ML20058B461

Contract: ADP Sys Support, Awarded to Sba/Technassociates, Inc

ML20058B461
Person / Time
Issue date:	06/17/1982
From:	Dennison S, Offord J NRC OFFICE OF ADMINISTRATION (ADM), TECHNASSOCIATES, INC.
To:
Shared Package
ML20058B454	List: ML20058B452 ML20058B461
References
CON-FIN-B-8804, CON-NRC-25-82-315 NUDOCS 8207260022
Download: ML20058B461 (34)

Text

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PAGE CF 5'c'5r."s/,E 'o';es/?s'1Lr'iM' AWARD / CONTRACT 1

3 8t) PROG. stG (a lCFf 6 8.te 109 p[rJ>/t2ff'a)&' #NA CyaACT (Paw. low ideos./ NO

2. tertCTivt Daft

3. afouisinON/PORCHAlf RIOUlsf/ PROJECT NO.

4. CtaflFIED FCA NAflONAL CEF(Nsf UNDit SOsA "5"

JUN 1 ? ISBP RFPA No. MPA-82-315 "1,2 ^" '

c s.855UED W CODE

4. ADuitwisitatD sf CODE l T. DELIVERT (if esher oben blak 3) tos Dists-US Smal Business Administration O NAnoN Washington District Office US Nuclear Regulatory Commission Division of Contracts 5,les,;

1111 18th Street, NW Washinoton. DC 20417 Washington, DC 20555 s CONitACTOR CODE l l

FACILITY CODE l

9. D sCOUNT FOR PtomPT PATMENT NAAAE AND ADDRESS l

Technassociates, Inc.

(serer <. a'r.

6001 Montrose Road, Suite 400

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Rockville, MD 20852

,0. sus-1 INvoiens (d cep.e, enleu essnee.-

sp,<,fe/> TO ADDatss $NQwN IN SLOCI II. SHIP TO/ MARK FOR CODE l l

12. PAYMENT WILL 8E MADE SY CODE l US Nuclear Regulatory Commission See Prime Contract Ofc cf Rcsource t'p:t, Division of Accounting Washington, DC 20555 O 'a usc 22o4 <a >

is.,xa nOCou>.eNr wA5 0 ^ov'ensio. E ~iconArio. Pu suANr 10.

[X]4 u sC. 252 i.2 5> and 15 USC 637(a)

14. ACCOUN!iNG AND APreOPesanoN DATA See Prime Contract 13.

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19, 20.

fit A4 NO.

suPrufs/stevtCZ$

Q U A NTITY UNIT UNfT PRICE AMOUNT The subcontractor's offer dated May 14, 1982 is accepted and the following are hereby incorporated into the contract:

1.

Under Article I, Statement of Work, Section G, delete the first sentence in its entirety and substitute the following in lieu thereof:

" Project Status Reports are required to be submitted to the NRC Project Officer within five (5) workirg days after the 15th and last day of each month, reflecting work accomplished, work planned, and problems encountered or expected, and the proposed resolution of any problemse 2e Under Article IV - Estimated Level of Effort and l

Ceiling Price, delete Section A, Level of Effort,

,2i.

i n-Ms-entire ty-a nd-s ubs t4 tu te-the-foH owi n9-4 n totAt wouNr or coNTuct s 200,000.00 t

l CONTRACTING OFFICER 1E'lLL COAtPLETE BLOCK 22 OR 26 AS APPLJCABLE 22.

CONTRACTOe's PetGonattD AGattalNT (Caesresser is refeired se sage 24.

AWARD (Centresser is ses refeire/ 8. sige this deceaseef.)

Yewe efeer a&is 4==mret es/ resere serier se ineieg efse ) Coahocar ese***

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i 24.' NAME AND Tmf of ssGNta (7 er pries /

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28. HAMt OF CO%t.AG,IJg@CRType er pries) 29 Daft ssGNID Scott " *

• l JAMES C. 0FF0 D ra h b,- 33 Contrgstg OMic" DIRECTOR OF COQTRp,.6617 820726002 8

24-i03 PDR CONTR e e s -- -.

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l NRC-25-82-315 PDR

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lieu thereof:

A.

Level of Effort and Rates 1.

It is estimated that the following types of personnel and amounts of effort will be required for the performance of this contract:

Category Estimated Hours Project Manager 1300 Senior Systems Analyst 2000 Systems Analyst 4000 Senior Programmer 6000 Junior Programmer 1000 Technical Writer 1000 Computer Operator 1000 Data Entry Operator 1000 2.

The following loaded hourly rates will apply for all Labor Hour Task Orders negotiated under this contract:

Category Hourly Rate

• Project Manager

$44.05 Senior' Systems Analyst

$41.60 Senior Systems Analyst (Consultant)

$29.08 Systems Analyst

$32.68 Systems Analyst (Consultant)

$29.75 Senior Programmer

$25.41 Junior Programmer

$19.13 Technical Writer

$22.26 Computer Operator

$18.52 Data Entry Operator

$14.74 3.

The following base hourly rates and indirect rates will apply for all Cost Plus Fixed-Fee Task Orders negotiated under this contract:

Category Hourly Rate

• Project Manager

$21.88 Senior Systems Analyst

$20.66 Senior Systems Analyst (Consultant)

$22.00 Systems Analyst

$16.23 Systems Analyst (Consultant)

$22.50 Senior Programmer

$12.62 Junior Programmer

$ 9.50 Technical Writer

$11.06 Computer Operator

$ 9.20 i

Data Entry Operator

$ 7.32 1

4 a.

Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 52.3%.

b.

Pending the establishment of final general and administrative rates which shall be negotiated based on audit of actual costs, the con -

tractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 22.7%.

c.

Notwithstanding a. and b. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.

• The loaded hourly rates, base labor rates, overhead, and General and Administrative rates reflected above are accepted, pending audit by DCAA. An audit of these figures will be initiated in approximately 30 days following contract award.

Revised rates will be negotiated, if necessary, based on the results of the audit by the Contracting Officer. Such revision shall be retroactive to the effective date of the contract, including all CPFF Task Orders issued hereunder.

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SPECIAL PROVISIONS FOR SU8 CONTRACTS SUPPLIES / SERVICES / CONSTRUCTION The Small Business Administration (hereinafter called SBA) entered into Contract No. NRC-25-82-315 (hereinafter called the prime contract) with the U.S. Nuclear Regulatory Commission (hereinafter called NRC) to furnish services for "ADP Systems Support" as more specifically described therein. A copy of said prime contract is attached hereto and made a part hereof.

The parties agree that Technassociates, Inc., (hereinafter called the subcontractor) shall for and in the stead of SBA fulfill and perform all of the requirements of the prime contract for the consideration stated therein. The subcontractor acknowledges that it has read and is familiar with each and every part of the prime contract.

It is expressly understood and agreed that the General Provisions are applicable to the subcontractor.

Payment (s) will be made directly to the subcontractor by NRC.

The subcontractor further understands and agrees that the responsibility for administering this subcontract has been delegated to the agency ~

specified in 31ock 6 of Standard Form 26 and that subcontractor will honor directions of the requests for changes by the installation in like manner as if issued by SBA.

In light of the purpose for which award is herein authorized, i.e., to assist the subcontractor award achievement of viability, the subcontractor agrees not to further subcontract any of the performance of the above named (supplies / s.ervices/ construction) not already provided for in his proposal at the time of acceptance without prior written approval of the SBA contracting officer.

