ML20055C590
| ML20055C590 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1990 |
| From: | Mace M, Moore K NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20055C589 | List: |
| References | |
| CON-FIN-L-1321, CON-NRC-90-054-01, CON-NRC-90-54-1 NUDOCS 9005250145 | |
| Download: ML20055C590 (34) | |
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j AWARD / CONTRACT s-~
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Page 1-
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING
)
-2.
CONTRACT NO..
l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE I
(Proc.' Inst. Ident.) No.l l
REQUEST / PROJECT NO.
NRC-04-90-054-01 l
APR 0 61990 l
RES-90-054
)
- 5. ISSUED BY Codt l6 ADMINIST RED BY Code:
l (If other than Item 5)
~
U.S. Nuclear Regulatory Commission l Contract Administration Branch l
Div.,of Contracts & Property Mgmt.
l Div. of Contracts & Property Mgmt.
Contract Neg. Branch No. 2; P-1042 l Mail Stop P-902 l
Washington, DC 20555 l Washington, DC 20555 i
CONTACI - Donna M. Umbel l
l PHONE-(301)492-4281 l
l i
i
- 7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY I
Science Applications Int'l. Corp.
l
()
FOB ORIGIN 10260 Campus Point Drive l
(X)
OTHER (See below) Block.11 San Diego, CA 92121 l
c/o 101 Convention Center Drive l 9. DISCOUNT FOR PROMPT PAYMENT Las Vegas, NV 89109 l
N/A Duns Code:
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Facility Code:
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- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS d
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 Attn:
Dr. Monideep K. Dey, NL/S-167 l Division of Accounting and Finance Washington, D.C. 20555 l
GOV /COM Accounting Section l
Washington, DC 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
(-) 10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c) ( )
l i
- 14. ACCOUNTING AND APPROPRIATION DATA B&R No. 0601925020 FIN No. L13230 l
APPN. No. 31X0200.600 AMT. OBLIGATED: $227,681.00 15A. ITEM 15B. SUPPLIES /
15C. QUANTITY 150. UNIT ISE. UNIT 15F. AMOUNT NO.
SERVICES PRICE 4
Provide services to perform research in accordance with SAIC's Technical Proposal dated October 24, 1989, as amended March 14, 1990 and March 27, 1990 which are incorporated herein by reference, and the schedule as revised and mutually agreed upon on March 27, 1990 which ts made a part of this Contract.
15G. TOTAL AMOUNT OF CONTRACT
$227,681.00 EXCEPTION TO STANDAR0 FORM SF26 (REV.4-85)
Prescribed by GSA 9005250145 900406 FAR(48 CFR) 53.214(a)
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AWARD / CONTRACT' Page 2 j
- 16.. TABLE OF CONTENTS X-SEC
-DESCRIPTION PAGE(S)
PART I - THE SCHEDULE 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 CONTRACT REQUIREMENTS l
PART II - CONTRACT CLAUSES 1
CONTRACT CLAUSES PART III - LIST 0F DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS
'K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFERORS j
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALUATION FACTORS FOR AWARD 1
a CONTRACTING.0FFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.
(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign i
this document and return 3 copies to issuing office.) Contractor-agrees to
.i' furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration 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 j
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 a
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 (T
l Kay W.ype or print)
Moore l
Mary H. Mace Sr. Contract Representative 198. NAME F CONTRACT R SAIC l 208. UNITED STATES OF AMERICA
- A!d/U
[8h by MA-/
b by (Signa)urfofpersonauthorizedtosign)'
(Signatteo[ Contract [ngOfficer) 19C. DATE SIGNED
-l 20C. DATE SIGNED. / /
April 3. 1990 l
/ 8/ M6
/
EXCEPTION TO STANDARD FORM 26 (REV.4-85)
,ys TABLE'0F CONTENTS PAGE
' AWARD / CONTRACT...........................
1-v TABLE OF CONTENTS..........................
3 PART I - THE SCHEDULE........................ i SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS...........
5 B.1 PROJECT TITLE............ -,..........
5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
5 B.3 CONSIDERATION AND OBLIGATION--COST.PLUS FIXED FEE.....
5 (JUNE 1988)
SECTION C - DESCRIPTION / SPECIFICATION................
6
/ WORK STATEMENT
-C.1 ST ATEMENT OF WORK. -
6 C.2 TRAVEL APPROVALS (MAR 1987)................
6 SECTION D - PACKAGING AND MARKING......,...........
7 D.1 PACKAGING AND MARKING (MAR 1987)..............
7 l
SECTICN E - INSPECTION AND ACCEPTANCE................
