizations, Governmental or private, and indicate whether these commitments will or will not interfere with the completion of work and services contemplated under this proposal.
RFP RS-RES-82-002 Page 18 of 40 15.
TECHNICAL PRCPOSAL CONTEr1T_
The Technical Proposal shall not contain any reference to cost.
Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the Tech-nical Proposal so that the offeror's understanding of the scope of work may be evaluated.
The offeror shall submit with the Technical Proposal full and complete information as set forth below to permit the Government to make a thorough evaluation and a soun'd determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement in accordance with the evaluation criteria set forth in this Part II urder the paragraph erttitled, " Evaluation of Proposals."
Statements which paraphrase the scope of work without communicating the specific innovation proposed by the offeror or statements to the effect that the offeror's understanding can or will comply with the scope of work may be construed as an indication of the offeror's lack of understanding of the scope of work and objectives.
Technical proposals shall be submitted for the basic contract effort (Phase I) (1 year).
Should the option (s) to extend the contract term (Phase II) be exercised, a separate technical proposal (s) shall be required.
The Technical Proposal shall set forth as a minimum the following:
a.
Discussion of the scope of work requirements to substantiate the offeror's understanding of the problem and his proposed method of approach to meet the objective.
b.
Include resumes for all professional personnel to be utlized in the perfonnance of any resulting contract.
Include educational background specific pertinent work experience and a list of any pertinent publica-tions authored by the individual.
c.
Discuss support personnel at i facilities available to assist the profes-sional personnel.
d.
Indicate potential problem areas and the approach to be taken to resolve said areas.
Provide a detailed description of the schedule for work and identify e.
significant milestones and completion dates for various subparts.
f.
Identify the " Key' Personnel," and for the person (s) so identified, specify the percentage of time currently committed to other projects over the course of the proposed contract period of performance.
g.
Statements of any interpretations, requirements, or assumptions made by the offeror.
l RFP RS-Rtb-82-002 Page 19 of 40 l
COST REIMBURSABLE CONTRACTS
- 16. CONTRACT AWARD AND EVALUATION OF PROPOSALS l
By use of numerical and narrative scoring techniques, proposals will be a.
evaluated against the evaluation factors specified in the paragraph below.
l These factors are listed in their relative order of importance. Award will be made to the offeror (1) whose proposal is technically acceptable l
and (2) whose technical / cost relationship is most advantageous to the Government; and who is considered to be responsible within the meaning of Federal Procerement Regulation 1-1.12.
- Although cost wi.11 be a factor in the evaluation of proposals, l
technical merit in the weighted factors show in paragraph e below i
will be a more significant factor in the selection of a contractor.
l Further, to be selected for an award, the proposed cost must be realistic and reasonable.
?
l b.
The Governinent reserves the right without qualification, to accept or l
reject any or all proposals, to negotiate with any and all proposers regardless of the terms of the original proposal, and to request addi-l tional clarifying information either through written information or through conference with the proposers. All proposers are notified that award may be made without d.iscussion of proposals and, therefore, proposals should be submitted in'itially on the most favorable terms, j
from a cost and technical standpoint.
l c.
A separate cost analysis will be performed on each cost proposal.
To provide a common base for evaluation of cost proposals, the level of effort data shall be expressed in man hours.
d.
In making the above dtermination, a best-buy analysis will be performed taking into consideration the results of the technical evaluation, cost analysis, and ability to complete the work within the Government's required schedule.
e.
Proposals will be evaluated in accordance with the following weighted factors, listed. in the order of their relative importance:
l
RFP RS-RES-82-002 Page 20 of 40 Weights (Based on 100 Points)
I.
QUALIFICATIONS (Totalof55 Points)
(a) Offeror's demonstrated knowledge of the 20 state-of-the-art in tornadoes and tornado related phenomena, including tornado and high wind hazard probability models (b) Offeror's demonstrated experience of the 20 principal investigator in documenting, compiling, analyzing, and applying tornado and high wind information.
(c) Offeror's demonstrated ability to perform 15 the work efficiently and produce a directly applicable analysis to nuclear power facility design and siting.
II. TECHNICAL APPR0ACH (Total of 35 Points)
(a) Offeror's demonstrated ability to analyze 20 and assess the current state-of-the-art knowledge regarding industry practices, tornado hazard probability methodologies, and tornado data and to identify areas that need further investigation.
(b) Extent to which the proposal reflects the 15 offeror's understanding of the requirements as set forth in the Statement of Work.
III. MANAGEMENT PLAN (Total of 10 Points)
(a) Offeror's demonstrated ability to meet the 10 project schedule, allocate personnel with the experience and expertise to complete the work scope, and produce high quality products.
I e
v;o
RFP RS-RES-82-002 5 '
Page 21 of 40 PART III CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK A.
Background
The main purpose of the NRC's interest severe weather phenomena is to improve our ability to estimate reliably the potential effects of tornadoes as well as their distribution in time and space.
