ML20055C553

Contract: R&D on Issues Re Improving Effectiveness of Maint Programs at Nuclear Power Plants, Awarded to Xyzyx Info Corp

ML20055C553
Person / Time
Issue date:	04/06/1990
From:	Inaba K, Mace M NRC OFFICE OF ADMINISTRATION (ADM), XYZYX INFORMATION CORP.
To:
Shared Package
ML20055C552	List: ML20055C551 ML20055C553
References
CON-FIN-L-15120, CON-NRC-04-90-054, CON-NRC-04-90-054-0, CON-NRC-4-90-54 NUDOCS 9005250043
Download: ML20055C553 (33)

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,a AWARD / CONTRACT j

Page 1

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING j

2. CONTRACT 'NO.

l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE

-b4 0-b5 APR 0epgg

5. ISSUED BY Code:

l6. ADMINISTERED BY Code:

l (If other than Item 5)

U.S. Nuclear Regulatory Commission l Contract Administration Branch-Div of Contracts & Property Mgmt.

l Div. of Contracts & Property Mgmt.

Contract Neg. Branch No. 2; P-1042 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 r

CONTACT - Donna M. Umbel l

3 PHONE - (301) 492-4281 l

7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY Xyzyx Information Corporation

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F0B ORIGIN 21116 Vanowen Street l

(X )

OTHER (See below) Block 11 Canoga Park, CA 91303 l

l 9. DISCOUNT FOR PROMPT PAYMENT l

N/A l'

Duns Code:

l Facility Code:

l 3,

10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6

11. SHIP T0/

CODE l12. PAYMENT WILL CODE MARK FOR l

BE MADE BY l

U.S. Nuclear Regulatory Commission l

U.S. Nuclear Regulatory Commission Dr. Monideep K. Dey, NL/S-169 l

Division of Accounting and Finance Washington,-D.C. 20555 l

GOV /COM Accounting Section

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l Washington, DC 20555 i

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-13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

(-)'10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c) ( )

14. ACCOUNTING AND APPkOPRIATION DATA B&R No. 0601925020 FIN No. L15120 APPN. No. 31X0200.600 AMT. OBLIGATED: $109,641.00 j.

ISA. ITEM 15B. 5'jPPLI ES/.

ISC. QUANTITY 15D. UNIT ISE. UNIT 15F. AMOUNT NO.-

3ERVICE3 PRICE Provide services to perform research in accordance with Xyzyx's Technical Proposal dated October. 13,.1989, as amended March 13, 1990, both of which are incorporated herein by reference, and the schedule as revised and mutually agreed upon'on March 27, 1990, which is made a part of this Contract.

15G. TOTAL AMOUNT OF CONTRACT

$109,641.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)

Prescribed by GS/-

l 9005250043 9004oc, FAR(48 CFR) 53.214(a)

PDR CON'R l

NRC-64 % 4 % QpDC l

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O AWARD / CONTRACT 16.

TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE I

A SOLICITATION / CONTRACT FORM B

SUPPLIES OR SERVICES AND PRICES / COSTS C

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D

PACKAGING AND MARKING-E INSPECTION AND ACCEPTANCE F

DELIVERIES OR PERFORMANCE G

CONTRACT ADMINISTRATION DATA H-SPECIAL CCO RACT REQUIREMENTS.

l PART II - CONTRACT CLAUSES i

I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J

LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS i

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS M

EVALUATION FACTORS-FOR-AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.

(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 3 copies to issuing office.). Contractor agrees t.c furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation shet 's for the censideration stated herein.

The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein.

(Attachments are listed herein.)

18.

( ) AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number

, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.

19A NAME AND TITLE OF SIGNER l 20A NAME OF CONTRACTING OFFICER (Type or print) l l

Mary H. Mace

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r 19B. N OF C TRACTOR l 20B UNITED S ATES OF ERICA by

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r (Signatu[eoYpersonautho'rizedtosign)'

(Signatur4iffontractingfficer) 19C.DATESIg g

' 20C, DATE SIGNED g

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EXCEPTION TO ' STANDARD FORM 26 (REV.4-85) t 9

I

c TABLE OF CONTENTS PAGE

-AWARD / CONTRACT...

4 1

TABLE OF CONTENTS..........................

3 PART I - THE SCHEDULE........................

5

- SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 5

B.1 PROJECT TITLE.......................

5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............

5 i-B.3 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE.......

5 (JUNE 1988)

SECTION C - DESCRIPTION / SPECIFICATION................

6

/ WORK STATEMENT C.1 STATEMENT OF WORK.....................

6 SECTION D - PACKAGING AND MARKING..................

7

~ D.1 PACKAGING AND MARKING (MAR 1987);.............

7 SECTION E - INSPECTION AND ACCEPTANCE................

8 j'

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

8

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SECTION F - DELIVERIES OR PERFORMANCE................