8 E.1-NOTICE LISTING CONTRACT CLAUSES' INCORPORATED BY REFERENCE',
8 j
SECTION-F - DELIVERIES OR PERFORMANCE................
9 l
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,
9 l
F.2 PREPARATION OF TECHNICAL REPORTS (JUNE 1988)........
9 F.3 FINANC.'AL STATUS REPORT (JUNE 1988)............
9 (OMB CLEARANCE NUMBER 3150-0112)
F.4 PLACE OF DELIVERY--REPORTS (JUNE 1988)...........
10 F.5 -
DURATION OF CONTRACT PERIOD (MAR 1987)...........
10 F.6 DELIVERABLES / MEETINGS...................
10 SECTION G - CONTRACT ADMINISTRATION DATA..............
12 l
G.1 INDIRECT COST RATES (JUNE 1988)...
12 l_
G.2 PROJECT OFFICER AUTHORITY (JUNE 1988)...........
12 L
G.3 TRAVEL. REIMBURSEMENT (JUNE 1988)..............
14 i
G.4 REMITTANCE ADDRESS (MAR 1987).......,.......
15 SECTION H - SPECIAL CONTRACT REQUIREMENTS..............
16 i
H.1-KEY PERSONNEL (MAR 1987) 16 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
17 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988) 17 H4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST 17 H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE1PROVIDED..
19 (JUNE 1988)
H.6 DISSEMINATION OF CONTRACT INFORMATION (FEB 1990)......
19
-PART II - CONTRACT CLAUSES.........
20 CONTRACT CLAUSES...................
20 SECTION I I.1' NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
20 1.2 PAYMENT FOR OVERTIME PREMIUMS...............
21 (FAR 52.222-2) (APR 1984) 1.3 DRUG-FREE WORKPLACE (FAR 52.223-6).............
22 (MAR 1989)
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?,IC TABLE-OF CONTENTS-'
PAGE Ws;-
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'I.4 PROMPT. PAYMENT-(FAR 52.'232-25)-(APR 1989)......'..
o.-
24 E'
'I.5, ELECTRONIC: FUNDS. TRANSFER PAYMENT METHODS (FAR 52.232-28)'.29-4 (APR'1989).
1.6~
CLAUSES INCORPORATED BY REFERENCE.............
-30 o
-(FAR 52.252-2)- (JUN.1988)
I.7
' LIMITATION ON PAYMENTS,TO INFLUENCE CERTAIN FEDERAL,,..
30 TRANSACTIONS--(FAR 52.203-12).(JAN1990)
PART III - LIST 0F DOCUMENTS, EXHIBITS................
37 1
AND OTHER ATTACHMENTS.
SECTION ~J -~ LIST OF ATTACHMENTS...................
37-r
- J.1
. ATTACHMENTS (MAR 1987).................... i a
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~ oA Page 5 Section B NRC-04-90-054-01'
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y PART I - THE SCHEDULE Jl SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS j
B.1 PROJECT TITLE The title of this project is as follows:
Research and Development on Issues Related to Improving the Effectiveness of Maintenance Programs at Nuclear Power Plants.
j 1
(End of Clause)
B.2 BRIEF DESCRIPTION'0F WORK (MAR 1987) j I
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 OBLIGATION--COST PLUS FIXED FEE l
(JUNE-1988) l a.
The total estimated cost to the Government for full performance of this contract is $227,681.00, of which the sum of
$210,461.00 represents the estimated reimbursable costs, and of.
l which $17,220.00 represents the fixed fee.
4 b.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason-of differences between any estimate j
of cost for performance of the work under this contract and the i
actual! cost for performance of that work.
c.
The amount obligated by the Government with respect to l
this contract is $227,681.00.
i (End of Clause) i
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_Page 6-NRC-04-90-054 Section C m
SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK The Contractor shall_ perform research in accordance-with the Technical Proposal entitled, "Research and
- Development on Issues Relatea to Improving Effectiveness of Maintenance Programs ac Nuclear Power Plants" dated October 24, 1989, as amended March 14,-1990 and March 27, 1990, which are hereby incorporated by reference and made a part of_this Contract.
(End of Clause)
C.2 TRAVEL-APPROVALS (MAR 1987) a.
All domestic travel requires the prior approval ef the.