Failure to comply with this provision may be a cause for termination of this contract for default.

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..j SPEC *AL CLAUSES FOR SUECC': TRACTORS C-Soecial 8(a) Subcontract Conditions:

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7:F (1.) The Smal Business Admini tration (SBA) has entered into contract MO 7 / --d[ [2 ' M with the 7

^ c.,.j w.m f:f:2 to furnish the supplies, services or perform the work described therein. A copy of said centract is attached hereto and made a Q3 part hercof. The parties to such contract have agreed that

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SBA will subcontract all supplies, services - ~ ' ~ "i'ad thereunder.

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(2.) The parties to this subcont.act agree that '

.;s.224.wud#gg, will, for and in the stead of ".,[#ulfi 1 and r # arm all of tne-- $ / /j""'

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• requirements of centract No.

for the c:nsideration stated nerein.

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-i i-(3.) The subcontractor acknowledges that its representatives have read and are familiar with each and every provision of the prime centract.

(a.) The subc:ntractor understands that the resconsibility for administer.i_.-

ing this subcontract (including issuance of cnange orders,

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execution of codific't'cnss i stection, acceptance, etc.) has been delegated by SBA to

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(5.) Except uhere an advance payment is made by SSA, partial or progress 6

payments under this sg~[n apt shall be made directly to the uhl,-

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subcontractor by the d

. However, the final payment uncer tne suocontract will ::e cace only upon the written authori:ation of SBA and, in the case of a construction contract, af ter receipt of an executed release of claims frca the

,l subcontractor.

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in the light of the purpose for which award is herein authorized, ff i.e., to assist the subcontractor toward achievement of viability,

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' the subcontractor agrees not to subcontract any of the performance J.~

of any of the requirements cr this subcontract uithout the prior 3.

a uri ta : p aval of the SBA and the designated contracting officer

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(7.) The B(a) subcontractor shall have the right of ap;eal frca decisiens

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AWARD / CONTRACT 1

PAGE l

OP ftD. PtOC. AtG.141Ch# l-:6101 b CONTRAC' (P,.s. l.st. Ida.t.) NO.

2 27,F)CTivt DAf t

3. Rtoul$1 TION /PURCNA$t RIOutST/ PROJECT NO.

4. CtaTIPitD POR NATIONAL DEFtN$t UNDER SD$A NRC-25-82-315 DUN 7,, iS$

RFPA No MPA-82-315

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A 3.155UED BY CODE

6. ADMtNISTERED SY CODE l

7. Deuvray (if.ther tha. blak 5) 906 OtsTI.

US Nuclear Regulatory Commission NAMN Division of Contracts Omt, (3,,

Washington, DC 20555 6<I->

s. CONTRACTOR CODE l l

FACILITY CODE l

9. DISCOUNT POR PeOMPT PAYMENT NAME AND ADDRES5 PRIME: US Small Business Administration

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Washington District Office N/A

,'. "',,l 0,;.

1111 18th Street, NW r.4 21P s.de) Washington, DC 20417 SUB.

Technassociates, Inc.

10. $USMit,,INv01CES,133 3,0 N,N.OC, f *2u nne (4

c. pres u.less.s Le001MontroseRoad, Suite 400

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,,,,,j, TO 00 Rockville. MD 20852

11. SHIP TO/ MARK FOR CODE l l

12. PAYMENT WILL BE MADE sy CODE l US Nuclear Regulatory Commission US Nuclear Regulatory Commission ORM, Div of Data Automation & Mgmt Info.

ORM, Division of Accounting ATTN:

Mr. John Burton Washington, DC 20555 Washington, DC 20555 10 U $ C. 2304 [.)(

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13. THis PEOCUREMENT WAS ADvitfl5ED.

NEGOTIAftD, PUR5UANT TO:

@ 4i us.C. 252 c x15 and 15 USC 637(a)

14. A.CCOUNTING AND APPROPflATION DATA B&R No. 80-20-25-05 FIN No.:

88804 Amount:

$200,000.00 t3.

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SUPPut1/5tivrCES OUANTITY UNIT UNff PitCE AMOUNT l

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rorAt AuouNT or ccNTRACT s200,000.00 CONTRACTING OFFICER lt'lLL CO.MPLETE BLOCK 22 OR 26 AS APPL 2 CABLE j

22.

CONTRACTOs s NeoOT1AftD AonttutNT (C..oraso.e is req. ired s. sage 1s. Q AwAnD (C..tran.r is..e req., red s. sig. this duume.t.)

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o c:ntracting Officer CRAIG D. LEB0

)g2-24 116 U.S. GCv t Ra uta.T PR I %T ING CFF ICt a 1976 200 984

il SCOPE OF WORK Article I - STATEMENT OF WORK A.

The contractor shall provide the necessary personnel and facilities to sispport automatet infomation systems which are maintained by the Of fice of Resource Management for all of.fices.of the Nuclear Regulatory Commission.

B.

There are approximately 1500 computer programs of varying sizes, complexity, languages, and on different computers and operating systems.

Future and immediate plans indicate a further divergence in languages and oper6 ting sys tems. The majority of programs are written in COBOL and run on the IBM 370/ 3081 using OS/MVS operating system. Significant system development effort is currently in progress using the Data General Eclipse C330/C350 computers with the "RDOS" and "AOS" operating systems; " INFOS" file manager; IDEA and COBOL languages.

Following is a list of the various hardware and software employed for the aforementioned 1500 programs:

1.

Hardware IBM 370/ 3081 at National Institutes of Health Data General Eclipse C330/C350 IBM 360/195 at Oak Ridge National Laboratory Humerous and varied terminals / peripherals, including Textronix Graphics Equipment and COM capabilities.

I 2.

Software COBOL (IBM, Da ta General)

PL1 (IBM)

FORTRAN (IBM, Data General)

Assembler (IBM, Data General)

IDEA (Data General)

INFOS (Data General)

RDOS and AOS (Data General)

DISSPLA Graphics (IBM)

SPSS (IBM, Data General)

SAS (IBM)

WYLBUR TEXT EDITOR SYSTEM 2000 (IBM)

INQUIRE (IBM)

MARK IV (IBM)

TSO (IBM) s m,

M A.

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s C.

Work shall be transmitted to the Contractor. by issuance of a formal task order, signed by the Contracting Officer.. Each Task Order.willibe negotiated and will result in either a firm Fixed Price, t.ost Plus Fixed ' Fee or Labor Hour type arrangement (see Attachment A hereto).

Each Task Order shall specify the task to be accomplished, the deliverables, the schedule within which the work must be accomplished, the type of personnel required for the task (labor hour and cost plus fixed fee Task Orders only).. technical contacts.for the particular system involved,

special considerat' ions'(such as material subject to.

the Privacy Act), special reporting requirements and a level of effort and corresponding dollar ceiling (labor hour and cost plus fixed fee Task Orders only).

The Contractor may not exceed the dollar ceiling of a Task Order except at his own risk.

The dollar ceiling of a Task Order may be increased by the Contracting Officer except that the dollar total of all completed and outstanding Task Orders may not exceed the dollar ceiling set forth in Article IV.C.

Task Orders may be issued at the sole option of the NRC, and it is understood that the NRC undertakes no obligation hereby to issue Task Orders hereunder.

