ML20058D913
| ML20058D913 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1990 |
| From: | Dox A, Hopkins S NRC OFFICE OF ADMINISTRATION (ADM), TOTAL AUDIO VISUAL SERVICES, INC. |
| To: | |
| Shared Package | |
| ML20058D894 | List: |
| References | |
| CON-NRC-26-91-291 NUDOCS 9011060330 | |
| Download: ML20058D913 (60) | |
Text
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s AWARD / CONTRACT Page 1
- 1. THIS CONTRACT IS A RATED ORDER UNDER DFAS (15 CFR 350) RATING
- 2. CONTRACT NO.
l3. EFFECTIVE DATE
- 4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No.l l
REQUEST / PROJECT NO.
/P[-W/'70 l
AED-90-302 NRC-26 91-291 l
- 5. ISSUED BY Code:
l6. ADMINISTERED BY Code:
l (If other than Item 5)
U.S. Nuclear Regulatory Commission l Contract Administration Branch Div. of Contracts & Property Mgmt.
I Div. of Contracts & Property Mgmt.
Contract Neg. Branch No.1; P1020 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 CONTACT - Susan Hopkins l
PHONE - 301-492-4276
- 7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY Total Audio Visual Services Inc.
l
()
FOB ORIGIN Attn: Mr. Allan R. Dox l
(X)
OTHER (See below) 1 Windsor Cove Road l
Columbia, S.C. 29223 l 9. DISCOUNT FOR PROMPT PAYMENT l
N/A Duns Code:
l Facility Code:
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/.
CODE l12. PAYMENT WILL CODE MARK FOR l
BE MADE BY 1
l U.S. Nuclear Regulatory Commission l
U.S. Nuclear Regulatory Commission Technical Training Center l
Division of Accounting and Finance 5700 Brainerd Road l
GOV /COM Accounting Section Chattanooga, TN 37411-4017 l
Washington, DC 20555 l
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION l
( ) 10 U.S.C. 2304(c)( )
( ) 41 U.S.C. 253(c) ( )
1
- 14. ACCOUNTING AND APPROPRIATION DATA l
Funds to be obligated on individual delivery orders l-l 15A. ITEM
-ISB. SUPPLIES /
15C. QUANTITY 150. UNIT ISE. UNIT 15F. AMOUNT NO.
SERVICES PRICE l
l-The U.S. Nuclear Regulatory Commission hereby accepts Total Audio Visual Services, Inc.,'s,
Techni:al Proposal dated May 2,1990 as revised dated Sept. 10, 1990, both of which are
' *$g incorporated herein by this reference and made a part of this contract, to perform the work in accordance with Sol. RS-AED.90-302 which is-attached hereto and made a part of gig this c ntract.
guo This firm fixed price requirements type contract is completed as follows:
?
15G. TOTAL AMOUNT OF CONTRACT $74,280.00*'
ggu
- funds to be oblicated on individual delivery orders taE.
EXCEPTION T0 STANDARD FORM SF26 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(a)
[
AWARD / CONTRACT Page 1A 16.
TABLE OF CONTENTS
+
X SEC DESCRIPTION PAGE(S) r PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT 0
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS'AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFERORS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS M
EVALUATION FACTORS FOR AWARD CONTRACTING 0FFICERWILLCOMPLETEIT$M17OR18ASAPPLICABLE 17.
(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 3 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration statec' herein.
The rights and obligations of the parties to this contract shall be subject to and governed by'the following documents: (a) t this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications'as are attached or l
incorporated by reference herein.
(Attachments are listed herein.)
- 18. ( ) AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number
, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the l
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 (Typeorprint) l l
Elois J. Wiggins
/.H Akik 30% -bMG $@..
l 198, NAME OF CONTRACTOR 4
l 208. UNIT D STATES OF AMERICA r
by I
M by I'
(E s <M (Signature of person authorized to sign)'
(Signature of Contr g Officer) 19C. DAT SIG 0 20C, DATE SIGNED g EXCEPTION'TO STANDARD. FORM 26 (REV.4-85) l 1
NRC-E6-90-302 Page 2 1.
Paragraohs a. and b. of Section B, Article B.3, CONSIDERATION AND i
OBLIGATION -- DELIVERY ORDERS (JUNE 1988) are amended as follows:
The total estimated amount of this contract (ceiling) for the a.
products / services ordered, delivered, and accepted under this contract is
$74,280.
j b.
Funds to be obligated on individual delivery orders.
2.
Section B, Article B.4 SCHEDULE OF PRICES is deleted in its entirety and the following substituted therefor:
l TOTALITEM DESCRIPTION QTY UNIT PRICE AMOUNT 1
Video Pro.iectors 4
ea
$17,470
$69,880 2
Installation and Alignment 4
ea 800
$ 3,200 3
Original Equipment Manufacturer's Warranty 1 year 4
Cables (includes connectors) 3,000 ft
.40 $ 1,200 TOTAL INSTALLED PRICE
$74,280 3.
Section F, Article F.2 PLACE OF DELIVERY -- EQUIPMENT (MAR 1987)
ALTERNATE I (MAR 1987) is amended to read:
" Contract Number:
NRC-26-90-302" 4
Section F, is amended to include the following Article i
F.4 DURATION OF CONTRACT PERICD The ordering period for this centract shall commence upon contract award and will expire two years thereaf ter."
5.
Paragraph a, of Article G.1 PROJECT OFFICER AUTHORITY is completed as follows:
"Name:
Steve Roessler Address:
U.S. Nuclear Regulatory Commission Technical-Training Center Osborne Of f. ice Center, Suite 200 5700 Brainerd Road l
Chattanooga, TN 37411-4017 l
Phone Number:
615-885-6500" 6.
Article I.4 DRUG-FREE WORKPLACE (FAR 52.223-6 MAR 1989) is deleted in its entirety and the following FAR clause dated JULY,1990 is substituted.
therefor:
I.4 DRUG-FREE WORKPLACE (FAR 52.223-6)-(JUL 1990)-
NRC-26-90-302 Page 3 i
(a) Definitions.
As used in this clause, " Controlled Substs-s" means a controlled substance in schedules I through V of section 202 sf 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, i
i
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, pussession or use of any controlled substance.
" Drug-free workplace" means the site (s) for the performance of work done by the Contractor in connection with a specific contract at which employees j
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 nerformance of work under a Government contract.
"Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.
" 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--within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration); or as soon as possible for contracts of less than 30 calendar days performance duration--
l l
(1) Publish a statement notifying its empicyees that the unlawful l
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 an ongoing drug-free awareness program to inform such employees about-l (i)
The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
i
NRC-26-90-302 Page 4 (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 writing in the statement required by subparagraph (b)(1) of this clause, that as a condition of continued employment on this contract, the employee will-(1) Abide by the terms of the statement; and (ii)
Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days af ter such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction, The notice shall include the position title of-the employee; (6) Within 30 days after receiving notice under subparagraph (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(1) Taking appropriate personnel action 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 purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(') 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 Cet: actor, 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 f ailure to comply with the requirements of paragraphs (b) or (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.
(End of Clause) 1-7.
Sections K, L and M are hereby deleted in their entirety for purposes of this award document.
8.
Nothing follows.
WES m W 1-005318!123 05/03/90 TWX ESL62892119 CBLB 001 TDWX WASHINGTON DC
> TOTAL AUDIO V.
AL SERVICES INC.
ATTN: MR. ALLAN R. DOX 1 WINDSOR COVE ROAD COLUMBIA SC 29223 l
1 TO ALL OFFER 0RS:
AMENDMENT NO. 3 TO RFP RS-AED-90-302 DATED APRIL 6, 1990.
THE PURPOSE OF THIS AMENDMENT IS TO EXTEND THE DATE FOR RECEIPT OF PROPOSALS AND TO AMEND PORTIONS OF THE SOLICITATION AS STATED BELOW:
1.
THE DATE FOR RECEIPT OF PROPOSALS IS HEREDY EXTENDED TO
'MAY 17, 1990 AT 3:00 P.M.
EDT.
8 PAGE 10 C.1.C.6 IS HEREBY AMENDED TO ADD THE FOLLOWING:
THE VIDEO PROJECTORS SHALL DE CAPABLE OF ACCEPTING UP TO FOUR (4) INPUT SOURCES SO THAT THE INSTRUCTOR HAS THE OPTION TO SWITCH TO ANY DESIRED SOURCE AT ANY O!VEN TIME.
THE CONTRACTOR SHALL PROVIDE ANY NECESSARY INTERFACES.
'3.
PAGE 10, C.1.C.9 IS HEREBY AMENDED TO ADD THE FOLLOWING:
~~~
THE LASER VIDEODISC PLAYER AND HIGH RESOLUTION GRAPHICS
' COMPUTER ARE PLANNED ADDITIONAL INPUTS FOR THE TTC CLASSROCMS, DUT HAVE YET TO BE PURCHASED.
WHEN THIS
' EQUIPMENT IS IN PLACE NRC WILL PURCHASE AND INSTALL THE NECESSARY ADAPTERS.
4.
PAGE 10, C.1.C.13 IS HEREBY AMENDED TO ADD THE FOLLOWING:
THE WALLS IN THE TTC CLASSROOMS ARE STANDARD DRYWALL.
THE CONTRACTOR SHALL PROVIDE WALL PLATE TERMINATIONS FOR ALL CABLE INSTALLATION.
OFFERORS MUST ACKNOWLEDGE RECEIPT OF THIS AMENDMENT BY EITHER:
- 1.
COMPLETING SECTION 14 OF THE SF 33 COVER SHEET OF THE k
SOLICITATION PACKAGET a
- - - _ _ _ _ - - _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _\\
1 i
l 8.
SIONING AND RETURNING THIS DOCUMENT TO THE U.S. NUCLEAR l
REGULATORY COMMISSION, ATTN:
CHARLENE CANTOR (P-1020)4
> 'DIV. OF CONTRACTS b PROPERTY MANA"EMENT4 WASHINGTON, DC l
205551 OR 3.
BY LETTER TO THE U.S. NUCLEAR REGULATORY COMMISSIONI ATTN:
CHARLENE CANTOR (P-1020)1 DIV. OF CONTRACTS &c PROPERTY MANAGEMENT 4 WASHINGTON, DC 20555 ELOIS J. WIGGINS CONTRACTING OFFICER RECEIPT OF AMENDMENT NO. 3 TO SOLICITATION NO.
15-AED-90-302 IS HEREBY ACKNOWLEDGED.
R r
([9/00 h6%
i DATE NAME/ SIGNATURE 1035 EST MOMCOMP MOM c
i e
s
- 4. t,0N T R AC T 4D CODE P AGs. QF PAuLb AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT 1
l1
- 2. AMLNDMLNTfMOQif ICA f iGN NO.
J. [FFECTavE DATE
- 4. REQWibiliON/PURCHA&E REQ. NO.
- 6. PROJECT NO. ij/ eppusseael
)
Two (?i a / 2oron arn.on_ w
- 6. assvoo av
^^ "'"'
I CODE-CCDE U.S. Nuclear Regulatory Commission 1
Division of Contracts and Property Management j
Washington, DC 20555 i
i
- 4. NAML AND AQQRLsb QF CONT R AC TOR (No., stweg county. a sete ens /lf Comes g, ; 49A. AMENOMLNT OF SOLICIT ATION NO.
C A g'90-302 TO ALL OFFER 0RS Acril 6.
1090 On OF CON T R ACT/ORDLR acA.gDiFiCAT Sou. OATED tSEE ITUI tas CODE lF ACILITY CODE 11 THIS ITEM ONLY APPLIES TO AMENOMENTS OF SOLICITATIONS The above numtwee solicitation is amenced as set forth in item 14. The hour and cate specified for receipt of Offers is extenoso.
.is not ex-enoso Off:rs must acanomeoge receiot of this amenoment prior to the hour and cate specified in the solicitation or as amenced. by one of the following methods:
2 copies of the amendment; (b) By sesnowwogino receipt of this amenoment on eacn coov of the of for lal By compieting items 8 and 15.and returning submitteo: or te? Sv separate letter or teiegram wnich includes a reference to the soiecstation ena amenoment numbers F AILU AE OF YOUR ACKNOWLEDG.
MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECElPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFE A. If by virtue of this amendment you cesire to change an otter siremov submitteo,such enanos may be made Dv telegram or letter, prov;ood eacn teiegram or letter maaes reterence to the solicitation ano this amenoment, ano is receivec prior to the opening nour and cate specified.
$2. ACCOUNTING iaNO APPROPRI ATION DAT A t/f reguarva#
- 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTR ACTS /ORDE RS, IT MODIFIES THE CONTRACT / ORDER NO. AS DESCRIBED IN ITEM 14.