~ Project Officer, b.
All foreign travel must be approved in advance by the NRC on NRC Form 445 and shall be in compliance with 52.247-63 Preference For U.S. Flag Air Carriers
~ Such approval will be communicated in
- writing through the Contracting Officer.
(End of Clause)
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NRC-04-90-054-01 Section D 1.-
SECTION D - PACKAGING AND MARKING.
)
D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment 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 j
to the mode of transportation.
On the front of-the package, the i
Contractor shall clearly identify the~ contract number ~under which' the product is being provided.
1 (End of Clause)
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.Page~8 NRC-04-90-054-01 Section E
- si.
J11
~SECTION E - INSPECTION AND ACCEPTANCE a
(
E.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 52.246-5 APR-1984 INSPECTION OF SERVICES--
COST-REIMBURSEMENT t
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NRC-04-90-054-01 Section F x q,.
SECTION F - DELIVERIES OR PERFORMANCE -
F.1 NOTICE LISTING CONTR^CT 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 52.212-13 AVG 1989 STOP-WORK ORDER ALTERNATE I (APR 1984)
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 accordance with the attached NRC Manual Chapter 3202.
NRC Manual Chapter 3202 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).
(End of Clause)
F.3-FINANCIAL STATUS REPORT (JUNE 1988)
(OMB CLEARANCE NUMBER 3150-0112)
The Contractor shall' provide a monthly Financial Status Report to the Project Officer and the' Contracting Officer. The report is due within 15 calendar days after the end of the report period and shall identify the title.of the project, the: contract number, project manager and/or' principal investigator, the contract period of performance, and the period covered by the report.
Each report shall include the following for each discrete task:
a.
Provide total estimated cost (value) of the project as reflected in the contract, the amount of funds available in the contract to date, and the balance of funds required to complete the work as follows:
- 1) Total Estimated Contract Amount.
- 2) Tot'al Funds Obligated To Date,
- 3) -Total-Costs Incurred This Reporting Period.
- 4) Total Costs Incurred To Date.
- 5) Balance of Obligations Remaining.
- 6) Balance of Funds Required To Complete Contract.
b.
Detail of all direct and indirect costs incurred during
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/NRC-04-90-054 Section F.
3, the reporting-period for eachitask, c.
Update the approved Contractor Spending Plan (CSP) if required under this contract.
If there have'been no changes to the projections, a certification to that effect may be'provided with the-Financial Status Report in lieu of the CSP.
(End.ofClause)
F.4, PLACE OF DELIVERY--REPORTS (JUNE 1988)
The-items to be-furnished hereunder shall be delivered, with all charge's paid by the Contractor, to:
a.
Project Officer (3 copies)
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research.
Division of Regulatory Applications Mail Stop NL/S-169 Washington, 0.C.
20555 b.
Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-04-90-054-01
. Division of Contracts and Property Management Contract Administration Branch Washington, D.C.
20555 (End of Clause)
F.5 - DURATION OF CONTRACT _ PERIOD (MAR 1987)
This contract shall commence on the effect've date of the contract and will expire fifteen months after the effective date.
(End of Clause)
F.6 DELIVERABLES / MEETINGS F.5.1 MILESTONE DATE a.
Dresent Detailed Work Plan Apr 1990 c.
Present Progress Report May 1990 c.
Present Progress Report Jun 1990 d.
Deliver Interim Technical Report Jun 29, 1990 e.
Presentation of Interim Technical Reports Jul 1990 f.
Participate in Public Workshop Sep 5/6, 1990**
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'NRC-04-90-054-01 Section.F g.
Present Progress Report Sep 1990
- h.. Deliver Oraft Final Technical Report Sep 28, 1990 i
1.
Present Draf t Final Report Oct 1990 i
j Participate in ACRS Subcommittee Meeting Nov 1990 g
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Participate in ACRS Full Committee Meeting Dec 1990 1.
Deliver Final Report Dec 31, 1990--
m.
Attend Commission Briefing May 1991 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 ereas covered by the contract b.
- Recommendations for requirements to be included in the Maintenance Standard, c.
- Alternat'e methods for implemeni.ing the recommended requirements of the Maintenance Standard, di Examples of plant-specific applications of the proposed methods to demonstrate the applicability and effectiveness of the approach (es).
- All conclusions or recommendations should be supported with a rationale or basis' statement including appropriate citations to i
relevant studies or technical references in' support of the rationale.