The provisions of this contract shall govern all Task Orders issued hereunder.

D.

The NRC adheres to all applicable " ANSI" and "FIPS Pub" standards. The offeror shall be required to comply with existing NRC ADP standards as well as " ANSI" and "FIPS Pub" standards.

The offeror, as well as NRC, will also be required to comply with various ADP guidelines as issued by agencies such as OMB, GSA, and the Department of Commerce. Each new " Guideline" issuance will be spec-ifically relayed to the Contractor upon detemination by NRC of the appli-cability of the " Guideline."

E.

Each project may vary in complexity from minor program corrections which require no fomal documentation, to in-depth requirements analysis which require signi-ficant formal documentation. The level of effort for these diverse Task Orders will require personnel of varying levels of expertise, years of experience and education, and unique backgrounds of involvement with hardware / software /appli-ca tions.

The activities or types of effort to be perfomed and documented under Task Orders are as follou:

1.

Feasibility and Requirements Analysis 2.

System / Subsystem Design 3.

Program Specifications l

4.

System / Program Development and Debug 5.

System Acceptance Testing / Parallel Testing 6.

Documentation 7.

User Training 8.

Hardware /Sof tware Evaluations 9.

System Security Testing 10.

Quality Assurance

11. Data Reduction 12.

Data Entry l

13. Technical Writing l

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It is anticipated that the perfomance of wort under this contract will require the following professional personnel; other personnel may also be required:

Project Manager _

The Project Manager perfoms the management functions of planning, organizing and controlling the data processing activities of the analysts, programmers and data entry personnel.

He/she plans the activities to provide for a timely and quality product through the use of scheduling activities, periodic reviews and other ADP management techniques. He/she must have technical experience and competence as well as management ability.

He/she must have a minimum of ten years of experience as a systems analyst and/or project manager, and a college degree or the equivalent. He/she must have three years experience as a contract project manager prior to being assigned to this contract. The equivalent of a college degree is three years of additional experience as an analyst.

Extra credit will be allows for graduate study.

Substitution of graduate study will be on a one-for-one basis.

One year of graduate study is equivalent to one additional year of experience.

Systems Analyst Devises and prepares layouts for computer systems requirements and develops pro-cedures to process data by means of ADP/EDP.

Confers with other technical per-sonnel to determine problem and type of data to be processed.

Analyzes the problem in terms of equipment capability to determine techniques and fomulates computer system requirements most feasible for processing data.

Individual is adept in preparing a definition of the problem, together with recommendations for equipment needed for its solution from which the programmer prepares flow chart and computer instructions.

Writes specifications to the exact requirements for each program which will be written by the programmer, within the system.

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The detailed written specifications for each program shall be supplied, as a part of his function as an analyst, before any ef fort is applied to actually begin the individual program ef fort.

Individual may be required to supervise the preparations and implementation of individual programs.

Individual may be l

required to develop and implement applications utilizing mathematical and statistical formulae.

Must have a minimum of four years of experience as an analyst or programmer, and a college degree or the equivalent.

The experience must include at least one year as a programmer and one year as an analyst. The equivalent of a college degree is three years of additional experience as an analyst /programner.

The substitution fomula is:

Nine months of programmer / analyst experience is equivalent to one year of college.

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s Extra credit will be allowed for graduate study.

Subs ti tution.of I

graduate study will be on a one-for-one basis.

One year of' gradu-

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l-ate _ study is equivalent to one additionalyear of exserience.

All systems Analysts must meet the skill _ qualifications as indicated plus all those qualifications applicable to the position of Senior Programme r.

Senior Systems Analyst -

Must meet all qualifications stated for position of Systems Analyst and, in addition, must have a minimum of ten years data processing experience with proven performance as a lead analyst or project manager.

Senior Programmer (Class A Programmer)

A Senior computer programmer develops and prepares diagrammatic plans for solution of business, scientific and technical problems by means of ADP equipment. Analyzes programs outlined by a systems analyst in terms of such factors as type and extent of information to be transferred from storage units, variety of items to be processed, extent of sorting and fonnat of final printed results. Additionally, designs detailed programs, flow charts, and diagrams indicating mathematical computations and sequences of machine operations nec-essary to copy and process data and print results.

The Senior Programmer also verifies accuracy and completeness of programs by preparing sample data, and testing them by means of systems acceptance test runs made by operating personnel.

Corrects program errors by revising instruc-tions or altering sequence of operations.

Individual is responsible for system documentation and operating run procedures documented according to established Government methods and operations standards.

Evaluates and modifies existing programs to take into account changes in procedure or type of reports desired.

Translates detailed flow charts into coded machine instructions, confers with technical personnel in planning programs, and works in programs within the system. Individual may be required to use concepts generally associated with third generation equipment.

Mathematical programming techniques may also be requi red.

Must have a minimum of three years experience as a programmer and a college degree or equivalent.

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s Junior Programmer (Class B)_

A Junior Programmer is an individual who is capable, under general supentision, of analyzing and defining system requirements, and of developing programs for automatic data processing. This programmer conducts detailed analysis, studies of all systems requirements and develops all levels of block diagrams and logic flow charts.

He/she must translate the details into a program of coded instructions used by the computer. He/she tests, checks, debugs, revises and refines the computer program as required to produce the product required by the written specifications.

Additionally, the programmer documents all procedures used throughout the program to allow the program to be run as a part of the system by operating computer personnel, and completes system documentation to enable subsequent programmer to make changes as may be required.

Tlie programmer should also be able to revise existing programs to make refinements, reduce operating time or improve techniques.

This individual must be able to independently run an entire system or portion thereof; to review and process its output for individual user consumption.

He/she must have a minimum of one year of experience and a college degree or the equivalent.

Technical Writer Minimum two years experience in data processing technical writing.

College degree or equivalent (as previously defined) is required.

Data Entry Operator Keys data transactions into automated systems using on-line computer terminals.

Data to be keyed will be contained on computer listings and various source documents.

Must have minimum of one year experience in data entry and/or key punching.

Computer Operator Operates Data General Eclipse Computer and attached peripheral equipment.

Initiates batch jobs through on-line console.

Initializes and shuts down system, backs up files onto tape, and provides assistance to computer users daily.

Must have at least one year of computer operation experience with a minimum of three months Data General Eclipse computer experience.

G.

Project Status Reports are required to be submitted to the NRC Project Of ficer on the 15th and last day of each month, reflecting work accomplished, wort planned and problems encountered or expected, and the proposed resolution

,V of any problems.

Formal project status meetings may also be required at the discretion of the NRC Project Of ficer or at the request of the Contractor's d... -

Project, Manager fo' discussion of topics outlined in the writteg status r

reports.

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Article II - PERIOD OF PERFORMANCE The period of performance hereunder shall commence on the effective date of this contract and end twelve (12) months thereafter.

All Task Orders issued during this period shall be completed within the price originally negotiated. Any Task Orders issued during the period of performance and not completed by the expiration of that period shall be completed within the time specified by the individual Task Order.

Article III-Deleted l

Ar'ticle IV - ESTIMATED LEVEL OF EFFORT AND CEILING PRICE A.

Level of Effort It is estimated that the following types of personnel and amounts of effort will be required for the perfonnance of this contract:

Labor Category Estimated Hours 1

i Project Manager 1300 Senio'r Systems Analyst 2000 Systems Analyst 4000 Senior Programmer 6000 Junior Programmer 1000 Technical Writer 1000 -

Computer Operator 1000 Data Entry Operator 1000 A

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B.