O C ORDER N. i M B. THE ABOVE NUMBERED CONTR ACT/ ORDER 15 MOOlFIED TO REFLECT THE ADMiNiSTR ATivE CHANGES fauch as changes in payent office, appropriatson dele.etc.J 5ET FORTH IN ITEM 14, PUR&UANT TO THE AUTHORITY OF F AR 4 3.1031 D).
C. THib Sv&p6LMLNT AL AGREEMENT in ENT ERED IN TO PVR5v AN T TO AUTHORIT Y OFi U. O T HE R abpetsty t>Pe of monitoresson enn ausnorstsb E. IMPO RTANT: Coritractor b is not, is reouired to sign this document and return copies to the issuing of fice.
DEukiPT eQ.s OF mLHOMLh T.veQOiFiCAT SON iOreens,qu ey UcF aussson neeannss. sacu.asne sonestationicontract autucct rnatter w*ie*e feasioie.)
1 The purpose of this amendment is to amend portions of the solicitation es stated below:
1.
Page 8, B.4 - SCHEDULE OF PRICES is hereby amended to add the following:
UNIT TOTAL c.
DESCRIPTION OTY UNIT PRICE /F AMOUhT 4.
Cables-120 Ft.
SCO 00 (approx. 30 feet per Cla~ssroom>
Esce as oroviceo hereen, all terrns and concitsons of the document referenceo in item 9A or IDA, as heretofore changea. remains unchanoea and m full force 1sA. NAME AND TIT LE OF biGNER (Type or pnnff 16A.NAML AND T TLE OF CONT R ACTING OFFICER f Type or pnnes NA H DW - 5Ald k.
Elois J. Wiaains A b8. C TRAC FFEROR V
4 DC OATE biGNLD 168. vNet TATES' AMERt A 46C. Q ATE blGNLO Y NA~
' 'OL I'
l
)f?0 BY b
1 g g j90
,,,,...,or,e, eon emeno,s,e.....,n, ts.,ne,u,woong.egn,,,,
.~
1.CONIRACT4DCODE PAGL UP 9M.hb AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT i
1 l2
- 2. AMENOMENT/ MOO 6FICAT40N NO.
- 3. EFFECTIVE DATE
- 4. 5tEGul54T6ON/PURG MA&E REQ. NO.
- 5. PRO.iEC T NO. ett e#P8aceed*8 one h )
4/18/00 AED 00-302
- 4. a&SWEO NY
- 7. ADMAN STERED SV (J/ other enen 4sess op l
r l
U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Washington, DC 20555
~
S. N AME AND AOORESS OF DONT R ACTOR sNo...arves. cosenty. asese end 2.Ar Code) qg) 9A. AMENOMENT OF SOLlGIT Af TON NO.
i RS-AED-90-302
- 99. DATEO (SEE ITEM J J A TO ALL 0FFER0RS AnM1 L 140n loa.
OlFICAtlON OF CON T R ACT/OR DER I
J los. oat LO ISLK ITEM 236
}
CODE l FACILITY CODE
- 11. THIS ITEM ONLY APPLIESTO AMENDMENTS OF SOL! CITATIONS The above numbered solicitation is emended as set forth in item 14. The hour and date specified for receipt of Offers b is exten is not ex.
tended.
Otfors must acknowledge receipt of this amendment prior to the hour and date specified in the soticitetton or es amenced, by one of the following methods:
(el By completmg items 8 and 15.end retuming copies of the amendment: (b) By acknowieoging receipt of this amendment on e.cn copy of the of for submstted: or ict By esperate letter or telegram which includes a reference to the solicitation and amendment numters. F AILURE OF YOUR ACKNOWLEOG.
MENT TO BF RECElVEO AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND OATE SPECIFIEO MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change en offer stresay submitted, such change may be mooe ov teiegram or 17tter.provided each toingram or letter makes reference to the solicitation and this amendmet t.end is rewived priot to the opening hour and date specified.
- 12. ACCOUNTING AND APeROPR6ATION DATA (Jf,eeuves)
- 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTRACT / ORDER NO. AS DESCRIBED IN ITEM 14.
U C ORDER N.
M
' 7,,"A^4f!4 ".W." fad?"Ol'l^N iL'?T#1'e,Wfa'd? 78 T A'MfilafTvTn'n"e'744."^" " ""'" " *""""" '"'"' '""'-
^
C. THi5 eUPPLEMENT AL AGREEMENT 15 ENTEREO INTO PURSUANT TO AUTHOR 4TY OF D.OTHER (specs /y npe of moes/scemen and easshorityJ E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office, le. DESCRIPTION OF AMENOMENT/MOOlF4 CAT 60N (Oreenssed my UCF section Avesings, snesudans sotsc'atetson/contreet outvett metter wner. /es**be.s l
The purpose of this amendment is to amend portions of the solicitation as stated below:
1.
Page 9 C.1.C.1 is deleted in its entirety and the following is substituted in lieu thereof:
1.
The Contractor shall provide up to four (4) front-projection video projectors; gcg.,,o,....e.........in.,ms one coneauons ei in. e.eum.ni r....nc.
in ii.m.A o, s oA..s n.,.i.e.r. cn.ne.a.,.,n.ms unen.ne.e.no an s uii e.,c.
15A.NAME AND TITLE OF $1Gt4ER (Type or print) 46A.NAME ANO flTLE OF CONT RACTING OF FACER IType or prints
/MWboy' 4Alc /d@,
Elois J. Wiggins A
46c.OA TE SiGNEO F AME$R Rv L
4 47/9o 168.UNNITTAT0E ROR v
4 6C. OATE 5sGNED J DB. CONTTI AC5T u
w gj,y)fb BT
<seneewe.t rer.en e.sas, ed e. eens
<senaan.r conemysy ptri<ers vu
i l
Amendment No, i RS-AED-90-302 Page 2 i
2.
Page 10, C.1.C.13 is deleted in its entirety and the.'following is substituted e
in lieu thereof:
- 13. The Contractor shall be responsible for installation and alignment of the video projectors at the TTC facilities., All'TTC cirssrooms are equipped with drop, acoustical ceiling: with approximately 12-18-inches-of open space between the top of the ceiling and the floor above.
Any cables necessary for installation shall be. hidden.
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l SOLICITATION, OFFER AND AWARD Page 1 I
I. This contract is a rated order under OPAS(15 CFR 350) RATING:
- 2. CONTRACT NO.
l3. SOLICITATION NO.
l4. TYPE OF SOLICITATION l
RS-AED-90-302 l
( ) SEALED BID (IFB) l (X) NEGOTIATED (RFP)
- 5. DATE ISSUED l6. REQUISITION / PURCHASE REQ. NO.
l RS-AED-90-302 April 6, 1990
- 7. ISSUED BY CODE l8. ADDRESS OFFER TO l
Cffer must be addressed as shown in U.S.. Nuclear Regulatory Commission l
item 7.
Hand-carried offers (including Div. of Contracts & Property Mgmt.
l Express Mail and delivery services) must Contract Neg. Branch No, I; P-1020 l
be delivered to the address in item 9.
l Washington, DC 20555 i
NOTE: In sealed bic solicitations, " offer" and " offeror" mean " bid" and
" bidder".
SOLICITATION
- 9. Sealed offers ir original and 3 copies for furnishing the supplies or services in the Sc edule will be received at the place specified in Item 8, or l
if handcarried, in -he depository located in Room 1011, 7920 Norftik Avenue, l
Bethesda, MD 20814, until 3:00 P.M. local time on 5/A/00 CAUTIO'l-LATE Submissions, Modif' :ations, and Withdrawals: See Section L, Provi sion No.
52.214-7 or 52. '15-10.
All offers are subject to all terms and conditions contained in th,
- olicitation.
- 10. FOR INFORMATIONl A. NAME:
lB. TELEPHONE NO. (Include Area Code)
CALL:
lCharlene Canter l
(N0 COLLECT CALLS)
(301)492-4282 11.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S) l PART I - THE SCHEDULE A
SOLICITATI:N/ CONTRACT FORM B
SUPPLIES C2. SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT t
D PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DELI'/ERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CCNTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES l
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS I
J LIST OF AT ACHMENTS I
l PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTA IONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 1
INSTRUCTICNS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALUATION ' ACTORS FOR AWARD OFFER (Must be fully completed by offeror)
NOTE:. Item 12 does not apply if the solicitation includes the provision.at 52.2:4-16, Minimum Bid Acceptance Period.
SOLICITATION, OFFER AND AWARD Page 2
- 12. In compliance with the above, the undersigned agrees, if this of fer is accepted within 120. calendar days (120 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS 1.5 %
Net 4
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
A>ENDMENT NO.
DATE AMENDMENT NO.
DATE One 5/2/90 Two 5/2/90 Three 5/4/90 15A, NAME AND l CODE p a wu9 FACILITY l l16. NAME AND TITLE OF PERSCN ADDRESS l Total Audio Visual Services, Inc l AUTHORIZED TO SIGN OFFER OF l 1 Windsor Cove Road l
(Type or print) 0FFEROR l Co l umb i a, SC 29223 l Allan R. Dox, Sales Manager 1
i ISB. TELEPHONE NO. (Include Area l15C. CHECK IF REMITTANCE ADDRESS IS l I ) DIFFERENT FROM ABOVE - ENTER SUCH Code) 803-788-1333 X
l ADDRESS IN SCHEDULE l
gg()9
- 18. OFFER DATE:
- 17. SIGNATURE-4/25/90 AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED l20. AMOUNT l21. ACCOUNTING AND APPROPRIATION l
l
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
( ) 10 U.S.C. 2304(c)( )
( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN l ITEM (4 copies unless otherwise specified) l
- 24. ADMINISTERED BY CODE l l25.PkYMENTWILLBEMADEBYCODE (If other than Item 7) l U.S. Nuclear Regulatory Commission l
Division of Accounting and Finance l
GOV /COM Accounting Section l
Washington, DC 20555 i
- 26. NAME OF CONTRACTING OFFICER l27. UNITED STATES OF AMERICA l28. AWARD (Type or Print) l l
DATE l(Signature of Contracting Officer)'
f 1
IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
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TABLE OF CONTENTS PAGE 3 l
I SOLICITATION, OFFER AND AWARD....................
1 i
TABLE OF CONTENTS..........................
3 l
PART I - THE SCHEDULE........................
7 l
r SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS..........
7 i
B.1 PROJECT TITLE.......................
7 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
7 l
B.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS.......
7 i
i (JUNE 1988) l B.4 SCHEDULE OF PRICES.....................
8 l'
SECTION C - DESCRIPTION / SPECIFICATION................
9
/ WORK STATEMENT C.1 STATEMENT O F WORK.....................
9 SECTION D - PACKAGING AND MARKING..................
11 D.1 PACKAGING AND MARKING (MAR 1987)..............
11 SECTION E - INSPECTION AND ACCEPTANCE................
12 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
12 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987).......
12 t
SECTION F - DELIVERIES OR PERFORMANCE...-.............
13 F,1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
13 F.2 PLACE OF DELIVERY--EQUIPMENT (MAR 1987)..........
13 ALTERNATEI(MAR 1987) l F.3 TIME OF DELIVERY (FAR 52.212-1) ( APR 1984) 13 SECTION G - CONTRACT ADMINISTRATION DATA..............
14 G.1 PROJECT OFFICER AUTHORITY (MAR 1987)............
14 ALTERNATE II (MAR 1987)
G.2 REMITTANCE ADDRESS (MAR 1987)...............
14 i
SECTION H - SPECIAL CONTRACT REQUIREMENTS..............
16 H.1 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
16 H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)..
16-l H.3 ORGANIZATIONAL CONFLICTS OF INTEREST............
16 l
(OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988)
H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE DROVIDED..
18 l
(JUNE 1988) i H.5 WARRANTY OF EQUIPMENT....................
18 PART II - CONTRACT CLAUSES.'....................
19 CONTRACT CLAUSES...................
19 SECTION I 1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,
19 I.2 ORDERING (FAR 52.216-18) (APR 1984)...._......'..
20 I.3 REQUIREMENTS (FAR 52.216-21) (APR-1984)..........
21 I4 DRUG-FREE WORKPLACE (FAR 52.223-6).............
21
-(MAR 1989) 1.5 PROMPT PAYMENT (FAR 52.232-25) (APR 1989)......
23 I.6 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28).-
28 (APR1989)
I' 7 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(JUN 1988).
29 1.8 DELIVERY-0RDER LIMITATIONS (FAR 52.216-19)(APR 1984)....