- Subject to availability of facility.
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'I Page 12' NRC-04-90-054-01 Section G-y
,1 SECTION G - CONTRACT ADMINISTRATION DATA e
t G.1 INDIRECT COST RATES (JUNE 1988)
'[
a.
Pending the establishment of final indirect rates which
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shall be negotiated based on audit of actual costs, the Contractor
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shall be reimbursed for allowable indirect costs as follows:
f CATEGORY RATE (%)
COST BASE APPLICABLE BASE Overhead 83.6%
TDL*
02/01/90~01/31/91 Fringe 39.5%
TDL*
02/01/90-01/31/91 G&A 10.0%
Tot Costs 02/01/90-01/31/91
- Total Direct Labor b.
The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor.
It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation of Cost or 52.232-22
. Limitation of Funds,
as applicable, if such change (s) affect (s) performance of work s
within the established cost or funding limitations.
(EndofClause)
G.2 PROJECT OFFICER AUTHORITY (JUNE 1988) a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Dr. Monideep K. Dey Address U.S. Nuclear Regulatory Commission Office of Neclear Regulatory Research Mail Stop NL/S-167 Washingten, D.C.
20555 Telephone Number: (301) 492-3730 b.
Performance of the work under this contract shall be subject to the technical direction of the NRC' Project Officer. 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, fills in details or otherwise serves to accomplish the contractual statement of work.
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.NRC-04-90-054-01 Section G 1
2).
Provide advice and guidance to the Contractor in the preparation of drawings,-specifications or technical portions;of the 1
work description.
1 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.
c.
Technical direction must be within the general statement 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 assignmert of additional work outside the general scope of the contract.
- 2) Constitutes a change as defined in the " Changes" clause of this contract.
- 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 centract performance.
- 4) Changes any of the expressed terms, conditions or specifications of the contract.
- 5) Terminates the contract, settles any claim or dispute
. arising under the contract, or issues any unilateral directive
- whatever, d.
All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days af ter verbal issuance.
A copy of said written direction shall be furnished to the Contracting Officer, e.
The Contractor shall proceed promptly with the performance of technical directions duly issued by the Projset Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause, j
f.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Of ficer is within one of the categories as def.into in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) i working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract i
audification 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.
c g.
Any unauthorized commitment or direction issued by the e
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Page 14 NRC-04-90-054-01 Section G w.
l Project Officer may result in.an unnecessary delay in the Contractor's performance and may even result in the Contractor j
expending funds for unallowable costs under the contract.
.h.
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 52.233 Disputes.
1.
In addition to providing technical direction as defined.
above, the. Project Officer is responsible for:
c1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.
- 2) Assisting the Contractor in the resolution of technical problems encountered'during performance.
- 3) Reviewing all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and j
services required under this contract.
(End of Clause)
G.3 TRAVELREIMBURSEMENT(JUNE 1988) a.
Total expenditure for domestic travel shall not exceed
$18,000.00 without the prior approval of the Contracting Officer.
b.
The Contractor-is encouraged to use Government contract airlines, AMTRAK. rail service, and discount hotel / motel properties j
in order to reduce the cost of travel under this contract.
The Contracting Officer will, upon request, provide each additional traveler with a-letter of identification which is required in order i
to participate in this program.
The Federal Travel Directory (FTD) identifies carriers, contract fares, stbda:a;, payment conditions, and. hotel / motel properties which offer theh services and rates to Government contractor personnel traveling on official business under this contract.
The FTD, which is issued. monthly, may be purchased from the U.S. Government Printing Office, Washington, DC 20402.
I c.
The Contractor will be reimbursed for reasonable domestic travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are-determined by the Federal Travel Regulations that are in effect on l
the date of the trip. These Regulations specify the daily maximum per diem rates for specific localities within the. Conterminous United States (CONUS), the standard CONUS rate, the allowance for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require receipts. A copy of the Regulations may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.
d.
When the Government changes the Federal Travel N euiu-m-ummiu i
a.-...
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_NRC-04-90-054-01 Section G 4=
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Regulations, it is the responsibility of the Contractor to notify the Contracting Officer.in accordance with the Limitation of Cost.
' clause of this contract if the Contractor will be unable to make all.
i of the approved trips-and remain within the cost and fee limitations of this contract due to the changes.-
e.
The rates for foreign travel are established by the U.S.