9 F.1 -

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

9 F.2 PREPARATION OF TECHNICAL REPORTS (JUNE 1988)........

9 F.3 PLACE OF DELIVERY--REPORTS (JUNE 1988)...........

9 F.4 DURATION OF CONTRACT PERIOD (MAR 1987) 10 F.5 DELIVERABLES / MEETINGS. ;.................

10 SECTION G - CONTRACT ADMINISTRATION DATA..............

12 G.1 PROJECT OFFICER AUTHORITY (MAR 1987).'...........

12 ALTERNATEII(MAR 1987)

G.2 PAYMENT...........................

12 c

SECTION H - SPECIAL CONTRACT REQUIREMENTS..............

13 H.1 KEY PERSONNEL (MAR 1987)..................

13 h2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987) 14 H.3 PRIVATE USE OF CONTRACT INFORMATION AND "?TA (JUNE 1988)..

14 H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF MEREST......

14 H.S GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..

16 (JUNE 1988)

H.6 DISSEMINATION OF CONTRACT INFORMATION............

16

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PART II~ - CONTRACT CLAUSES.....................

17 q

CONTRACT CLAUSES 17 1

SECTION.I 1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

17 1.2 DRUG-FREE WORKPLACE (FAR 52.223-6).............

18 (MAR 1989) l L

1.3 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).........

20 I.4 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28).

25 t

l (APR1989) 26 1

1 1.5 CLAOSES INCORPORATED BY REFERENCE.............

(FAR 52.252-2) (JUN 1988) 1 I.6 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL 26 i

i TRANSACTIONS--(FAR 52.203-12) (JAN 1990)

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TABLE OF CONTENTS PAGE

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PART III - LIST OF DOCUMENTS, EXHIBITS...............

33 T

AND OTHER ATTACHMENTS c

SECTION J - LIST OF ATTACHMENTS.........-..........

33 11 J.I ATTACHMENTS (MAR 1987)...................

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.c-L NRC-04-90-054-02 Section B t

Tc P RT I - THE SCHEDULE s.

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS l

1-i B.1 PROJECT TITLE The title of this project is as follows:

Research and Development on Issuet Related to' Improving the Effectiveness of. Maintenance N.:

Programs at Nuclear Power Plants.

l i

(End of Clause)

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) s Provide services for research and development in developing-a standard for an acceptable maintenance program which will improve the effectiveness of maintenance programs at nuclear power plants.

(End of Clause)

- B.3 CONSIDERATION AND_0BLIGATION--FIRM FIXED PRICE (JUNE 1988) l The firm fixed price of this com.it is $109,641.00.

s, s (End of Clause)

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Page 6 it NRC-04-90-054-02 Section C l

SECTION C - DESCRIPTION / SPECIFICATION

/ WORK STATEMENT u.

C. !'

STATEMENT OF WORK The Contractor shall perform research in accordance with the Technica1' Proposal entitled, sasearch and Development on Issues Reisted to Improving Effectiveness l

of Maintenance Programs at Nuclear Power Plants" dated October 13, 1989, as amended Mar,th 13, 1990, both of j

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which are incorporated herein by reference and made a part i

of this Contract.

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NRC-04-90-054-02 section D

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SECTION O - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for sh.ipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.

Containers and closures shall comply with the Interstate Commerce. commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which ic the product it, being provided.-

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SECTION E - INSPECTION AND ACCEPTANCE t

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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NOTICE:

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER'1)

NUMBER DATE TITLE 52.246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE l '

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.T Page 9 NRC-04-90-054-02 Section F l.

i SECTION F - DELIVERIES OR PERFORV'.NCE l

i 9

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE l

NOTICE: The following soitt:itation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE i

I 52.212-13 AUG 1989 STOP-WORK ORDER F. 2. PREPARATION OF TECHNICAL REPORTS (JUNE 1988)

All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in e

accordance with the attached NRC Manual Chapter 3202.

NRC Manual Chapter 3202 is not applicable to any Contractor Spending Plan (L3P) and any Financial Status Report that may be included in tF's contract.,(See Section J for Litt of Attachments).

(EndofClause)

F.3 PLACE OF DELIVERY--REPORTS (JUNE 1988)

The items to be furnished hert :nder shall be defivered, with all charges paid by the Contractor,'to:

i a.

Project Officer (3 copies)

U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Regulatory Applications Mail Stop NL/S-169 "i

Washington, D.C.

20555 b.

Contracting Officer (1 copy) m V

U.S. Nuclear Regulatory Commission Contract Number: NRC-04-90-054-02 Division of Contracts and Prope,rty Management Contract Administration Branch Washington, D.C, 20555 (EndofClause) l l

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NRC-04-90-054-02 S:ction F

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'F.4 DURATION OF CONTRACT PERIOD (MAR 1987) 3 This contract shall comence on the effective date of the i

contract and will expire fifteen months after the effective date.

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(EndofClause) l t

. F. 5 DELIVERABLES / MEETINGS F.5.1 MILESTONE DATE a.

Present Detailed Work Plan Apr 1990-j r

b.

Present Progress Report May 1990

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c.

Fresent Progress Report Jun 1990 d.

Deliver Interim Technical Report Jun 29, 1990 i-e.

Presentation of laterim Reports Jul 1990 k

f.

Participate in Public Workshop Sep 5/6, 1990.+

g.