29a l
1.9-NEW MATERIALS (FAR 52.210-5)(APR.1983)............ 29a
]
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TABLE OF CONTENTS PAGE_4 l
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1.10 WARRANTY'0F SUPPLIES'0F A NONCOMPLEX' NATURE L
(FAR 52.246-17)( APR 190*) ALTERNATE _l '(APR 1984).....
29b f
PART III - LIST OF 00CUMENTS, EXHIBITS. -.........-.....
30 i
AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS....................
30 J.1 ATTACHMENTS (MAR 1987).
30 REPRESENTATIONS AND INSTRUCTIONS............
31 PART IV SECTION-K REPRESENTATIONS, CERTIFICATIONS ANO.,...,.....
31 OTHER STATEMENTS OF 0FFERORS K.1 CERTIFICATE OF INDEPENDENT PRICE..............
31 DETERMINATION (FAR 52.203-2) (APR 1985).
K.2 CONTINGENT FEE REPRESENTATION ANO 32 AGREEMENT (FAR 52.203-4) (APR 1984)
K.3 TAXPAYER IDENTIFICATION (FAR 52.204-3) (SEP 1989).....
33 i
K 4-CERTIFICATION REGARDING DEBARMENT, SUSPENSION,.......
34 PROPOSED DEBARMENT, ANO OTHER RESPONSIBILITY
~ MATTERS (FAR 52.209-5) (MAY 1989)
K.S.
TYPE OF BUSINES$ ' ORGANIZATION (FAR 52.215-6) (JUL 1987)..
35 K6 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984).....
35 K.7 SMALL BUSINESS CONCERN REPRESENTATION...........
36 (FAR 52.219-1) (FEB 1990)
K.8 SMALL DISADVANTAGED BUSINESS CONCERN...........
36 REPRESENTATION (FAR 52.219-2) (FEB 1990)
K.9 CONTRACTOR REPRESENTATION (FIRMR 201-32.205.2).......
36a J
K.10 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.........
37
.(FAR 52.219-3) (APR 1984)
K.11 PREFERENCE FOR LA80R SURPLUS AREA CONCERNS.........
37 (FAR 52.220-1) (APR 1984)
K.12 WALSH-HEALEY PUBLIC CONTRACTS ACT.............
38 REPRESENTATION (FAR 52.222-19)-(APR 1984)-
K.13 CERTIFICATION OF NONSEGREGATED FACILITIES 38 (FAR 52.222-21) (APR 1984) 4 K.14 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.........
39
.(FAR 52.222-22) (APR 1984) i K.15 AFFIRMATIVE ACTION COMPLIANCE,
39 (FAR 52.222-25) (APR 1984)
~
K.16 CLEAN AIR AND WATER CERTIFICATION.............
39 (FAR 52.223-1) (APR 1984)
K.17 CERTIFICATION REGARDING A ORUG-FREE WORKPLACE.......
40 I
(FAR 52.223-5) (MAR 1989) l K.18 BUY AMERICAN CERTIFICATE..................
42 4
(FAR 52.225-1) (APR 1984)
K.19 NOTICE OF RESTRICTIONS ON CONTRACTING WITH.........
42 SANCTIONED PERSONS (FAR 52.225-12) (MAY 1989)
K.20 COST ACCOUNTING STANDARDS NOTICES ANO...........
43 L
CERTIFICATION (NONDEFENSE) (FAR 52.230-2) (SEP 1987)
K.21 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST......
44 L
REPRESENTATION K.22 CERTIFICATION REGARDING DEBARMENT STATUS (JUNE 1988)....
45 K.23 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988)......
45 K.24 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988)...
45
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TABLE OF CONTENTS PAGE 5 i
SECTION L - INSTRUCTIONS, CONDITICNS, AND NOTICES..........
47 TO OFFERORS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
47 BY REFERENCE L.2 CONTRACTOR ESTABLISHMENT CODE (FAR 52.204-4) (AUG 1989)..
47 L.3 TYPE OF CONTRACT 48 L.4 SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988).........
48 L.5 SOLICITATION PROVISIONS INCORPORATED BY..........
48 REFERENCE (FAR 52.252-1)(JUN1988)
L.6 ESTIMATED DURATION (JUNE 1988)...............
49 L.7 ACCEPTANCE PERIOD (MAR 1987)...... -..........
49 L.8 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION..
49 (MAR 1987)
L.9 AWARD NOTIFICATION AMD COMMITMENT OF PUBLIC FUN 05.....
49 i
(JUNE 1988)
L.10 DISPOSITION 0F PROPOSALS (JUNE 1988) 50 L.11 PROPOSAL PRESENTATION AND FORMAT 50 L.12 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987)..
51 L.13 TIMELY RECEIPT OF PROPOSALS / BIDS (JUNE 1988)....,...
51 SECTION M - EVALUATION FACTORS FOR AWARD...............
52 M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....
52 BY REFERENCE M.2 CONTRACT AWARD AND EVALUATION OF PROPOSALS (JUNE 1988)...
52 ALTERNATE II (JUNE 1988)
M.3 OPERATIONAL CAPABILITY DEMONSTRATION (OCD).........
53 t
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OFFER 0RS/ BIDDERS PLEASE NOTE:
t-An (*) means the information is to be incorporated into any resultant contract.-
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i Page'7 RS-AED-90-302 Section B s
PART I - THE SCHEDULE l
SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 PROJECT TITLE The title of this project is as follows:
Video Projection Systems for the' Technical Training Center Classrooms (End of Clause)
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
Provide and install up to four very high definition computer graphics projection systems (video projectors) for video and CGA, EGA, VGA, SVGA, PGA and specialized simulation and CAD / CAM graphics applications.
(End of Clause) l l
i B.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (JUNE 1988) a.
The total estimated amount of this contract.(ceiling) for I
the products / services ordered, delivered, and accepted under this l
contract is -- *--.
The Contracting Officer may unilaterally
-increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
b.
The amount presently obligated with. respect to this contract is -- *--. The Contracting Officer may issue. orders for
_ work up to amount presently obligated. -This obligated amount may be-unilaterally increased from time to time'by the Contracting Officer.
by written modification to this contract. The obligated amount shall, at no time, exceed.the contract colling as specified in i
paragraph' a above. When and if the amount (s) paid and payable, to the Contractor hereunder shall: equal the obligated amount, the
i-1 Page 8 RS-AED-90-302 Section.B Contractor shall not be obligated to continue performance of'the l
work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligated amount specified above is done so atLthe Contractor's sole risk.
(End of Clause) i>
j B.4 SCHEDULE OF PRICES The deliverables as required herein shall be provided at the following prices:
i i
UNIT TOTAL DESCRIPTION OTY UNIT PRICE AMOUNT 1.
Video Projectors.
4 ea.
t 2.
Installation & Alignment 4
ea.
3.
Original Equipment
-Manufacturar's Warranty Yrs.
4 TOTAL ESTIMATED AMOUNT (End of Clause) l l
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RS-AED-90-302 Section C SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT h
C.1 STATEMENT OF WORK l
A.
BACKGROUND The NRC Technical Training Center (TTC) lor:1.ed in Chattanooga, Tennessee provides technical training for NRC personnel.
The training curriculum encor. passes a wide spectrum of' topics ranging from reactor technology and' operations to health physics-Training.is primarily accomplished utilizing conventional classroom presentations'and full-scope control room simulators.
The TTC is in the process of adding high technology enhancements to its training programs.
These enhancemerits include interactive. computer simulations et power plant phenomena displayed through high-resolution graphics, interactive videodisc systems and commercially prepared video tapes.
In support of these improvements, the TTC intends to equip its primary classrooms with vie:eo projection-systems' capable of accepting and switching inputs.from a variety of sources including extremely high definition (1280 x 1024 pixels), computer generated graphics and projecting the information on a large. screen (Faberboard) in a classroom under ambient light conditions.
B.
OBJECTIVE The Contractor shall provide and install video projectors 'in up to four (4) TTC classrooms.
C.
SCOPE OF. WORK / MANDATORY SPECIFICATIONS
~
The Contractor shall provide very high definition computer graphics projection systems (video projectors) for video and CGA, EGA,' VGA, SVGA, PGA and specialized simulation and CAD / CAM araphics applications capable Of meeting all: requirements. specifically listed in the delineation.of tasks below:
I.
L 1.
.The Contractor shall provide up to four (4) video-projectors; 2.
The video projectors must have the capability to automatically lock horizontal scan frequencies of 15-75 kHz; 3.
The video projectors shall have'the capability to'.
automatically lock vertical. scan frequencies of 45-120 Hz;-
4.
'The video projectors shall.have an RGB bandwidth of 70 MHz;
7 Page 10 l
l RS-AED-90-302 Section C i
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!5.
-The video projectors shall'have a resolution of 1280 x l
1024 pixels (non-interlaced);
I
, 6.
The video projectors shall be capable of accepting; (1) video input signals with auto sensing from NTSC 3.58,-NTSC 4.43, PAL or SECAM; (2) RdB.
l TTL with auto sensing for CGA and EGA and, (3) RGB analog with auto sensing of. composite sync, separate horizontal and vertical sync or -sync on green.
7.
The video projectors shall have a minimum rated light output of 400 lumens; 8.
The video projectors shall be capable of projecting an
. image which will fill-an 8-foot wide projection screen; L
9.
The video projectors shall be capable of selecting inputs L
from a minimum of four video sources.
These include 1/2 inch and 3/4 inch video tape machines (either composite video or RGB),
Videodisc player and high resolution computer generated graphics (1280 x 1024);-
10.
The video projectors shall be equipped with full-function, infrared remote control units capable of a full range of controls, including selection of sources;
~
11.
The video-projectors shall be equipped with microprocessor controls providing features such as full zone digital convergence, diagnostics and memory. All of these features must be controlled from the full function remote; 12.
The video projectors shall be configured for ceiling mounting and possess appropritte keystone correction circuits; 13.
The Contractor shall be responsible for installation and alignment of the video projectors at the TTC facilities; 14.
The Contractor shall provide all requisite installation i
I hardware and appropriate mounting instructions for ceiling mount of the video projectors; I
15.
The Contractor shall install the video projectors onto the ceiling mounts in the TTC classrooms and perform any required calibrations and alignments, j
NOTE: The NRC Technical Training Center classrooms will be equipped witn electrical outlets above the suspended ceiling at the projector locations.
i The Contractor-provided mounting hardware will be installed by GSA building maintenance personnel.
]
(End of Clause)
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i Page 11 RS-AED-90-302 Section 0 l
SECTION O - PACKAGING AND MARKING r
0.1 PACKAGING AND MARKING (KAR 1987) l The Contractor shall' package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe i
delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight t
Classification Rules, or regulations of other carriers as applictble to the mode of tr6nsportation. On the front of the package, the Contractor shall clearly identify the contract number under which '
the produact is being provided,
~
(End of Clause)
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RS-AED-90-302 Section E l
4 SECTION E - INSPECTION ANO ACCEPTANCE i
4 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE l
. NOTICE:
The following solicitation provisions and/or contract clauses pertinent to-this section are hereby incorporated by i
reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) i NUMBER
.DATE TITLE 52.246-2 JUL 1985. INSPECTION OF SUPPLIES -- FIXE 0-PRICE 52.246-4 APR 1984 -INSPECTION OF SERVICES -- FIXE 0-PRICE 52.246-16 APR 1984 RESPONSIBILITY FOR SUPPLIES E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be
~
furnished hereunder shall be made by the Project Officer at the l
destination.
(EndofClause)-
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RS-AED-90-302 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorpo*ated by reference:
FEDERALACQUISITIONREGULATION(48CFRCHAPTER1)
NUMBER DATE TITLE 52.212-13 AUG 1989 STOP-WORK ORDER 52.247-34 APR 1984 F.O.B. DESTINATION 52.247-54 MAR 1989 DIVERSION OF SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS F.2 PLACE OF DELIVERY--EQUIPMENT (MAR 1987)
ALTERNATE I (MAR 1987)
The items to be furnished hereunder shall be delivered.1with all charges paid by the Contractor, to:
U.S. Nuclear Regulatory Commission Contract Number:
Technical Training Center Osborne Office Center Chattanooga, TN 37411 (End of Clause) l F. 3 TIME OF DELIVERY (FAR 52.212-1) (APR 1984)
(a) The Goverament requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE i
9N OR BEFORE ITEM NO.
QUANTITY
'DATE SPECIFIED All All Within 45 days after order issue-The Government will evaluate equally, as regards time of delivery, offers that propose' delivery of each quantity within the applicable-delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may not be considered for award. The Government reserves the right to award under either the required delivery -
schedule or.the proposed delivery schedule, when an offeror offers-1 an earlier de j
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- 3 p
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/
OFFER 0R'SL' PROPOSED ~0ELIVERY SCHEDULE-WITHIN DAYS AFTER ITN NO.