The mining wind speeds associated with a probability of 10 J6 in deter-methodology specified by the NRC in Regulatory Guide 1.
per year is a conservative approach based on limited data.
Engineering analyses are used based upon damage to structures.
Efforts are currently underway to survey and analyze damage and failed structures resulting from tornado outbreaks.
(See Reference 1)
In addition, Texas Tech University is currently performing studies under NRC Contract Number NRC-04-76-345 to deduce the near-ground windfield from analysis of failed structures and behavior of tornado i
generated missiles.
B.
Objective l
To determine the magnitude of tornado windspeeds based on failed str'ctures and missile behavior.
u C.
Scope of Work i
The contractor shall provide the necessary personnel, facilities, materials and services to accomplish the following tasks:
Phase I Task 1.
Conductand$ocumentdetailedtornadoandhighwinddamage surveys using the state-of-the-art aerial and ground survey techniques to ascertain the characteristics of the near-ground windfields.
Damage surveys shall be conducted for all potential violent tornadoes (F 4 and F 5 on the Fujita tornado intensity scale) based on initial reports received from the National Severe Storms Forecast Center (Kansas City),
the University of Chicago, and the communications media.*
Consultation is required between the contractor and the cogni-zant NRC Project Officer prior to the final decision to survey.
As a minimum, the surveys should accurately document the tornado path length, path width, F-scale rating, the areas of each F-scale intensity damage, the time of occurrence, date, types of structures that failed and the degree to which they failed, location, latitude and longitude, and any other information found to be significant during the survey.
r 4 -
r
RFP RS-RES-82-002 Page 22 of 40
- For proposal preparation purposes, the offeror shall propose for performance of five (5) damage surveys.
However, offerors shall not include amounts, for the cost of transportation or per diem, associated with these damage surveys, in their cost proposals.
The other costs involved in performing these damage surveys (including labor, overhead, etc. ) shall be included in the cost proposals.
Task 2.
Perform windspeed estimates of the tornado or nigh wind event based on an engineering assessment of damage; quantify uncer-tainties.
This estimate shall include partial and complete failure of structures and missile behavior.
l Task 3.
Determine the types of objects that did and did not become airborne (tornado-generated missiles) in the damage survey in Task 1.
Particular attention should be paid to the current design basis missiles used by the NRC and industry.
(See Table 1) As a minimum, this documentation should include the size and weight of the object, composition, origination and i
termination points, and orientation upon impact.
Task 4.
Review existing tornado-generated missile trajectory /penetra-i tion models and determine the necessity to develop or refine these models in order to describe the documented behavior of the observed missiles; the model selected must quantify the flight orientation of the missiles and probable speed upon impact.
The missile trajectory model(s) must be able to handle a range of different tornado windfield models used as input and forcing conditions.
Development of tornado windfield models will be provided by the cognizant NRC technical contract monitor on an "as needed" basis.
Task 5.
Regionalize tSe tornado hazard probability for the contiguous United States using the knowledge gained from past tornado damage surveys, tornado hazard probability models, examina-tions of near-ground wind fields, and regional variabilities in building codes and construction practices.
Maps should bepreparedonwhicharedrawnisoplethsofgindspeedscr-responding to probabilities of 1 x 10-5, 10
, and 10-7 per year.
t Task 6.
Develop and document the methodology to be used to conduct tornado and high wind damage r.urveys from an engineering perspective.
This methodology should provide guidance on the minimally acceptable procettures necessary to document
~
tornado damage with specifications presented where appropriate on the techniques and equipment required.
l Task 7.
Assist, upon request of the NRC Project Officer, in the deter-mination of tornado intensity ratings and in the resolution of differences that emerge between the tornado record kept by the National Severe Storms Forecast Center and the tornado record maintained by the University of Chicago.
.~
RFP RS-RES-82-002 Page 23 of 40 Phase II There is herein created in the Government an option Phase II.
Phase II shall consist of two single year options (for a total of two additional
- years) for continuation of the effort by the awardee for tasks one (1),
two (2), and three (3) of the Phase I work.
The options will be exercised in accordance with Article IX, Option to Extend the Term of t,he contract.
The deliverables and meetings for Phase II shall be as required under Phase I.
D.
Report Requirements 1.
Quarterly letter progress report, in one (1) copy to the Contracting Officer's Project Officer (PO) and one (1) copy to the Contracting Officer, shall be due by the 10th day of each quarter and shall include as a minimum:
a.
a technical report of progress describing findings to date, problems incurred and solutions proposed, and plans for the ensuing quarter b.
a report of costs incurred each quarter and cumulative costs at the end of each quarter as follows:
Direct Labor Costs Rate Overhead Overhead Labor Costs Rate of G&A expense and amount Fee Travel Other Direct Costs Reproduction Costs Percent that costs expended bear to authorized costs The technical reports listed below shall be conducted, produced, and disseminated in accordance with NRC Manual Chapter 3202 which will be incorporated into the resultant contract by reference.
