ML20059B414
| ML20059B414 | |
| Person / Time | |
|---|---|
| Issue date: | 07/04/1990 |
| From: | Melton V, Wilson P NRC OFFICE OF ADMINISTRATION (ADM), WILSON, HEWITT & ASSOCIATES, INC. |
| To: | |
| Shared Package | |
| ML20059B392 | List: |
| References | |
| CON-FIN-L-1369, CON-FIN-L-1369-0, CON-NRC-28-90-240 NUDOCS 9008290062 | |
| Download: ML20059B414 (66) | |
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i 1.TNis cOsirTaacT is a nAu;onor a AWARO/CONTRAC
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CODE I S. 55Vt o pv U,$. Small Business Administration Philgdelghia Digtrict fic{
U. S. Nuclear Regulatory Commission Division of Contracts & Property Managment Caia d
a Washington. D. C.
20555 BalaCynwyd,hA 19103 i
6.otLevtRY I~8EAMt AND ADDi.tl5 o' % oNi k aCl oh #A...s.ref. tet,. t..r tv. $s..e. dip Cede #
Wilson Hewitt & Associates. Inc.
O'oeoa'c'N O o' Nt -
1835 Market Street. Suite 1715
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r Philadelphia, PA 19103 i
10 SUBMIT IN.'OICLE l L "
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Data Entry Support Services for Re f i C*.
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See " rime Contract tbG. TOT AL AMOUNT OF CONTR ACT >l $76 _ t dQ _ *M
- 16. TABLE OF CONTENTS El}5fC i DE SCRIPTION l PAG (($1 V) l$(C l DE $CRIPT ION l PAG (t$l PART Il - CONT R AC T CL AUSCf
. Aat e - THE SCHC oVLt l CONTRACT CtAUSES' l
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$0t tCf 7ATaON'CONTR ACT F ORM l 1 PART sie -List or DocuutNTs. EmMie TS A..o otut a AT T AC n S
$UPPttf $ OR f f PvtCES AND PRICES / COSTS C
DESCRitTIOM PECS / WORK ST ATEMENT lJ l LIST OF ATT ACHMENT$
l PAsaf IV - REPR ett NT AT.ON$ ANo IN$T RUC T 80NS O
PACK AGING AND MARKING E
INSPf CTION AND ACCf PT ANCE K
REPRt$E NT ATIONS.Ct RTIF IC ATIONS AND OTHE R ST AT EMENT% OF OF F(RORS 7
Of tevt Ral5 0R PE RFORMANCE INST RS.CONOS. AND NOTICt S TO O5 M
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G CONT A ACT ADVINISTRATION DATA M
EVALUATION F ACTORS FOR AWARD SPECt At CONTR ACT RtOUIREMENTS H
CONTRACTING Of fICER will COMPLETE ITEM 110R 18 AS APPlICA8lE Aw An o (C..e,.e e.,
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- NRC-28-90-240 PNV a
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i SPECIAL 8(a) SUBCONTRACT CONDITIONS (FAR 52.219-12)
(FEB 1990) l' (a) The Small Business Administration (SBA) has entered into Contract No. NRC-28-90-240 with the U. S. Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) Wilson Hewitt & Associates, Inc., hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-28-90-240 for the consideration stated therein and that it has road and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility for the administration l
of this subcontract to the U. S. Nuclear Regulatory Commission with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting 1
Of ficer of the U. S. Nuclear Regulatory Commission.
(4) That it will notify the U.S. Nuclear Regulatory Commission Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
l (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the U. S. Nuclear Regulatory l
Commission.
(End of clause)
L i
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4
I AWARD / CONTRACT L
Page 1
- 1. THIS CONTRACT IS A RATED ORDER UNDER OPAS (15 CFR 350) RATING
- 2. CONTRACT NO.
l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No l l
REQUEST / PROJECT NO.
NRC-28-90-240 l
07/04/90 l
RGI-90-240 l
l
- 5. ISSUED BY Code:
l6. ADMINISTERED BY Code: CAB 1 l
(If other than item 5)
U.S. Nuclear Regulatory Commission l Contract Administration Branch Div. of Contracts & Property Mgmt.
l Div. of Contracts & Property Mgmt.
Contract Adm. Branch No.1; P-902 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 CONTACT - Sharlene McCubbin PHONE - (301) 492-7764 l
r I
- 7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY cy V. S. Small Business Administration l
()
F0B ORIGIN I
475 Allendale Road l
()
OTHER (See below)
King of Prussia, PA 19406 l
l 9. DISCOUNT FOR FROMPT PAYMENT l
N/A
.i NEG0ilATION AUTHORITY Ouns Code:
Facility Code:
15 U.S.C. 631m l
10.SUBM.lT INVOICES (4 copies unless otherwise specified) 10 1HE AD01ESS SHUI" 1N ITEM: 6
)). $ hip T0/
CODE l12. PAYMEN1 WId CODE MARK FOR l
BE MADE BY l
l U.S. Nuclear Regulatory Commission l
Division of Accounting and Finance l
GOV /COM Accounting Section l
Washington, DC 20555 l
13, AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) (5)
- 14. ACCOUNTING AND APPROPRIATION DATA B&R 091-20-67-25-0 FIN NO. L13690 APPN NO. 31X0200.910 Amount Obligated: $68,750.00 15A.! TEM 15B. SUPPLIES /
ISC. QUANTITY 150 UNIT ISE. UNIT ISF. AMOUNT NO.
SERVICES PRICE
$e cou ract Schedule 15G. TOT /sl AMOUNT Or CONTRAC T 5 75, u9.
EKU-' ~w 0 51 ANDARD TORM SF26 (REV.4-85)
Nest iboa h r/ R( 4: CR) E ' _ ;. 'f a )
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'A AWARO/ CONTRACT Page 2 16.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE($)
PART I - THE SCHE 0VLE 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 OFFER 0RS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.
(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 4
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 stated herein.
The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award / contract,-(b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein.
(Attachments are listed herein.)
18.
( ) AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number RS-RGT-90-240, including the additions or changes made by you which additions or chec.jes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER l 20A. NAME OF CONTRACTING OFFICER (Type or print) l m
R MOI 2T L. METON l
Timothy Hagan em-a e.,
n,,-
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'GFC' f" :f
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y (Signature of person authbrized to sign) ' (Sign %r'e of Con racting Of ficer) 19C. DATE SIGNED AUG 6 1990 l 200. DATE SIGREO //
l A l(* R b EXCEPTION TO STANDARD FORM 26 (REV.4-85)
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l-TABLE OF CONTENTS PAGE AWARD / CONTRACT...........................
1 i
i TABLE OF CONTENTS..........................
3 PART I - THE SCHEDULE..............
6 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 6
s B.1 PROJECT TITLE,......................
6 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
6 B.2 CONSIDERATION AND OBLIGATION / CONTRACT CEILING........
6 B.3 SUPPLIES OR SERVICES AND PRICES / COSTS............
6 SECTION C - DESCRIPTION / SPECIFICATION................
8
/ WORK STATEMENT C.1 STATEMENT OF WORK,....................
8 SECTION D - PACKAGING AND MARKING..................
14
'D.1 PACKAGING AND MARKI' $ (KAR 1987)..............
14 SECTION E - INSPECTION AND ACCEPTANCE................
15 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
15 SECTION F - DELIVERIES OR PERFORMANCE................
16 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
16 F.2 DURATION OF CONTRACT PERIOD (MAR 1987)...........
16 ALTERNATE II (MAR 1987)
SECTION G - CONTRACT ADMINISTRATION DATA..............
17 G.1 PROJECT OFFICER AUTHORITY (JUNE 1988)...........
17 SECTION H - SPECIAL CONTRACT REQUIREMENTS..............
19 H,1 KEY PERSONNEL (MAR 1987)..................
19 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
20 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988). ;
20 H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST......
20 H5 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS......
22 (NOV 1989)
H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..
22 (JUNE 1988)
H.7 SITE ACCESS BADGE REQUIREMENTS (JUNE 1988).........
22 PART II - CONT RACT C LAUSE S....................
24 SECTION I CONTRACT CLAUSES,..................
24 1.1 NOTICE LISTING CONTRACT CLAUSES INCORPJRATED BY REFERENCE,
24 I.2 LIMITATIONS ON SUBCONTRACTING,....
25 (FAR 52.219-14) (OCT 1987) 1.3 DRUG-FREE WORKPLACE (FAR 52.223-6).............
26 (MAR 1989)
I4 PROMPT PAYMENT (Fait 52.232-25) (APR 1989).........
28 1.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28).
32 (APR1989) 1.6 CLAUSES INCORPORATED BY REFERENCE.............
33 (FAR 52.252-2) (JUN 1988)
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- TABLE OF CONTENTS-PAGE q
I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES. '...
34 1
-h
_1.8 SPECIAL 8(a) CONTRACT CONDITIONS (FAR 52.219-11).......
-34 l-I.9
, SECTION 8( A) AWARD (FAR 52.219-17) (FEB 1990).....-..
L35 I. 101 SERVICE CONTRACT ACT OF.1965,- AS AMENDED (52.222-41).
1.'
- 35 e
(MAY1989)-
PART IIIL--LIST OF DOCUMENTS, EXHIBITS...............
44 "AND OTHER ATTACHMENTS SECTl 1 J - LIST OF ' ATTACHMENTS..........
44 J.1: -ATTACHMENTS.(MAR 1987)....
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1 4 3. p' * : Da ta Entry: S'upport ; Services 1 for ' Reg. ion' I '
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h;h The Contracto.r shall, provide data' entry support
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JB.2 CONSIDERATION'AN0;0BLIGATION/ CONTRACT CEILING m
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Thhte111ng amount'..toLthe Government;for the work specificd q
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The' amount 1
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- presentlycobligated =with respect to this contract is. 568,750.00'.
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t Th.eDContractorj agrees.that the'= work to :be; performed -'underJ ection.C.