Task Order Ceiling

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1.

Cost Plus Fixed Fee and Labor Hour Task Orders Cost ceilings will be p15ced in each Cost Plus Fixed-Fee and Labor Hour Type Task Order issued under the contract.

Such ceilings may be increased by the Contracting Officer at his discretion from time to time by notice to the Contractor in writing.

The Contractor shall promptly notify the Project Officer in writing whenever he believes that the then pertinent ceiling for any Task Order is insufficient.

When and if the amount (s) paid and payable to the Contractor under such pertinent Task Order shall equal the then pertinent ceiling, the Contractor shall not be expected to perform further unless the Contracting Officer increases such ceiling in an amount sufficient to cover additional work thereunder.

The Government shall not be obliged to pay the Contractor any amount in excess of such ceiling.

If and to the extent that such ceiling has been increased, any cost incurred by the Contractor in performance in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling.

5. Firm Fixed Price Task Orders A fixed amount will be reflected on each firm fixed. price task order.

The Contractor shall satisfactorily perform the services required at the a' greed fixed price._.

C.

Contract Ceiling The ceiling amount of this contract is $ 200,000.00.

The Contractor agrees that the work performed under the contract shall be accomplished within the ceiling price.

Unless and until the Contracting Officer shall have notified the contractor in writing that the ceiling price has been increased and shall have specified the extent of the increase, any costs incurred in excess of the ceiling price shall be borne by the Contractor.

Article V - CONTRACT ADMINISTRATION DATA i

A.

Payments 1.

a Labor Hour Task Orders-l l

The Contractor shall be paid an amount computed by multiplying the l

appropriate hourly rate, or rates, set forth in the Schedule of the contract, by the number of' direct labor hours performed, which rates shall include wages, overhead, general and administrative expense and profit.

Fractional parts of an hour shall be payable on a prorated basis. Vouchers may be submitted once each month and must cover the same time period as the project status reports.

Vouchers must contain the number of hours expended by each individual, their labor category, and the task number on which work was performed The contractor must maintain records which may be used to substantiate vouchers by evidence of actual. payment and by individual daily job timecards, or such other substantiation approved by the Contracting J. -

Officer. Promptly after receipt of such substantiated voucher, the

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Government shall, except as otherwise provided,in this contract, make WT papent thereon as approved by the Contracting Officer.

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b.

Cost Plus Fixed Fee Task Orders The Contractor shall be paid.an amount approved by the Contracting Officer after submitting an invoice for allowable costs incurred on each Task Order on a monthly basis.

The invoice shall identify the individuals working on the Task Order, their hourly rate,. indirect charges, any material ' harges and fee..

The Contractor c

must maintain records which may be used to substantiate vouchers.

by evidence of actual payment and by individual daily job timecards, or such other substantiation approved by.the Contracting Officer.

Promptly after receipt of such substantiated voucher, the Government shall, except as otherwise provided in this contract, make payment thereon as approved by the Contracting Officer. Additional provisions relating to payment for cost plus fixed fee Task Orders are contained in the General Provisions attached hereto dated 12/1/81 under

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Section No. 5.

c.

Firm Fixed Price Task Orders The Contractor shall be paid,' upon the submission of a proper invoice, the price stipulated on each Task Order for services rendered and accepted by the Project Officer.

2.

Unless otherwise set forth in the Schedule, five percent of the amount due under this clause, excluding amounts claimed under fixed price Task Orders, shall be withheld from each payment by the Contracting Officer but the total amount withheld shall not exceed $10,000.

Such amounts withheld shall be retained until the execution and delivery of a release by the Contractor.

3.

Unless provisions of the Schedule hereof otherwise specify, the hourly rate.or rates set forth in the Schedule shall not be varied by virtue l

of the Contractor.having performed work on an overtime basis.

If no l

overtime work is approved in. advance by the Contracting Officer,.o.vertime L

rates will be negotiated.

Failure to agree upon these overtime rates will j

treated as a dispute under the " Disputes" clause of this contract.

If the Schedule provides rates for' overtime, the premium portion of those rates will be reimbursable.only to the extent the overtime is approved by the Contracting Officer.

4.. Invoices submitted under this contract.shall be prepared in the following manner. Each invoice shall be consistant with periodic contract status reports submitted by the Contractor. The invoice shall be broken down into three (3) sections, Labor Hourly Type Task Orders, Cost Plus Fixed Fee Task Order's and Firm Fixed Prica Task Orders.

Each section shall reflect cost incurred for each individual Task. Order as follows:

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A) Labor Hour Type Task Orders 1

Task Order Number 2 ~ Labor Category Employee Name 3

4 Hourly Rate.

5 Number of Hours Worked 6

Cost B) Cost Plus Fixed Fee Task Orders

1) Follow instructions spelled out in the Attachment Entitled, Billing Instructions For NRC Cost-Type Contracts C) Firm Fixed Price Task Orders

1) Follow instructions spelled out in the Attachment Entitled, Billing Instructions For Fixed Price Contracts and Purchase Orders Note: Unless otherwise approved by the Contracting Office, billing for Firm Fixed Price Task Orders shall not be initiated by the Contractor until final delivery is made and NRC acceptance obtained for the services performed.

B.

Project' Officer John Burton is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract.

The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract; or_

issue any unilateral directive whatever. The Project Of ficer is responsible for (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.

Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit recommend-ations for approval, disapproval, or is responsible for supplies, services required under the contract.

The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited*

,in the contract.

For guidance from the Project Of ficer to the Contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not consitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not con-r stitute a basis for an extension to the period of performance or contract delivent schedule; and as stated above, (4) not constitute a basis for any

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Article V - SECURITY / CLASSIFICATION (Subject to Security Clearance)

A.

The Contractor and Contractor's personnel will be governed by the provisions of the Security / Classification Requirements, NRC Fom 187, attached hereto and foming a part of this contract (Attachment $.

B.

Notwithstanding Clause 51 of the General Provisions entitled " Security," to the contrary, and in addition thereto, the parties hereto agree that the NRC contact shall be the Authorized Classifier for all classified information or material delivered under this contract and NRC shall provide classification guidance to the Contractor as required in the perfomance of this contract.

C.

The Contractor and Contractor's personnel will be governed by, and shall assign classification markings to infomation or material, ori~ginated or generated by the Contractor as determined by the project contact.

D.

If subsequent to the date of this contract, the security level under the contract is changed by the Commission and such change causes an increase or decrease in the estimated cost or the time required for perfomance under this purchase order, the contract cost, delivery schedule, or both and any other provisions of the contract that may be af fected shall be subject to an equitable adjustment by reason of such increased or decreased costs.

Article VI - SPECIAL PROVISIONS A.

Records The Contractor shall keep and maintain records and books of account which show accurately, and in adequate manner, the basis for receiving compensation under this contract.

The Contractor shall preserve said records and books of account for a period of three years af ter the date of final payment under the contract.

The Commission shall at all reasonable times, prior to and af ter the date of final payment under this contract, have the right to examine and make copies of such records and books.

B.

Key Personnel The Contractor shall identify the individual that will perform under each Task Order to the Project Officer prior to commencement of wort. The Contractor shall notify the Project Officer or the Contracting Officer 30 days in advance of diverting any of these individuals and obtain their concurrence.