If any reports are not submitted on time, then the reason for the delay must be submitted to the technical monitor, in writing, on the date of the deadline.
Claims for adjustment of costs under the changes clause and revised cost estimates under the Limitation of Funds or Limitation of Cost clauses must be submitted within the time limits set forth in those clauses.
3
a,.
RFP RS-RES-82-002 Paga 24 of 40 2.
Topical Reports a topical report in one (1) copy to the Contracting Officer's 6.
Project Officer (P0) and one (1) copy to the Contracting Officer, shall be due by the 15th day after (f) completion of each damage survey which is comprised of tasks one (1),
two (2), and three (3), and (ii) completion of each individual task four (4), five (5) and six (6).
3.
Trip Reports the contractor shall furnish in one (1) copy to the Contracting a.
Officer's Project Officer (P0) and one (1) copy to the Contracting Officer, a trip report elaborating the results of each contract related trip funded in whole or part hy the NRC. Trip reports are due by the 15th day after completion of each trip.
E.
Meetings and Travel The contractor shall participate in approximately two (2) four day a.
meetings per year at the regional and national specialist conferences upon the request of the Project Officer.
For proposal preparation 4
purposes, offerors shall not include amounts for the cost of trans-portation and par diem in their cost proposals.
However, other costs associated with attending these meetings, (including labor, overhead, etc.) shall be included in the cost proposals.
b.
The contractor shall participate in meetings with the NRC staff at Silver Spring, Maryland as requested by the Project Officer.
The contractor shall participate in meetings with other NRC sponsored contractors as requested by the Project Officer.
For proposal preparation, the offeror shall include the cost of one two day meeting with the NRC staff at Silver Spring, Maryland and one meeting with an NRC contractor at Chicago, Illinois.
F.
References 1.
NUREG/CR-0383 "T7rnado Damage at the Grand Gulf, Mississippi Nuclear Power Plant Site: Aerial and Ground Surveys," T. T. Fujita*,
J. R. Mcdonald **, The University of Chicago *, Texas Tech University **,
dated September, 1978.
2.
NOAA Technical Memorandum ERL NSSL-82, "The Tornado: An Engineering Oriented Perspective," Joseph E. Minor, James R. Mcdonald, Kishor C.
Mehta, National Severe Stonns Laboratory, Norman, Oklahoma, December, 1977.
j
RFP RS-RES-82-002
~
Page 25 of 40 t
A.
Single copies of NUREG documents can be purchased through the NRC/GP0 Sales Program by the following methods:
1)
GP0 deposit account holders, Mastercard and Visa cardholders may order via telephone by calling the NRC/GP0 Sales Office on (301) 492-9530.
2)
Sand a check / money order payable to Superintendent of Documents and your request to the NRC/GP0 Sales Office, U. S. Nuclear Regulatory Commission, ATTN: Sales Manager, 016, Washington, DC 20555.
3)
Copies of NUREG documents are also available from National Technical Infor-mation Services.
Details and availability can be obtained by calling or writing to National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. Telephone No. (703) 487-4650.
Note:
Copies of NUREG documents will be available for your inspection at the following address:
Public Document Room U. S. Nuclear Regulatory Commission 1717 H Street, NW Washington, DC 20555 9--
.e.--
9
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RFP H5-Hth-82-UU2 Page 26 of 40 1
TABLE 1 MISSILE MASS (Kg)
Dimensions (m)
A Wood Plank 52
.092 x.289 x 3.66 8 (" Sch 40 pipe 130
.168 D x 4.58 C 1" Steel rod 4
.0254D x.915 D Utility pole 510
.343D x 10.68 E 12" Sch 40 pipe 340
.32D x 4.58 F Automobile 1810 5 x 2 x 1.3 From V. S. NRC Standard Review Plan 3.5.1.4 " Missiles Generated by Natural Phenomena" - Rev. 2--July 1981 - NUREG-0800 (formerly NUREG-75/067) e f
e t
i 4
4 9
8
RFP RS-RES-82-002 Page 27 of 40 ARTICLE 11 - PERIOD OF PERFORMANCE l
The performance of work described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, esti-months after said contract is effective.
mated to occur within ARTICLE III - CONSIDERATION AND' PAYMENT (Fully Funded Cost Reimbursement)
A.
Estimated Cost and Obligation 1.
The presently estimated cost of the work under this contract is S
2.
The amount presently obligated by the Government with respect to this contract is $
B.
Payment The Government shall render payment to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers.
Additional provisions relating to payment are contained in Clause 5.1-1 L
of the General Provisions hereto.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A.
Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional percent of rate of B.
Pending the establishment of final general and administrative rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of percent of C.
Notwithstanding A. and B. of this Article, said provisional overhead and G&A rates may be adjusted'as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.
I 4
- To be incorporated into any resultant contract.
RFP RS-RES-82-002 Page 28 of 40 ARTICLE y
- KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer.
In such event, the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
ARTICLE VI TECHNICAL DIRECTION A.
Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of work.
2.
Providing assistance to the contractor in the preparation of drawings, specifications or technical portions of the work description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract.
The Project Officer does not have the authority to and may not issue any technical direction which:
1.
Constitutes an assignment of additional work outside the general scope of the contract..
2.
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
4.
Changes any of the expressed termi, conditions or specifications of the contract.
- To be incorporated into any resultant contract.
RFP RS-RES-82-002 Page 29 of 40 C.
ALL TECHNICAL DIRECTIONS SHAlt BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be submitted to the Contracting Officer.
The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving suc~ notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise the contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's performance, and may dven result in the contractor expending funds for unallowable costs under the contract.
E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
i
RFP RS-RES-82-002 Paga 30 of 40 ARTICLE VII - PROJECT OFFICER is hereby designated as the Contracting Officer's authorized representative (hereinafter called Droject Officer) for technical aspects of this contract.
The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract; or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) monitoring the contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for supplies, services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
f(pr gyjdance from the Project Officer to the contractor to be valid, it must:
- 1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
s
- To be incorporated into any resultant contract.
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RFP RS-RES-82-002 Page 31 of 40 ARTICLE VIII
. TRAVEL REIMBURSEMENT The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
1/ The Per diem shall be reimbursed at a daily rate not to exceed j/ for meals and 1.
per diem amount is comprised of lodging expense plus A miscellaneous expense.
2.
When travel is to one of the high-rate geographical areas listed below, actual subsistence costs shall be reimbursed at a daily rate not to exceed the rates indicated:
Distric of Columbia, Montgomery County, Maryland, Chicago, Illinois S/
3.
The cost of travel b'y privately owned automobile shall be reimbursed at the rate of dH per mile.
4.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that. economy class accommodations were not available.
First-class air travel.is not authorized.
6.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of S15.00.
e 1/ Current rate is $50.00 2/ Current rate is $23.00 3/ Current rate is 20c 4/ Current rate is $75.00
RFP RS-RES-82-002 Page 32 of 40 ARTICLE IX - OPTION TO EXTEND THE TERM 0F THE CONTRACT A.
At the option of the Government, this contract may be extended for a total of two (2) additional years, or a portion thereof, by the Con-tracting Officer giving written notice of extension of the Contractor prior to the expiration date of this contract.
If the Government exercises such option, the contract as extended shall be deemed to include this option provision:
Provided, however, that the duration of this contract, including the exercise of any options under this clause shall not exceed sixty (60) months.
i B.
In the event that the contract is extended in accordance with paragraph A of this Article, the Contractor shall continue the effort described in ARTICLE I - SCOPE OF WORK, during the 12** month period immediately following that set forth in ARTICLE II - PERIOD OF PERFORMANCE.
The parties hereto agree that upon issuance of the order exercirin'g this option, the following modifications will be made to the contract j
schedule in' effect as of the date that such issuance is made:
(1) The period of performance specified in ARTICLE II - PERIOD OF months.
PERFORMANCE will be increased by (2) The Estimated Cost, Fixed Fee and Total Cost Plus Fixed Fee specified in ARTICLE III - C0HSIDERATION AND PAYMENT, will be
, and $
increased by $
respectively.
n
- To be incorporated into any resultant contract.
- It is understood that there shall be two separate options of 12 month
. intervals each.
RFP RS-RES-82-002 Pace 33 of 40 l
l ARTICLE X
- GENERAL PROVIS10HS/ALTERATI0d5 This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts With Coninercial _ Organizations," dated 11/80.
Provisions Added:
3.12 Labor Surplus Area Subcontracting Program (1-1.805-3(b))
(a) The Contractor, agrees to establish and conduct a program which will encourage labor surplus area concerns to compete for subcontracts within their capabilities. In this connection, the Contractor shall--
(1) Designate a liaison officer who will (1) maintain liaison with duly authorized representatives of the Government on labor surplus area matters, (ii) supervise compliance with the Utilization of Concerns in Labor Surplus Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub-contracting Program;"
(2) Provide adequate and timely consideration of the potentialities of labor surplus area concerns in all "make-or-buy" decisions; (3) Assure that labor surplus area concerns will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of labor surplus area concerns; (4) Maintain records showing the procedures which have been adopted awards (y with the policies set forth in this clause and report subcontract to compl see 41 CFR l-16.804-5 regarding use of Optional Form 61). Records maintained pursuant to this clause will be kept available for review by the Government until the expiration of 1 year after the award of this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulations; and (5) Include the Utilization of Concerns in Labor Surplus Areas clause in subcontracts which offer substantial labor surplus area subcontracting opportunities.
(b) (1) The term " labor surplus area" means a geographical area identified by the Department of Labor as an area of concentrated unemployment or under-employment or an area of labor surplus.
(2) The term " concern located in a labor surplus ares" means a labor surplus area concern.
(3) The term " labor surplus area concern" means a concern that, together with its first-tier subcontractors, will perform substantially in labor surplus areas.