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- shallibejaccomplished within thisl celling.- Any
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the Contractorfin excessLof-the obligationtamount-spectfled above is.
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$34,278.40 w
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$41,163.20' l
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HOURS RATE-AMOUNT 1.
Jr'. Data Entry Tech 2080
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$35,651.20 2.
Sr. Data Entry Tech 1 2080-520.58
$42,806.40 OPTION YEAR TOTAL.......$78,457.60 J
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SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT n
i C.1 STATEMENT OF WORK A.
Background
1
'1. General
'1 The United States Nuclear Regulatory Commission is responsible for the protection of the public health and safety in-the civilian use of nuclear power and nuclear
~"
materials.
In the performance of its duties, the NRC
. utilizes a wide variety of automatic data processing, encompassing numerous applications, including scientific, administrative and management information systems.
The o
NRC is striving for a sophisticated telecommunications network, which links all of its ADP capabilities, and for an environment which strongly supports distributed i
processing, such as the use of hierachical languages (i.e.,-ADABAS and S2K) and the introduction of office automation.
- 2. Equipment The
' not own a mainframe computer to perform lav ata processing operations, and depends s
prin w
, buying computer time (timesharing) from 00E Natione' _acoratories, the National Institutes of Health (NIH) DCRT Federal Data Processing Center, and commercial sources.
NRC's ADP equipment to support timesharing consists of remote job entry stations, data terminals, and associated telecommunications equipment needed for data transfer and communication with the facility at which the computer is located.
NRC now utilizes over 250 individual terminals and nine remote job entry stations.
L The telecommunications' equipment needed to accommodate this remote computer usage consists of about 260 modems-of various types.
Most of these modems are used with dial-up telephone lines.
Six leased telephone circuits are also used -- two circuits connect NRC to the Central
?
Scientific Computing Facility at Brookhaven National J
Laboratory; one circuit is used to transfer encrypted, classified nuclear materials inventory data between NRC 1
and the Oak Ridge National Laboratory's Computer Science l
Olvision K-25 Computer Center; one circuit connects NRC l
to the Germantown, Maryland node of DOE's secure message I
network (SACNET); and two circuits connect the remote job l
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NRC-28-90-240
-Section C~
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entry stations:in the Phillips and East West Towers Buildings; in Bethesda, Maryland to the NIH DCRT.--
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In addition,,the NRC has about 200 pieces of word-processing equipment, including stand-alone and shared systems with cathode ray tubes and high-speed laser printers.. Capabilities range-from stand-alone memory and-magnetic card typewriters to network, shared-logic u
systems.
Personal computers are also used throughout the NRC as remote terminals or for stand-alone local applications.
-3.
Software.
l r
Software (computer programs) can be categorized as Jg follows:
Category 1 -
Proprietary software used to aid in-applications development as supplied by
.the hardware or independent vendor.. Such software is used where applicable to L
significantly cut development-and maintenance costs and to help non-ADP personnel use-the computer as an information tool.
Category 2 -
Proprietary sof tware supplied by the hardware vendor related to computer systems operations.
Category 3 -
User-developed software using higher-level languages and proprietary package interfaces.
Such software is developed to satisfy specific user l'
requirements in business and scientific l
applications.
Proprietary sof tware, as defined in Category 1, is either i
purchased or leased from specific vendors and is' of ten termed " package software." It is designed to perform l
either specific or general functions.
Although the NRC has no specific applications packages at the present j
time, they might include accounts. receivables, budget, and payroll.
I General use packages include processes such as complex data base use, generation of graphs, report generation, and statistical analysis.
The NRC has purchased and currently maintains five packages of this type:
o System 2000 - complex data base manipulation and inquiry o
MARK IV general file maintenance and report generation
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Page 10
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NRC-28-90-240-5:ction C o
-IDEA - Data General screen format and data manipulation o:
INFOS =- Data General' data base management system (DBMS) o' l0RACLE - Relational Data Base Management System o
RAMIS II - Relational Data Base Management System Other general. purpose packages software that the NRC has access to are:
o-TELEGRAF/DISSPLA graphics o
.SPSS - statistics.
o SAS - statistics J
o WYLBUR - text editing, word processing 1?
o IBM user application utilities (sort / merge, etc.)
o AZ-TEXT (Data General word processing package) q Proprietary sof tware, as defined in Category 2, includes computer-operating systems related support utilities that L
are not. accessible / changeable by the-applications programmer.
In the IBM env_ironment at NIH, the operating system is termed OS/VS (Operating System / Virtual Storage).
Support utilities include those supplied by.
1 l-IBM for disk package maintenance and similar housekeeping h
tasks.
Other software falling within this category includes language compilers (BASIC, COBOL, FORTRAN), file and data management software (ISAM, VSAM), and communications handlers (TSO and parts of WYLBUR).
The NRC currently has two operating. systems (AOS and RDOS) used on its Data General Eclipse minicomputers.
The H-P 1000 uses HP/ RTE-48.
t l.
User designed and developed software, Category 3, is the most used within the Commission.
Software of this type eminates from detailed specifications designed for a specific purpose within a given system (i.e., a daily report of personnel actions).
Programs of this type are usually written in high-level compiler languages such as COBOL, FORTRAN, or PL/1.
However, proprietary sof tware i
interfaces can be used with higher-leve1~1anguages for L,
data base access (i.e., SYSTEM 200 DBMS).
g The most commonly used compiler languages within the Commission are COBOL (administrative / management applications) and FORTRAN (scientific applications).
At the present time, there are approximately 100
y
?
-NRC-28-90'-240 Page 11 Sectisn C s
administrati.ve/ management systems' in operation which are made up of-j
-about 2400 computer programs.. Scientific codes currently in use number approximately-250.
~
s 4
Facilities i
NRC supports ADP-activities at five regional offices and 10 headquarters buildings.
This distributed ADP environment requires the placement of equipment at all 15 locations.
Somc-locations need only data terminals and therefore require no special i
facilities; other house minicomputers and remote job entry stations which require special facilities such as power suppites, humidity and temperature controls, raised flooring, access
- controls, and storage space.
Remote job entry stations are located in each of. the five regional offices and at four headquarter sites.
All 10 minicomputers are at headquarters-in -
five regional offices and;at four headquarter sites.
i Locations having access to three system are:
NRC Headquarters - Washington,.0.C. 20555 NRC Region 1 - King of Prussia, Pennsylvania -19406 NRC Region II-- Atlants, Georgia 30303 NRC Region Ill-- Glen Ellyn, Illinois 60137 NRC Region IV - Arlington, Texas 76012 l:
NRC Region V - Walnut Creek, California 94596 8.
Requirements l
l-The contractor shall provide-the necessary personnel to fulfill the requirements of this Statement of Work.
Computer time and use of NRC equipment and facilities will be made available in the Region I office for the scope of this effort.
The requirements of this Statement-of Work are in support of the objectives of the U.S. Nuclear Regulatory L
Commission.
This involves the data entry functions of, Region I for ADP l
System Operation.
Al'1 activities ~ performed under this Statement of l
Work shall be issued by the project officer.
i Specifically, this contract involves data entry activities relating to l
various systems which Region 1 is operationally responsible for.
The Data Entry will be performed on-site at the Region I office'(King of Prussia, PA) using a terminal provided by the NRC.
The estimated volume of Data Entry for each system follows:
(1) RITS - 275 forms per week tot'alling approximately 1,250 lines of input.
l 1
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Page 12 q
NRC-28-90-240' Section C 3
sj (2) I 755 50 forms per week including modification and deletions.
t (3) TRIPPS - 153. forms per week.'
>r (4) LMS - 1000 lines of ent.ry per week.
. I t1 is estimated.that the following types of personnel will be required to support these tasks.
Category Minimum Qualifications
.]
Project Manager College degree or equivalent plus approximately 10 years.or more progressive experience in data processing.
Experience should include performance of feasibility studies, systems analysis, system design, programming, testing, and system fnstallation plus at least two years recent experience in managing projects involving development activities.
Must have detailed knowledge of project management responsibilities.
Programmer Afd An individual who is capable of not only interpreting and entering raw data into a computer from code form, source documents, i
etc., but who is capable of setting up the necessary pre-established job control i
procedure in the proper sequence with Eppropriate control cards to execute, audit, update and report generator programs as required.
He/She must have a minimum of one year experience with data entry and systems operations tasks, General Maintenance of Input Terminal and Printer to Keep Operational on a Weekly Basis Deliverables 1.
Power on and maint in printer up status at start of work day untti end of work day.
2.
Reports to be extracted, separated between job numbers, and placedon work table.
3.
Printer paper, ribbon, to be replaced as needed and a count log to be kept after each change. When down to a certain count, supplies to be reordered or Management Analyst, Resources Manageinent Branch, to be notified of such need.
4.
TRIPPS forms to filed in individual file folders within
.._ g, 3.-
h?
Page 13 E"
NRC-28-90-240-Section C'.
t '
.one week.following entry into!the system.:
i(End of: Clause).
d 5-6 -
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h 1
r e
't
(
1 I
t I
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l I
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t
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. Page 14 i
NRC-28-90-240.
Secticn D
=i i-SECTION D - PACKAGING AND MARKING 10.1
' PACKAGING AND MAPXING (MAR 1987) j The. Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission-Regulations, Uniferm Freight e
Classification Rules, or regulations of other carriers'as applicable
-to'the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which l
the' product is being provided.
i i
(End of Clause) t
)
4 8
L
~,
d' Page 15' Section E NRC-28-!)0-240 ;
o SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES. INCORPORATED BY REFERENCE NOTICE: =The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)-
' NUMBER DATE TITLE 52.246-6 JAN 1986. INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR 9
- l F
be Page 16 NRC-28-90-240.
S:ction.F.