Department of State and are listed in a publication entitled
" Maximum Travel Per Diem Allowances For Foreign Areas".- Copies of
. this publication may be obtained from the U.S. Government Printing Office,-Washington, D.C.
20402.
(End of Clause)
G.4 REMITTANCE ADDRESS (MAR 1987) j If item 150, of the Standard Form 33 has been checked, enter i
the remittance address below.
Name: Science Applications Int'1 Corp.
Address:
P.O. Box 64115 Baltimore, MD 21264 i
(End of Clause) 1 I
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NRC-04-90-054-01 Section H Page 16~
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SECTION H - SPECIAL CONTRACT REQUIREMENTS r
.H.1 KEY PERSONNEL (MAR 1987) a.
The following individuals are considered to be essential to the successful performance of the work hereunder.
Mr. Ernest V. Lofgren, Principal Investigator Mr..Landon Phillips, Consultant Dr.
Rohini K. Mattu, SAIC Mr. Kenneth Sydow, AmSEC 5
Mr. John Wreathall, SAIC The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof.
b.
If one or more of the key personnel for whatever reason becomes, or is. expected to become, unavailable for work under this centract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than H
-indicated in the proposal or initially anticipated, the Contractor
-1 shall-immediately notify the Contracting 0fficer and shall, subject to the concurrence of the Contracting Officer, promptly replace such 1
i
' personnel with personnel of at'least substantially equal ability and j
qualifications.
1 c.
All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the i
circumstances necessitating the proposed substitutions.
They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution.
The Contracting Officer will 1
evaluate such requests and promptly notify the Contractor of his/her 1
approval ~ or disapproval thereof in writing.
s i
d.
If the Contracting Officer determines that:
l
- 1) Suitable and timely replacement of key personnel who
.have been reassigned, terminated or have otherwise become unavailable for the 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 be terininated by the Contracting.0fficer 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 fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
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-NRC-04-90-054-01 Section H g;,--
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i Hs2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)
The. Contractor shall take all reasonable precautions in the performance of the work-under this contract to protect the health
.j 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 event that the Contractor fails to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereaf ter, a start order for resumption of work may be-issued at the discretion of the Contracting Officer.
The Contractor i
shall make no claim 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 i
performance of this contract shall be used only in connection with the work under this contract.
(End of Clause)
-H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (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 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) Scopo.
The restrictions described apply to performance or participation by the contractor as defined in 41 CFR S20-1.5402(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 for_ ego entering-into consulting or other contractual arrangements with any firm or organization, the result of which i
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 provision of this clause.
If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other
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Page'28
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Section H.
NRC-04-90-054-01 it f' '
contractual arrangement with any firm or organization may involve l;
a potentia 1' conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of q
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 $20-1.5402(a).
(2) The contractor agrees that, if'after award, it discovers organizational conflicts of interest with respect to this contract, it-shall'make an 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 7
termination is in the best interest of the Government.
J (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 (1) Use this information for any private purpose 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 3
information to the public, whichever is first; '
(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 prio approval by the contracting officer unless the ( written j
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, q
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.
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Page 19-M NRC-04-90-054-01' Section H r
(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 purposes provided that all requirements of this contract have q.
been met.
(f) Subcontracts.
Except as provided in 41 CFR
$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.
3
~
i (h) ' 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 directed in writing through the contracting officer to the
. Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR 920-1.5411.
(End of Clause) l H.S. GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988)
The Government will not provide any equipment / property under this-contract.
(End of Clause)
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 y
refereed scientific and engineering journals.
Such publication should-focus-1 on advances in science and technology and minimize conclusions and/or recommendations which may have regulatory implications.
The Contracting Officer will make the final determination whether the publication of research results is within the scope of work under this contract and therefore an allowable cost.
The Contracting Officer will notify the-j contractor of the deci.sion in writing.
The contractor shall not incur costs associated with such publication until after receipt by the contractor of notification that publication should be pursued. 'If the decision is made to publish, the contractor shall actively pursue the publication in'accordance J
with the 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 i
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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-Page~20 g,
'NRC-04-90-054 -Section I js PART II - CONTRACT CLAUSES CONTRACT CLAUSES-SECTION I q
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:
l-FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
]
l-NUMBER DATE TITLE l
l 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES i
1 52.203-5.APR 1984 COVENANT AGAINST CONTINGENT FEES l
52.203-6 JUL 1985 ' RESTRICTIONS-0N SUBCONTRACTOR SALES TO THE GOVERNMENT l
52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES.
j
'52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S l
INTEREST WHEN SUBCONTRACTING j
l..