Deliver Draft Final Technical Report Sep 28, 1990 h.

Presentation of Draft Final Report Oct 1990 f

1.

Participate in ACR$ Subcommittee Meeting Nov 1990 J.

Deliver Final Report Dec 31, 1990

k. -Attend Commission Brinfing Mayf0un1991 F.5.2 FORMAT AND CONTENT OF REPORTS In order to facilitate the applicability and use of the reports by the NRC regulatory staff, the reports should include:

a.

• Analyses and responses to public comments in the technical areas covered by the contract b.

• Recommendations for requirements to be included in the Maintenance Standard.

c.

• Alternate methods for implementing the recomended requirements of the Maintenance Standard.

1 d.

Examples of plant-specific applicaticns of the proposed nethods to demonstrate the applicability hnd effectiveness of the approach (es).

• All conclusions or recommendations should be supported with a rationale or basis statement including appropriate citations to relevant studies or technical references in support of the f

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Page 11 NRC-04-90-054-02 Section F 1

rationale.

" Subject to the availability of facility.

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.m-NRC-04190-054-02 Section G

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SECTION G - CONTRACT ADMINISTRATION DATA r

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G. I.

PROJECT OFFICER AUTHORITY (MAR 1987)

I ALTERNATE II (MAR 1987) s.

The Contracting Officer's authorized representative i

hereinafter referred to as the Project Officer for this contract is:

Name:

Dr. Monideep K. Dey Address: U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Mail Stop NL/S-167 i

Washington, D.C.

20555 L

P Telephone Number: (301) 492-3730 b.

The Project Officer is responsible for:

1)- Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.

2) Inspecting and accepting products / services provided under the contract.

3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval,' disapproval, or suspension.

c.

The Project Officer is not authorized to make changes to-the express terms and conditions of this contract.

(End of Clause)

G G2 PAYMENT a.

Partial payments (4 each) will be paid to the contractor upon submission and acceptance of'the four deliverables outlined in F.5.1.a., d., g., and J. herein.

Payments will be paid in the following amounts respectively:

$27,405.00,

$27.405.00, $27,405.00, and $16,058.0,0.

j b.

Find pament in the amount of $11,368 will be paid to the contractor upon completion of the contract as outlined in F.5.

herein.

(EndofClause)

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Page 13 NRC-04-90-054-02 Section H

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SECTION H - SPECIAL CONTRACT REQUIREMENTS l

i H.I KEY PERSONNEL (MAR 1987)

The following individuals are considered to be essential a.

to the successful performance of the work hereunder.

Dr. Kay Inaba, President

.The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof.

j b.-

If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeciing 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptiv replace such personnel with-personnel of at least substantially equal ability and qualifications.

c.

All requests for appreval of. substitutions hereunder must i

be in writing and proviW a detailed explanation of the circumstances necessit w ig the proposed substitutions.

They contain a complete reid a for the proposed substitute,-and other information requested by the Contracting Officer to approve or disapprove the proposed substitution.

The Contracting Officer will evaluato such requests and promptly notify the Contractor cf his/her-approval or disapproval thereof in writing, d.' If the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for ths contract work is not reasonably forthcoming; or

2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may b'e terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed

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fee.may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

(End of Clause) i s

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'NRC-04-90-054-02 Section H H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)

The Contractor shall take all reasonable precautions in the I

performance of the work under this contract to protect the health and safety of employees and.of members of the public and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department _of Labor.

In the evant that the Contractor fails to comply with these regulations or requirements, the Contracting j

Officer, may, without prejudice to any other legal or contractual i

rights of the Commission, issue an order stopping all or any part' of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.

The Contractor

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shall make no claini for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.

(End of Clause)

H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.

(End of Claus >

H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INic. REST (a) Purpose. The primary purpose of this clause is to aid in i

ensuring that the contractor:

(1) is not placed in a conflicting role because of current or planned interests (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 apply to performance or p rticipation by the contractor as defined in 41 CFR

$20-1.5402(f) in the activities covered by this clause.

(c) Work for others.

Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting' or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract., The contractor _shall ensure that all employees under this contract abide by the provist.on of this clause.

If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization inay involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of A

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.1 NRC-04-90-054-02 Section H 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

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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 g.'

discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer.

This statement must include a description of the action which the contractor has taken or proposes to take to avoid or. mitigate such conflicts. The NRC may, however, terminate.the contract if i

termination is in the best interest of the Government.

l (e) Access to and~~use of information.

(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to:

-(i) Use this information for any private purpose y

until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the L

information to the public, whichever is first; E

(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public, or (iv) Release the information without prior written b

approval by the contracting officer unless the information has previously been released to the public by the NRC.

i (2) In addition, the contractor agrees that, to the i

p extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract., the contractor shall treat the information in accordance with restrictions placed on.use of the information.

(3)' The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private'

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purposes provided that all requirements of W contract have

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been met.

i (f) Subcontractst Except as provided in'41 CFR I

$20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms

" contract," " contractor," and " contracting officer," must be appropriately modified to preserve the Government's rights.

i (g). Remedies.