~
SECTION F - DELIVERIES OR PERFORMANCE
- i
.I o
F,1 NOTICE LISTING CON',RACT CLAUSES INCORPORATED BY REFERENCE ~
NOTICE:
The following solicitation provisions and/or' contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE' 52,212-13 AUG-1989 STOP-WORK ORDER i
F.2 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE II (MAR 1987) j i
This contract shall commence on 7/4/90 and will expire on
.l 7/3/91.
The term of this contract may be extended at the option-of the Government for an additional 1 year period, I
(End of Clause) t i
i
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9 7
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Page 17
- NRC-28-90-240-Secticn G SECTION G - CONTRACT ADMINISTRATION DATA i
G.1 PROJECT OFFICER AUTHORITY (JUNE 1988) a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Robert J, Gross Address: US Nuclear Regulatory Commissi r 475 Allendale Road Kinn of Prussia, PA.19406 Telephone Number: (215) 346-5350 b.
Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer.
The term " Technical Direction" is defined to include the following:
1)'
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.
2)
Provide advice and guidance to the Contractor in the
)
preparation of drawings, specifications or technical portions.of the work description.
3)
Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.
c.
Technical direction must be within the general statement of work stated in the contract.
The Project Officer does not have the L
authority to and may not issue any technical direction which:
q
- 1) ' Constitutes an assignment of additione' work outside
[
s the general scope of the contract.
l
- 2) Constitutes a change as defined in the " Changes" clause of this contract.
l.
3)
In any way causes an increase or decrease in the total l-estimated contract cost, the fixed fee, if any, or the time required l
for contract performance.
Ll'
- 4) Changes any of the expressed terms, conditions or li l
r j e
Page 18
-NRC-28-90-240 Section G; 1
F^ g
. specifications of.the contract.
5)_ Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive g
~
wnatever.
- d. -All' technical directions shall be issued in writing by the Project Of ficer or shall be confirmed by such person in writing within ten (10) working-days after verbal issuance. A copy of said
g written direction shall be furnished to the Contracting Officer, e.
The_ Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the j
manner prescribed by this clause and within such person's authority under the provisions of this clause.
f.
If, in the opinion of the Contractor, any instruction or
(
direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5)
. working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract s
accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that,- in the Contracting Officer's opinion, the technical direction is within the scope.of this article and does not constitute a change under the Changes Clause.
g.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the
~
Contractor's performance and may even result in the Contractor expending funds for unallowable costs under the contract.
h.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes.
i.
In-addition to providing technical direction as defined above, the Project Of ficer is_ responsible for:
- 1) Monitoring the Contractor's technical progress, includino surveillance and assessment of performance, and recommending to the Contracting Officer changes in-requirements.
- 2) Assisting the Contractor in the resolution of technical problems. encountered during performance.
- 3) Reviewing all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(End of Clause) l
y
)
1
/
bge' 19 NRC-28-90-240.
S2ctiuti H SECIION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (MAR 1987) a.
The following individuals are considered to be essential J
.to t e success uf l performance of the work hereunder.
h Octavia Henderson The Contractor agrees that such personnel shall not be-removed from the contract work or replaced without compliance with
- paragraphs b and c hereof.
' b.
If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is.
expected to devote substantially less effort to the work thsn-indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and quali f_ications.
- c.. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.
They 1
contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution.
The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her L
approval or disapproval thereof in writing.
d.
If the Contracting Officer determines that:
l
- 1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become l'
unavailable for the contract work is not reasonably forthcoming; or
- 2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the t
m Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
(End of Clause)
x; Page 20-NRC-28-90-240 Section H H.2 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
- and safety of employees and'of members of the public and to minimize g
danger from all hazards to life-and property and shall comply with-all-applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.
In the event that the Contractor fails.
to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of' the work; thereaf ter, a' start' order for resumption of work may be
[
issued at the discretion of the Contracting Officer.
The: Contractor-t shall make no claim for at. extension of time or for compensation or damages by reason of or in connection with such work stoppage.
(End of Clause)
H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988) l I
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed er 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)
H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST l
(a) Purpose.
The primary purpose of this clause is'to aid in ensuring that the contractor:
(1).is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair i
competitive advantage over other parties by virtue of its performance of this contract, l'
(b) Scope.
The restrictions described apply to performance or participation by the contractor as defined in 41 CFR S20-1.5402(f) in the activities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause.
If the contractor has reason to believe with respect to itself or any employee that any proposed consultant Sr other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of
.x 3
Page 21-7 NRC-28-90-240.
Section H r
ES such contractual arrangement.
(d) Disclosure after award.
(1) The contractor warrants that to the.best of its knowledge and belief, and except as_otherwise set forth in this contract, it does not have any organizetional< conflicts
- of interest as defined-in 41 CFR 620-1.5402(a).
(2) The contractor agrees that, if after award, it discovers organizational conflicts.of interest with respect'to f
this contract, it shall make an immediate and full disclosure in writi.ng to the contracting officer..This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate:such i>
conflicts.
The NRC may, however, terminate the contract if termination is in the best interest of the Government, i
(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, j
policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. - L.93-579), or data-which has not been released to the public, the contractor agrees not to:
(1) Use this information for any private purpose until the information has been released to the public-
.(11) Compete for work for the Commission based on-l the information for a period of six months af ter either 1
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 a
the release of the information to the public, or (iv) Release the information without prior written approval by the contracting officer unless the information has previously. been released tu the public by the NRC.
(2)
In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act'of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor
~
shall treat the information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private
-Page 22 u.
NRC-28-90-240.
Ssetion H purposes provided that all requirements of_this contract have been met, (f) Subcontracts.
Except as provided in 41 CFR 620-1.5402(h),lthe contractor shall include this clause, including
'this paragraph, in subcontracts of any tier.
The terms
" contract," " contractor,".and " contracting officer," must be-appropriately modified to preserve the Government's rights.
(g) Remedies.
For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract-or for such erroneous. representations that necessarily imply bad-faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h)' Waiver.
A request for waiver under this clause must be directed in writing through the contracting of ficer to-the Executive Director for Operations (E00) in accordance with the procedures outlined in 41 CFR S20-1.5411.
(End of Clause)
H.5
' DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (N0V-1989)
Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the-U.S. Department of Labor Wage Determination Number which is attached (See Section J for List of Attachments).
(End of Clause)
H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988)
The Government will not provide any equipment / property under this contract.
(End of Clause)
H.7
. SITE ACCESS BADGE REQUIREMENTS (JUNE 1988)
During the life of this contract, the rights of ingress and egress for contractor personnel shall be made available as required.
In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government.
The Project Officer will assist the Contractor in obtaining the badges for the contractor personnel.
It is the sole responsibility of the Contractor to insure that each employee has proper
- s:
L Page 23-
- 7
.NRC-28-90-240' Section H
= identification'at all times.
All. prescribed identification shall be-immediately delivered to the Security Office for cancellation or)
-disposition upon the termination of employment of,any contractor personnel.
Contract ~ personnel must have this identification in their possession during on-site performance under.this contract.
Itl is the Contractor's' duty to assure the safeguarding of any.
n Government records or data that contractor personnel may come into contact with.
Adherence with-special requirements for Foreign-.
Nationals, in accordance with NRC Manual Chapter 2101, Part VII.C is tL4 responsibility of the Contractor.
(End of Clause) i-e k
i -
Page.24
- NRC-28-90-240.
Secticn I I
PART-111 - CONTRACT. CLAUSES CONTRACT CLAUSES" SECTION-I I.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 reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 1 NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS ~
52.203-1 APR 1984 0FFICIALS.NOT TO BENEFIT l-52.203-3 APR 1984 GRATUITIES l
52.203-5. APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON' SUBCONTRACTOR l
SALES TO THE GOVERNMENT l:
52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S.-
l-INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, i.
SUSPENDED, OR PROPOSED FOR.
DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL-
-52.215-2 APR 1988 AUDIT -- NEGOTIATION 52.215-31 SEP 1987 WAIVER OF FACILITIES CAPITAL COST OF MONEY 1.
52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.217-8 AUG 1989 OPTION TO EXTEND. SERVICES 52.219-8 FEB 1990 UTILIZATION.0F SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS i..
CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-
[
OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR L
SURPLUS AREA CONCERNS
^
52.222-3 APR 1984 CONVICT LABOR H
52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS I
52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPE0 WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS l
OF THE VIETNAM ERA l
l
k*.
E#4
.Page 255 NRC-28-90-240' SectiCn I y
g.
52,223-2' APR 1984 l CLEAN AIR-AND WATER L52.225-13' MAY.1989'. RESTRICTIONS ON CONTRACTING' WITH. SANCTIONED PERSONS-i 52.227-1 APR 1984 AUTHORIZATION AND CONSENT-52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING k
PATENT AND COPYRIGHT: INFRINGEMENT 52.232 APR 1984 PAYMENTS UNDER-TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS ALTERNATE II (JAN 1986)
J 52.232-9 APR 1984. LIMITATION ON WITHHOLDING
^
OF PAYMENTS-52.232-17 APR 1984 INTEREST-52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 OISPUTES 52.233-3 AUG 1989-PROTEST AFTER AWARD 1
52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION 52.243 AUG 1987 CHANGES -- TIME-AND-MATERIALS'OR LABOR-HOURS 52.244-3 APR 1985 SUBCONTRACTS (TIME-l AND-MATERIALS AND LABOR-Il0VR CONTRACTS) 52.246-25 APR 1984 LIMITATION OF LIABILITY -- SERVICES-1 52.249-6
_MAY 1986 TERMINATION (C0ST REIMBURSEMENT)
H ALTERNATE IV (APR 1984) 52.249-14 APR 1984 EXCUSABLE DELAYS jl 52.215-22 APR 1988 PRICE REOUCTION FOR DEFECTIVE COST OR PRICING. DATA b2.215-26 APH 1987 INTEGRITY ~0F UNIT PRICES j
ALTERNATE I (APR 1987) j l
I.2 LIMITATIONS ON' SUBCONTRACTING (FAR 52.219-14) (OCT 1987)
By submission of an offer and execution of a~ contract, the Offeror / Contractor agrees that in performance of the contract in the case of a. contract for--
]
(a) SERVICES (EXCEPT CONSTRUCTION).