WITH CONTRACTORS DEBARRED, H
SUSPENDED, OR PROPOSED FOR I-DEBARMENT L
'52.215-1 APR 1984 EXAMINATION OF RECORDS.
l BY COMPTROLLER GENERAL 52.215-2 DEC 1989 AUDIT -- NEGOTIATION
')
52-215-22 APR 1988 PRICE REDUCTION FOR DEFECTIVE l
COST-OR PRICING DATA L
L 52,215-24 APR 1985 SUBCONTRACTOR COST OR PRICING L
'r DATA 1
52.215-33 JAN 1986 ORDER OF PRECEDENCE o
L 52.216-7 APR 1984' ALLOWABLE COST AND. PAYMENT i
52.216-8 APR 1984 FIXED FEE 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG'1986 UTILIZATION OF' WOMEN-1 L
OWNED SMALL BUSINESSES l
52.220-3 APR 1984 UTILIZATION OF' LABOR i
SURPLUS AREA' CONCERNS 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 l
52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL l
a h
F Page~21-h=
NRC-04-90-054-01 Seetion I-DISABLED AND VIETNAM ERA VETERANS 52.222-36~ APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL.
DISABLED VETERANS AND VETERANS 0F THE VIETNAM ERA 52.223-2' APR 1984~ CLEAN AIR AND WATER F
-.52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING e
PATENT AND COPYRIGHT-INFRINGEMENT 52.228-7 APR 1984 INSURANCE -- LIABILITY TO THIRD PERSONS u.
52.230-3 SEP 1987 COST ACCOUNTING STANDARDS 52.230-4 SEP 1987 ADMINISTRATION OF COST ACCOUNTING. STANDARDS 52.232-9 APR 1984 LIMITATION ON WITHHOLDING
'0F PAYMENTS 52.232-17 APR 1984-INTEREST i
52.232-20 APR.1984 LIMITATION OF COST 52.232-23 JAN 1986 ASSIGNMENT _0F CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I (APR 1984) 52.233-3 AUG 1989 PROTEST AFTER AWARD c
ALTERNATE I (JUN 1985) 52.242-1 APR 1984 NOTICE OF. INTENT TO DISALLOW COSTS 52.243-2 AUG 1987 CHANGES -- COST-REIMBURSEMENT ALTERNATE I (APR 1984).
52.244-2 JUL 1985 SUBCONTRACTS (C0ST-REIMBURSEMENT AND LETTER CONTRACTS) 52.244-5' APR 1984 COMPETITION IN SUBCONTRACTING 52.245-5 JAN 1986 GOVERNMENT PROPERTY-(C0ST-REIM-BURSEMENT, TIME-AND-MATERIAL, l:
,0R LABOR-HOUR CONTRACTS) l
~
52.249-6 MAY 1986 TERMINATION (COST-REIMBURSEMENT) 52.249-14 APR 1984 EXCUSABLE DELAYS-52.246-25 APR 1984 LIMITATION OF LIABILITY - SERVICES I.2 PAYMENT FOR OVERTIME PREMIUMS (FAR52.222-2)(APR1984) l:
/
(a) The use of overtime is authorized under.this contract if the l,
overtime premium cost does not exceed $0.
In addition to this dollar ceiling, overtime is permitted only for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production-equipment, or occasional production bottlenecks of a sporadic
_ nature-(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, L
maintenance, standby plant protection, operation of utilities, or l-accounting;
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NRC-04-90-054-01:
Section I n
(3) To perform tests, industrio Jesses, laboratory procedures, loading or unloadini e' tNnsportation conveyances, and t
operations in flight or afloat thei cre f Inuous in nature and cannot reasonably be interrupted or enfer i.d otherwise; or 1
L (4) That will result in low e ow n11 costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above-shall include all estimated overtime for contract completion and shall--
-(1) Identify the work unit; e.g... department or section in which the ' requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; 1
(2) Demonstrate the effect that denial of the request will have on the contract delivery _or performance schedule; (3)' Identify the extent to which approval of overtime would affect =the performance or payments in connection with other Government contracts,'together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional-personnel.
(End of Clause)
-I. 3 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.
" Conviction" means a finding of guilt (including a plea of nolo contendere) or-imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
" Criminal drug' statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled' substance.
" Drug-free workplace" means a site for the performance of work done in connection with a specific contract a,t 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.