For breach of any of the above restrictions, or for. intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed.concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver.

A request for waiver under this clause must be i

directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR $20-1.5411,

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(End of Clause) r H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988) t The Government will not provide any equipment / property under s

this contract.

(End of Clause)

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H.6 DISSEMINATION OF CONTRACT INFORMATION (FEB 1990)

In addition to the reports required under Section F entitled

" Deliveries or Performance," the contractor and the NRC project Officer shall discuss whether the information resulting from this research warrants publication in refereed scientific and engineering journals.

Such publication should focus on advances in science and technology and minimize-conclusions and/or recommendations which may have regulatory implications, i

The Contracting Officer will make the final determination whether the publication of research results is within the scope &f work under this contract.

The Contracting Officer will notify the contractor of the decision-in writing.

The contractor shall not proceed with such publicatica until after receipt by the contractor of notifiestion that publication should be pursued.

If the decision is made to. publish, the contractor shall t

actively pursue the publication in accordance with tha provisions of NRC Manual Chapters 3202 and 3206.

The contractor shall coordinate all such publications with, and transmit a copy of the proposed article to, the NRC

-Project Officer for review and approval prior to publication.

The intent of

~this provision is to facilitate the broad dissemination of significant information.

It is not intended to control the publication of research supported by the NRC.

(End of Clause)

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NRC-04-90-054-02 Section I PART II - CONTRACT CLAUSES CONTRACT CLAUSES SECTION I L

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATVITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE-GOVERNMENT 52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.209-6.

MAY 1989 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 DEC 1989 AUDIT -- NEGOTIATIc:

52-215-22 APR 1988 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.215-31 SEP 1987 WAIVER OF FACILITIES CAPITAL COST OF MONEY 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADt'ANTAGED BUSINESS CONCERNS i

52.219-13 AUG 1986 VTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS e

52.222-1 APR 1984 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL l

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Page 18 o-NRC-04-90-054-02 Section I i

4 DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL c

DISA8 LED VETERANS AND VETERANS' 0F-THE VIETNAM ERA 52.223-2 APR 1984 CLEAN AIR AND WATER i

52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS 52.227-1 APR 1984 AUTHORIZATION AND CONSENT j

52.227-2 APR 1984 NOTICE AND /tSSISTANCE REGARDING.

PATENT AND COPYRIGHT INFRINGEMENT-52.229-3 APR 1984 FEDERAL, STATE, AP" 9 CAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS 4ORMED IN U.S. POSSESSIONS

RTO RICO 52.'230-4 SEP 1987 ADMINISTRATION U CDs-ACCOUNTING STAN! GOS l

52.230-5 SEP-1987 DISCLOSURE AND f 1 SIS iNCY OF COST ACCOUNTiu' c'..CTICES 52.232-1 APR 1984 PAYMENTS 52.232-8 APR 1989 DISCOUNTS FOR PROMPT PAYMENT 52.232-9 APR 1984 LIMITATION ON WITHHOLDING 0F PAYMENTS 52.232-11 APR 1984 EXTRAS

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52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I (APR 1984) 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.243-1 AVG 1987 CHANGES -- FIXED PRICE ALTERNATE I ( APR 1984) 52.244-5 APR 1984 COMPETITION IN SU8 CONTRACTING i

52.245-2 APR 1984 GOVERNMENT. PROPERTY (FIXED-PRICE CONTRACTS) 52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE i

0F THE GOVERNMENT (SERVICES)

(SHORT FORM) i 52.249-8 APR 1984 OEFAULT (FIXED-PRICE 1'

SUPPLY AND SERVICE) 52.246-25 APR 1984 LIMITATION OF LIABILITY - SERVICES i

i I.2:

DRUG-FREE WORKPLACE (FAR 52.223-6)

(MAR 1989)

(a) Definitions.

As used in this clause, " Controlled Substances" i

means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.

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" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body

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charged with the respont, ' ity to determine violations of the i

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Federal or State criminal r rug statutes.

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" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

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" Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession,'or use of a controlled substance.

" Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract.

" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.

(b) The Contractor, if other than an individual, shall-(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees.for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about-(1)

The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; I

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and I

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(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

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(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagrapn (b)(1) of.this clause;

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(4) Notify such employees in the statement required by i

l subparagraph (b)(1) of this clause, that as a condition of continued employment on this contract, the employee will-(1) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction, l

i (5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee. or otherwise receiving actual notice of such conviction; (6) Within 30 days after receiving notice under subparagraph (b)(4)(11) of this clause of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of P

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i-j drug abuse ~ violations occurring in the workplace:

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i (1) Taking appropriate personnel action against such j

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. employee, up to and including termination; or

- (ii) Require such employee to satisfactorily participate in a 1

drug' abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(7) Make a good faith effort to maintain a druc-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of

'l this clause.

I (c) The Contractor, if an individual, agrees by award of the

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contract or acceptance of a purchase order, not to engage in the l

unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract, i

(d) In addition to other remedies available to the Government, C

the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, i

render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.