At least 50 percent of the cost of contract performance incurred for personnel shall be exper.ded for employees of the concern.
(b) SUPPLIES (OTHER THAN PROCUREMENT FROM A REGULAR DEALER IN SUCH SUPPLIES)..The' concern shall perform work for at least 50
-percent of the cost of manufacturing the supplies, not including the cost of materials.
(c) GENERAL CONSTRUCTION.
The concern will perform at least 15 percent of the cost of the contract, not including the cost of nate-fals, with its own employees.
- 1) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS.
The concern will
4
- , y.
Page 26 NRC-28-90-240 Section I i
< perform at least 25 percent of the cost of the contract, not including-the cost of materials, with its own employees.
c (End of Clause)
.I.3-DRUG-FREE WORKPLACE (FAR 52.223-6)
'(MAR 1989)--
-(a) Definitions.
As used in this clause, " Controlled Substances"
'means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined--in. regulation at 21 CFR 1308.11-1308.15.
'" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
C.
" Drug-free workplace" means a site for the performance of work 4
done in connection with a specific. contract at which employees of the Contractor are prohibited from engaging in the unlawful 4
manufacture, distribution, dispensing, possession, or use of a o
controlled substance.
" Employee" means an employee of a Contractor directly engaged in
.the-performance of work under a Government contract.
" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.
(b) The Contractor, if other than an individual, shall-
.(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about-(1)
The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) An" available drug counseling, rehabilitation, and employee; assis'.ance programs;.and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
Page 27 NRC-28-90-240 Sectien I j
(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 stat
- nt 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 of any criminal drug statute h
conviction for a violation occurring in the workplace no later than five (5) days after such conviction, (5) Notify the contracting officer within ten (10) days af ter receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual-notice of such conviction; -
(6) Within 30 days after receiving notice under subparagraph
-(b)(4)(ii) of this clause of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of drug abuse viclations occurring in the workplace:
(i) 'Taking. appropriate personnel action against such employee, up to and including termination; or (11) Re' quire 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.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this' clause.
(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance-in the performance of this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506, render the contractor subject to suspension of contract payments, termination of'the contract for default, and suspension or debarment.
(End of Clause)
Page 28
'NRC-28-90-240 Section I' s
--.1 l1.4
. PROMPT, PAYMENT (FAR 52.232-25)'(APR 1989)
J Notwithstanding any other payment clause in this' contract,;the Government.will make invoice payments.and contract financing payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is
' dated or an electronic fur.d.: transfer is made.
Definitions of pertinent terms are set farth in 32.902. All days referred to in-this clause are calendar days, unless otherwise specified.
The term
'" foreign. vendor" means an incorporated concern not incorporated in the. United States, or unincorporated concern having its principal place;of business outside the United States.
7
-(a). Invoice Payments.
(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies te e Contractor under a contract i
or other authorization for supplies or services accepted by the Government.
This includes payments for partial deliveries that have been-accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.
l (2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for makk., invoice payments by the designated payment office shall be the later of the following two events:
1 (i) The_30th day after the designated billing office has i
received a proper _ invoice from the Contractor.
(11) 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 of the contract settlement.
However,_if 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 after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food p oducts, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.182(3)) and further defined in Pub. L.98-181 to include any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product
NRC-28-90-240' Secticn I
?
del ivery.
(ii).ihe due date for' perishable agricultural. commodities, as defined in Section 1(4) of the Perishable Agricultural Commoditiet-Act'of 1930.(7 U.S.C. 499a(44)), will be as close as possible to, but,not later than, the 10th-day af ter product delivery, unless another date is specified in the contract.
(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 has been received.
t (4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed.
An invoice shall be prepared and submitted to the designated billing office specified in the contract.
A proper invoice must include the items listed in subdivisions (a)(4)(1) through (a)(4)(viii) of the clause.
If the-invoice does not comply wit- +hese requirements, then the contractor will be notified of the di.. f within.7 days after receipt of the invoice at the designated bili'i g office (3 days for meat and meat food products'and 5 days t
for perishable agricultural commodities,. edible fats or oils, and food products prepared from edible fats or oils).
Untimely notification will be taken into account in the computation of any i
interest penalty owed the Contractor in.the manner descrioed in l
subparagraph (a)(6) of this clause.
[
1 (1) Name and address of the Contractor.
H
.(11) Invoice date.
l (iii) Contract number or other authorization for supplies delivered or services. performed (including order number and contract line item number).
(iv) Description, quantity; unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and l
'date of shipment, prompt payment discount terms).
Bill of lading i~
number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment K
is to be sent (must be the same n that in the contract or in a proper notice of assignment) u (vii) Name (where pri
, title, phone number and i
mailing address of person '
ried in event of a defective invoice.
(viii) Any other informatn, or documentation required by other requirements of the contract (such as evidence of shipment).
s q
Page 30 a
.NRC-28-90-240 Secticn I (5)~An. interest penalty shall be paid automatically by the-W Government, without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a.)(5)(1) through (a)(5)(iii) of this' clause are met, if applicable.
l An. interest penalty shall not be paid on contracts awarded-to foreign vendors outside the United States for work performed outside the United States.
(i) A proper invoice was received by the designated billing L
' of fice.
l L
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over-quantity, quality, or contractor compliance with-any contract term
.or condition.
(iii)
I.. the case of a final invoice for any balance of funds-due the Contractor for supplies delivered or services performed, the L
amount was not subject to further contract settlement actions L
between the Government and the Contractor, i
L (6) The interest penalty shall be at the rate established by the Secretary of the Treasury under-Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in'effect on the day after the due date,'except where the interest penalty is prescribed by other 1
governmental: authority.
This rate is referred to as the
" Renegotiation Board Interest Rate," and it is. published in the l
Federal Register semiannually on or about. January 1 and July 1. The 1
interest penalty shall accrue daily on the invoice payment. amount 1
approved by the Government and be compounded in 30-day increments j
inclusive from the first day after the due date through the payment date.
That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.
i If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagrt.ph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period.
Any interest penalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by. the designated payment of fice for errors l
in calculating interest penalties, if requested by the Contractor, l-(1) For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day after the t
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 i
compliance with a contract provision.
In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance.
The constructive acceptance requirement does not, however, compel Government officials to accept supplies or i
e s
$,k?
Page 31'.
Z' NRC-28-90-240 Section I-
,v5
. services, perform contract administr.ition functions, or make payment prior to_ fulfilling their responsibilities.
(ii) The-following periods of timt 4111 not be included in the determination of an interest penalty:
(A) The period taken to notify the contractor of defects in invoices submitted to the Government, but this may-not exceedL7 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities, dairy products, edible fat or oils, and food products prepared from edible fats or oils).
.(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii)-Interest _ penalties will not continue to accrue aft'er the filing of a claim for such penalties under the clause at-52.233-1, Disputes, or for more than'1 year.
Interest penalties of '
less than $1.00 need not be paid.
(iv) Interest penalties are not required on-payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of.the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a discount for prompt payment is taken improperly. The interest 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 af ter 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 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:
(i) Is owed an interest penalty; (11) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.
'(b) Contract Financing Payments.
(1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of
p
']
.s e4 Page:32 NRC-28-90-240 Section I l
- supplies or services by the Government.
Contract financing ~ payments l
include advance payments,l progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a i
percentage.or stage.of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause.at 52.232-10,-Payments Under 1
Fixed-Price Architect-Engineer Contracts, and interim payments on L,
cost type contracts.
1 (2) For contracts that provide for contract fina'ncing, requests L
for payment shall-be submitted to the designated billing office as L
specified-in this. contract or as directed by the Contracting Officer.. Contract financing payments shall be made on the 30th day
'af ter receipt of a proper contract financing request by the designated billing office.
In the event that an audit or other review of a specific financing request is required to ensure.
compliance with the terms and conditions of the contract ~, the designated payment office is not compelled to make payment by.the due date specified.
1 1
(3) For advance payments,- loans, or other arrangements-that do e
D not involve recurrent submissions of contract financing requests, a<
payment shall be made in accordance with the corresponding contract-L terms or as directed by the Contracting Officer.
1 l
(4) Contract fi,'ancing payments shall not be assessed an l-
' interest penalty for payment delays.
(c) If this contract contains the clause at 52,213-1, Fast Payment i '
Procedure, payments will be made within 15 days after the date of
~
receipt of the invoice.
(End of Clause) i I.5 ELECTRONIC FUNOS 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 the option.of the Government.
After award, but no later than 14 days before an invoice or contract financing -aquest is submitted, the Contractor shall designate a financial it. i.ituti_on 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 (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number
o a
Page 33
.,NRC-28-90 240 Secticn I i
for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
(3) Payee's account number at'the financial institution where funds are to be transferred.
s (4) lf the financia) institution does not have access to the Federal Reserve Communications System, name, a'ddress, and t
telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity.
Provide the telegraphic abbreviation and the American Bankers Association identifying number for the correspondent institution.
(b) For payment through ACH, the Contractor shall provide the following information:
m (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for checking, "S" for savings).
~(4) If the Centractor is a new enrollee to the ACH system, a
" Payment Informetion Form," SF 3881, must be completed before payment can be processed.
(c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any phyment made using electronic funds transfer procedures, notification of such chage and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.
(d) The documents furnishirg the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provVde it, as well as the Contractor's name and contract number.-
(e) Contractor failure to properly designate a financial institution or to provide appropris.te payee bank account information may delay payment of amounts otherwise properly due.
i (End of Clause) 1.6 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)
This contract incorporates one or mo,e clauses by reference, with c
the same force and effect as if they were given in full text. Upon
7 i
NRC-28-90-240 Section I g
request, the Contracting Officer will make their full text available.