C.

All Items to Become Property of the Government Title to all source data and materials furnished by the Government, together O*

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. with all plans, drawings, completed programs and documentation thereof, reports and listings, all punched cards and all other items pertaining to the work and services to be performed under Task Orders issued pursuant to the contract, shall remain with the Government. The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above mentioned items.

D.

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

E.

Cost Information The Contractor shall maintain current cos,t information adequate to reflect the cost of performing the work under this contract at all times while the work is in progress, and shall prepare and furnish to the Government such written estimates of cost and information in support thereof as the Contract-ing Of ficer may request.

F.

Privacy Act Hotification This procurement action requires the Contractor to do one or more of the following:

design, develop, or operate a system or records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31,1974, (5 U.S.C.552a) and applicable agency regula tio ns.

Violation of the Act may involve the imposition of criminal penalties.

G.

Service Contract Act Wage Determination The following U. S. Department of Labor Wage Determination Registers are hereby incorporated by reference and attached hereto as Attachment C:

Wage Determination Humber Date 80-1294 (Rev. 3)

July 6, 1981 H.

Government Furnished Property (Short Form)_

FPR 1-7.303-7(c) 1.

The Government shall deliver to the Contractor, for use only in connection with the contract, the property described in the schedule or specifications (hereinafter referred to as " Government furnished property"), at the times and locations stated therein.

If the Government furnished property, suit-able for its intended use, is not so delivered to the Contractor, the

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Contracting Of ficer shall, upon timely written request made by the Contractor.

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i and if the facts warrant such action, equitably adjust any affected pro-vision of this contract pursuant to the procedures of the " Changes" clause thereof.

2.

Titles to Government furnished property shall remain in the Government.

The Contractor shall maintain adequate property control records of Govern-ment furnished property in accordance with sound industrial practice.

3.

Unless otherwise provided in this contract, the Contractor, upon delivery to him of any government furnished property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is censuned in the performance of this contract.

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4.

The Contractor shall, upon completion of this contract, prepare for ship-ment, deliver f.o.b. origin, or dispose of all Government furnished property not consumed in the performance of this contract or not theretofore delivered to the Government, as may be directed or authorized by the Contracting Officer.

The net proceeds of any such disposal shall be credited to the contract price or paid in such other manner as the Contracting Officer may direct.

J.

Computer Usage / Access The Contractor shall have access to and use of the NRC computers (automatic data processing system) essential to the successful perforinance of the work required hereunder.

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Article VII - General Provisions A.

The contract shall be subject to the Fixed Price Supply Contract General Provisions, dated 4/1/82 which incorporates the Standard Form 32 (Rev. 4-75 General Provisions and FPR changes and additions to Standard Form 32 General Provisions, June 1976) attached hereto as Attachment A.

The contract shall also be subject to the Cost Type Research and Development Contracts With Commercial Organizations General Provisions when applicable dated 12/1/81 attached hereto as Attachment B.

NRC additions to Standard Form 32 General Provisions is further modified as follows:

1.

The Clause entitled, " Price Reduction for Defective Cost or Pricing Data," attached hereto and forming a part hereof, is added as Clause Number 46.

2.

The Clause entitled, " Audit " attached hereto and forming a part hereof, is added as Clause Number 47.

3.

The Clause entitled, " Subcontractor Cost or Pricing Data," attached hereto and forming a part hereof, is added as Clause Number 48.

4.

The Clause entitled, "Special 8(a) Contract Conditions," attached hereto and forming a part hereof, is added as Clause Number 49.

5.

The Clause entitled, " Privacy Act," attached hereto and forming a part hereof, is added as Clause Number 50.

6.

The Clause entitled, " Service Contract Act of 1965, as Amended,"

attached hereto and forming a part hereof, is added as Clause Number 51.

7.

The Clause entitled, " Security," attached hereto and forming a part hereof, is added as Clause Number 52.

Article VIII - List of Documents and Attachments This contract contains the following attachments:

l A.

Fixed Price Supply Contract General Provisions dated 4/1/82 B.

Cost Type Research and Development Contracts with Commercial Organizations GP's dated 12/1/81.

C.

U.S. Department of Labor Wage Determination No. 80-1294 dated 7/6/81 l

D.

Part 20-1, Contractor Organizational Conflicts of Interest.

E.

NRC Form 187 l

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ClauseNo.4fp PRICE RErGCTICN FOR DHE_'TIVE CCST CR PRICING CATA (s"PR 1-3. 814-1 (a)

• If any price, including profit or fee, negotiated in connection with this contract or any cost rei=bursable under this contract was increased by any significant sums because:

(a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled

" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--

Price Adjust =ents" or any subcontract clause therein required, furnished cost or pricing data which was not accurate, co=plete and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (c) A subcontractor or prospective subcontractor furnished cost or pricing,

data which was required to be accurate, co=plete and current and to be submitted to support a subcontract cost esti= ate furnished by the Contractor but which was not accurate, co=plete and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted; the price or cost shall be reduced accordingly and the contract shall be =odified in writing as =ay be necessary to reflect such reduction. Ecwever, any reduction in the contract price due to defective subcontract data of a prospective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the anonne (plus applicable overhead and profit =arkup) by which the actual subco' tract, or actual cost to the Contractor if there was no n

subcontract,ints less than the prospective subcontract cost esti= ate submitted by the Contractor:

Provided, The actual subcontract price was not affected by defective cost or pricing data.

l (Note:

Since the contract is subject to reduction under this clause by

.eason of defective cost or pricing data submitted in connection with certain subcentracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor.

It is also expected that any subcontractor subject to such inde=nification will generally Jequire substantially similar inde=nification for defective cost or pricing data required to be submitted by his low tier sub-contractors.)

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Cicusa No. I NJDIT (TPR l-3.814-2 (c))

(a) Ceneral. The Contracting Officer or his representatives shall have the audit and inspection rights described in the applicable paragraphs (b ), (c) and (d) below.

(b) Exa=ination of costs.

If this is a negotiated fixed-price type, cost rei burse =ent type, incentive, ti=e and =aterials, labor hour, or price redeter ninable contract, or any ce=bination thereof, the Contractor shall =aintain, at the Contracting Officer or his representatives shall have the right to exa.=ine books, records, docu=ents, and other evidence and accounting procedures and costs of what practices, sufficient to reflect properly all direct and indirect ever nature clai=ed to have incurred and anticipated to be incurred for the perfor-mce of this contract.

Such right of exa=ination shall include inspecti at all reasonable ti=es of the Contractor's plants, or such parts thereof, as :

be engaged in the perfor:ance of this contract.

(c) Cost or pricing data.