QUANTITY DATE 0F CONTRACT.
e I
. (b) Attention 11s ' directed to the Contract Award provision of.the solicitation that. provides that.a written award or acceptance ef ~
F offer mailed, or otherwise furnished to the successful offere.'
results in a binding contract. The Government will mail or othenvise furnish to,the offeror an award.or notice of award not later. than the day award is dated..Therafore, the offeror should compute the time:available-for performance beginningzwith the actual date of award, rather than the date the written notice of award is-received from t' e Contracting Officer through the ordinary mails.
n
>However,.-the Government. will. evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by-adding five days for delivery of the award through the ordinary mails.'. -If, as so computed, the offered delivery date is-later than the required delivery date, the offer will be considered nonresponsive and rejected, i
(End of Clause) i l
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Page-14 RS-AED-90-30P Section G 1
SECTION G - CONTRACT ADMINISTRATION DATA
.)
i G.1 PROJECT OFFICER AUTHORITY (MAR 1987)-
ALTERNATE II (MAR 1987)-
a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Address:
Telepbw e Number:
b.
The Project Officer is responsible for:
- 1) Monitoring Contractor performance and recommending to the Contracting-Officer-changes in requirements.
- 2) Inspecting and accepting products / services provided undar the contract.
3)_ Reviewing all Contractor invoices / vouchers requesting-payment for products / services pre.vided under the contract!and making recommendations for approval, Stsapproval, or suspension.-
c.
The Project Officer is not authorized =to'make changes to the express terms and conditions of this contract.
(End of.' Clause)'
G.2 REMITTANCEADDRESS(MAR 1987)
If item 150, of the Standard. Form 33 has been checked, enter the remittance address below.
N&me:
I Address:
J 1
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Section G-
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RS-AED-90-302'.
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Section H 0f i
SECTION H' :SPECIAL' CONTRACT REQUIREMENTS
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H.1 SAFETY,': HEALTH,i NO FIRE PROTECTION _(MAR 1987).
A c
[
The! Contractor shall.take all reasonable precautionstin the 6
performance-of the work under this contract to protect the health
(
and: safety.:of. employees'and of members'of thetpublic!and'to minimize l:
danger from-al1-hazards;to life and property and shall comply with -
{
'all applicable health,(safety,.and fire. protection regulations and i
requirements-(including reporting requirements) of the Commission k
and the Department of Labor.
In the event that-the Contractor fails
[
to comply with these regulations or. requirements, the Contracting Officer,.may,1without prejudice to any other 1_egal or contractual rights of the Commission, issue.an order stopping all-'or any part of the work;- thereafter, a start ' order for resumption of work ~may be
[
issued at.-the discretion ofcthe ~ Contracting Officer.
The Contractor shall make no claim for an extension of time or for compensation or e
damages'-by reason of orJin connection.with such work stoppage.
(End of Clause)-
H.2'
. PRIVATE USE OF CONTRACT INFORMATION' AND DATA (JUNE 1988) y l
.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 F
performance <of this contract shall be used only in-connection with the work under this contract.
I
-(End of Clause) g I~
H.3' ORGANIZATIONAL CONFLICTS.0F INTEREST
-(OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) i Ja.
Purpose.
The primary r,urpose of'this clause.is to aid in l-ensuring that the Contractor:'
w[
1)
Is not placed in a conflicting role because of current or
' planned interests (financial, contractual, organizational, or otherwise) which relate to.the work un".or this contract, and
- 2) Ooes not obtain an. unfair: competitive advantage over other ' parties by. virtue of its. performance of this contract.
b.
' Scope.
The restrictions described apply toiperformance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in
.the activities. covered by this clause.
c.
Work'for others..Notwithstanding any~other provision of.
.this' contract,.during the. term of this contract, the Contractor =
d.
- --.- ~.
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-Page 17 o
l RS-AED-90-302 Section H l
L agrees to forgo entering into consulting or-other contractual.
arrangements with any firm or organization, the result of which may i
L 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 believes with respect-to. itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of j
interest, the Contractor shall obtain the written approval of the
~
Contracting Officer prior to execution of such contractual arrangement, d.
Disclosure after award, j
- 1) The Contractor warrants to the best of its knowledge.and-
]
belief, and except as otherwise set forth in this contract, that it r
does'not have any. organizational conflicts of interest, as defined in-41 CFR 20-1.5402(a)'.
- 2) The Contractor agrees thatt if after award, it discovers j
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
+
l' avoid or mitigate such conflicts.
The NRC'may,thowever, terminate the contra:t if termination is in the best interest of--the Government.
. 1 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,Lpolicies,-reports, l
studies, financial plans,. internal data protected by.the Privacy Act l
of 1974 (Pub. L.93-579), or data which' has not been released to the-public, the Contractor agrees not to:
(i)'
Use this information for any-private purpose: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 (6)_ months after eithe'r the' completion.of this contract or the release of the :information.to the public, whichever is first;;
l
.(iii) Submit an unsolicited proposal to the Government' I
1
-based on the information untilfone year after the release'of the L
information to the publich or
?
L (iv) Release the information without prior; written approval by the Contracting Officer unless the information has.
previously been rele'ased to:the public by the NRC.
~
- 2) In addition',-the Contractor. agrees'that.to the.extentiit
. receives' or isigiven access:to proprietary. data,- data: protected :by
.'the Privacy: Act of 1974 L(Pub. LL 93-579), or other confidential or'.
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i-I Page 18 RS-AE0290-302 Section H privileged technical,:busine'ss, orLfinancial information under this.
contract, the Contractor shall-~ treat the_information in:accordance iwith restrictions:placed on use~of the information, i
3): The Contractor.shall. have',. subject to patent and: security.
provisions of this contr_act, the right.to use technical data it
~
produces under this contract for private purposes provided.that.all requirements of. thin contract have been met.
I Subcontracts. 1Except as provided in 41 CFR 20-1.5402(h),
' f.'
the Contractor shall-include;this clause, including this paragraph, i:
in subcontracts of any. tier.
The-terms " contract," '! Contractor,"
q j'.
' and " Contracting Officer,"lmust be. appropriately modified to h
preserve the Government's' rights.
g.
Remedies.
For.breachsof,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 1the contract for default, disqualify the
~
. Contractor from subsequent contractual efforts, and pursue other 1
remedies ^ permitted by law or this. contract, e
-h. -Waiver. ; A request for waiver under this clause must be
. directed:in. writing-throughithe Contracting Officer to the Executive
-Director for Operations-(EDO) in accordance with the procedures outlined in'41:CFR 20-1.5411.
j (End of Clause)
H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED i.-
(JUNE 1988).
The. Government will not:provids'any equipment / property under
.this contract.
3 (End of Clause)'
H. S WARRANTY OF EQUIPMENT The contractor warrants all equipment a,1d components provided I
under this. contract in accordance with the Original Equipment i
Manufacturer (OEM) warranty.' However, in no instance, shall the I
warranty period beifor less than 1 year from the date of acceptance
-by.the Government.
I-
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~Section G l
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'Page 16; RS-AED-90-302-Section H' qj SECTION H - SPECIAL CONTRACT REQUIREMENTS 1
H.1 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)
The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the 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 J
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 Of ficer, may, without. prejudice: to any' other ~ legal or contractual-rights of the Commission, issue an order stopping all or any:part of~
the work; thereafter, a start order for resumption of work may be i
issued at the discretion-of'the Contracting.0fficer. >The Contractor shall make'no claim for an extension of time or for compensation or-damages by reason of or-in connection with such work stoppage.
4 (End of Clause)-
H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the-Contractor in the performance of this contract shall be used-only in connection with the work under this contract.
(End.of Clause) j H.3 ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) 1 a.
Purpose. The primary purpose of this clause.is to aid in ensuring that.the Contractor:
.l 1)
Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational,.or -
1 otherwise) which relateLto the work under this contract, and' 2)- Does. not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
'b.
Scope. The restrictions-described apply.to1 performance or participation by the Contractor as defined.in-41 CFR 20-1.5402(f) in the activities covered by this clause'.
~
c.
Work for others. Notwithstanding any.other'prov'ision of
.this contract', during the term' of this contract,' the. Contractor-j
.. xy.
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3
)
Page 17 RS-AED-90-302 Section H i
agrees to forgo entering into consulting or other contractual.
arrangements with any firm or organization, the result of.which may give-rise to a conflict of interest with respect to the. work being performed under this contract.
The Contractor shall ensure that all employees under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any employee that any proposed consultant or other contractual arrangement with i
any firm or organization may involve a potential conflict of-
-j interest, the Contractor shall obtain the written approval of the j
Contracting Officer prior to execution of such contractual:
1 arrangement.
d.
Disclosure after award.
q l
- 1) The Contractor warrants to the best'of its knowledge and-belief, and except as otherwise set forth in this. contract, that it does not have any organizational conflicts of interest, as defined l
l in 41.CFR 20-1.5402(a),
q
- 2) The Contractor agrees that, if after award, cit discovers-1 organizational conflicts of interest with. respect.to this contract, it shall make an immediate and full disclosure in writing toLthe Contracting Officer.
is statement.must include a description of-the action which the Contractor has taken or proposes to-take to i
avoid or mitigate such conflicts. The NRC'may, however, terminate the contract if termination is in the best interest of the-l Government.
1 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,1 reports, studies, financial plans, internal data-protected by the Privacy Act~
j
~
j of 1974 (Pub. L.93-579), or data-which has.not been released to thef public, the Contractor agraes not to i
(1)
Use this information for any private. purpose until the information has been released to the public-(ii) Compete for wo k'for. the Co'mmission based on the f'
information for a period of-six (6) months after either the '
completion of this contract or the release of the 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 witho' ut prior written approval by the ' Contracting Officer unless the 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,fdata! protected by K
the Privacy-Act of 1974~-(Pub. L.93-579), or other confidential or y
m 4
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a id
- Page-18 1
RS-AED-90-302
..Section H I
i i
privileged technical, business, or financial: information under this.
contract, the Contractor shall treat the,information in accordance i
with restrictions placed on use of the information.
l 1
- 3) The Contraccor 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 i
requirements of thi:. contract have been met.~
l f.
Subcontracts.
Except as provided in 41 CFR 20-1.5402(h),
-)
the Contractor shall include this clause, including this paragraph, d
in subcontracts of any tier. The terms " contract," " Contractor,"
d and " Contracting Officer," must be appropriately modified to j
preserve the Government's rights.
)
i g.
Remedies. -For breach ofiany 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 i
Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR 20-1.5411, i
(End of Clause)
H4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED' (JUNE 1988) j The Government will not provide any equipment / property-under j
this contract.
j (End of Clause) j H. S WARRANTY 0F EQUIPMENT The contractor warrants all equipment and components provided
.)
under this contract in accordance with the Original Equipment-Manufacturer (OEM). warranty. l However,. in no instance, sha'll - the '.
i warranty period be for less than IDyear from.the.date of icceptance by.the' Government.
(End of Clause).
1 l
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Page 19 RS-AED-90-302 Section I PART II. - CONTRACT' CLAUSES SECTION I CONTRACT CLAUSES-I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions:and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48'CFR CHAPTER 1)-
NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS' 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT?
52.203-3 APR 1984 GRATUITIES 52.203-5 APR.1984 COVENANTfAGAINST CONTINGENT FEES' 52.203-6 JUL 1985-RESTRICTIONS ON SUBCONTRACTOR-SALES T0;THE GOVERNMENT' 52.203-7 OCT 1988 ANTI-KICKBACK' PROCEDURES 52.209 MAY11989 PROTECTING!THE GOVERNMENT'S.
INTEREST WHEN, SUBCONTRACTING -
WITH CONTRACTORS DEBARRED, 1
SUSPENDED, OR PROPOSED FOR-DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1988 AUDIT -- NEGOTIATION ~
52.215-26 APR 1987 ' INTEGRITY OF' UNIT PRICES-52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-
-OWNED SMALL BUSINESSES' 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-20 APR 1984L WALSH-HEALEY PUBLIC i CONTRACTS ACT
-52.222-26 APR 1984. EQUAL OPPORTUNITYL
^
'52.222-35 APR:1984-AFFIRMATIVE: ACTION'FOR SPECIAL' DISABLED AND VIETNAM ERA VETERANS 52.222-36 ~APR 1984 AFFIRMATIVE ACTION'FOR HANDICAPPED WORKERS-52.222-37 JAN'1988 EMPLOYMENT REPORTSiON1SPECIAL DIF ABLED VETERANS' AND ' VETERANS
- r d VIETNAM' ERA 52.223-2 APR 1984'
_ AN AIR AND' WATER 52.225-3 JAN 1989 BUY AMERICANLACT -- SUPPLIES f
__3 y
.RS-AED-90-302' Section I-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 PATENT-AND COPYRIGHT INFRINGEMENT-I 52.227-3 APR'1984 PATENT INDEMNITY; 52;228-5-' APR 1984 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION -
52.229-3 APR 1984 FEDERAL, STATE,: AND LOCAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN
~U.S. POSSESSIONS OR PUERTO RICO 52.232-1
'APR 1984 PAYMENTS 52.232-8 APR.1989 DISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 'APR 1984 INTEREST-52.232-23 JAN 1986 ' ASSIGNMENT OF CLAIMS 52.233-1 APR-1984 DISPUTES ALTERNATE I (APR.1984) 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION-52.243-1 AUG 1987 CHANGES -- FIXED PRICE-ALTERNATE II (APR 1984) 52.244-5' APR 1984 ~ COMPETITION-IN SUBCONTRACTING.