(End of Clause)

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1.3 PROMPT PAYMENT (FAR 52.232-25) (APR 1989) e Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified. The term "fereign vendor" means an incorporated concern not incorporated in the United States, or unincorporated concern having its principal 1

l place of business outside the United States.

(a) Invoice Payments.

(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government.

This includes payments for partial deliyeries that have been accepted by the Government and final cos't or fee payments where amounts owed have been settled between the Government and the Contractor.

(2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the h

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Page 21 NRC-04-90-054-02 Section I i

designated payment office shall be the later of the following two i

b' events:

'(1) The 30th day.after the designated billing office has i

received a proper invoice from the Contractor.

(ii) The 30th day after Government acceptance of supplies 4

- delivered or services performed by the Contractor. On a final

- invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.. However, if the 1

designated billing office fails to annotate the invoice with the.

actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the. Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract l

1 requirements.

J (3) The due date on contracts for meat and meat food products, contracts for perishable agricultural comniodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an j

invoice shall be as follows:

(i) The due date for meat and meat food products, as defined i

in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)) and.further defined in Pub. L.98-181 to include any edible fresh or frozen poultry meat, any perishable poultry meat food product,' fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product delivery.

L (ii) The due date for perishable agrituitural commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

l (iii) The due date for dairy products, as defined in Section

' 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C L

'4502(e)), edible fats or' oils, will be as close as possible to, but not later than, the 10th day'after the date on which a proper invoice has been received.

'(4). An invoice is the Contractor's bill or written request for

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payment under the contract for supplies delivered or services

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performed.

An invoice shall be prepared and submitted to the

<t designated billing office specified in the contract. A proper invoice must include the items listed in subd.ivisions (a)(4)(1) i l

through (a)(4)(viii) of the clause.

If the invoice does not comply I

with these requirements, then the contractor will be notified of the r

defect within 7 days.after receipt of the invoice at the designated billing office (3 days for meet and meat food products and 5 days for perishable agricultural commodities, edible fats or oils, and L

food products prepared from edible fats or oils).

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NRC-04-90-054-02

.Section I--

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N notification will be taken into' account in the computation of any l",

interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of^this clause.

~'(i) Name and address of the Contractor.

-(ii) Invoice date,

-(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract lineitemnumber).

(iv) Description, quantity, unit of measure, unit price, and evtended' price of supplies delivered or services performed.

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(v) Shipping and payment terms (e.g.,- shipment number _ and date of shipment, prompt payment discount terms).

Bill of lading number and weight of shipment will be shown for shipments on Government'b111s of lading.

g (vi).Name and address of Contracter official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.

-(viii) Any other-information or documentation required by other requirements of the contract (such as evidence of shipment).

F (5):An interest penalty shall be paid automatically by the Government,' without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(5)(1) through (a)(5)(iii) of this clause are met, if applicable.

t An interest penalty shall not be paid on contracts awarded to y

foreign vendors outside the United States for work performed outside y

P the United States.

(1)'A proper invoice was received by the designated billing L

office.

Y (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.

g (iii) In the case of a final invoice for any balance of funds I:

due the Contractor for supplies del.ivered or services performed, the H

amoiJnt was' not subject to further contract se'ttlement actions

-between the Government and the Contractor.

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.(6) The-interest penalty shall be at the rate established by the-

' Secretary of the Treasury under Section 12 of the Contract Disputes o

J Act of 1978-(41-U.S.C. 611) that is in effect on the day af ter the I

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.Stetion I l

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u-due datt, acept where the interest penalty is prescribed by other

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_ governmental authority.

This rate is referred to as the

' Renegotiation' Board Interest Rate," and it is published in the FederaP Register se'niannually on or about' January I a~ d July:1. The n

4 interest' penalty shall accrue daily on the invoice payment mount approved by the Government and be compounded in 30-day increments inclusive from the first' day after the due date through the payment.

.date. That is,Linterest accrued at the end of any 30-day period i

c will be added to the approved invoice payment amount and be subject

.to interest penalties if not paid in the succeeding 30-day period.

If the designated billing office failed to notify the contractor of a defective invoice within the periods, prescribed in sub?aragraph (a)(4) of this clause, then the due date'on.the correctec invoice

.will be adjusted by subtracting the number of days taken beyor.d the 4W prescribed notification of defects 1 period. Any interest penalty

-owed the Contractor will be based on this adjusted due-date.

.. Adjustments will be made by the designated payment office for errors in calculating interest penalties,11 requested by the Contractor.

(1) For the sole purb s of computing an interest penalty that might be due the contractor, Government acceptance shall be i

deemed to have occurred constructively on the 7th day after the cnntractor delivered the supplies or performed the services in

,accordence with'the terms and conditions of the contract, unless L

there is a disagrtement over quar'tity, quality, or contractor J

1 compliance with a contract provision.

In the event that actual acceptance occurs within the constructive acceptance pericd, the determination of.an interest penalty shall be based on the actual L

'date of acceptance.

The constructive acceptance requirement does

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not, however,. compel Government officials to accept supplies-or services, perform contract administration functions, or make payment.