If the Contractor sub=itted cost or pricing data in connection with the pricing of this contract or any change or =odificat thereto, unless such pricing vas based on adequata price ce= petition, escablish catalog or =arket prices of co==ercial ite=s sold in substantial quantities to general public, or prices set by law or regulation, the Contracting Of ficer or, shall hav his representatives who are e=ployees of the United States Covern=ent the right to exanine all books, records, docu=ents and other data of the Contra related to the negotiatica, pricing or perfor=ance of such contract, ' change or codification, for the purpose of evaluating the acesracy, co=pleteness and curr of the cost or pricing data sub=itted. Additionally, in the case of pricing an change or =odification exceeding $100,000 to for= ally advertised contracts, the Cc=ptroller General of the United States or his representatives who are e ploye of the United States Govern =ent shall have such rights. The right of exa=inati shall extend to all docu=ents necessary to per=it adequate evaluation of the co or pricing data submitted, along with the ec=putations and projections used the-(d). Availability. The =sterials described in (b) and (c) abcve, shall be

=ade available at the office of the Contractor, at all reasonable ti=es, for inspection, audit or reproduction, until the expiration of 3 years fro = the dat.

of final pay =ent under this contract or such lesser ci=e specified in Par: 1-20 of the Federal Procure =ent Regulations (41 CTR Par: 1-20) and' for such Ic=ger period, if any, as is required by applicable statute, or by other clauses of this concr,act, or by (1) and (2) below:

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(1) If this contract is cc=pletely or partially cer=inated, the recor relating to the work terminated shall be : de available for a period of 3 years from the date of c=y resulting fi=al settle =ent.

(2) Records which relate to appeals under the " Disputes" clause of this contract, or litigation or the settle =ent of clains arising out of the perfor=ance of this contract, shall be =ade available until such appeals, litigation, or clains have been disposed of.

(a) The Contractor shall insert a clause containing all the provisiens cf this clause, including this paragraph (e), in all subcontracts hereunder except altered as necessar/ for proper identificatica of the contracting parties and the Contracting Officer under the Cover==ent pri=e contract.

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~he Contractor shall furnish such progress reports and (f) Reports.

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schedules, financial and cest reports and other reports concerni:g the verk

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u'nder this centract as the contracting officer =ay frcs ti=e to ti=e require.

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(c) Tha Centrac..r shell require subcentractors (i.ergundar to submit, t

ac:usily or by spacific idsntification in writing, cost or pricing data under the folleving circu=st:nces:

(1) Prior to the award of any subcontract the a=ount of which is expee:ed :o exceed $100,000 when entered into, l

(2) ' Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of cocmercial ite=s sold in substantial quantities to the general public, or prices set by law or regulation.

(b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Pri=e Contractor to the Cover==ent, that to the best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agree =ent on the negotiated price of the subcontract or subcontract change or

=odificacion.

(c) The Contracter shall insert the substance of this clause including this pa,ragraph (c) in each subcontract hereunder which exceeds $100,000 when entered into except where. the price thereof is based on adequate price competition, established catalog or carket prices of co=sercial ite=s sold in substantial quantities to the general public, or prices set by law or regulation. In each such expected subcontract hereunder in excess of $100,000, the Contractor shall insert the substance of the folleving clause:

Clause No. M/7 SU3 CONTRACTOR COST OR PRI Ih'G DATA -

PRICE ADJUSDEh'IS (a) Paragraphs (b) and (c) of this clause shall become operative only vith respect to any = edification made pursuant to one or more provisions of this_ contract which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000.

The require =ents of this clause shall be li=ited to such contract =odifications.

(b) The Contractor shall require subcontractors hereunder to submit, ac:ually or by specific identification in writing, cost or pricing data under

he following circu= stances:

(1)

Prior to award of any subcontract, the 'a=ount of which is, expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract =odification which i=volves aggregate increases and/or decreases in costs plus applicable profits expec:ed to exceed $100,000; except where the price is based on adequate prics cc=pe:1:fon, established catalog or market prices of cec =ercial items sold in subs ancial quantities to the general public, or prices set by law or regulatien.

(c)

The' Contractor shall require subcontractors to certify, in substan-tially the sa e form as that used in the certificate by the Pri=e Contractor to the Covern=ent, that to the best of their knculedge and belief the ecst and pricing data subcitted under (b) above is accurate, c==plete, and current as cf the date of agree =ent en the negotiated price of the subc=ntract or subcon: act change or codification.

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(d) The Contractor shall inser: the substance of this clause including

his paragraph (d) in each subcencrac: hereunder chich exceeds $100,000 vhen en:ered into.

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U Clause No. 4f - Special 8(a) Contract Conditions SPECIAL' CLAUSES FOR P' RIME CONTRACTS 1.

The. parties agree that the Technassociates, Inc.,

(hereinafter call " Contractor") shall for and in the stead of the Small Business Administration fulfill and perform,all of the requirements of this Prime Contract for the consideration stated ~ herein.

2.

By subcontracting, pursuant to the provisions of Section 8(a) of the Small Business Act,15 USC 637(a)(1), as amended, the Small Business Administration (hereinafter called SBA) agrees to furnish the services set forth in this contract according to the specifications hereof.

3.

It is understood and agreed that in the event SBA does not award subcontracts for the performance of all or part of the work' hereunder, this contract may be terminated in whole or in part without cost to either party.

4.

The general provisions of 1.his contract are not operative between SBA and the Nuclear Regulatory Commission but they are applicable to SBA's sub-contractor.

5.

SBA has delegated to the Nuclear Reaulatory Commission (hereinafter called NRC the responsibility for administering its subcontract here-under. This includes issuance of orders, inspection, and acceptance by NRC Representatives and direct payment by NRC 6.

For the purposes of this contract the reference to "his duly authorized representative" in the " Disputes" clauses of this contract shall be deemed to refer to the Board of Contract Appeals 7.

It is further agreed that SBA will be continuously apprised by the Contracting Officer administering the subcontract as to the progress and performance of its contractor. No action that could possibly lead to the tennination of l

the contract for " Default" or for. " Convenience of the Government" shall be taken by said Contracting Officer or his authorized Representative without prior consultation with the SBA.

8.

It is understood and agreed that SBA's contractor shall have the right of appealing decisions of the Procurement Contracting Officer, or his authorized Representative, as cognizable under the " Disputes" clause of this contract.

9.

Insurance and/or bonding requirements, if any, do not apply to SBA, but SBA will require bonds from its contractor as required to protect the interests of the Government.

10.

It is agreed that the provisions of the "Tennination for Convenience,"

" Changes," " Disputes,"" Default and Price Reduction" clauses which are in-cluded in the contract between the SBA and its contractor shall be invoked in appropriate cases when requested by the Procurement Contracting Officer or his authorized Representative. If the SBA does not agree with the request of the Procurement Contracting Officer or his authorized Representative, the case shall be referred to the Board of Contract Appeals _ for decision.

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Scecial 8(al Centract Centitions

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It is understood and agreed by and between the parties to this contract

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.m (1.) SBA certifies it is cenpetent to perform the requiregent, as stated in this contract.

(2.) SCA will furnish the supp' lies, services or perfer:n the work recuired under this contract according to the 9

specifications, drawings; terms and conditions hereof by M

subcentracting with an elicible concern pursuant to section

'i 8(a) of the Small Business Act,15 USC 637(a). Such concern

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If SEA does not awcrd e subcontract for all or part of the

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procurinq agency except where SCA raakes an advance payment to the subcontracter, in which event the agency administering the subcen:ract will be specifically recuested in writing l

to c:he payments directly into the Special Bank Acccunt.

l (5.) Tha 2(a) subccntractor sibli have the richt of cossal feca ceci:icns of the con:racting officar cognicacia under the di:putes clause of said subcontract.