52.245-2
-APR 1984 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) 52.245-4 APR 1984 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) 52.246-23 APR 1984 LIMITATION OF-LIABILITY-52.246-25 APR 1984~ LIMITATION-OF LIABILITY -- SERVICES-52.249-2 APR 1984 TERMINATION FOR CONVENIENCE--
0F'THE GOVERNMENT (FIXED-PRICE) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND' SERVICE)'
I.2 ORDERING (FAR~ 52.216-18)'( APR 1984)-
(a) Any supplies and services to be furnished 1under this contract shall be ordered.by issuance of delivery orders by the-individuals i
or activities designated in the' Schedule.
Such-orders may:be issued from the effective date of the contract through the end of_the:
effective period.
(b) All delivery orders are subject to the terms and conditions,of this contract.
In the event of conflict;between a delivery order
~
and this contract, the contract'shall control.
(c) If mailed,'a delivery' order-is considered " issued" when the J
Government deposits the order in the mail. Orders 1may be'. issued.
orally or by written telecommunications only if authorized 1n the
- Schedule, i
(End of Clause) i i
i s f) ' <*
1 a
)
4
,a.
Page 21 RS-AED-90-302 Section I t
I.3 REQUIREMENTS (FAR 52.216-21) (APR 1984)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated..in _the Schedule. The i
quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.
Except as
!i this contract may'otherwise provide, if the Government's
'i requirements do not result in orders in the quantities-described as
" estimated" or " maximum" in the-Schedule,_that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery 'or performance shall_be made only as' authorized by l
orders issued in accordance with the Ordering clause.
Subject to j
i any limitations in the Delivery-Order Limitations' clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause.
1 The Government may issue orders requiring delivery to multiple-destinations or performance at multiple locations.'
)
(c) Except as.this contract otherwise provides, the Government t
shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities'specifi.ed in the Schedule.
J 1
J (d) The Government is not required to purchase from the_ Contractor requirements in excess of any limit on total orders under this-contract.
)
i
~
~
(e) If the Government urgently requires delivery:of any.qu.antity of an item before the earliest date that delivery may beJspecified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire 1
the. urgently required goods or services from another source.
i L
(f) Any order -issued during the effective' period of this contract l
ind not completed within'that period shall be completed.byfthe..
i Contractor within the time specified 'in the order.
The contract i
shall govern the Contractor's and Government's rights and--
o obligations with respect to that: order to the,same extent as if the order were completed during the contract's-effective period; provide >, that the Contractor _shall not_be required to make any i
deliverW under this contract af ter 6 months' after expiration.
(End of Clause)
-i l-LI. 4 ORUG-FREEWORKPLACE(FAR 52;223-6)
(MAR 1989) 1 (a) _ Definitions. As used in this clause, " Controlled Substances" means a controlled substance in? schedules ~I'throughtV of section 202
~
of.the Controlled Substances.Act (21 U.S!C. 812) and as further.
defined in regulation at 21'CFR 1308.11-1308.15.
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,~
Page 22 RS-AED-90-302.-
Section I
.j l
" 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-i Federal or State criminal drug statutes.'
{
-l
" Criminal drug statute" means a Federal.or non-Federal criminal l i
statute-involving the manufacture, distribution, dispensing-possession or use of any controlled substance.
j i
'" Drug-free workplace" means a site for the' performance of work
.j done in connection with a specific contract at which employees of-the Contractor are' prohibited from engaging in the unlawful ma'ufacture, distribution, dispensing, possession,'.or use of a l
controlled substance.
" Employee" means an employee of a' Contractor directly engaged in the performance of work under a Government contract.
]
" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.
)
(b) The Contractor, if other than an-individual, shal.1-l (1) Publish 'a statement notifying its employees:that the l
unlawful manufacture, distribution, dispensing,. possession, or_use-of a controlled substance is _ prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about-(1)
The dangers of drug abuse in the workplace; j
(ii) The contractor's policy of' maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; -and (iv) The' penalties that'may,be imposed upon employees for drug abuse violations occurring in the workplace.
(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 subparagraph (b)(1) of this clause, that_ as a condition of continued employment on this contract, the employee will-
~
(i)- Abide by the terms of. the statement; Land
[>
conviction for a violation occurring in the workplace not later than (11) Notify the employer' of_ -any criminal drug. statute -
h
- 0
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8 I'
l
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.Page 23 L
RS-AED-90-302 Section I five (5) days after such conviction.
(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 l
drug abuse violations. occurring-in the workplace:
~
(i) Taking appropriate personnel action against such employee, up to and including termination; or j
(ii) Requira such~ employee to= satisfactorily participate in a drug abuse assistance or rehabilitation: program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
3 (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of 1
this clause.
j (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,J pursuant to FAR' 23.506,.
+
l render the contractor subject to suspension of contract payments,.
1 termination of the contract for default, andt suspension or-debarment.
(EndofClause)
I.5.
PROMPT PAYMENT (FAR 52.232-25)~(APR 1989)
Notwithstanding.anyotherpaymentclausein$hiscontract,the l
Government will make invoice payments and contract financing payments _under the terms'and conditions specified in this clause.
l Payment-shall-be considered as being-made on' the day a check-is L
dated or an electronic funds transfer is made.
Definitions'of.
1 pertinent terms are set forth in-32.902.. All. days. referred-to in
-l this clause are calendar days, unless otherwise specified.
The' term J
" foreign vendor" means an incorporated concern not'. incorporated in -
-l the~ United States, or unincorporated concern'having its principal.
place of business outside the' United States.
.)
(a) Invoice-Payments.
J (1) For purposes c' this< clause, " invoice payment" means a 9
'i-
4 Page 24 RS-AED-90-302-
.Section 1 Government disbursement of monies to a Contfactor 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 o
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 invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed-to have occurred on-the effective date ofsthe contract settlement.
However,cif the 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 af ter the date the Contractor's invoice is dated, provided a proper invoice-is rcraived and there is no disagreement
(
over quantity, quality, or Contractor compliance with contract requirements.
(3) The due date on contracts for meat and. meat food products, I
contracts for. perishable agricultural commodities, contracts for 1
dairy products, edible fats or oils, and food' products prepared from-edible fats or oils, and contracts not requiring submission of an l
invoice shall be as follows:
o
- 1 (1) The due date for meat and meat food products, as defined in section 2(a)(3) of the Packers and.Stackyard Act of-1921 (7 ~
- 1 U.S.C.182(3)) and further defined in Pub. L.98-181 to. include -any i
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 dayf after product delivery.
.(ii) The due date for perishable agricultural commodities, as
.l 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 sp.cified in the zcontract.
(iii) The due date for-dairy ' products, as defined in Section' 111(e) of the Dairy Production-Stabilization Act of 1983 (7-U.S.C 4502(e)), edible fats or oils, will be as close as possible to, but not later than, the 10th day after the date on which a proper invoice 1has-been received.-
i (4) An invoice-is the Contractor's billior written request for payment under the' contract for supplies-delivered or service's
- . 3
,7 l
Page 25=
RS-AED-90-302 Section I 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)(1) 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 otis, 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) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for supplies delivered or services peiir.med (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 paymen_t 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 informatii;n or documentation required by other requirements of the. contract (such as evidence of shipment).
(5) An interest penalty shall te paid automatically by.the Government, without request from the Contractor, if payment is not mad - :y the due date and the conditions listed in subdivisions (a)(5)(i) through (a)(5)(111)'of :his clause are met,- if applic.able.
An interest penalty-shall not be paid on contracts awarded to-foreign.. vendors outside the United States for sork performed outside the United States.
(i) A proper invoice was received by the designated billing-office.
(ii) A receiving report-or other Government tjocumentation authorizing payment was processed and there was'no.d uagreement over quantity, quality, or contractor compliance with any contract term; or condition.
J
Page 26' RS-AED-90-302 Section I-i
- i
)
(iii) In the case of a final invoice for'any balance of funds'
)
due the Contractor for supplies delivered or services; performed, the-l l
amount was not subject to further contract settlement actions between the Government and the Contractor.
. (6) The interest penalty shall be'at.the rate established by the i
Secretary of the Treasury under Section 12 of the Contract Disputes 1
Act of 1978 (41 U.S.C. 611) that is in 'effect' on the day after the 1
due~ date, except where the interest. penalty.is prescribed.by other i
governmental authority. This ra n is referred to as the J
" Renegotiation _ Board Interest Rate," and it is 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.incrementsL inclusive'from the first day after the due date through-the payment date.
That-is, interest accrued-at the end ofcany 30-day period will be added to the approved invoice payment amount and be subject to interest. penalties if not paid in the succeeding.30-day period.
j
~
If the designated billing office failed tol notify the contractor of-l a defective invoice within the periods prescribed in subparagraph ~
(a)(4) of this clause, the'n the due date fon 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 adjust'ed due date.
Adjustments will be made by the designated payment office for errors in calculating interest penalties, if' requested by the Contractor.
j (1) For the sol'e purpose of computing an interest penalty that might b.' due the contractor, Government:acceptancejshall be deemed to have occurred constructively on the 7th day af ter 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:eventethat actual-acceptance occurs within the: constructive acceptance. period, the determination of an interest penalty, shall be based on the' actual date of acceptance.
The constructive acceptance: requirement does-not, however, compel Government officials to accept suppl.ies or
- services, perform contract administration functionsc or make: payment prior to fulfilling.their responsibilities, j
(ii) The following-periods ofLt'ime wil.1 not be included in the determination of~an-interest penalty:
T (A) The period taken to notify the contractor.of defects-in invoices submitted to ths Government, but this-may not exceed 7 l
days (3 days for meat and meat food-products and 5 days-for perishable agricultural commodities, dairy: products, edible fat or o.ils, and food products prepared from edible fats or oils).
-(B) The: period between the defects: notice and resubmission
~
L-of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue'after
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.m Page 27 RS-AED-90-302.
- Sect 1on-I-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 d
payment amount or other issues involving contract compliance or on l
amounts temporarily withheld or retained in accordance with the-terms of the_ contract. Claims involving-disputes, and any interest j
that may be payable, will be resolved in accordance with the clause-1 at 52.233-1, Disputes, j
J' (7) An interest penalty shall also' be paid automatically-by the <
designated payment office, without -request from _ he contractor, if a t
discount for prompt payment is taken improperly.'
The interest _
-l penalty will be calculated as described in subparagraph (a)(6).of this clause on.the amount of-discount taken for the period-beginning with the first day after the end of the discount period through'the-date when the Contractor:is paid.
(8) If this contract was awarded on or after October 1, 1989, a l
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:-
(1) Is owed an interest penalty; (ii) Is not paid the interest penaltyJwithin 10 days.after 1
the date the invoice amount is paid; and (iii) Makes a written demand,'not later than 40 days lafter the date the invoice amount is paid, that the agency pay:such a
~
penalty.
~
(b) Contract Financing Payments.
i (1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under.a-i contract clause or-other authorization prior to acceptance of supplies or services by the Government.
Contract; financing. payments.
j i
include advance payments,'. progress payments-baseo cn cost under the clause at 52.232-16, Progress Payments, progress. payments. based.on a
~
L percentage or stage of completion (32.102(e)(1)) _other than thosa J
l-made under the clause at 52.232-5, Payments Under Fixed-Price _
Construction Contracts, or the clause at-52.232-10, Payments'Under u
L Fixed-Price Architect-Engineer Contracts, and interim payments"oni cost type contracts.
(2) For contracts that provide for. contract financing, requests h
for payment shall be submitted to the designated billing office as:
1 L
specified in this contract or as directed by the' Contracting l
Officer. Contract -financing payments shall.be made on the 30th = day H
after receipt of a proper contract financing request by the" designated billing office.
