ML20059F412
| ML20059F412 | |
| Person / Time | |
|---|---|
| Issue date: | 09/17/1993 |
| From: | Adams O, Davis W, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), PULSAR DATA SYSTEMS, INC., SMALL BUSINESS ADMINISTRATION |
| To: | |
| References | |
| CON-NRC-33-93-227 NUDOCS 9311040294 | |
| Download: ML20059F412 (45) | |
Text
f Pb(2 KGRD/ CONTRACT Page 1 of-2
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)
RATING
- 2. CONTRACT NO.
- 3. EFFECTIVE DAT3
- 4. REQUISITION /PR O.
I NRC-33-93-227
({ /l ?/93 IRM-93-227 dtd.
A303 ~ f3 ~ l-ml3 D 7 /p lo'r
- 5. ISSUED BY Code:
- 6. ADMINISTERED BY Code:
(If other than Item 5)
U.S. Nulcear Regulatory Conmission U.S. Nuclear Regulatory Commission Div. of Contracts & Prop. Mgmt.
Div. of Contracts & Prop. Mgmt Contract Administration Br. No. 2 Contract Administration Br. 2 Washington, DC 20555 Contract Administration Br. No. 2 Washington, DC 20555
- 7. NAME AND ADDRESS OF CONTRACTOR
- 8. DELIVERY PRIME:
U.S. Small Business Administration
[]
FOB ORIGIN Philadelphia Req,4l Office
[X]
OTHER (See below) 475 Allendale Road King of Prussia, PA 19406-1415
- 9. DISCOUNT FOR PROMPT PAYMENT N//A SUB:
Pulsar Data Systems, Inc.
5000 Philadelphia Way - Suite H Lanham, MD 20706 COIEACT: James F. Riley, (301) 459-2650, 357
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6 i
i
- 11. SHIP TO/ MARK FOR CODE
- 12. PAYMENT WILL BE MADE BY CODE 4
See Subsection F.2 U.S. Nuclear Regulatory Commission Division of Accounting & Finance j
GOV /COM Accounting Sec. MNBB/11104
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI K;.!;ATIM AtJTM1
[] 10 U.S.C. 2304 (c) [ ]
[X] 41 U.S.C. 253 (c) [5]
i e n n o es n e ar _.
- 14. ACCOUNTING AND. APPROPRIATION DATA W U * ** UW 8 W, c i.,.M s B&R:
310-20-615-203 FIN:
B8165-3 BOC:
3131
~
Appn No. 31X0200.310 Amount Obligated:
$1,000,000.00 i
15A. ITEM 15B..',UPPLIES/
15C. QUANTITY 15D. UNIT ISE. UNIT. 15F. AMOUNT i
NO.
SERVICES PRICE The NRC hereby accepts Pulsar's technical proposal dated July 20, 1993, to provide microcomputer sytems in accorC=1ce with the schedule, which is incorporated herein ny reference and made part of this firm-fixed-price indefinite. quantity contract.
15G. TOTAL AMOUNT OF CONTRACT
$1,009,376.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribed.by GSA D
9311040294 930917 P
l PDR CONTR O
NRC-33-93-227 ppg
i AWARD / CONTRACT Page 2 of 2 Pages 16.
TABLE OF CONTENTS X SEC DESCRIPTION.
PAGE(S)
PART I - THE SCHEDULE i
A SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS
-C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES 1
CONTRACT CLAUSES l
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 OFFERORS L
INSTRUC"tIONS, CONDITIONS, AND NOTICES TO OFFERORS i
M EVALUAYION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE' ITEM 17 OR 18 AS APPLICABLE-
.7.
[X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign.
- his document and return 4 copies to issuing office.) Contractor agrees
- o furnish and deliver all items or. perform all the services set forth or
)thsrwise identified above and on any continuation sheets for the m sideration stated herein.
The rights and obligations of the parties to
- his contract shall be subject to and governed by the following documents: (a)
'his award / contract, (b) the solicitation, if any, and (c) such provisions, rpresentations, certifications, and specifications, as are attached or
.ncorporated by reference herein.
(Attachments are listed herein.)
.8.
[.] AWARD (Contractor is not required to sign this document.) Your offer an Solic.itation Number including the additions or changes made by.
rou which additions or chhnges are set forth in full above, is hereby accepted
~
ts to the items listed above and on any continuation sheets. This award
~
- on ummates the contract which consists of' the following documents: (a) the
.;overnment's solicitation and your offer, and (b) this award / contract. No
'urther. contractual document is necessary.