(7.) The subcontract shall include the following provision:

g For the purpose of this contract, the reference to"his duly l

l authori.,cd representative" in the "Diaputes" clause of this contract shall be deequ l

Ad=ir.istrator of the //p d.refertotheSecretaryor I

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ant to the Act in the des:gs, ceveloprnent, or opera:los of any system of recores on Inctrid=

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\\g tien wnes the cor.::scs spectScs.t:7 !senttf.es (1) the systern or systems cf records and (!!)

the wers to be per!cimed by the contisc or 1

In te.:.s of any one or c=mh!=stlos of the following: ( A) dest;n.13) <*tvticptnent, of (C) oper:no.n:..c -ge 13e sott-nauen nottic2tMR

ed in thia Co3*fa:I 12 *W tion and resultt ; subcont:sct a:d 13 e"r7 ce p

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when the statement of worx in the proposed subc or. irs:: requ.res the ces!gn, deve:cP*

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Clause No. $51 SERVICE CONTRACT ACT OF 1965, AS AMENDED (FPR 1-12.904-1)

(Contracts in Excess of $2,500)

This contract, to the extent that it is of the character to which the Service Contract Act of 1965, as amended (41 U.S.C. 351-357) applies, is subject to the following provisions and to all other applicable pro-visions of the Act and regulations of the Secretary of Labor thereunder.

(a) Comoensation.

Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wage and shall be furnished fringe benefits i

in accordance with the wages and fringe benefits determined by the Secretary of Labor or his authorized representative, as specified in any attachment to this contract.

If there is such an attachment, any class of service employees which is not listed therein, but which is to be employed under this contract, sha'll be classified by the Contractor so as to provide a reasonable relationship between such classifications and those listed in the attachment, and shall be paid such monetary wages and furnished such t

l fringe benefits as are determined by agreement of the interested parties, who shall be deemed to be the contra: ting agency, the Contractor, and the i

employees who will perform on the contract or their representatives.

If the interested parties do not agree on a classification or reclassification which is, in fact, conformable, the Contracting Officer shall submit the question, together with his recommendation, to the Office of Special Wage Standards, Employment Standards Administration (ESA), Department of Labor for final determination.

Failure to pay such employees the compensation agreed upon by the interested parties or finally determined by the Adminis-trator or his authorized representative shall be a violation of this contract.

No employee engaged in performing work on this contract shall in any event be paid less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

.(b) Adjustment.

If, as authorized pursuant to Section 4(d) of the Service Contract Act of 1965, as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefit.s required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Employment Standards Administration, Department of Labor as provided in the Act.

(c) Obligation to furnish fringe benefits.

The Contractor or subcontractor may discnarge the coligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of fringe benefits, or by making 1

equivalent or differential payments in cash in accordance with the applicable rules set forth in 29 CFR Part 4, Subparts B and C, and not othersise.

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(d) Minimum waoe.

In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

Nothing in this provision shall reifeve the Contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.

(e) Oblications attributable to oredecessor contracts, ffthis contract succeecs a contract, suoject to tne Service Contract Act of 1965, as amended, under which substantially the same services were furnished and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, then in' the absence of a minimum wage attachment for this contract neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work less than the wages and fringe bene-fits, provided for in such collective bargaining agreements, to which such employ.ee would be entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement.

No Contractor or subcontractor under this cont'ract may be relieved of the foregoing obligation unless the Secretary of Labor or his authorized representative determines that the collective bargaining agreement applica-ble to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, or finds, after a hearing as provided in Department of Labor regulations, 29 CFR 4.10, that the wages and fringe benefits provided for in such agreement are substan-tially at variance with those which prevail for services of a similar i

character in the locality.

(f) Notification to ecoloyees.

The Contractor and any subcontractor under this contract snall notify each service employee commencing work on this contract of the minimum wage and any fringe benefits re' quired to be paid pursuant to this contract, or shall post a notice of such wages and benefits in a prcainent and accessible place at the worksite, using such poster as may bc provided by the Department of Labor.

(g) Safe and sanitary workina conditions.

The Contractor or subcon-tractor shall not permit any part of tne services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged te furnish these services, and the Contractor or subcontractor shall ccmply with the safety and health standards applied under 29 CFR Part 1925.

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. (h) Records.

The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in subparagraphs (1) through (5) of this paragraph for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Employment Standards Administration (ESA), Department of Labor.

(1)' His name and address.

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(2) His work classification or classifications, rate or rates of monetary wages and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly ccmpensation.

(3) His daily and weekly hours so worked.

(4) Any deduc'tions, rebates, or refunds from his total daily or weekly compensation.

(5) A liet of monetary wages and fringe benefits for those classes of service employees not included in the minimum wage attachment to this contract, but for which such wage ratas or fringe benefits have been detar6ined by the interested parties or by the Administrator as defined in 41 CFR 1-12.902-2(c) or his authorized representative pursuant to the Labor Standards Clausa in paragraph (a) of this clause.

A copy of the report required in paragraph (a)(1) of this clause shall be deemed to be

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such a list.

(i) liithholding of oavnent and termination of contract.

The Con-tracting Officer shall witr'IoR or cause to be witnneid rrom the Govern-ment Prime Contractor undsr this or any other Government contract with the prime Contractor such suas as he, or an appropriate officer of the Department of Labor, decides may be necessary to pay underpaid employees.

Additionally, any failure to ccmply with the requirements of this clause relating to the Service Contract Act of 1965 may be grounds for termina-tion of the right to proceed with the contract work.

In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(j) Subcontractors.

The Contractor agrees to insert this clause relating to tne Service Contract Act of 1965 in all subcontracts.

The term " Contractor" as used in this clause in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government Prime Contractor."

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Service emoloyee.

As used in this clause relating to the Service Contract Act of 1965, as amended, the term " service employee" means any person engaged in the performance of a contract entered into by the United States and not exempted under Section 7, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States (other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations); and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(1) Comoarable rates.

The following classes of service empicyees expected to be employeo under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:

Employee class:

Monetary wage--fringe cenefits:

(m)

Contractor's recort.

(1) If there is a wage determination attachment to this contract and one or more ' classes of service employees which are not listed thereon are to be employed under the contract, the j

Contractor shall report to the Contracting Officar the monetary wages to l

be paid and the fringe benefits to be provided each such class of service j

employee.

Such report shall be made promptly as soon as such compensation i

has been determined, as provided in paragraph (a) of this clause.

(2)

If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bar-l gaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement.

Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.

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5-(n) Regulations incoroorated by reference.

All interpretations of the Service Contract Act of 1965 expressed in 29 CFR Part 4, Subpart C, are hereby incorporated by reference in this contract.

(o) Exemotions.

This clause relating to the Service Contract Act of 1965 shall not apply to the following:

(1) Any contract of the United States or District of Columbia for construction, alteration, and/or repair, including painting and decorating of public buildings or public works; (2) Any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act (41 U.S.C. 35-45-);

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(3) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect, or where such carriage is subject to rates covered by Section 22 of the Interstate Commerce Act; (4) Any contract for the furnishing of services by radio, telephone, telegraph, or cable companies', subject to the Communications Act of 1934; (5) Any contract for public utility services, including electric light.and power, water, steam, or gas; (6) Any employment contract providing for direct services to a Federal agency by an individual or individuals; (7) Any contract with the Post Office Department (U.S. Postal Service), the principal purpose of which is the operation of postal contract stations;.

(8) Any services to be furnished outside the United States.