In the event that an audit'or other 1
review of a specific financing request is. required to ensure ij l
a
+
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- Page 28' RS-AED-90-302 Section I--
compliance with the terms and conditions of.the contract, the
~
designated payment office is not compelled to reake payment by the due date specified.
(3) For advance payments', loans,'or'other arrangements that do not involve recurrent 1 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 C1ause)
I.6 ELECTkONIC FUNDS. TRANSFER PAYMENT METHODS (FAR 52.232-28)
(APR'1989)
Payments under this contract will be made'by the Government either_-
by check or electronic funds transfer (through-the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing = House (ACH), at
,0 the option of the Government.
After award, but no-later than?l4 days before an invoice or contract financing request'is; submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payment, and shall. submit this designation to.the 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 L
institution' receiving payment.
(2) The American Bankers Association 9-digi _t' identifyi_'ng n' umber for wire transfers of the financing institution receiving 'paymentLif the institution has access to the Federal: Reserve Communications-System.
(3) Payee's. account number at the. financial institution where i
funds are to be transferred.
l (4) If the financial-institution does not have access tocthe Federal' Reserve Communications, System, name,' address,1and-telegraph.ic abbreviation of the correspondent financial institution through which the financial institution'~ receiving payment obta_ ins-wire transfer activity.
Provide the telegraphic abbreviation and j
the American Bankers Association identifying. number for.the correspondent institution.
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(b) For-payment through ACH, the' Contractor shall provide the-l 1
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following information:
(1) Routing transit number of.the financial institution <.
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receiving payment (same as American Bankers Association identifying I
number 'used for FEDLINE).
L (2)~ Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for. checking, "S" for-savings).
j (4)LIf the Contractor is a new enrollee to th'e ACH system,.a-I
" Payment Information Form," SF 3881, must be completed before payment can be processed.
(c) In the event the Contractor, during the perform nce of this contract, elects to designate:a different financial' institution.for..
the receipt of any payment'made using electronic funds transfer; i
procedures, notification of.such change and the required information i
specified above must be received by the appropriate Government' i
official 30 days prior to-the date such: change is to become-effective.
a L
(d)'The documents furnishing the information required in'this.
i clause must be dated and contain the: signature,Ltitle;(and_ telephone number of the Contractor official authorized lto provide it, as well as the Contractor's name and contract number.
(e) Contractor failure to properly designate a.financia1L l
institution or, to provide appropriate payee bank account information-may delay payment of amounts otherwise properly due.
(End of Clause).
I.7 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
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request, the Contracting Officer will make their full-text available.
(End of Clause)
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- Page 29a i
RS-AED-90-302 Section I i
l I. 8 DELIVERY-ORDER LIMITATIONS i
(FAR 52.216-19)-(APR 1984)
(a)' Minimum order. -When the Government requires supplies'or
'}
services covered by this contract.in an amount of less than N/A.
l the Government is-not obligated to purchase,.nor is the Contractor obligated to furnish, those supplies or services under the contract. -
(b) Maximum order.
The Contractor is not obligated to honor--
(1) Any. order for a single item in excess:of 10;
]
(2) Any order for a combination of items in excess of 35;
~
(3) A series of orders from the =same ordering office ~within 30 days that together call for. quantities exceeding'the limitation'in 1
subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of.the Federal Acquisition-Regulation-(FAR)), the Government is not: required to order a part of any one requirement from the Contractor if1that-requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above,Lthe Contractor I
shall honor any order exceeding. the maximum order limitations-in.
paragraph (b), unless that order (or orders) is-returned to the ordering office within' days:after issuance,.with written notice-stating the Contractor's intent notL to' ship the' item (or items) e called for and the reasons. Upon receiving this notice. the-Government may acquire the supplies or services-from.another source.
(End of Clause)
I. 9 NEW MATERIAL (FAR 52.210-5)(APR1983)
Unless this contract specifies otherwise, the Contractor.
represents that the supplies and components, including any'former--
Government property-identified under; the Used;or Reconditioned Material, Residual inventory and Former Government Surplus Property-
' clause of this contract, 'are new, including recycled;(not used or' reconditioned) and' are not of such age or so deteriorated as to impair their usefulness or safety.
If the Contractor believes; that.
furnishing used Or reconditioned: supplies or1 components will be in the Government's interest, the Contractor shall so notify. the' Contracting Officer in wr.iting.
The Contractor's notice shall l
include the reasons for the request along with a, proposal for any consideration to tne -Government if the Contracting'0fficer authorizes the 'use' of. used or reconditioned supplies or components.
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-(End of Clause).
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L Page 29b RS-AED-90-302
.Section I I.10 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE' (FAR 52.246-17) (APR 1984) ALTERNATE 'l (APR.1984)
(a) Definitions.
" Acceptance,".as.used in this. clause, means the act of an authorized representative of~the. Government by which-the.
Government assumes for itself,' or as an agent: of another, ownership.
of existing supplies, or approves specific services as partial or l
co":plete performance of the contract.
" Correction," as used in this clause, means the elimination'of a defect.
" Supplies," as used in this clause, means the end item furnished g
by the Contractor and related services required under the contract.
f I
L The word does not include " data'."
(b) (1) Notwithstanding' inspection.and acceptance byithe Government of supplies furnished under this.' contract, or any condition of this contract concerning the-conclusiveness.thereof, j
the Contractor warrants that for 1 year all supplies furnished-
]
(i) Are of a quality to pass without objection.in the= trade uncer the contract description; r
(ii) Are fit for the ordinary purposes for which the supplies are used; l
(iii) Are within the variations permitted by the contract, anc are of.an-even kind, quality, 'and quantity within each unit and j
among all units;
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(iv) Are adequately contained, packt;ed,3and; marked as the.
,i contract may. require; and (v); Conform to the promises or affirmations :of-f act made:on l
l the container.
(2) When return,, correction, or replacement (1s required,,
i 1
transportation' charges and responsibility for the supplies while in.
L transit shall be borne by the Contractor.
However, the: Contractor's-liability for the transportation charges shall: not exceed an amount i
l ecual'to the cost of transportation by the_ usual commercial' method I
of shipment between the' place of delivery specified in this contract
- i ano the Contractor's plant, and return.
i (3) Any supplies or parts thereof,z corrected'or. furnished in i
.reolacement-under this clause, shall also be subject to the' terms of this ' clause-to the same extent as' supplies ' initially ' delivered.
The I
warranty, with respect; to supplies or. parts thereof, shall be, equal in-duration to that in paragraph (b)(1) of this clause >and shall run frem the'date of' delivery of.the corrected or replaced supplies.
-(c). Remedies available to thel Government.
(1) ThiContracting:
3 10fficer shall' give written notice to the Contractor of any breach ofo warranties'in paragraph (b)(1) of this clause wi, thin:6tmonths.
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Page 29c RS-.A. ED-90-302 g
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(2) Within a reasonable time after.the notice, the Contracting Officer may either--
j 1.
l' (1) Require, by written notice, the prompt correction or replacement of. any supplies or parts thereof (including.
1 l
preservation, packaging,' packing, and marking) that do not conform
~
with the requirements of this contract within the meaning of.
paragraph (b)(1).of this clause; or j
(ii) Retain'such supplies an'd reduce the contract price by an
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amount equitable under the circumstances,
.i (3)(1) If *he contract provides for. inspection;of supplies by.
samplirg procedures, conformance ofLsuppliers or. components subject
.to war anty action shall be determined by the applicable sampling '
proceoures in the contract.- ' The Contracting 0fficer--
i (A) May, for sampling purposes, group any' supplies deiivered under this contract; J
(B) Shall require the size of the sample:to be.that required by sampling procedures specified-in the' contract for the j
quantity of supplies on which warranty action:is proposeo;-
a (C)Mayprojectwarrantycsampling.resultsoversuppliesin I
the same shipment or other. supplies contained in'other shipments
)
even though all of such supplies are not present at the' point of L
.I reinspection; provided,.that 'the supplies: remaining:are reasonably representative -of the' quantity on which warranty action is proposed;
}
.and (D) Need not use the same. lot size.as on original inspection or reconstitute the. original inspection' lots..
(ii) Within a reasonsule time af ter notice of;any breach of the warranties specified in paragraph (b)(1) of this' clause', the Contracting Officer.may exercise one or more of.the.following'
]
1 options; (A). Require an equitable ' adjustment in-the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction-or : replacement.
]
(C) Require the Contractor.to' screen'the supplies'at.
locations designated by the Government within the continental United.
States and to correct or replace all nonconforming supplies.
(D) Return the supplies. grouped for warranty. action under' this clause' to the Contractor. (irrespective of the f.o.b. point or 1
the point of acceptance) for screening:and correction or replacement.
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4 RS-^ED-90-302 Page 29d Section !
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(4) (1) The Contracting Officer'may, by contract or otherwise, correct or replace.the nonconforming supplies with similar supplies from another' source and charge to the Contractor the cost occasioned 1
to the Government thereby if the Contractor--
)
(A). Fails to make redelivery of' the_ corrected or replaced supplies within the time established forLtheir return; or (B) Fails either to accept return.of the nonconforming
)
supplies or. fails to make progress-after their return to correct ori replace them:so ast to endanger. performance of the delivery schedule, and in either of these circumstances does not cure such failure j
within a period of.10 days.(or such-longer period as the Contracting.
j Officer may authorize in writing) after receipt of notice from the-Contracting Officer specifying such' failure.
-(ii) Instead of correction or. replacement by the Government, i
the Contracting Officer may require an-equitable adjustment of the contract price.
In addition.if>the Contractor fails to furnish timely. disposition instructions, the: Contracting Officer may-dispose J
of the nonconforming supplies for_the Contractor's account in a:
reasonable manner. The Government is-entitled to. reimbursement from the Contractor, or from the proceeds of such disposal, for the :
I reasonable: expenses of the care:and. disposition of, theLnonconforming 3
supplies, as well as for excess costs. incurred or'to be incurred.
j i
clause are in addition to and do not limit any rights afforded to (5) The-rights and remedies of the Government provided in-this the Government by any other clause of this. contract.
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- Page 30' RS-AED-90-302 Section J' PART III - LIST OF DOCUMENTS, EXHIBITS ~
AND OTHER. ATTACHMENTS t
SECTION J - LIST OF ATTACHMENTS' J.1 ATTACHMENTS (MAR 1987)'
Attachment Number Title 4
- t 1
Billing Instructions 2
NRC Contractor' Organizational. Conflicts of i
Interest (41 CFR Part-20)-
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- Page-30 RS-AED-90-302-Section J.
PART. III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST'0F ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)-
t Attachment Number.
Tit"e
' Billing Instructions
, 2
-NRC' Contractor Organizational Conflicts:of:
Interest (41 CFR Part 20)-
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i O
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ATTACHMENT I
-j s
4 L
REVISED 8/89 BILLING INSTRUCTIONS FOR-FIXED PRICE CONTRACTS General:
The contractor shall prepare vouchers or invoices as prescribeo i
herein.
FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE'WITH THESE-INSTRUCTIONS WILL RESULT ~IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER, Form: Claims shall be submitted on the' payee's letterneaa.
voucner/ invoice, or on the Government's Stancard Form 1034. "Public Voucher a
for Purenases and Services Other than Personai." and Stancard Form.1035, l
"Dublic Voucner for Purchases Other than Personal--Continuation Sheet."'
These forms are available from the 'U. S. Government Printing Office. 701-Nortn Capitol Street, Washington, D.C.
- 20801,
.l Numoer of Cocies: An original and three copies shall. be suomittec.
j Tailure to submit'all the required copies will. result in rejection of the voucner/ invoice as improper.
l 2esignateo Agency Billing Office:
Voucners/ invoices -shall be submittea to l'
.ne following address:
j U. S. Nuclear ~ Regulatory Commission.
Division of Contracts and Procerty Management Contract Administration Branch. Mailsteo P-902.
.1 Washington, D.C.
20555' HAND-DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING SY NRC.. However, should you choose to-deliver vouchers / invoices oy nand, including delivery by any express mail.servicesLor special celivery services which'use a courier or other person: to oeliver the voucner/ invoice in person-to the NRC, such vouchers / invoices must be adoressed to the above Designated Agency Billing Off. ice ano wil.1 only be:
i J
accepted at,the following location
- i s
U. S. Nuclear Regulatory Commission One White Fl. int North 11555 Rockville~ Pike Mail Room
.4 Rockville, Maryland 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE' ACCEPTER AT OTHER THAN THE ABOVE i
ADDRESS.
l fiote 'that the official receipt date.for hand-delivereo vouchers / invoices.
will be the date it is received.by the official. agency billing office in the Olvision of Contracts and Property Management.