(End of Clau,e) l.7 OPTION TO EXTEND THE TERM OF TdE CONTRACT--SERVICES f
(FAR 52.217-9) (APR 1980 (a) The Government may extend 'he term of this contract by written notice to the Contractor within the time specified in t'i Schedule; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
t (c) The total duration of this contract, including the exercise of I
any options under this clause, shall not exceed 2 years.
(End of Clause) 1.8 SPECIAL 8(a) CONTRACT CONDITIONS (FAR 52.219-11)
(FEB 1990)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an elip' 1e conce.n pursuant to the provisions of section 8(a) of '-
' mall Busti. ass Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated eithe in whole or in part without cost to either party.
(c) Except for novation agreements and advance payments, delegates to the U. S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the' subcontract; PROVIDE 0, HOWEVER, that the U. S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice L
1 terminating the right of a subcontractor to proceed with further j
performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.
S. Nuclear Regulatory Commission.
,A
- y. i tr NRC-28-90-240 S:cti:n I u
'( e) That the' subcontractor awarded a subcontract hereunder shall have the right of-appeal from decisions of the Contracting Officer 64
.1 cocnizable under the " Disputes" clause of said subcontract.
J (f)= To notify the U.S. Nuclear Regulatory Commission Contracting Officer'immediately upon notification by the subcontractor that the
' owner or owners upon whom 8(a) eligibility was based plan to relinguish ownership or control of the concern.
(End of clause) t 1.10 SERVICE CONTRACT ACT OF'1965, AS AMENDED (52.222-41)
(MAY:1989)
{
~
(a) Definitions. :"Act," as used in this clause, means the Service C.mtract Act of 1965, as amended (41 U.S.C. 351, et seq.).
'" Contractor," as used in this clause or in any subcontrcct, shall be deemed to refer to the subcontractor, except in the term
" Government Prime Contractor."
j
'" Service employee," as used in this clause, means any person engaged in the performance of this contract other than any person c ployed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code ef federal Regulations, as revised it includes all such persons regardless of any contractual relationship that may be alleged to i
exist between a Contractor or subcontractor and such persons.
<r (b) Applicability. This contrect is subject to the following provisions and to all other applicable provisions of the Act and regulations of: the Secretary of Labor (29 CFR Part 4). This clause
-coes not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356,. as
~!
hterpreted in F bpart C of 29 CFR Part 4.
(c) Compensation. (1) Each service employee employed in the performance of this contract by the Cont dctor or any subcontractor r.all be paid _not less than the minimum monetary wages and shall be
%enished fringe benefits in accordance with the wages and fringe renefits determined _by the Secretary of Labor, or authorized
-frresentative, as specified in any wage d' termination attached to tris contract.
(2)(1) If a wage determination is attached to this contract, the
> tractor shall classify any class of service employee which is not
' sted therein and which is'*o be employed under the contract (i.e.
tre work to be performed is not performed by any classification e
1 4ted in the wage determination) so as to provide a reasona.le "flationship (i.e., apprcpriate level of skill r.omparison) between m unlisted classificatinns and the classification *. listed i, *be
.tw determination. Such conformed class o' e,nlov - shall be N i-m9netary wagos and furnished the fringe heefi:
- c. v o
- ormined pursuant to the procedures in tN ' paragraph (c ).
l
a P;ge 136
?
NRC-28-90-240 S'Cti23 I I
i i
t (11) This conforming procedure shall be initiated by the Contractor prior to the performance of' contract work by the unlisted class of employce. The Contractor ahall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The l
Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF _1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove-the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Vage and Hour Division shall be transmitted to the Contracting Of ficer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable "elationship to those listed in a wage determination cannot be, educed to'any single formula.
The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way cif ferent jobs are rated under Federal pay systems (Federal Wage Beard Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate (s) is tha concept that a rey relationship should be maintained between job c'lassifications basec on the still required and the duties performed.
1 m_
y
'h:
NRC-28-90-240 Secti;n !
(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classificatio.is to be used on the contract which are listed in the current wage determination, and those specifiti for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ti) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification.
Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this centract.
(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.
NRC48-90-240
$:cti:n I (3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment af ter 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.
(d) Obligation to Furnish Fringe Benefits, The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent i
combinations of bona fide fringe benefits, or by making equivalent or dif ferential cash payments, only in accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contic W : or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employce.
(f) Successor Contracts If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this
(
contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless the Secretary of labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, t iat the collective bargaining agreement applicable to service emtloyees employed under the predecessor contract was not entered int o as a result of arm's length negotiations. Where it is
L Page 39 NRC-28-90-240 Scction I t
found in accordance with the review procedures provided in 29 CFR 4.10 and/or.4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective t;argaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the Tse may be, irrespective of whether such issuance occurs r
prior to ;r after the award of a contract or subcontract (53 Comp.
e Gen. 401 (1973)).. In the case of a wage determination issued solely as'a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative
- decision, t
(g) Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requireme.it is a violation of section 2(a)(4) of the Act and of this contract.
(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925.
(i) Reccids. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:
l (1) For each employee subject to the Act --
(A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;
l 4
Page 40 NRC-28-90-240
' M1:n I (C) Daily and weekly hours sorked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or
)
weekly compensation of each employee.
(ii) For those classes of service employees not included in any l
wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the i
Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which a
had been furnished to the Contractor as prescribed by paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce tcese records, the Contracting Officer, upon direction of the i
Department of Labor and notification to the Contractor, shall take I
action to cause suspension of any further payment or advance of funds until the violation ceases.
(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours, i
(j) Pay Periods. The Contractor s;;all unconditionally pay to each 1
employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or J
Regulations, 29 CFR Part 4), rebate, or kickback on any account.
These payments shall be made no later than one pay perind following the end of the regular pay period in which the wages were earned or 1
accrued. A pay period under this Act may not be of any duration I
L longer than semi-monthly.
L l
(k) Withholding of Payments and Termination of Contract. The l
Contracting Officer shall withhold or cause to be withheld from the l
Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event i
of failure to pay any employees subject to the Act all or part of l
the wages or fringe benefits dee under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds u'it11 l
such violations have ceased. Additionally, any failure to comply l
with the requirements of this clause may be grounds for termination l
l
Page 41 c.
NAC-28-90-240 Section I L
of the right to proceed with the contract work. In such event, the 4
Government may enter into other contracts or arrangements for 1
completion of the work, charging the Contractor in default with any additional cost.
1 (1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on thc contract, and a copy of -
the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.
(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnM the Contracting Of ficer a certified list of the names, of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of i
employment on the contract either with the current or predecessor i
Contractors of each such service employee. The Contracting Officer 1
l shall turn over such list to the successor Contractor at the comm*ncement of the succeeding contract.
(o) Rulings and Interpretations. Rulings and interpretations of l
the Ac' are contained in Regulations, 29 CFR Part 4.
(p) Contractor's Certification. (1) By entering into this 1
contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the 1
sanctions imposed under section 3 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.
(3) The penalty for making false statements is prescribed in the
i i
[4 Page 42 j
NRC-28-90-240 Secti:n I U.S. Criminal Code, 18 U.S.C. 1001.
(q) Variations, Tolerances, and Exemptions Involving Employment.
Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental def f eiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) ef the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts $20, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate i
i rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof),
applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938(29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.
The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than
Page 43 NRC-28-90-240 Secti n I the ratio permitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month 10 tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per iur beginning January 1, 1981. To use this provision --
(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the applicable 5ervice Contract Act minimum wage through the combination of direct wages and tip credit; and (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
J (End of clause) l i
Page 44 NRC-28-90-240 Secti:n J i
PART III - LIST OF DOCUMENTS, EXHIBI15 AND OTHER ATTACHMENTS i
i 1
i SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title I
Billing Instructions 2
NRC Contracter Organizational Conflicts of Interest (41 CFR Part 20) 3 Wage Determination J
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PART 201
- SENERAL i
Su6part 20-1.54--Contractor Organizational Conflicts of Interest Sec.
1-20 1.5401 Scope and. policy.
I 20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational
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sonflicts of interest.
j 20 1.5404 Representation.
L 20 1.5405 Contract clauses.
L 201.H06 1 General contract clause.
20 1.5405-2 Special contract provisions.
20 1.5404 Evalustian, findings, and contract Award.
20-1.5407
<enflicts identified after award.
20-1.5408 Reserved) 201.540g Reserved) 20 1.5410 ubcontractors, i
20-1.5411 Waiver.
I 20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.35-401, &dding Sec.170A to Pub. L.83-703, 68 Stat. g1g, as amended (42 U.S.C. ch.14) l 120-1.5401 Scope and Policy.
(NRC)(a) It.is the policy of the U.S. Nuclear Regulatory Comissionto avo l-of interest.
The NRC achieves this objective bv requ' ring all prospect'ive contractors to submit information describing reittionshios, if any, with i
organisations or persons (including those regulated by NRC) which may 9
give rise to actual or* potential conflicts of interest in the event of r
contract award.
(b)
Contractor conflict of interest determinations cannot be made automatically or routinely) the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be ' applied so as to satisfy the everall public interest.
It is not pouible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arisen however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is Might the contractor, if awarded the coni,ract, be placed in a position where its' judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies te contractors and offerers only.
Individuals or firds who have other-relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this reguistion.
This rule does not apply to the acquisition l
of consulting services through the personnel appointment orocess, NRC 1
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7590-01 agreements with other government agencies, international organisations, or state, local or foreign governments separata precedures for avoiding conflicts of interest wi.1 be employed in such agreements.,as appropriate.
120-1.5402 Definitions (a) ' Organizational conflicts of interest" means that a relationship entsts whereby a contractor or prospective contractor has present or planned interests ~ related to the work to be performed.under an NRC contract whicht (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b)
- Re' search" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) *tvaluation activities
- means any effort involving'the appraisal of a technology, process, product, or policy.