L
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i
Page~23 NRC-04-90-054-01 Section I
" 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-(i)
The dangers of drug abuse in the workplace; i
(ii) The contractor's policy of maintaining a drug-free.
i workplace; (iii) Any available drug counseling, rehabilitation, and
- employee assistance programs; and
)
(iv) The penalties that may be imposed upon employees for l
drug abuse vinlations occurring in the workplace, j
l (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in the statement required by i
subparagraph (b)(1) of this clause, that as a condition of continued
.j employment on this contract, the employee will-1 l
(i) Abide by the terms of the statement; and l
l (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
~l five (5) days'after such conviction, j
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)(ii) of this clause of a conviction, impose-the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace:
(i) Taking appropriate personnel actt'on against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such l
purposes by a Federal, State, or local health, law enforcement, or L
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Page 24 NRC-04-90-054-01 Section I other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.
]
1, (End of Clause) 1.4 PROMPT PAYMENT (FAR 52.232-25)(APR1989)
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
" foreign vendor" means an incorporated concern not incorporated in the United States, or unincorporated concern having its principal place of business outside the United States, p
(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 deliveries that have been accepted by the Government and final cost 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 designated payment office shall be the later of the following two events:
(i) The 30th day after the designated billing office has received a proper invoice from the Contractor.
(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor.
On a final
[ [,'
Page 25 s
NRC-04-90-054-01 Section I invoice where the payment amount is subject to contract settlement a
actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
However, if the i
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 i
over quantity, quality, or Contractor compliance with contract requirements.
(3)Theduedateoncontractsformeatandmeatfoodproducts, i
contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food products, as defined 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.
(ii) The due date for perishable agricultural 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.
(iii) The cue date for dairy products, as defined in Section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C 4502(e)), edible fats or oils, will be as close as possible to, but not later than, the 10th day af ter the date on which a proper invoice has been received.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the designated ~ billing office specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(i) through (a)(4)(viii)_of the clause.
If the invoice does not comply with these requirements, then.the contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils).
Untimely notification will be-taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.
1 (1) Name and address of the Contractor.
I i
(11) Invoice date, I
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I
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- Page 26
[,
NRC-04-90-054-01 Section I i
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(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 bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(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 requireecents of the contract (such as evidence of shipment).
(5) An interest penalty shall be paid automatically by W Government, without request from the Contractor, if paymeni 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.
An interest penalty shall not be paid on contracts warded to foreign vendors outside the United States for work performed outside the United States.
(i) A proper invoice was received by the designated billing office.
(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.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(6) The interest penalty shall be at the rate estabitsbed by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority.
This rate is referred to as the
" Renegotiation Board Interest Rate," and it i's published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount 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, interest accrued at the end of any 30-day period
=
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Page 27 NRC-04-90-054-01 Section I
)
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 centractor of a defective invoice within the periods prescribed in subparagraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period.
Any interest penalty owed the Contractor will be based on this adjusted due date.
i Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested b) the Contractor.
(1) For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day after the contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over. quantity, quality, or contractor compliance with a contract provision.
In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptante.
The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities, dairy products, edible fat or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year.
Interest penalties of less than $1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a discount for prompt payment is taken improperly.
The interest i
penalty will be calculated as described in subparagraph (a)(6) of this clause on the amount of discount taken for the period beginning 1
Page 28 y
l NRC-04-90-054-01 Section I i
s,
with the first day after the end of the discount period through the date when the Contractor is paid.
j (8) If this contract was awarded on or after October 1,1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the contractor:
j I
(i) is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after i
the date the invoice amount is paid, that the agency pay such a i
penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, " contract f 3nancing payment" I
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 clause at 52.232-16, Progress Payments, progress payments based on a t
percentage or stage of completion (32.102(e)(1)) other than those made under the clause et 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 cost type contracts.
I (2) For contracts 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 after receipt of a proper contract financing request by the designated billing office.
In the event that an audit or other review of a specific financing request is required to ensure l
compliance with the terms and conditions of the contract, the
~
designated payment office is not compelled to make payment by the due date specified.
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(4) Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) If this contract contains 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)
F Page 29 NRC-04-90-054-01 Section I c,
I.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28)
(APR 1989)
Payments under this contract will be made by the Government either l
by check or electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government.
After award, but no later than 14 days before an invoice or contract financing request is submitted, th? Contractor shall designate a financial institution for receipt of electronic funds transfer payment, and shall submit this designation to the Contracting 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.