Agency Payment 0ffice:. Payment will continue to be 'made Loy the of fice oesignated in the contract-in Block 13 of SF 26Jor Block 25 of?SF 33,
.nichever istapplicable.
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2 REvlSED 8/89 Frecuency:
The contractor shall submit an voucher or invoice only af ter NRC's final acceptance of services rendered or products delivereo in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Vouche*' Invoice:
The voucher / invoice shall be prepared in ink or by typewrite without strikeovers).
Corrections or erasures must be initialet To be considered a proper voucner/ invoice, all of the following elt.-
ts must be included:
1.
Contract numoer L
Seouential voucner/ invoice number.
3.
Date of voucher / invoice.
4 Dreject Officer's name ano mailstop as_ designateo in :ne contract.
5.
ayee's name and address.
($how the name of the contractor ano d ts
- orrect address.
In adoition, when an assignment of #;nos nas ceen ace ey the contractor, or a dif ferent payee has been cesignateo, incluoe the name and cocress of the payee.)
Indicate tne name ano teleonone numoer of the individual responsiole for answering
- vestions the NRC may have regarding the voucner/ invoice.
6.
Description of articles or services, quantity, unit price, ano total amount.
L deignt and :ene uf shipment, if shippec by carcel post.
8.
- harges for freight or express shipments.
Attach oreenid bill
snioceo by freight or exeress.
9.
- nstructions to consignee to notify the Centracting Officer of i
- eceipt of shipment.
10.
For Indefinite Delivery contracts or contracts under snich crogress cayments are authorizeo, the final voucher / nvoice snall be narr,eo 8
" FINAL VOUCHER" or " FINAL INVOICE."
Currency:
Billings may be eroressed in the currency normally useo by the contractor in maintaining his accounting records and payments will be maoe in_tnat currency. However, the U., S. dollar couivalent for all-
_ voucrers/ invoices paid under the contract may not exceed tre total 0.
S.~
dol'ars authorized in the contract.
Supersession:
These instructions supersede any :revious oilling-inst ;ctions.
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) ENd!fE6d55h.Ndd.8f&$.iW5$$@./i$i.@$b8d$3OND1.7 3 !.1D.N i
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ATTACHMENT 2.
)
j Q)
PART 201 -
SENERAL Subpart 20-1.54--Centractor Organisational con 111sts of Interest Q
Gi Sec.
S 20 1.5401 Scope and policy.
Q 20-1.5402 Definitions.
Q 20 1.5403 Criteria.for recognizing contractor organizational N
sonflicts of interest.
[.4 20 1.5404 Representation.
4 20 1.5405 Contract clauses.
J 20 1.5405-1 General contract clause.
1 20-1.5405-2 Special contract provisions.
b*
20-1.5404 Evaluation findings, and contract award.
i;!
20-1.5407 tonflicts identified after award.
1 20-1.5408 (Reserved) a 20-1.5409 (Reserved) i p
20-1.5410 Subcontractors.
i d
20-1.5411 Waiver.
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20-1.5412 Remedies.
1 AUTHORITY:
Sec. 8. Pub. L., g5-601, adding Sec.170A to pub. l..
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83-703, 68 Stat. 31g, as amended (42 U.S.C. ch.14) 4]
p.
I20-1.541 Scope and Policy.
i
- f (NRC)(a) It.ls the policy of the U.S.. Nuclear Regulatory Consnissiol
)!?
of interest.
The NRC achieves this objective by requiring all prospective
]
contractors to submit.information describing relationships, if any, with j
N organizations or persons (including those regulated by NRC) which may 3
give rise to actual or' potential conflicts of. interest in the event of-J contract award.
i a
- 35 (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually l
9
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a case-by-case basis is necessary if the policy is to be ' applied so as 1
to satisfy the overall public interest.
It is not possible to prescribe 3.
in advance a' specific method or set of critaria which would serve to
[
t identify and' resolve all of.the' contractor conflict of interest-situations
}
which might arisen however, exampjes. are provided in these regulations i
- {1 to guide application of the polity. ilRC contracting and program officials-must be alert to other situations-which may warrant application of this
'?
policy guidance. The ultimate test ist Might the contractor. if awarded i
' 'c the coni,rai:t, be placed in a position where its judgment may be biased.
I b,
or where it may have an unfair competitive advantage?
I I
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(c)1 The conflict of interest rule contained in this subpart applies t
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te contractors and offerers only.
Individuals or firms who have other" L.
relationships with NRC (e.g.,' parties to a licensing proceeding) are not j
covered by-this regulation.
This rule does not apply to the'eteuisition-
.l ef consu4 ting services through the personnel appointment orocess..NRC
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} i M N W M h W tlI5 R W. n & M E M M S M B 5 5 M W.s W. W ?
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75g0-01 1
agree.en sth other evernment annata, internationai or,enintions.
4 er state Ocal or forsion governmentst separata procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
i 120-1.540t Definitions i:
!f (4) "Organisational conflicts of interest
- means that a relationship eatsts whereby a contractor or prospective contratter has present or planned interests related to the work to be performed under an NRC
!i contrarst *Aicht - (1) May diminish its capacity to givo 1spartial, technically l!
sound objeWive as.sistanto and advice or may otherwise result in a ll biased work pecduct, or. (2) may result in its being given pn unfair competitive advantag..
- I (b)
'Research* slaans any scientific or techniedl work involving j!
theoretical analysis, exploration, or experimentation.
i (c) ' Evaluation activities" means any effort involving the appraisal of a technology, process, product or policy.
Ii (d)
' Technical consulting and management support' services' means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which'norselly require the contractor to be_ siven access to information which has not been made available to the public or proprietarp information.
Such
'i services typically include assistance in the preparation of program plans; arid preparation of preliminary designs, specifications.'or
'l statements of work.
I (e)
" Contract' means any contract, agreement, or other arrangement l
with the NRC except as provided in Section 20-1.5401(c)
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(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-sponnor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives.
{
directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is ~a-party to a contract with' the NRC.
..j-(g) " Affiliates" means business concerns which are affiliates of.
-)
each,other when either directly or indirectly one concern or individual i
controit or has the power to control another, or when a third earty
]
controls or has the power to control both (41 CFR ll-1.6061(e)).
1 (h)
" Subcontractor" means any subcontractor of any tier which _..
performs work under a contract with the NRC except subcontracts for l
.t supplies and subcontracts in amounts of $10,000.or less.
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i (1)
" prospective contractor" or " offeror" means any pers3n, ft:3 unincorporated association.- joint' venture, partnership, corporation, or Ji affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors.
1
- l submitting a bid or proposal, solicited or unselicited, to the NRC to
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obtain a contract.
G...,..,. w.v., m. - nn.. r v.Gu...... a.. m x.. - w.
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h 7690-01
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2, I
(j) " Potential conflict of interest" means that a factual situation j
j exists that suggests (inoicates) that an actual conflict of interest may i
arise from ausrd of a proposed contract.
The ters " potential conflict j
l:
of interest" in used to signify those situations which merit investigation prior to. contract award in order to ascertain whether award would give j
1 rise to an actual conflief or which must be reported to the contracting officer for investigation-if they arise during contract perfomance.
l l
3 l
Criteria for recognizing contractor organizational l
J l20-1.5403 jj konflicts of interest l
(a) General. Two questions *will be asked in determining what'her actual orpotential organizational conflicts of interest exist:
(1)Are y
there connicting roles which might bias a contractor's judgment in i
fd relation to its work for the NRC7 (t)Maythecontractorbegivenan
}
unfair competitive advantage based on C performance of the contract?
l The ultimate determination by NRC as to
.ather organizational conflicts l
j of interest exist'will be made in-light of comen sense and good business judgment based upon the relevant facts disclosed and the work to be j
}
1 perfonned. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships i
?
which might involve potential organizational conflicts of interest, NRC
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personneI will pay particular attention to-proposed contractual requirements
?
which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the
'[
NRC's decisions on regulatory activities, future procurements, and 3
j research programs.
)
(b)
Situations or relationships which may give rise to organizational (1)Theofferororcontractorshalldisclose conflicts of interest.
information concerning relationships which may give rise to organizational J,
j conflicts of interest under the following circastances:
(1). Where the offerer or contractor provides advice and reconnendation-1 to the NRC in 4 technical 3rea in which it.is also providing consulting -
assistance in the same erec.to any organiattien regulated by the NRC.
f (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is. also.providing assistance'to i
any organisation. regulated by the,NRC.
2 (iii) Where the offeror or contractor evaluates its own products or services, or the products'or services of another entity where the offerer or contractor has been substantially involved in their development or 4
marketing.-
(iv) Where the ' award of a contract would otherwise result in:
j placing the offeror or contractor in a conflicting role in which its
. Judgment may be biased in relation.to Ats work for the.NRC or may.otherwise
^
result in an unfair competitive advantage for the offeror or contractor.
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P (t) The contracting efficer may request specific infomation from l
4 9
an efferer er contracter er may require special contract provisions such
[
as provided in i20-1.5405 2 in the following circumstancest (1) Where the offerer er centracter prepares specifications which p;
are to be used in competitive procwenents of products or services
}
t covered by such specifications.
h (11) more the efferer er contracter prepares pleas for specific approaches or methodelegies that are to be incorpersted inte esapetitive procurements using such approaches er methodologies.
(iii) Where the efferor er contraster is granted access to information d
. not available to the public concerning NRC' piens, policies, or programs i:
which could form the basis for a later procurement action.
l ti J
(iv) Where the offeror or contractor is granted access to proprietary infomstion of its competitors.
i 2
. Where the award of a contract might othemise result in plackng (v) the offerer or contractor in a conflicting role in which its judgment t
may be biased in relation to its-work for the MC or may otherwise result in an unfair competitive advantage for the offerer or contractor.
t (c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all' l
cortractor organisational conflict of interest situations. -(1) Example.
The XYZ Corp., in response to a request for proposal (RFP). proposes to I
l
'i undertake certain analyses of a reactor component as called for in the l
RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquirv in the RFP.- the XYZ Corp.
advises that it is currently perfoming si'milar analyses for the reactor manufacturer.
Guidance. An NRC contract for that pSeticular work norpally would not be aarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well qualified companies available. there would be no reason for considering a waiver of the policy.
(t) Example. The'ASC Corp., h response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor.
As is the cast with other technically qualified
' companies responding to the RFP, the ABC Corp. is performing various projects for several different. utility clients.- None of the ABC Corp.
projects have any relationship to the work called for ia the RFP. Bases on the NRC evaluation, the~ ABC Corp. is considered-to be the best qualified company to perform the work outitned in the RFP.
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Guidance..An NRC contract normally could be awarded to the ABC 1
I Corp. because no confiict M interest exists which would motivate bias with respect to the work.
An appropriate clause would be included in the contract to preclude the ASC Corp. from subsequently contracting for work during the performance of the NRC contract with the private-sector which could ;,reate a. conflict.
For esemple. ABC Corp. would be precluded from the perforinance of similar work for the' company developing the
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advanced reactor mentioned in the example.
V (3)
Example. As a result of operating problems in a certain type 4
of comercial nuclear facility it is imperative.that NRC secure specific
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data on various. operational aspects 'of that type, of plant'so as to assure adequate safety pr'otection of the-public.
Only one ennufacturer 1
has extensive experience with that type.cf plant.
Consequently, that company is the only one with whom NRC can contract which can develop and-s conduct the testing programs required to obtain the data in reasonable
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time.
That company has a definite interest in any NRC decisions that might result from the data produced because those dectiions affect the Ll l
reactor's design and thus the company's costs.
- Guidance. This situation would place the manufacturer-in a role in which its judgment could be biased in relationship ~to its work for NRC.
Since the nature of the work required is vitally-important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver.shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attertion to the establishment of protective mechanisms j
to guard against bias.
l (4)
Example.' The ASC Co. submits a proposa'1;for a new syste for evaluating a specific reactor component's perfomance for the purpose of developing standards that are important to:the NRC program. The ABC Co.
i-has advised NRC that it intends to sell the new system to industry once-its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of-the specific reactor component.
Guidance. A contract could be awarked to the ABC Co. provided that the contract stipulates-that no information produced ~under the contract will be used in the contractor's private activities unless such-information j
has been reported to NRC. Information which is reported to NRC by contractors j
will normally be disseminated by NRC to others so as to preclude an unfa(
- competitive advantage that might otherwise accrue..When NRC-furnishes information to the contractor for the' perfomance of contract work, it shall not be used in.the contractor's private activities unless such inferination is generally available to others.
Further,the contract will. stipulate.that the c3ntractor will infore the NRC contracting' officer of all situations in which the information developed under the contract is proposed-to be used.