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prior to.fulfillirg their responsibilities.

(ii) The following' periods of-time will not be included in the determination of an interest penalty:

h (A) The period taken to notify the contractor of defects li in invoices submitted to the Government, but.this may not exceed 7

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days (3 days for meat and meat food products and 5 days for mT perishable' agricultural commodities, dairy prnducts, edible fat or oils, and food products prepared from edible fats or oils).

,y (B) The period between the defects notice and resubmission

+4 of the corrected invoice by the Contractor.

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(iii) Interest penalties will not continue to accrue after j

the filing of a claim for such penalties under the clause at 52.233-1, Oisputes, or for more than 1 year.

Interest penalties-of lg less than $1.00 need not be paid.

(iv) Interest penalties are not required on' payment deluys

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due to disagreement between the Government and Contractor over the' K

payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the

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u terms'of the contract. Claims involving disputes, and any interest l

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Page 24 NRC-04-90-054-02 5ection I'

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_that may be payable, will be. resolved in accordance with the clause-at 52.233-1, Disputes.

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(7)'An interest penalty shall also be paid'au'tomatically by the designated payment office, without request from the contractor, if a a,v discount: for prompt payment is taken improperly.- The interest-l j$,

penalty will be calculated as described in subparagraph (a)(6) of 1

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.this. clausa on the amount of discount taken for the period beginning

[:<, o with the first day after the end of the discount period through the.

a date when the_ Contractor'is paid.

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~ (8) If this contract was awarded on or after October 1,1989, a

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penaltycamount'_ calculated in accordance with regulations issued by the Office of Management and Budget,.shall be paid in addition to i

the ' interest penalty amount if the contractor:

w' fi) Is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after

'the date the invoice amount is paid;.and s

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'(iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.

(b)ContractFinancingPayments.

'(& For purposes of this clause, " contract financing-payment"-

means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government.

Contract financing payments include advance payments, progress payments based on cost under the cinuse.at-- 52,232-16, Progress Payments, progress payments based on a c

percentage or stage of completion (32.102(e)(1)) other than_those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the' clause at 52.232-10,' Payments-Under Fixed-Price Architect-Engineer Contracts, and interim payments on Lcost_ type contracts.

s (2) For contbtets that provide for contract financing, requests for payment shall.be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer.' Contract financing payments shall be made on the-30th day l

after receipt of a proper contract financing request by the e signated billing office.

In the event that an audit or other

~ review'of'a specific financing request is required to ensure

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compliance with the terms and conditions of the contract, the designated payment: office is not compelled to make payment by the duc date specified.

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(3) for advance paynants, loans, or other arrangements that do r

not-involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract i

terms-or as d$rected by the Contracting Officer.

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.(4) Contract: financing payments 1shall not be-assessed an 1

. interest penalty'for--payment delays.

6-(c) If this contract enttains the' clause at 52.213-1, Fast Payment

. Procedure,' payments will.be made within 15 days after the date of

-receipt'of;the invoice.

(End of Clause)'

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I.4 ELECTRONIC FUNDS TRANSFER PAYMENT METH00S (FAR 52.232-28)

(APR 1989)L r

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.Paymentsuhder.thiscontractwillbemadebytheGovernmenteither by check or electronic fund transfer (through the Treasury Fedline Payment' System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government. After sward, but no later than-14

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' days before an invoice or contract financing request is submitted, the; Contractor shall designate a financial institution for receipt of electronic-funds ~ transfer payment, and shall. submit this designation to the Co'ntracting Officer or other Government Official, as directed.

(a) For payment through FEDLINE, the Contractor shall provide the following information:

(1) Name, address, and telegraphic abbreviation of the-financial institution receiving payment.-

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(2)-The American Bankers Association 9-digit identifying number

.for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications.

L System.

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-(3)~ Payee's_ account number at the financial institution where funds are to'be transferred.

(4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and

' telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity.

Provide the telegraphic abbreviation and the American Bankers Association identifying number for the correspondent institution.

(b); For payment through ACH, the Contractor shall provide the following information:

W (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying

. number used for FEDLINE).

(2) Number.of account to which funds are to be deposited.

(3) Type of depositor account ("C" for checking, "S" for

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NRC-04-90-054-02 Section I-g[?l v.

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savings).:

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4 (4)'If the Contractor is a new enrollee to the ACH system, a f._

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" Payment Information Form," SF 3881, must be completed before -

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payment can be processed.

.(c) fin the event the. Contractor, during the performance of this contract, elects to designate a differentl financial institution for e

the receipt of any payment mtde using electronic funds transfer 1

procedures, notification of such_ change and the required information specified above must be received.by the appropriate Government

. official-'30 days prior to the date such change-is to become W

effective.

(d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone numbep of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

~(e) Contractor.f ailure w properly designate a financial

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, institution or to provide appropriate payee bank account information

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may delay payment of amounts otherwi; nroperly due.

4 (End o' "'1use)

I.5 CLAUSES INCORPORATED BY REFERPC:

(FAR_52.252-2) (JUN 1988)'

This contract incorporates one or more clautes by reference, with the same force and-effect as if they were given in full text. Upon request', the Contracting.0fficer will make their' full text-available.