(d internal) assistance to a component of the NRC in the femulation or' Technical con administration of its prograas, projects, or policies which nomally require the contractor to be given access to infomation which been made available to the public or proprietary information., has. net Such.
services typically include assistance in the preparation of program planst and preparation of preliminary designs, specifications, or statements of work.
(e) ' Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Sec' tion 20-1.5401(c)
(f) ' Contractor" means any person, firm unincorporated association, joint venture, co-spontor, partnership, corpor,ation, 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.
4 (g) " Affiliates" means business concerns which are affiliates of each other when either' directly or indirectly one concern or individual controls or has the power to control another, or when a* third party controls or has the power to control both (41 CFR 81-1.606-1(a)).
(h) *$ubcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
unincorp) orated association, joint'vanture, partnership, corporation, or (1
" Prospective contractor" nr " offeror" means any person, firm, affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or, unsolicited, to the NRC to obtain a contract.
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7590-01 (j)
'Petential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The term ' potential conflict of interest' is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict er which must be reported to the contracting officer for investigation if they arise during contract perfomance.
I20-1.5403
. criteria for recognizing contractor organizational conflicts of interest fa) General.
Two questions will be asked in determining whet'her actuat or_ potential organizational conflicts of interest exist:
(1)Are there conflicting roles which might bias a contractor's judgment in Polation te its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate detemination by NAC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work-to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationshil which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirement:
consultation or evaluation which call for the rendering of advice, lay direct groundwork for the i
activities. or similar activities that f
NRC's decisions on regulatory activities, future procurements, and l
research programs.
(b)
'tituations or r'elationships which may give rise to organizational conf 1tcts of interest.
(1) The offerer or contractor shall disclose infomation concerning relationships which may give rise to organizational conflicts of interest under the following ciremstances:
(1) Where the offeror or contractor provides advice and recomendatio-to the NRC in a technical area in which it is also providing consulting..
assistance in the same ares to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the,NRC.
L (iii) Where the offerer or contractor evaluates its own products or i
services, or the products or services of another entity where the offerer or contractor has been substantially involved in their development or marketing, c
(iv) Where the award of a contract would otherwise result in
~
I placing the offerer or contractor in a conflicting role in which its i
judgment may be bia ed ir relation to its work for the NRC or may otherwise result in ai. unfair competitive advantage for the offerer or contractor.
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(t) The contracting officer may request specific information from an efferer er contractor er may require special contract previsions such as provided in i201.8405 2 in the following circumstances (1) nihere the efferer er contractor prepares specificattens which i
are to be used in competitive procurements of products er services covered by such specifications.
(ii) mere the efferer er contractor prepares pleas for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodelegies.
(iii) nfhere the efferer er contraster is granted ascess to inforention
. not available to the public concerning MC' pfans, policies, or programs which could fem the basis for a later procurement action.
(iv) nfhere the offerer er contractor is granted access to proprietary information of its competitors.
(v) mere the award of a contract might otherwise result in placing the efferer er contractor in a conflicting role in which its judgment.
may be biased in relation to its wrk for the NRC or any otherwise result in an unfair competitive advantage for the efferer or contractor.
f (c) policy application guidance. The fellowing examples are illustrative only and are not intended to identify and Msolve all contractor organisational conflict of interest situations.
(1) tzample.
The XYZ Corp., in response to a request for proposa' (Up), proposes to undertake certain analyses of a reactor component as called for in the RFp. The XYZ Corp. is one of several companies considered to be technically well evalified. In response to the inquiry in the Up, the XYZ Corp.
advises that it is currently performing similar ar.aiyses far the reactor manufacturer.
Guidance. An NRC contract for that particular work nerina11y would not be averted to the XYZ Corp. because it would be placed in a position i
in which its judgment could be biased in'nlationship to 9ts work for NRC. Since there are other well-qualified companies available, there would be as reason for considering a waiver of the policy.
(t) taamole.
The'A8C Corp., in response to a Up, 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 clierits. None of the ABC Corp.
. projects have any relationship to the work called for in the RFp. Based-on the NRC evaluation, the ASC Corp. is considered to be the best qualified company to perfom the work outlined in the R4.
- 4.
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o 7590 01 SUdance.
An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict.
For example. A8C Corp. would be precluded from the performance of similar work for the' company developing the advanced reactor mentioned in the asample.
g (3) taample. As a result of operating problems in a certain type of commercial nuclear facility,- it is imperative that NRC Secure specific data on various.eperational aspects of that type,of plant <so as to assurp adequate safety pfotection of the public.
Orny one manufacturer has extensive asperience with that type.e'f plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing trograms required to obtain the data in reasonable time. That company as a definite interest in any NRC decisions that might result from the data produced because those decitions affect the reactor's design and thus the company's costs.
- Suidance. 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 attention to the establishment of protective mechanisms to guard against bias.
(4)
Example.' The AL,: Co. submits a proposa'l for a t.ew system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The A8C.Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates tnat no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractor will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrve. When NRC furnishes information to the contractor for the performance of contract work. it shall not be used in the contractor's private activities unless' such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
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1 L
7890-01 (5) taample. The ABC Carp.
in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with 2e representation in the RFP and doing seismolog'ical) studies for several utilities in the tastern United 820-1.8403(b)(1)(1. ABC Corp taforms the NRC that it is presently States but none of the sitas are wi2in the geographic area centemplated by the NRC study.
Suidance. The contracting officer we'c1d normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its.iudgment might be biased.
The work fc-t %ers alause of 820>
1.8408-1(c) would preclude ABC Corp. from acceptun work during the ters of the NRC contract which could create a conflict of interest.
and la(d) Oth'er seasiderations.
(15 The fast that the NRC can identify ter avoid, eliminate, or neutra91:e any potential organizational conflicts arising from the perfomance of a contract is not relevant to a determination of De existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being abl.e to resist tcaptations which arise,from e9anizatiot conflicts of interest, or that a follow 6n procurament is not invo' vad or that a contract is awarded on a competitive or a sole sourts bett.,
110-1.5404 Representation (e) The following procedures are designed to assist' the NRC :entractint officer in determining whether situations or relationships exist -htch may constitute organizational conf 11sts of interest with respes*.o a particular offerer or contrector.
(b) Representat'.on procedure.
The following e antaational conflicts of interes"; representation provision shall included in all solicitations and ur, solicited proporsla fort 1
Evaluation services or activities; (2) technical consulting and manage (me)nt support service *n (3) resaarth; and (4) other contractual situations where special organizatic conflicts of interest provision; are noted in the solicitation and m,uld be included in taa resulting contract.
This rearesentation requirement shall also apply to all modifications for additional effort under the contract except those issued under the ' changes" clause.
Where,i.owever, a statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
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ORGAN!ZAT!0NAL CONFL!CT5 0F INTEREST A!PRt;I4 FAT!0N I
! represent to the best of my knowledge and belief that:
+ The a[verd to of a contract er the modification of an existing contract sees ( ) or s9es not ( ) involve 64tuations or relationships ofthetypesetforthin41CFAI20-1.5403(b)(1). \\
(c). Instructions to offerers.
The following shall be includes in all NRC solicitations:
(1) If the representation as completed indicates that situations er relationships of the type set forth in 41 CFA s to-1.5403(b)(1), are involved, or the contracting offier? etherwise detemines that potential organisational conflicts exist, the efferer j
shall provide a statement in writing which describes in a concise manner all. relevant facts bearing on his representation to the contracting L
officer.
If the contractino officer determines that organisationa (t) Impose appropriate conflicts exist, the following actions may)be taken: disqualify the offeror, or (iii) determine that it is ethenvise In(ii conditions which avoid such conflicts i
the best interest of the United States to seek award of the pontract under the waiver provisions of l
I20-1.5411.
i I
(2) The refusal to provide the represer.tation required by I20-or upon request of the contractino officer the facts required 1.5A04(b)8404(c), shall' resCt in disqualific4 tion' of the efferor for by *1201.
sward.
The nondisclosure or sisrepresentAtion of any relevant interest may also rtsu1*t in the disqualification of the efferer for awerf t er if such nondisclosure er misrepresentation is discovered after aard, the resulting contract may be terminated.
The efferer may also be disqualified
- from subsequent related NRC contracts and be subject to such other 4
remedial actions provided by law or the resulting contract.
(d)
The efferor may, because of actual or potential organizational conflicts of interest. Propose to exclude specific kinds of work from the statements of work contained in a RFP unless the AFP specifically prohibits such exclusion. Any such proposed exclusion by an offerer will be considered by, the NRC in the evaluation of proposals.
If the NRC considers the proposed excluded work to be an essentiel er integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be
-rejected as unacceptable.
(e) The efferor's fatture to execute the representaticr. ra uired by subsection (b) above with respect to invitation for bids will be considered to be a minor informality. and the offerer will be permitted to correct the omission.
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s to 1.5405 Contract clauses 20-1.5405 1 General contract clause 7
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b 75g0 01 i
All contracts of the types set forth in i 2041.5404(b) shall include l
the following clauses:
The primary (purpose of this clause is to aid in1) !s not (a)
Purpose.
ensuring that the contractor:
because of current or planned interest (financial, contractual, organizatier or otherwise) which relate to the work under this contract and (1) does not obtain an unfair competitive advantage ever other parties by i
virtue of its performance, of this contract. -
(h Scope.
The restrictions described herein shall ap I to performance or participation by the con +eactor as defined in 4 CpA t 201.5402(f) in the actitities esvered by this clause.
(c)~ Work for others.
NotwitMtanding any other prevision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or' other contractual arrangements with any fire or organization, the result of which may give rise to a conflict il' of interest with respect to the work being performed under this contract.
The contractor. shall ensure that all employees who are employed full time under this contract and employees designated as key personnel. if any, under this contract abide by the prevision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with ey firm or organization may involve a potential conflict of interest, the contractor shall obtain the writter, approval of the contracting officer prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1) The contractor warrants tAat to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 820-1.5402(a).