For

. geographic purposes, the " United States" is defined in Section 8(d) of the Service Contract Act of 1965 to include any State of the United States, the District of Colu::bia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands, as defined in the Outer Continental Shelf Lands

~Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island, and Canton Island.

It does not include any other tarritory under the jurisdiction of the United States or any United States base or possession within a foreign country; (9) Any of the following contracts exempted from all provisions of the Service Contract Act of 1965, pursuant to Section 4(b) of the Act, which exemptions the Secretary of Labor, prior to amendment of such section by Pub. L.92-473, found to be necessary and proper in the public o

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. interest or to avoid serious impairment of the conduct of Government business; (i)

Contracts entered into by the United States with common carriers for the carriage of mail by rail, air (except air star routes), bus, and ocean vessel, where such carriage is performed on regularly scheduled runs of the trains, airplanes, buses, and vessels over regularly established routes and accounts for an insubstantial portion of the revenue therefrem; (ii) Any contract entered into by the U.S. Postal Service with an individual cwner-operator for mail service where it is not contemplated at the time the contract is made that such cuner-operator will hire any service employee to perform the services under the contract except for short periods of vacation time or for unexpected centingencies or emergency a

situations such as illness or accident.

(p)

Soecial emolayees.

Notwithstanding any of the provisions in paragraphs (a) tnrougn (n) of this clause relating to the Service Contract Act of 1965, the follcwing employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to Section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

• (l)(i)

Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages othersise required by Section 2(a)(1) or 2(b)(1) of the Service Contract Act of 1965, without diminishing any fringe benefits or cash payments in lieu thereof required under Section 2(a)(2) of that Act, in accordance with the procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under Section 14 of the Fair Labor Standards Act of 1938, (29 U.S.C. 201 et seq.) in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).

(ii) The Administrator will issue certificates under the Service Contract Act of 1965 for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two Acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521,.524, and 525);

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(iii) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.

(2) Any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips may have the amount of his tips credited by his employer against the minimum wage required by Section 2(a)(1) or Section 2(b)(1) of the Act, in accordance with the regulations in 29 CFR Part 531; Provided, however, That the amount of such credit may not exceed $1.325 per hour beginning January 1, 1978,

$1.305 per hour beginning January 1, 1979, $1.24 per hour beginning January 1, 1980 and $1.34 per hour after December 31, 1980.

If the employer pays in full cents the $1.325 figure must be rounded down to

$1.32 and the $1.305 figure to $1.30, in order that the employer will not be crediting more than the permissible percentage.

[End of clause.]

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58 SEcualTY (9-7.,5004-11 P.0DIFIED)

Contractor's du y to safeguard Restricted Data, For=erly Restricted

. (a)

The Contractor shall, in accordance Data, and other classified info =stion.

with the Nuclear Reguletory Co=nission's security regulations and requirements, be respan,sible for safeguarding Restricted Data,. Tor =erly Restricted Data, and other classified infor=ation and protecting against sabotage, espionage, loss and the elsssified docu=ents and =aterial in the contractor's possession in

theft, Except as othe:.iise connection with the perfor=ance of work under this contract.

the contractor shall, upon completion or e:gressly provided in this contract, to the Co=:nission any classified =atter termination of this contract, transmit in the possession of the contractor or any person under the contractor's control in connection with the perfor:sace of this contract.

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If recention by the Contractor of any classified =atter is required af ter the completion or terminatica of the contract and such recentio'n is approved by the Contracting Officer the contractor vill co=plete a certificate 'of possession to be furnished to the Nuclear Regulatory Commission specifying the classified The certification shall identify the items and types or catter to be retained.

categories of =atter retained, the conditions governing the retention of the matter

.If the retention is approved by the Con-and,the period of retention, if known.

tracting Officer, the security provisions of the contract vill continue to be applicable to the matter retained.

The Contractor agrees to conforn to all security regulation (b) Ragulations.

and require =ents of the Co.=ission.

(c) Definition of Restricted Dats. The term " Restricted Dsta," as used in this clause, =eans all data concerning (1) design, manuf acture, or utili:ation of the use of ace =ic vespons;. (2) the production of specisi nuclear _.sterisl; or (3) shs11 not include dats special nuclesr'=sterial in the produe: ion of ener;y; but declassified or removed from the Restricted Dats cate;ory pursuant to section 142 of the Ato=ic Energy Act of 1954, as acended.

(d) Definition of For=erly Restricted Dats. The term "7ornerly Restricted Dats," as used in this clause, = cans all dses removed from the Restricted Dats l

categorf undar section 142d of the Atcmic Energy Act of 1954, as scended.

(e) Security clearsnee of personnel. The Contrac:or shall not permit an'y individual to have access to Restricted Dats, Fornerly Restricted Dsts, or other 9

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Revised 4/1/82 Consisting of Pages 1 through 23 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 23 attached thereto.

ARTICLE TITLE PAGE 1

Definitions................................................

1 2

Changes....................................................

1 3

Extras.....................................................

1 4

Variation in Quantity......................................

1 5

Inspection.................................................

I 6

Responsibility for Supplies................................

2 7

Payments...................................................

2 8

Assignment of Claims.......................................

2 9

Additional Bond Security...................................

2 10 Examination of Records by Comptroller General..............

2 11 Default.......................

2 12 Disputes...................................................

3 13 Notice and Assistance Regarding Patent and Copyright Infringement.............................................

3 14 Buy American Act...........................................

3 15 Convict Labor..............................................

4 16 Contract Work Hours and Safety Standards Act -

Overtime Compensation....................................

4 17 Walsh-Healey Public Contracts Act..........................

4 18 Equal Opportunity..........................................

4 19 Officials not to Benefit...................................

5 20 Covenant Against Contingent Fees...........................

5 21 Utilization of Small Business Concerns.....................

5 22 Utilization of Labor Surplus Area Concerns.................

5 23 Utilization of Minori ty Business Concerns..................

5 24 Pricing of Adjustments.....................................

5 25 Payment of Interes t on Contractors ' Claims.................

5 26 A l t e ra t i o n s................................................

6 27 Listing of Employment 0penings.............................

6 28 Employment of the Handicapped..............................

9 29 Clear Air and Water.......................................

10 30 Federal, Sta te and Local Taxes............................

11 31 Termination for Convenience of the Government.............

12 32 Preference for U.S. Fl ag Ai r Carriers.....................

17 33 Notice to the Government of Labor Disputes................

17 34 P e rm i t s...................................................

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ROUTING AND TRANSMITTAL SUP -

• 7 G/32.

TO: (Name, omce symbol, room number, initials Date building, Agency / Post) 3.

Assessions Unit. DC Desk P-016

.Public'DocumentRoom.-H-SI'Lobbh g.

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g Action FBe' Note and Return Approval For Clearance Per Conversation.

As Requested For Correction Prepare Reply Circulate For Your Information Se, Me Comment investigate Signature Coordination Justify g

REMARKS

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The attached contract document is hereby

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forwarded for' display in, the Public -

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b0 NOT use this form as a RECORD of approvals, concurrences, ' disposals,'

clearances, and similar actions FROM: (Name, org. symbol, Ag En/76 bCf

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, Room No.---Blds.

Lynne,"ertirr. -

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Administrative Contracts Branch Phone Ms.'

Division of Contracts-X24800' 7

, ana n-see OFn0NAL FORM 41 (Rev."'7;75f ~ ;

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