(EndofClause)

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL I.6 i>

' TRANSACTIONS--(FAR 52.203-12) (JAN 1990)

)

(a) Definitions.

" Agency", as used in th'is clause, means executive agency as

' defined in 2.101.

" Covered Federal action," as used in this clause, means any of the following Federal actions:

p, (a) The awarding of any Federal contrrct.

(b) The making of_any Federal grant.

(c) The making of any Federal loan.

(d).The entering into of any cooperative agreement.

(e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative

-agreement.

" Indian tribe" and " tribal organization," as used in this a

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NRC-04-90-054-02' Section-I i

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clause, have the meaning provided in section4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.1 450B) ar.d include Alaskan Natives.

-" Influencing.or attempting to influence,".as used in this clause, means making, with the intent to influence, any communication to or appearance before an' officer or employee of any; agency, a Member of Congress, an officer ~ or employee of Congress, or an employee of a Member of Congress.-in connection with any covered Federal action.

" Local government," as used in this clause, means a unit of i

government in a State and, if chartered,' established, or otherwise recognized by-a State for the performance of a governmental duty, including a local public authority, a special district,- an

-intrastete district, a council. of governments,'a sponsor group.

f representative organization, and any other instrumeatality of a local government.

" Officer or employee of an agency," as'used in this clause, includes the following individuals who are employed by an agency:

j (a) -An individual who is appointed to a position in the Government under_ title 5, United States Code,. including a position under a temporary appointment.

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(b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

4 (c) A special Government employee, as defined in section 202, 1

title 18, United States Code.

a (d) An' individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act,' title 5, United States Code, appendix 2.

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" Person," as used in' this clause, means an individual, h

corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such' W

entity is operated for profit, or not for profit. This term l.

excludes an Indian tribe, tribal organization, or any other Indian organization with respect to-exp,enditures specifically permitted

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by other Federal law.

" Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for i

3 such officer.or-employee for work that is not furnished to, not funded by, or not furnished in cooperation wi,th the Federal c

. Government.

" Reasonable payment," as used in this clause, means, with respect to' professional and other technical services, a payment in an amount:that is consistent with the amount normally paid for such services in the private sector,

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'NRC-04-90-054 Sect 1on I J~

" Recipient," as used in this clause, includes the Contractor A

and~all. subcontractors.

This term excludes an Indian tribe, y

tribal organization, or any other Indian organization with respect sP to expenditures specifically permitted by other Federal law.

Regularly employed," as used in this clause, means, with' respectLto.an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is d

employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates' agency consideration of such person for receipt =of such contract. ' An: officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date:of'the submission that. initiates agency consideration of such person shall be considered to be regularly employed as soon as he or.she is employed by such person for 130 working days.

_ " State," as used in this clause, means a State of the United 4

States,.the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality'of a State, and a multi-State, regional, or interstate entity having governmental duties and. powers.

(b_) Prohibitions.

(1).Section.1352 of title 31, United States Code, among other things,. prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an: officer or.

L employee of any agency, a Member of Congress,=an officer or employee of Congress, er an employee of a Member of Congress in-connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the m'aking of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

- (2) The.Act also requires Contractors to furnish a disclosure if.any funds.other than Federa1' appropriated funds (including profit or fee received under a covered Federal-transaction) have been paid, 'or will.be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a

-Member of Congress, an officer or employee of Congress, or-an employee of a Member of Congress in connection with a Federal contract, grant ~, loan, or cooperative agreement.

r (3) The prohibitions of the Act do not anply under the

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oi^! :onditions:

i) ". icy and legislative liaison by own employees.

(A) The prohibition on the use of appropriatec' fumds, in paragraph (b)(1) of this clause, does not apply in the ca w of a payment of reasonable compensation made to an officrer cc u ployee r y W%

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'NRC-04-90-054-02 Section I-W:

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of. a person requesting or receiving a covered Federal action if the~ payment'is for agency and legislative liaison activities /not directly related to a: covered Federal' action.

(B) For purposes of subdivision (b)(3)(1)(A) of this 1

(clause, providing any information specifically requested by_an egency or Congress is permitted at any time,

(C) The following' agency and legislative liaison activities.'are' permitted at any time where they -are not related to a specifir.' solicitation for any covered. Federal action:

(1) Discussing with an agency the qualities and

' characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

.(2) Technical discussions and other activities regarding the application'or adaptation of the person's products or services for an agency's use.

(D) The:following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action--

(1).Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2)1 Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L.95-507, and subsequent amendments.

(E) Only those octivities expressly authorized by subdivision (b)(3)(1)(A) of this clause are permitted under this clause.

(ii) Professional and te.-ical services.