(4) The term " perform substantially in labor surplus areas" means that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
(c) The Contractor further agrees to insert, in any subcontract hereunder i
which may exceed $500,000 and which contains the Utilization of Concerns in Labor Surplus Areas clause, provisions which shall confora substantially to the language of this clause, including this paragraph (c), and to notify the Contracting 1
Officer of the names of such subcontractors.
I RFP RS-RES-82-002 Page 34 of 40 (7) Submit periodic reports of subcontracting to women-owned business concerns with respect to the records referred to in subparagraph (4) above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
(b) The Contractor further agrees to insert, in any subrontract hereunder which may exceed $500.000 or $1,000,000 in the case of contracts.;>r the construction of any public facility and which offers substantial subcontracting possibilities, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
l (c) The contractor further agrees to require written certification by its subcontractors that they are bona fide women-owned and controlled business concerns in accordance with the definition of a women-owned business concern as set forth l
in the Utilization Clause 1(b) above at the time of submission of bids or proposals.
5.8 Price Reduction for Defective Cost or Pricing Data (1-3.814-1(a))
If any price, including profit or fee, negotiated in connection with this contract or any cost reimbursable under this contract was increased by any sioni-ficant sums because:
(a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Currant Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricino data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (c) A subcontractor or prospective subcontractor furnished cost or oricino data which was required to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted:
the price or cost shall be reduced accordingly and the contract shall be audified in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prosoective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited t3 the amount (olus apolicable overhead and profit markuo) by which the actual wM%'.act, or actual cost to the Contractor if there was no subcontract,
- i was less than'b.a prospective subcontract cost estimate submitted by the Contractor:
Provided, The actual subcontract price was not affected by defective cost or pricing data.
(Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his low tier subcontractors.)
-m-
nry na-nts-oc-uuc Page 35 of 40 5.9 Price Reduction for Defective Cost or Pricing Data - Price Adjustments (1-3.814-1(b))
(a) This clause shall become coerative only with respect to any modification of this contract which involves aggregate increases and/or decreases in costs plus applicable profits in excess of $100,000 unless the modification is priced on the basis of adequate price competition, established catalog or market prices of connercial items sold in substantial quantities to the general public, or orices set by law or regulation. The right to price reduction under this clause is limited to defects in data relating to such modification.
(b)
If any price, including profit, or fee, neoctiated in connection with any price adjustment under this contract was increased by any significant sums because:
(1) The Contractor furnished cost or pricina data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricina Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricina data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricina Data; (3) A subcontractor or prospective subcontractor furnished cost or pricing data which was reouired to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Con-tractor's Certificate of Current Cost or Pricing Data; or (4) The Contractor or a subcontractor or prospective subcontractor furnished any data, not witnin (1), (2) or (3) above, which was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prospective subcon-tractor, when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no 3
subcontract, was less than the prospective subcontract cost estimate submitted by the Centractor. Provided the actual subcontract price was not affected by defective cost or pricing data.
t i
(Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor.
It is also expected that any subcontractor subject to such indemniff-cation will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.)
(c) Failure to agree on a reduction shall be a discute concernino a question l
of fact within the meaning of the " Disputes" clause of this contract.
l
KW Kb-Ktb-UL-UUL Page 36 of 40 5.10 Subcontractor Cost and Pricing Data (1-3.814-3(a))
(a) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances:
(1) Prior to the award of any subcontract the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable orofits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog oc market prices of comercial items sold in substantial quantities to the general public, or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
(c) The Contractor shall insert the substance of this clause includino this paragraph (c) in each subcontract hereunder which exceeds $100,000 when entered into except where the price thereof is based on adequate' price competition, established catalog or market prices of commercial items sold in substantial quantities to tre general public, or prices set by law or regulation.
In each such expected subcontract hereunder in excess of $100,000, the Contractor shall insert the substance oi' the following clause:
SUBCONTRACTOR COST OR PRICING DATA-PRICE ADJUSTMENTS (a) Paragrtphs (b) and (c) of this clause shall become operative only with respect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000. The requirements of this clause shall be limited to such contract modifications.
(b) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances:
(1) Prior to award of any subcontract, the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of comercial items sold in substantial quantities to the general public, or prices set by law or regulation.
q l
l
RFP RS-RES-82-002 Page 37 of 40 5.10 Subcontract Cost and Pricing Data (1-3.814-3(a)) Cont'd (c) The Contractor sna11 require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
(d) The Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into.
5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a))
(a) Unless the Administrator of General Services has prescribed rules or regulations exempting the Contractor or this contract from standards, rules, and regulations promulgated by the Cost Accounting Standards Board, the Contractor, in connection with this contract, shall:
(1) Follow consistently the cost accounting practices established or disclosed as required by regulations of the Cost Accounting Standards Board and administered under the Administration of Cost Acmunting Standards clause.
If any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requirements, the change must be applied in a consistent manner to this contract.