(1) The contractor agrees that if after award it discovers organizati conflicts of interest '..ith respect to f.his centract it shall make an issediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the conieractor has taken or proposes to take to avoid or mitigat.a such conflicts. The NAC shay however, terminate the contract or convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1)Ifthecontractorin the perfomance of'this. contract obtains access to information, such as
+
NAC plans, policies, reports. studies. financial plans, internal data -
i protected by the Privacy Act of 1974 (Pub. L. g3-573;. or data which has not been released to the public, the cohtractor agrees not to: (1)Use such information for any(private purpose until the information has been released to the public;
- 11) compete for work for the Comission based
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7590 01 i-en such information for a~ period of six (6) months after other the comoletion of this contract or the release of such information to the public, whichever is first, (iii) submit en unsolicited proposal to the, government based on such information until one year after the release of such infomation to the public, or (iv) release the information without prior written approval by the contracting officer unless such infctmation has previously been released to the pub 1' c by the NRC.'
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the privacy Act of ' 374 (pub. L.93-879), or other confidential or privileged technical, business, or financial inferination under'.this contract, the contractor shall treat such information in accordance with restrictions placed en use of' the information.
(3)
The contractor shall have..sub. ject to patent and security provisions of this contract, the. fight to use technical data it produces under this contract for private purpos6s provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 8 20-1.5402(h), the '
contractor shall incl,ude this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer.d'shall'be appropriatsiy modified to preserve the government's rights.'
l (g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest i
required to be disclosed concerning this contract or for auch erroneous l
representations as necessarily imp'y bad faith, the government may teminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by ' law or this contract.
(h) Waiver. A requ'est for waiver under this clause shall be.
directed in writing through the contract.ing officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in i20 1.5411.
820-1.8405-2 Special contract provisions.
(4)
If it.is determined from the nature of the proposed contract that organizations-1 conflicts of interest exist, the contracting officer my determine that such conflict can be avoided or after obtaining a.
waiver in accordance with 3 20-1.5411 neutralized through 3e use of an appropriate special contract provision.
If appropriate, tre offerer may' negotiate the terms'and conditions of these clauses, including the extent and time period of any such restriction. These provisions include bat are cet limited to:
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L (1)
Ha*Jware exclusion clauses which prohibit the acceptance of L
production contra.ts following a related nonproduction contract previously i
performed by the contractor; -
(2)
Software esclusion clauses; j
(3)
Clauses' which require the contractor (and certaia of nis key \\
personnel) to. avoid certain organizational conf 1tets of interest; and (4)
Clauses which provide for protection of confidential data and gu,ard against its unauthorized use.
section (1)he following additional contract' clause may De included as (b)
T in the clause ~ set forth in s 10-1.5405-1 when it is determinee-i that award af a follow-on contract would constitute an organizational c
L conflic,t of interest.
(1)
Follow-bn effort.
(1) ine contractor shall be ineligible to L
participate.in NRC contracts, subcontracts, or proposals there?or (solicited or unsolicited) which stem directly from the contractor's performance of wock under this contract.
Furthermore, unless so directed. In writing by I
the contracting officer, the contractor shall not perforin any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or service of another firm if' the contractor has been substantially involved in the development or marketing of su'ch products or services.
(2)
If the contractor under this contract prepares a comolete or essentially corolate, statement of work or specifications, the conttactor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications-unless so directed in writing by the contracting officer, in 9hich case the restriction in this subparagraph shall not apply.
(3)
Nothing in this paragraph shall preclude the contractor from offering ar ss11tng its standard commercial items to the government.
s.to-1.5406 Evaluation, findings, and contract award The contracting offic'er will evaluate all relevant facts nbeitted, by an offeror pursuant to the representation requirements of.1201.540a(b) and other relevant information.. After evaluating this information agains't the criteria of J 20-1.5403. a finding will be made by the contracting officer whether organizational conflicts of < nterest exist with resoect to a particular of.ferer.
If it has oeen determined that conflicts of
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interest ' xist, then the contracting of ficer shall eitner:
e (4)
Disqualify, the offeror from award, 10 e
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F (b)
Avoid or eliminate such cortflicts by appropriate measures; or l
(c) Award the contract under t'he waiver provision of s20-1.5411. '
l 170,61.t407 Conflicts identified af ter award.
If potential organizational conflicts of interest are identified i
after award with respect to a particular contractor, the cortracting officer determines that such conflicts do, in fact, exist and that it web 1d not be jn the best interests. of the government to teminate the con. tract as provided in the clauses required by 120-1.6405, the contracting officer will take every reasonable actiert to avoid, eliminate, or, af ter obtaining a waiver in accordance with $20 1.5411 neutralize the effects of the identified conflict.
120-1.5408 (Reserved) 520 1.540g (Reserved) 120-1.5410 Subcontracts The contracting officer shall require offerors and contractors to iubmit "a. representation statement in accoreance with I20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require i
the contractor to include contract clauses in' accordance with I 20-1.3405 in consultant agreements'or subcontracts involving performance of work under a prime contract covered by this subsection, i20-1.5411 Waiver In the first instance, detemination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recomendation of the contracting officer. and after consultation with the Office of the General Counse.1, the EDO me, waive the policy in specific cases if he detemines that it is in the best interest of the United States to do so.
Such action shall be strictly Itmited to those situations in which:
(1) The work to be perfomed under contract is vital to the NRC programt (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the ustification and approval cocuments shall be placed in the Public cument Room.
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1 7590 01 -
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l 8201 Mit Remedies In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any i
relevant interest require 4'to be provided for this section, the NRC
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may debar the contractor from subsequent NRC-contracts.
1 Dated at Washineten. 0.c this 77th day of Ma'rsh 1979.
For the Nuclear Regulatory Commission j
S
(.L1 t t A t ' ik.
5amuel
. Chilt 5ecretary of the Comission l
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c.
k REVISED 8/89 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS General:
The contractor shall prepare vouchers / invoices for reimbursement of costs in the manner and format described herein.
A sample voucher / invoice is provided for your reference.
FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF the VOUCHER / INVOICE AS IMPROPER.
Number of Copies: An original and three copies, including supporting documentation shall be submitted. A copy of all supporting documents must be attached to each copy of your voucher / invoice.
Failure to submit all the required copies will result in rejection of the voucher /in. voice as improper.
Designated Agency Billing Office:
Vouchers / invoices shall be submitted to the following address:
U. S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Administration Branch, P-902 Washington, D.C.
20555 HAND DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY NRC.
However, should you choose to deliver vouchers / invoices by hand, including delivery by any express mail services or special-delivery services which use a. courier or other person to deliver the voucher / invoice in person to the NRC, such vouchers / invoices must be addressed to the above Designated Agency Billing Office and will only be accepted at the following location:
U. S. Nuclear Regulatory Commission One White Flint North r
11555 Rockville Pike Mail Room Rockville, Mcryland 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.
Note that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts and Property Management.
Agency Payment Office:
Payment will continue to be made by the office designated in the contract in Block 13 of SF 26 or Block 25 of SF 33, whichever is applicable, i
2 REVISED 8/89 Frequency:
The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the Contracting Officer.
Form: Claims shall be submitted in the format depicted on the attached sample entitled " Voucher for Purchases and Services Other than Personal."
Additional copies of the form are available from the Contracting Officer.
The instructions for preparation and itemization of the voucher / invoice are shown on the form.
Task Ordering Contracts:
If the contractor bills for more than one task order under a voucher / invoice, detailed cost information for each individual task order shall be submitted, together with a cumulative summary of. ell charges billed on the voucher / invoice. This includes all applicaole cost elements discussed in paragraphs (a) through (p) of the attached instructions, together with appropriate supporting information.
Billing of Cost After Expiration of Contract:
If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited.
To be considered a proper expiration voucher / invoice, contractor shall clearly mark it
" EXPIRATION VOUCHER" or " EXPIRATION INVOICE."
Final vouchers / invoices ~shall be marked " FINAL VOUCHER" or " FINAL INVOICE."
Currency:
Billings may be exnressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency.
However, the U. S. dollar equivalent for all vouchers / invoices paid under the contract may not exceed the total V. S.
dollars authorized in the contract.
Supersession: These instructions supersede any previous billing instructions.
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REVISED 8/89 INSTRUCTIONS FOR PREPARING 1
COST INFORMATION FOR NRC CONTRACTS J
1 Preparation and Itemization of the Voucher / Invoice:
In order to constitute a proper invoice, the contractor shall furnish all the information set forth below.
These notes are keyed to the entries on the sample voucher / invoice.
i Official Agency Billing Office:
Address the original and 3 copies of the voucher / invoice, together with supporting documentation attached to each copy to:
U. S. Nuclear Regulatory Commission, Division of Contracts and Property Management, P-902, Washington, D. C.
20555.
n Vouchers / invoices delivered by hand, including delivery by an express mail services or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, should be addressed in accordance with the foregoing and delivered,to:
U. S. Nuclear Regulatory Commission,0ne White Fitnt North, 11555 Rockville Pike, Rockville, Maryland 20852.. Hand-delivered vouchers / invoices will not be accepted at other than the above address. Note, however, that the official receipt date for hand-delivered vouchers / invoices will_be the date it is received by the official agency billing office in the Division of Contracts and Property Management.
Payee's name and address.
Show the name of the contractor as it appears in the contract and its correct address. When an approved aesignment has been made by the contractor, or a different payee or addressee has been designated, insert the name and address of the payee.
Indicate the name and telephone number of the individual responsible for answering any questions that the NRC may have regarding the invoice.
(a) Contract Number.
Insert the NRC contract' number Task Order Number, if applicable.
Insert the task nrder number.
(b) Title of Project.
List the full title of the project being performed under the contract.
-(c) Sequential voucher / invoice number. The appropriate sequential number of the voucher / invoice, beginning with 001 should be designated.