(A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of--

(1) A payment of reasonable compensatior, made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation,, renewal, amendment, or modification of a covered Federal. action, if payment is for professional or technical services rendered direct 1/'in the

. preparation, submission, or negotiation of any bid, proposal, or U

application for that-Federal action or for meeting requirements x'

impcsed by or pursuant to law as a condition for receiving that Federal action.-

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(2)';Any reasonable payment to'a person other than l

an officer or employee _of a person requesting or receiving a-covered Federal action or an" extension, continuation, renewal, amendment, or modification of a covered Federal action if.the-payment-is.for. professional or technical services rendered

-directlyLin the_ preparation, submission, or negotiation of any

~ bid,. proposal, or. application for that Federal action or.for

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' meeting. requirements imposed by or pursuant to-law as a condition for. receiving that Federa13 action.

Persons other than officers or

~ employees'of,a person requesting or receiving a covered Federal

-action include consultants and trade associations.

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(B) For purposes of subdivision (b)(3)(ii)(A) of this clause, " professional and technical services" shall be limited to advice and' analysis directly1 applying any-professional or i

technical! discipline.

For example, drafting of a legal document i

accompanying.a bid or proposal by a lawyer is allowable.

s Similarly, technical advice provided by an engineer on the performance or operational. capability of'a piece of equipment r

rendered dire tly in the negotiation of a contract is allowable.

-However, communications with the intent to influence made by a r

professional-(such as aLlicensed. lawyer) or a technical person (such.as o _ licensed accountant) are not allowable-under this section'unless they provide advice and anal a is directly applying their professional or technical expertise and unless the advice or analysis..is rendered directly and solely in the preparation, a

submission-or negotiation of a covered Federal action.

Thus, for example, communications with the intent:to influence made by a 1

lawyer.that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal,-but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.

Similarly, communications with the

, intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical-services but not'directly in the-preparation,. submission or negotiation of a covered Federal actien.

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(C) Requirements' imposed by or pursuant to law as a

. condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(D) Only those services expressly authorized by subdivisions (b)(3)(11)(A)(1) and (2) of this clause are permitted

^

under this clause.-

-(E) The reporting requirements of FAR 3.803(a) shall not

-apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(iii) Disclosure.

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NRC-04-90-054-02t Sec.ti on. I E

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lx (A) jThe Contractor who requests or receives from an:

agency a Federal Contract shall. file with that' agency a disclosure l.

5 form..OMB standard' form LLL, Disclosure of Lobbying Activities, if such person has made.or.has; agreed to make any payment using nonappropriated funds'(to include profits from any covered Federal action), which would be' prohibited under subparagraph (b)(1) of L,

.this clause, if paid for with appropriated funds.

V'i (B)_- The Contractor shall file-a disclosure form at the end of each calendar quarter in-which there occurs any event that-materially affects the accuracy of_the information contained in any disclosure form previously filed by such person under subparagraph-(c)(1) of this clause. An event that materially affects_the accuracy of the information reported includes--

-(1) A cumulative increase of $25,000 or more in the l

amount paid or expected to be' paid for influencing or attempting a

L to influence a covered Federal action; or y

y

'(2).A-change in the person (s) or individual (s)-

influencing or attempting to influence a. covered Federal action; or j

(3) A change in the officer (s), employee (s), or Member (s).-contacted to influence or attempt-to influence a covered Federal action.

.(C)1-The Contractor shall require the' submittal of a certification, and if required, a disclosure form by any person Lwho requests or received.any subcontract exceeding $100,000 under the. Federal contract, i

~ (D) All subcontractor disclosure forms (butiot-4 certification) shall be forwarded from tier to tier until received

, by the prime Contractor.

The prime-Contractor shall submit all disclosures to'the Contracting Officer at the end of the calendar

-1

_ quarter in.which'the disclosure form is submitted by the

' subcontractor. -Each subcontractor certification shall be retained i

i in the subcontract file of the awarding Contractor.

d (iv): Agreement.

The Contractor agrees not to make any payment prohibited by this clause.

(v) Penalties.

1 (A) Any person who makes an expenditure prohibited under paragraph'(a)-of this clause or who fails to file or amend' the

.j disclosure form to_be. filed or amended by paragraph (b) of this 1

clause shall be subject to civil penalties as provided for by 31

-U.S.C. 1352.

An imposition of a civil penaltf does not prevent 1

4 the Government from seeking any other remedy that may be applicable.

(B) Contractors may rely without liability on the j

representation.made by their subcontractors in the certific.ation

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and disclosure formi.

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.. (vi),cCost allowability. Nothing in-this clause makes.

o, allowable or reasonable'any costs which wo'uld otherwise be-unallowable or: unreasonable.: Conversely, costs made specifically

unallowable by the requirements in this clause willinet be made-i n

n allowhble'under.any other provision.

7 (End of clause)'.

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'NRC-04-90-054-02

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PART III - LIST OF DOCUMENTS-EXHIBITSJ u:

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.AND OTHER~ ATTACHMENTS x,.

.j SECTICNJ-(ISTOFATTACHMENTS' s

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J.1 ' ATTACHMENTS.'(MAR 1987)

.x.

Attachment ~ Number

- Title s

1 Billing Instructions 2'

NRC Contractor Organizational Conflicts of

3 Interest (41 CFR Part 20)-

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3 NRCl Manual Chapter 3202 4

NRC. Manual Chapter 3206

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