(2) Comply with all cost accounting standards which the Contractor is required to comply with by reason of concurrent performance of any contract or subcontract subject to the Cost Accounting Standards clause (4 CFR 331) and administered u'nder the Administration of Cost Accounting Standards clause. The Contractor also shall comply with any cost accounting standard which hereafter becomes applicable to such a contract or subcontract. Such compliance shall be required prospectively from the date of applicability to such contract or subcontract. Compliance shall continue until the Contractor completes per-formance of work under this contract.
(3) Agree to an equitable adjustment (as provided in the Changes clause of this contract, if any) if the contract cost is affected by a change which, pursuant to (2) above, the Contractor is required to make to his estab-lished cost accounting practices whether such practices are covered by a Dis-closure Statement or not.
(4) Negotiate with the Contracting Officer to determine the terms and conditions unde:r which a change to either a disclosed cost accounting practice or an established cost accounting practice, other than a change under (a)(3) above or (a)(6) below, may be made. A change to a practice may be proposed by either the Government or the Contractor, Provided, however, That no agreement may be made under this provision that will increase costs paid by the United States.
RFP RS-RES-82-002 Page 38 of 40 5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a)) Cont'd.
(5) Agree to an adjustment of the contract price or cost allowance, as appropriate, if it or a subcontractor fails to comply with the applicable Cost Accounting Standards or to follow any practice disclosed or established pursuant to subparagraph (a)(1) or (a)(2) above and such failure results in any increased costs paid by the United States.
Such adjustment shall provide for recovery of the increased costs to the United States together with interest thereon computed at the rate determined by the Secretary of the Treasury pur-suant to Pub. L. 92-41 (50 U.S.C. App.1215(b)(2)), or 7 percent per annum, whichever is less, from time the payment by the United States was made to the time the adiustment is effected.
(6) Negotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) when the parties agree to a change to either a disclosed cost accounting practice or an established cost accounting practice.
(b) The Contractor shall permit any authorized representatives of the head of the agency, of the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause entil the expiration of 3 years after final payment under this contract or such icsser time specified in the Federal Procurement Regulations (FPR) part 1-20.
(c) Unless a subcontract or Subcontractor is exempt under rules or regu-lations prescribed by the administrator of General Services, the Contractor:
(1) shall include the substance of this clause including this paragraph (c) in all negotiated subcontracts under this contract with subcontractors that are currently performing a national defense contract or subcontract that contains the clause entitled to Cost Accounting Standards and that are currently required to accept the clause in applicable national defense awards, and (2) shall include the substance of the Consistency of Cost Accounting Practices--Non-defense Contract clause set forth in I l-3.1204-2(b) of the FPR in negotiated subcontracts under this contract with all other subcontractors. The Contractor may elect to use the substance of the solicitation notice set forth in 51-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts.
(d) The terms defined in 5 331.20 of Part 331 of Title 4, Code of Federal Regulations, shall have the same meaning herein. As there defined, " negotiated subcontract" means "any subcontract except a firm fixed-price subcontract made by a contractor or subcontractor after receiving offers from as ' east two firms not associated with each other or such contractor or subcontracto?, providing (1) the solicitation to all competing firms is identical, (2) price is the only consideration in selecting the subcontractor from among the competing finns solicitied, and (3) the lowest offer received in compliance with the solicitation from among those solicited is accepted."
(e) The administration of this clause by the Government shall be accom-plished in conjunction with the administration of the contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board, pursuant to the Administration of Cost Accounting Standards clause. For the purposes of the Administration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting Standards clause shall be deemed to include this Cost Accounting Standards--
Nondefense Contract clause and reference to the Disclosure and Consistency of Cost Accounting Practices clause shall be deemed to include the Consistency of Cost Accounting Practices--Nondefense Contract clause.
J
RFP RS-RES-82-002 Page 39 of 40 i
4 5.12 Administration of Cost Accounting Standards (1-3.1204-1(b))
For the purpose of administrating Cost Accounting Standards requirements 1
under this contract, the Contractor shall:
i (a) Submit to the cognizant Contracting Officer a description of the accounting change and the general dollar magnitude of the change to reflect the sum of all increases and the sum of all decreases for all contracts containing, the Cost Accounting Standards clause or the Disclosure and Consistency of Cost 1
Accounting Practices clause:
(1) For any change in cost accounting practices required to comply with a new cost accounting standard in accordance with paragraph (a)(3) and (a)(4)(A) of the Cost Accounting Standards clause within 60 days (or such other date as may be mutually agreed to) after award of a contract requiring such change; (2) For any chan ance with paragraphs (a)(4)ge to cost accounting practices proposed in accord-(B), (a)(4)(C) of the Cost Accounting Standards clause or with paragraph (a)(3) or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause not less than 60 days (or such other date as may be mutually agreed to) prior to the effective date of the Propo:ed change; or (3) For any failure to comply with an applicable. Cost Accounting s
Standard or to follow a disclosed practice as contemplated by paragraph (a)(5) of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreement of such
]
noncompliance by the Contractor.