Contractors may also include individual internal accounting numbers, if desired, in addition to the 3-digit sequential number.
(d) Project Officer's name as designated in the contract.
(e) Date of voucher / invoice.
Insert the date the voucher / invoice is prepared.
(f) Contract Amount.
Insert the total estimated cost of the contract, exclusive of fixed-fee.
Include this information as it applies to individual t3sk orders as well, L
C 1
4 REVISED 8/89 (g) Fixed-Fee.
Insert total fixed-fee.
Include this information as it applies to individual task orders as well.
(h) Billing Period.
Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred.and for which reimbursement is claimed.
(1) Direct Costs.
Insert the major cost elements:
(1) Direct Labor.
This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as
]
follows:
1 Labor Labor Hrs.
Hours Cumulative Category Negotiated Billed Rate Total Hours Billed i
(2) Fridge Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used, indicate the rate.
Fringe benefits included in direct labor or in uther indirect cost pools should not be identified here.
(3) Direct Equipment.
For educational institutions, list each item costing $500.00 or more and having a life expectancy of more than one year.
For contractors other than educational institutions, list aach item costing $200.00 or more and having a life expectancy of more than one year.
List only those items of equipment for which reimbursement is requested.
A reference shall be made to the following (as applicable):
(a) the item number for the specific piece of equipment listed in the property schedule of the contract; (b) the Contracting Officer's approval letter if the. equipment is not covered by the property schedule; or (c) be preceded by an asterisk (*)
if the equipment is below the approval level.
Further i
itemization of vouchers / invoice. shall only be required for items having spc';ific limitations set forth in the contract.
(4) Mater'als, Supplies, or Other Expendable Items.
These are consumable materials, supplies, and equipment other than that dese aibed in (3) above.
(5) Prerrium Pay.
This is remuneration in excess of the basic hourly rate.
(Requires wr: Pen approval of the Contracting Of f' ce r. )
j (6) Consultant's Fee.
The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC. approval (if not specifically approved in the original contract).
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5 REVISED 8/89 (7)' Travel.
Deenstic travel is travel within the United States, its s
territories,' possessions, and Canada.
It should be billed separately from foreign travel.
3 1
All costs associated with each trip must be shown in the u
following format:
'Date Traveler
, Destination Purpose Cost P
From To From To 5
(8) Subcontracts.
Include separate detailed breakdo',a of a'1-1 m
costs paid to approved subcontractors during the billing period.
(9).0ther.
List all other direct costs by cost element and dollar amount separately.
(j) Indirect Costs - Overhead.
Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimbursement-is claimed.
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(k) Fixed Fee.
If the r:ontract pri jves for a fixed fee, it must be claimed as provided for-by tie tRRtract.
Cite the formula or l
method. of computation.. - The coritra'etor may bill for fixed fee only up to 85% of total fee.
(1) Amount Billed for Current Period.
Insert the amount billed for F
the major cost elements, adjustments, and total amount'for'the period.
i r
(m) Cumulative Amount from Inception to Date of Current Billing.
Insert l
the cumulative amounts billed for the major cost elements and adjusted amounts claimed during this contract.
(n) Total Amounts Claimed.
Iraert the total amounts claimed for the current and cumulative periods.
(o)_ Adjustments.
This includes cumulative amounts billed that have been suspended or disallowed.
(p) Grand Totals.
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-VOUCHERS FOR PURCHASES AND SERVICES OTHER THAN nRSONAL
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lfficialAgencyBilling.0ffice (a) Contract Number
.U.- S. Nuclear Reguhtory Commission
. Task Order No. (If Applicable)-
e Division of Contr ecu and Property-nt 9J
, g, h (b) Title of Project Payee's Name and Qd;g' (c) Voucher Number e
e (d) Project Officer
.i Individual to Contact (e) Date of Voucher-T*
Regarding This Voucher:
Name:.
(f) Contract Amount i
Tel. No.:
(g) Billing Period i
t-(h) This voucher represents reimbursable costs from tiiru Amount Billed j' '
(1 ) Current Period (m) Inception to Date (i)-DirectCosts
.(1) Direct Labor *
~
(2) Fringe Benefits 9 i
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W (if computed as percentage)
C (3) Capitalized Nonexpendable Equipment *
(4) Materials, Supplies and
~Noncapitalized Equi'pment *
'(5) Premium Pay
,(6):/ Consultants
- _(7)i Travel - Domestic
- Foreign *
' +
(8) Subcontract
- l-(9) Dtber Costs * *
- ( d) ; INDIRECT' COSTS A) Overhead
% of
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-(indicate Base).
l Subtotal B) Generd & Administrative Expense
% of Cost Elements Nos.
p Total Costs (k) FIXED-FEE EARNED (Formula)
.(n) Total Amounts Claimed l
,t
. (o) Adjustments Outstanding Suspensions (p)
~6 rand Totals
- (REQUIRESSUPPORTINGINFORMATION.-)
(SEE ATTACHE 0.)
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,L V0UCHERS F0ft sRCilASES AND SERVICES OTHER htAN
.SONAL Official Agency Billing Office:
(a)'ContractNuder NRC-10-81-624 Task Order No. (If A.p11 cable) 002 o
'U. S. Nuclear Regulatory Comission Division of Contracts-and Propertv (b) Title of Project _" Study of Nuclear -
Waste Concepts" Management P-902
~
Washington. 0.C.
20555 Payee's Name and Address (c) Voucher Number 003
~
ABC. Corporation The National Bank
^
100 Main Street or Anywhere, U.S.A.
(d) Project Officer Anywhere, U.S.A.
Assignee for ABC Corp.
(e) Date of Voucher Anywhere, U.S.A.
, (f) Contract Amount Individual' to Contac(When Payments Assigned (9) Billing Period Regarding This Voucher:
Name:
Harry Murphy Tel. No.: 21b-421-Obb4 I
3 3/1/82 thru 3/30/82
( h) This voucher represents reimbursable costs from Amount Billed (l) Current Perio_d.
(m) Inception to Date
( i) Direct Costs
$2,400 E Ron q
(1) Direct Labor
- l (2) Fringe Benefits 0 lb.b%
1,200 (if computed as percentace) 600 i
(3) Capitalized lionexpendable 5,000 8,000 Equipment
- l (4)- Materials, Supplies and 2,000 4,000 a
Honcapitalized Equi'pment
- 150
.i 100 f
(5) Premium Pay 100 100 (6) Consultants
- 700 l
200 (7) Travel - Domestic
- I foreion
- 200 200 (8) Subcontract
- 9,000 j
J,000 (9) Other Costs
- a O m ct Costs WM NW j
(j)
Il1 DIRECT COSTS A) Overhead 100t of Total Direct Costs
$13,600
$29,650 j
(Indicate Base)
$27,200
$59,300
{
Subtotal B) General & Administrative Expense 3,264 6,450 12 % of Cost Elements Nos.1-9. A y
30,464 565.750 Total Costs 1.523 3.400
- ( k) FIXED-FEE EARNED (Formula)
$31,987
$f9.150
. ( n) _ Total Amounts Claimed
( o) Adjustments 1,700 1,700 4
outstanding Suspensions
$30.287 567,450_ _
( p) Grand Totals
- -(RE0 VIRES SUPPORiit1G irtFORMAT10:1. )
f (SEE ATTACHE 0.)
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8)-Subcontractsi p
XYZ' CORP.
(CPFF):
l Direct Labor: _
- 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> 9 $20.00 per hour
$1600.00
=-
5 0/H.
9 $200 9 50%
$800.00
=
Travel - 2 Trips - Wash., DC
$400.00
=
to Boston, MA Profit 9 7%_
$200.00
=
TOTAL:-
53000.00 1
i (k) Fixed-Fec (Formula).
(5%)
i
$350,000"X 5% = $17,500 Total Fixed Fee for this Contract'
$27,200 X 5% = $1360-fee Billed for this Period f,i (o) Adjustments l
$1700 - Indicates enount withheld from voucher #001, now approved by Contracting l
Officer letter 3/10/82.
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SAMPLE I
~ SUPPORTING'INFORMATION-k I
1): Of rect Labor - $2A00 Labor-Labor Hours Hours Cumulative..
]
Category Negotiated Billed Rate Total Hours Billed.
Senior Engineer !
2400~
100-
-$14.00.
$1400 975 Engineer 1500 50
$10.00
$500-465
' Computer Analyst 700 100
$5.00
$500-320 -
N
- 3) Ofrect Equipment
- Spectrometer - General Electric (as approved in Pmperty Schedule) $5,000
- 4).. Materials Supplies & Other Expendable items -
.10 Radon Tubes 9 $110.00
$1100.00
=
6 Pairs Electrostatic Gloves,9 $150.00
$900.00
=
32000.00 y
l
-5) Premium Pay i
J Walter Murphy '- 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />,@ $10.00 Per Hour = $100
-(This was approved by NRC in letter dated 3/6/82.)
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,6 ) Consultants' Fee
- Dr.~ Carney '- 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 9 $100
= $100 L_
7). Travel
- Da'te Traveler Destination Purpose Costs
,T_o, From g
From o
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-3/1/82 3/6/82 William King Chicago, Wash.,
Meeting with
$200
.IL OC Project Officer s
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.. 8)' Subcontracts t'
XYZ CORP.
(CPFF) l-b
' Direct Labor:
- 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> 9 $20.00 per hour. - $1600.00 0/H, 9 50%
$800.00
=
Travel - 2 Trips,- Wash., DC 9 $200
$400.00
=
to Boston, MA Profit 9 7%
$200.00
=
TOTAL:
UTi5670 1
4
^ ( k) [ixed-Fee' (Fomula)
(5%)
l
$350,000"X 5% ='$17.500 Total Fixed Fee for this Contre:t' 327,200 X 5% = $1360 fee Billed for this Period (o) Adjustments
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$1700'- Indicates arnount withheld from voucher.f001, now approved by Contracting Officer letter 3/10/82.
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