(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 System.
(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 obtates 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:
(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying l
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 savings).
(4) If the Contractor is a new enrollee to the ACH system, a
" Payment Information Form," SF 3881, must be completed before payment can be processed.
(c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for
Page 30 NRC-04-90-054-01 Section I the receipt of any payment made using electronic funds transfer procedures, notification of such changa 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 effective.
(d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.
(e) Contractor failure to properly designate a fi-nancial institution or to provide appropriate payee bank account information may delay payment of amounts otherwise properly due.
(End of Clause)
I.6 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
(End of Clause) 1.7 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS--(FAR 52.203-12) (JAN 1990)
(a) Definitions.
" Agency", as used in this clause, means executive agency as defined in 2.101.
" Covered Federal action," as used in this clause, means any of the following Federal actions:
(a) The awarding of any Federal contract.
j (b) The making of any Federal grant.
l (c) The making of any Federal loan, j
(d) The entering into of any cooperative agreement.
(e)Theextension, continuation, renewal, amendment,or modification of ary Federal contract, grant, loan, or cooperative agreement.
" Indian tribe" and " tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 4508) and 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
r h
Page 31 NRC-04-90-054-01 Section I s.
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 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 intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality 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:
(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.
(b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.
(c) A special Government employee, as defined in section 202, title 18, United States Code.
(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.
" Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit.
This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
"Reasoneble compensation," as used in this clause, means, with r
respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee S r work that is not furnished to, not funded by, or not furnist a in cooperation with the Federal 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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" Recipient," as used in this clause, includes the Contractor and all subcontractors.- This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
" Regularly employed " as used in this clause, means, with l
respect to an officer or employee of a person requesting or i
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o NRC-04-90-054-01 Section I l*
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receiving a Federal contract, an officer or employee who is 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 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, prchibits 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 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 of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; 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 Federal appropriated funds (including i
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.
(3) The prohibitions of the Act do not apply under the following conditions:
(i) Agency and legislative liaison by own employees.
(A) The prohibition on the use of appropriated funds, in paragraph (b)(1) of this clause, does not apply in the case of a i
payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if l
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 clause, providing any information specifically requested by an agency or Congress is permitted at any time.
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Co Page 33 NRC-04-90-054-01 Section I (C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific 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 solicitat1on 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) 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 activities expressly authorized by subdivision (b)(3)(1)(A) of this clause are permitted under this clause.
(ii) Professional and technical 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 compensation 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 directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(2) Any reasonable payment to a person other than 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 L
payment.is for professional or technical services rendered l:
directly in the preparation, submission, or negotiatiun of any E
bid, proposal, or. application for that Federal action or for H
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C NRC-04-90-054-01 Section I meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
clause,"professionalandtechnicalservices{3)(ii)(A)ofthis (B) For purposes of subdivision (b)
' shall be limited to advice and analysis directly applying any professional or technical discipline.
For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or 6r.alysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and i
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 i
is providing technical servicer but not directly in the l
preparation, submission or negotiation of a covered Eederal action.
)
i (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those L
required by law or regulation and any other requirements in the actual award documents.
J (0) Only those services expressly authorized by l
subdivisions (b)(3)(ii)(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 i
l regularly employed officers or employees of a person, e
(iii) Disclosure.
(A) The Contractor who requests or receives from an l
agency a Federal Contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has mcde 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.
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Page 35 NRC-04-90-054-01 Section I o-(B) The Contractor shall file a disclosure form at the i
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)ofthisclause. An event that materially i
affects the accuracy of the information reported includes--
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the persen(s) or individual (s) influencing or attempting to influence a covered Federal action; or l
(3) A change in the officer (s), employee (s), or Member (s) contacted to influence or attempt to influence a covered Federal action.
(C) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or received any subcontract exceeding $100,000 under the Federal contract.
(D) All subcontractor disclosure forms (but not certification) shall be forwarded from tier to tier until received f
by the prime Contractor.
The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.
Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.
q (iv) Agreenient. The Contractor agrees not to make any payment prohibited by this clause.
h (v) Penalties.
(A) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure' form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(B) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure ferm.
(vi) Cost allowability. Nothing in this~ clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable.
Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
(End of Clause)
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'NRC-04-90-054-01 Section J c ; o~
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS g
J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 1
Billing ~ Instructions 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter 3202 4
NRC tianual Chapter 3206 1
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