(b) Submit a cost impact proposal in the form and manner specified by the cognizant Contracting) Officer within sixty (60) days (or such other date as may a
j be mutually agreed to after the date of determination of the ade compliance of a change submitted pursuant to (a) (1), (2), or (3)quacy and
, above.
(c) Agree to appropriate contract and subcontract amendments to reflect i
adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause.
(d) When the subcontract is subject to either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practice clause so state in the body of the subcontract and/or in the letter of award. Self-deleting clauses shall not be used.
(e) Include the substance of this clause in all negotiated subcontracts containing either the Cost Accounting Standards clause or the Disclosure and 4
Consistency of Cost Accounting Practices clause.
In addition, include a pro-vision in these subcontracts which will require such subcontractors, within 30
. days after receipt of award (or such other date as may be mutually agreed to) to submit the following information to the Contract Administration Office Cognizant of the subcontractor's facility.
4 l
~
--..... _., _. -, _ _ -, ~, -..,.
RFP RS-RES-82-002 Page 40 of 40 5.12 Administration of Cost Accounting Standards (1-3.1204-1(b)) Cont'd.
(1) Subcontractor's name and subcontract number.
(2) Dollar amount and date of award.
(3) Name of Contractor making the award.
(4) A statement as to whether the subcontractor has made or poposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Disclosure and Consistency of Cost Accounting Practices clause unless such changes have already been reported.
If award of the subcontract results in making a cost accounting standard (s) effective for the first time, this shall also be reported.
(f) For negotiated subcontracts containing the Cost Accounting Standards clause, require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data or date of award, whichever is earlier.
(g)
In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing of such adjustment and agree to an adjustment in the price or estimated cost'and fee of this contract, as appropriate, based upon the adjustment established under the subcontract.
Such notice shall be given within 30 days after receipt of the proposed sub-contract adjustment, and shall include a proposal for adjustment to such higher tier subcontract or prime contract as appropriate.
(h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause and this clause are included in subcontracts, the term " Contracting Officer" shall be suitably altered to identify the purchaser.
1
r
~ * " "
~
PART IV LIST OF ATTACHMENTS i
w NRC Contractor Organizational i
Conflicts of Interest (41 CFR Part 20)
Attachment 1
NRC Organization Chart Attachment 2
i Optional Fonn 60 Attachment 3
Proposal Summary and Data Sheet Attachment 4
f General Provisions Attachment 5
k NRC Manual Chapter 3202 Attachment 6
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' Attachment 1 PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest l
Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions. 1.5403 Criteria for recognizing contractor organizatianal sonflicts of interest.
20-1.5404-Representation.
20-1.5405 Contract clau'ses.
I 20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award..
20-1.5407 Conflicts identified after award.
I 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 520-1.5401 Scope and Policy (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Comission to avoid, eliminate or neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of I
contract award.
(b)
Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific me'thod or set of criteria which would serve to l
identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this
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policy guidance.
The ultimate test is:
Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,,
or where it may have an unfair competitive advantage?
(c)
The conflict of interest rule contained in this subpart applies l
to-contractors and offerors only.
Individuals or firms who have other relat'ionships with NRC (e.g., parties to a ligensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition l
Sof consulting services through the personnel appointment process, NRC 3
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7590-01 agreements with other government agencies, international ' rganizations, o
. or state, local or foreign governments; separata procedures for avoiding conflicts of. interest will be employed in such agreements, as appropriate.
520-1.5402 Definitions t
-(a)
" Organizational conflicts of interest" means that a relationship exi.sts whereby a contractor or prospective contractor has present or planned interests related to the work-to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b)
"Research" mzans any scientific or technical work involving theoretical analysis, exploration, or experimentation.
I (c)
- Evaluation actuities" means any effort involving the appraisal of a techn. ology, process, product, or policy.
(d)
" Technical co sulting 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 normally 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, or statements of work.
(e') "ContrNet"meansanycontract, agreement,orotherarrangement with the NRC except as provided in Section 20-1.5401(c).
' (f)
" Contractor" means any person,s firm, unincorporated association, joint venture, colsponstor,: partnership,7 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)
"Affil.iates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual
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controls or has the power to control another, or when a third party l
controls.or has the power to control both (41 CFR 51-1.606-1(e)).
.(h)' " Subcontractor" mans an'y subcontractor of any tier which
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performs work under a contract with the NRC except subcontracts for
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su' plies and subcontracts in~ amounts of $10,000 or less.
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s (1)
" Prospective contractor" or'" offeror" means any person, firm,
"' T 4 unincorporated association, joint. venture, partnership, corporation, or affiliates thereof, including its/ chief executive, directors, key personnel f
(identified in the proposal), proposed consultants, or subcontractors, submitting a bid or, proposal, solicited or unsolicited, to the NRC to i
obtain a contract.
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7590-01 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC?