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(5) taample. The ABC Corp., in response to a R1p proposes to assemble a map showing certain seismological features of the Appalachian fold. belt.
In accordance with the representition in the RFP and 3
120-1.5403 doing seismo(b)(1)(1)ABC Corp. taforms the NRC that it is presently logical studies for several utilities in the Eastern United 1
States but none of the sites are within the geographic area centsaplated j
by the NRC 8tudy.
G i
Suidance. The contracting officer would nomally conclude that 1
award of a contract would not place ABC Corp. in a conflicting role j
where its judgment might.be biased.
The work for others clause of 820-j-
1.54051(c) would preclude ABC Corp. from accepting work during the ters of the NRC contract which could create a conflict of interest.
j 4
(d) Other considerations.
(1)ThefactthattheNRCcanidentif i
j and later avoid, eliminate, or neutralize any potential organisational ~ y t
conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts-prior to the award of a contract, i
(2)
It is not relevant that the contractor has the profassional reputation of being abl.a to resist temptations which arise ftse organizationa' i
i conflicts of interest, or that a follow on procurement is not involved,
,I or that.a contract is awarded on a competitive or a sole source basis.
j 120-1.5404 Representation
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i (a) The following procedures are designed to assist' the NRC contracting officer in determining whether situations or relationships exist which i
i may constitute organizational conflicts of interest with respect to a particular offerer or contractor, l
i l
(b)
Representation procedure.
The following oceantaational conflicts of interest representation prevision shall 6e included in all i-solicitations and unsolicited proposals' fort 1
Evaluation services or (t) technical consulting and manage (me)nt support servicest activities (3) research; and (4) other contractual situations where special organisatient L
conflicts of interest provisient are noted in the solicitation and would
~j be included in too resulting contract.
This reeresentation rewirement
^l shall also apply to all modifications.for additional effort under the contract except those issued under the ' changes" clause.
Where, however, a statement of the type required by the organisational conflicts of interest representation provision has previousl regard to the contract being modified, only an'y been submitted with' b
updating of such statement shall be required.
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iORGAN!1AT10NAL CONFL1CT5 0F INTEREST REPRE$tNTATION I
f
.i
! represent to the best of my knowledge and belief that:
3 The award to of a contract or the endtfication of an 3
h existing contract sees ( ) or o9es not ( ) involve situations or relationships l
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i of the type set forth in 41 CFR s 20-1.5403(b)(1).
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% (c). Instructions to offerers.
The following shall be included in I
all NRC solicitations:.(1) If the representation as completed indicates 1
l.3 that situations or relationships of the type set forth in 41 CFR 3 20-1.5403(b)(1) are involved, or the contracting officer otherwise i
i.
b detemines that potential organisational conflicts esist, the offerer shall provide a, statement in writing which describes in a concise manner l
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all. relevant facts bearing on his representation to the contracting p$
officer.
If the contracting officer detemines that organizational i
(1)!sposeappropriate l
conflicts exist, the following actions may)be taken: disqualify the offeror, or j
conditions which avoid such conflicts, (ii (iii) detemine that it is otherwise in the best interest of the United l
l States to seek award of the pontract under the waiver provisions of j
120-1.5411.
i (2) The refusal to provide the representation required by I 20-l lI 1.5404(b) or upon request of the contractino officer the facts required
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by 320-1.5404(c). shall' result in disqualification' of the offerer for.
award. The nondisclosure or misrepresentation of any relevant interest l
4 may also result in the disqualification of the offeror for award; or if
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N such nondisclosure or misrepresentation is discovered after award, the resulting contract may be teminated.
The offeror may also be disqualified j
3 from subsequent related NRC contracts and be subject to such other j
remedial actions provided by law or the resulting contract.-
(d)
The offeror may, because of actual or' potential organizational l
l conflicts of interest, propose to exclude specific kinds of work from
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the statements of work contained in a RFP unless= the RFp specifically l
c prohibits such-exclusion.
Any such proposed exclusion by an offerer
-i will be considered by, the NRC in the evaluation of proposals.
If the
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NRC considers the proposed excluded work to be an essential or integral 3
J part of-the required work and its exclusion we.uld work to the detriment a
4 6f the competitive posture of the other offerers, the proposal must be l
h.R rejected as unacceptable.
(t) The offeror's failure to execute the representation required l
4
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by subsection (b) above with respect to-invitation for bids i
to correct the omission.-
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_i 20-1.5405
-Contract clauses A
s 20-1.5405 1 General contract _ clause'
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I All contracts of the types set forth in I 20-1.5404(b) shall include the following clauses:
The primary (purpose of this clause is to. aid in1) is not (a)
Purpose.
ensuring that the contractort because of current or planned interest (financial, contractual, organizational or otherwise) which relate to the work under this 'ontract, and (t) does not obtain an unfair competitive advantage ever other parties by l
virtue of its performance,of this contract.
(b[ Scope.
The restrictions described herein shall apply to-
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4 performance or participation by the contractor as defined in 41 CPR i
I 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this j
contract, during the term of this contract, the contractor agrees to L
forego entering into consulting or other contractual arrangements with
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any firm or organization, the result of which may give risc to a confilet i
of interest with respect to the work being perfomed under this contract.
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The contractor shall ensure that all employees who are employed full i
l time under this contract and.ergloyees designated as key-personnel, if
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any, under this contract abide by the provision of this clause.
If the J
contractor believes with respect to itself or any such employee that.any i
proposed consultant or othwr contractual arrangement 'Ath any firm or i
organization may involve a potential conflict of inturest, the contractor l
shall obtain the written approval of the contractiag officer prior to j
execution of such contractual arrangement.
(d)
Disclosure after award.
(1)The.contractorwarrantsthatto.
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the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organisational conflicts of.
l interest, as defined,in 41. CFR B20-1.5402(a).
J (2) The contractor agrees that if after award it discovers organization i
conflicts of interest with respect to this contract, it shall make an inmediate and full' discles.rie in writing to the contracting officer.
l i
This statement shall include a descriptton of:the action which the l
contractor has taken or proposes to take to avoid or mitigat.a sech.-
conflicts. The NRC shay, however. teminate the contract,or convenience if-it deems such termination to be in the best. interests of the: government.
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I (e)' Access to and use of information.
(1)Ifthecontractorin the performance of this. contract obtains access to information, such as
.l NRC plans 4 policies. reports,' studies. financial plans, internal' data :.
l protected by 'the Privacy Act of 1974 (Pub. L. g3-579), or. data which has-l not.been released-to the public, the.cohtractor. agrees not to: (i)Use l
.such information for any(private purpose unt11s the information has be released to the publict 11) compete for work for. the Connission based i
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en such information for a period of six (6) months after either the 3
completion of this contract or the release of such information to the j
public, whichever is first. (iii) submit an unsolicite.d proposal.-to the i
t government based on such information until one year after the release of i
such information to the public, or (iv) release the information without i
9 prior written approval by the contracting officer unless such inictmation l
j has previously been released to the public by the NRC.*
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(2)
In addition, the contractor agreestthat to the extent it i
receives or is iven access. to proprietary data, data protected by the l
Privacy Act of 974 (Pub. L.33-573), or other confidential or privileged I
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technical, business, or financial information under* this contract, the
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J contractor shall traat such information in accordance with restrictions j
placed on use of the infomation.
.(3)
The contractor shall have.. subject to patent and security
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provisions of this contract, theiright to use technical data it produces
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under this contract for private purposes provided that all requirements j
of this contract have been met.
1 (f)
Subcontract Except as provided in 41 CFR 8 20-1.5402(h), the d
contractor shall incl.s.ude this clause, including this_ paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and 7
" contracting officer "'shall be appropriately modified to preserve the
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j government's rights.
i (g)
Remedies.
For breach-of any of the above proscrbtions or for intentional nondisclosure or misrepresentation of any relevant interest a
required to be disclosed concerning this contract or for such erroneous i
representations as necessarily imply bad faith, the government may E.'
teminate the contract for default, disqualify-the contractor from
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subsequent contractual efforts, and pursue other remedies as may be' j
' permitted by ' law or this contract.
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(h) Waiver.
A requ'est for waiver under this clause shall be 1
directed in writing through the contracting officer to the Executive i
Director for Operations (ED0).in accordance with the procedures outlined j
ini20-1.5411.-
a I 201.5405 2 5pecial contract provisions.
4 j.
(a)- If it,is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer.
may-determine that such conflict can be~ avoided or after obtaining a-t waiver in accordance.with 320-1.5411. neutralized through the use of an appropriate special' contract provision.
If appropriate, the offerer may.:-
negotiate the terms'and conditions of these clauses, including the-a extent and time period of any such restriction.:These. provisions include-1
- but are net limited to:
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(1)
Hardware exclusion clauses which prohibit the acceptance of I-proouction contracts following a related nonproduction contract previously i
b performed by the contractor; l.
l (y
Software exclusion clauses; i
l' (3)
Clauses which require the contractor (and certain of his key I
fl personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and gu,ard against its unauthorized use.
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section (1)he following add 1tional contract
- clause may be included as (b)
T in the clause' set forth in1 20-1.6405 1 when it is determinec t
that award if a follow-on contract would constitute an organizational
!l conflict of intenst.
- i (i)- Follow-bn effort.
(1) ine contractor shall be ineligible to
- l participate in NRC contracts, subcontracts, or proposals therefor (solicited j
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or unsolicited) which stem directly from the contractor's performance of
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work under this contract.
Furthermore, unless so directed in writing by i
the contracting officer, the contractor shall not perfors any technical
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consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if' the contractor has been= substantially involved in the development or marketing of su~ch products or services.
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(2)
If. the contractor un(er this' contract prepares a comolete or essentially comolete statement of work or specifications, the contractor i
shall be ineligible to perform or participate in the initial contractual effort which is Msed on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of' work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph sheit not apply.
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(3) Nothing in this paragraph shall preclude she contractor from-1, offering or selling its standard cossnercial items to the government.
1 20 1.5406 Evaluation, findings, and contract aware
.The contracting officer will evaluate' all relevant facts submitted.
by an offeror pursuant to the representation requirements of 1201.5404(b) i l, -
and other relevant information.. After evaluating thf s information j
p' agains't tne criteria of J 20-1.5403, a finding will be made by the contracting officer whether organisational conflicts of-interest exist with respect:
c to a-particular offeror.
If it has. caen ' determined that conflicts of:
interest exist, then the contracting officer shall ettner:
e
-(a)
Disqualify,tne offeror from award,.
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Avoid or aliminate such cort licts by approoriate measures; or j
j (b) f
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(c)
Award the contract unoer the waiver provision of I20-1.5411.
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$ 2'061.t407 Conflicts identified af ter award.
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,j If potential organizational conflicts of_ interest are identified t
H af ter award with respect to a particular contractor, the contracting.
officer desemines that such conflicts do in fact, exist and that.1t j
would not be in the best interests of the government to terminate th,e
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contract as provided in the clauses required by. 620-1.5405, the contracting W
officer will take every reasonable action to avoid, eliminate, or, after l
f obtaining a waiver in accordance with 120-1.5411 neutralize the effects i
4, of the icentified conflict.
620 1.5408 (Reserved) 520 1.5409 (Reserved)
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520-1.5410 Subcontracts
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The contracting officer shall require.cfferers and contractors to submit 'a representation statement in accoreance with 120-1.5404(b) from j
i subcontracter: and consultants.
The contracting officer shall require l
the contractor to include contract clauses in accordance with 320-1.5405
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in consultant agreements or subcontracts involving performance of work under a ortme contract cevered by this subsection.
q i20-1.5411 Waiver i
j in the first instance, detemination with respect to'the need to-
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i seek a waiver for. specific contract awards shall be made by the contracting i
j officer with.tne advice and concurrence of the program office director and the Office of Executive Legal Director..Upon the reconnendation of the contracting officer, and after consultation with the Office.cf the
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General Counsel, the EDO may waive the policy in specific cases _if he 4
i detemines that It is in the best. interest of the United States to do o
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Such action shall be strictly limited to those situations in which:
(1) The work to be perfomed under contract is vital to the NRC program; 1:
(2) the work cannot be satisfactorily perforined except by a contractor l
whose interests give rise to.a question of conflict of interest; and (3) contractual and/or technical review and. supervision methods-can be 3
employed.by NRC to neutralite,the conflict.
For any such waivers, the 4
i
, justification and approval.cocuments shall be placed in the Public
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-,-,. Document Room.
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620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for.a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required'to be provided for-this section, the NRC may debar the contractor from subsequent.NRC-contracts.
Dated at wanMneten. o.cpis 27th day of Ma'rch 1979.
i I
For the Nuclear Regulatory Comission S,
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5amuel p. Chilk 4
Secretary ofi the Comission t
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