(2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate detennination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be performed.
While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b)
Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same area to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially invcived in their development or marketing.
l (iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.,
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7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract previsions such as provided in 520-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
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 2
well qualified.
In response to the inquiry in the RFP, tne XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work normally 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.
(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 evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP. l
7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.
An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3)
Example. As a result of operating problems in a certain type of comercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time.
That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This v.'tuation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4)
Example.
The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC 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 has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract I
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 1
l contract is proposed to be used.
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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)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance.
The contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.
The work for others clause of 5 20-1.6405-1(c) would preclude ABC Corp. from accepting work during the tem 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 perfomance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract.
This representation requirement l
shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, i
a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with l
regard to the contract being modified, only an updating of such statement shall be required. i O
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7590-01 i
ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1).
(c)
Instructions to offerors.
The following shall be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.
If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror. or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411.
J (2) The refusal to provide the representation required by 5 20-l 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 interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
4 (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 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 2
by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
5 20-1.5405 Contract' clauses 5 20-1.5405-1 General contract clause.
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i 7590-01 l
All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
(a)
Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance' of this contract.
(b)
Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR s 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of' interest with respect to tha work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d)
Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such j
conflicts.
The NRC may, however, ter.ninate the contract for convenience j
if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in the perfonnance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based j
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7590-01 on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is. first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the 1
contractor shall treat such information in accordance with restrictions placed on use of the information.
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.(3)
The contractor shall have,-subject to patent and security i
provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements l
of this contract have been met.
['l (f) Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the
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contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for i
intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from l
subsequent ~ contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause shall be directed in writing through the contracting officer to-the Executive Director for Operations (EDO) in accordance with the procedures outlined
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ins 20-1.5411.
520-1.5405-2 Special contract provisions.
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(a)
If it is determined from the nature of the proposed contract I
that organizational conflicts of interest exist, the centracting officer I
may determine that such conflict can be avoided or after obtaining a vaiver in accordance with $20-1.5411, neutralized through the use of an appropriate special. contract provision.
If ~ appropriate, the offeror may i
negotiate the terms.and conditions of these clauses, including the
. extent and time period of any such restriction. These provisions include but are not limited to:
N' 7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)
Software exclusion clauses; (3)
Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protaction of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (1) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i)_ Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of
-work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3)
Nothing in this paragraph shall preclude che contractor from offering or selling its standard commercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information.
After evaluating this information against the criteria of.' 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has oeen determined that conflicts of interest exist, then tne contracting of ficer shall either:
(a)
Disqualify the offeror from award..
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7590-01 (b)
Avoid or eliminate such conflicts by appropriate measures; or (c)
Award the contract under the waiver provision of 520-1.5411.
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
920-1.5408 (Reserved) 320-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
i20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the ED0 may waive the policy in specific cases if he determines that it is in the best interest of the United States to do 50.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed oy NRC to neutralize the conflict.
For any such waivers, the justification and approval occuments shall be placed in the Public Document Room. l l
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7590-01 620-1. 5412 Remedies e
In addition to such.other remedies as may be permitted by law or contract for a breach of the re'strictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washincton. D.Cthis 27th day of March 1979.
For the Nuclear Regulatory Commission a
CRuudN Ghat Samuel
. Chilk Secretary of the Commission h
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ITEM OfSCRIPnON (Ja# /eelsett 5) 157 COST (3)
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8 MAS ANY Ba0CWilvt A0tpeC7 OP fMS WNifte stattl 00vleNm8NT 90eP0eant$ ANY etyltw OP 1994 ACCOWNfl Os seCotDS em COesNGCfiON WilM ANT Ofsta 00vitPeutNT Ptime CON? TACT 04 SutCONfsACT wifMIN YMI Palf twetyt an0NfMet 0 vtg Q NO fif. Pen, odeettf> below.)
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PR'OPOSAL
SUMMARY
AND DATA SHEET Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the RFP es follows.
Amendment Number Date Signature j
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Subcontractor Information Furnish name and locatsn of organization, description of services, basis for selection, responsibile person employed by subcontractor and cost information.
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TECHNICAL PROPOSAL
SUMMARY
IA ttach to thus ProposalSummary Data Sheeti A. METHOOS - (Lost or summarire the chronologies! milestones to be reocned throught the year. voon whrch further work as based. Outline the basic experimentalsoproaches to be taken to rwach these molestones.)
B. R ATION AL -IIndicate the uncerlyong princrobes and concepts relevant to this work which wouldlustofy toking l
the proposed Opproech to meeting the stated objectiWs of this Rff.)
C. F ACILITlES. (Indicate briefly the cuantity and custity of sosce to be maae svarlsbar for this croiret.1 O. OTHER.(include beraf statements of esperience sad accomolishments of perncrosi investigator and other orofessione personnel whrch era germone to the effort proooned. Do not reforwnce technocalproponel or currocure votse. but abstis:
the mostportrnentinformation.)
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