L9A. NAME AND TITLE OF SIGNER 20A, NAME OF CONTRACTING OFFICER (Type or print)
SEE ATTACHED TRIPARTITE AGREEt4ENT SHEET SEE AITACHED TRIPARTITE AGREEtiENT SHEET L9B. NAME OF CONTRACTOR 20B. UNITED STATES OF AMERICA by ay(Signature of person authorized to sign)
.(Signature of Contracting. Officer).
19C. DATE SIGNED 20C. DATE SIGNED EXCEPTION TO STANDARD FORM 26 (REV.4-85) j I
Page 3 of 42 i
.n i
s L
TRIPARTITE AGRE.EMENT Signature Pace, h
Prime Contract:. 0303-93-1-00130 Subcontract: NRC-33-93-227 CONTRACT AWARD DOCUMENT i
PRIME CONTRACTOR:
[
US Small Busine Administration 9,, /,!M
-j Us Date:
By:
,k l
Name:
U!ra mes ~
Titie:
f'N"'C23j
- SUBCONTRAC10R:
g NI!93 By:
I h
(
Date:
p Name:
......h,, v. v,w.o, o n.
v..u Pf1ESIDENT/CEO Tit 1e:
4 S}
PROCURING OFFICE:
J US Nuclea egula' r mmissi n O2 Date:
By:
1 Name:
Mary Jo Mattia
Title:
Contractina Officer
- l t
.i i
y j
~,
TABLE OF CONTENTS PAGE
. AWARD / CONTRACT PART I - THE SCHEDULE.
4.
SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS.
4 B.1 PROJECT TITLE.
4 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) 4 ALTERNATE 1 (JUN 1988)
B.3 SCHEDULE OF ITEMS AND PRICES 4
B.4 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS.
5 (JUN 1988)
B.5 INDEFINITE QUANTITY.
6
'SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT.
7 C.1 STATEMENT OF WORK.
7 SECTION D - PACKAGING AND MARKING.
12 D.1 PACKAGING AND MARKING (MAR 1987) 12 13 SECTION E - INSPECTION AND ACCEPTANCE.
E.1 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987).
13 SECTION F - DELIVERIES OR PERFORMANCE.
14
.F.1 PLACE OF DELIVERY--EQUIPMENT (MAR 1987).
14 F.2 DURATION OF CONTRACT PERIOD.
14 F.3 DELIVERY SCHEDULE.
15 i
.SECTION G - CONTRACT ADMINISTRATION DATA.
16 G.1 NRCAR 2052.215-72 PROJECT OFFICER AUTHORITY.
16 ALTERNATE 1 (JAN 1993)
G.2 ORDERING PROCEDURES (MAY 1991) 16 18 SECTION H - SPECIAL CONTRACT REQUIREMENTS.
H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL.
.18 CONFLICTS OF INTEREST (JAN 1993)
H.2 GOVERNMENT FURNISHED. EQUIPMENT / PROPERTY - NONE PROVIDED.
22 (JUN 1988)
H.3 ENGINEERING CHANGES (ADP REQUIREMENTS) (JUN 19 8 8)...
22 24 H.4 GLOSSARY OF ADP TERMS (JUN 1988)
H.S FIPS PUBS AND STANDARDS COMPLIANCE (MAR 1987).
25 H.6 WARRANTY PROVISION.-
25 H.7 PRICE REDUCTION.
26 H.8 TECHNOLOGY REFRESHMENT.
26 PART II - CONTRACT CLAUSES 27 SECTION I - CONTRACT CLAUSES 27 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 27 i
TABLE OF CONTENTS
.PAGE I.2 52.203-9 REQUIREMENT.FOR CERTIFICATE OF PROCUREMENT.
28 INTEGRITY--MODIFICATION (NOV 1990)
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE 30 CONTRACT (MAR 1989)
I ~. 4 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS 31 (FEB 1990)
.I.5 52.219-12 SPECIAL 8 (A) SUBCONTRACT CONDITIONS.
31 (FEB 1990)
I.6 52.219-17 SECTION 8 (A) AWARD (FEB 1990).
32 I.7 201-39.5202-3 PROCUREMENT AUTHORITY (OCT 1990 FIRMR) 33 I.8 201-39.5202-5 PRIVACY OR SECURITY.
33-SAFEGUARDS (OCT 1990 FIRMR)
I.9 201-39.5202-6 WARRANTY EXCLUSION AND LIMITATION.
34 OF DAMAGES (OCT 1990 FIRMR)
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 35 SECTION J - LIST OF ATTACHMENTS.
35 J.1 ATTACHMENTS (MAR 1987) 35 J.2 FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS CHECKLIST...
'35 (APR 1993) 9 4
i j
11
~......-......
Section B NRC-33-93-227 PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS-B.1 PROJECT TITLE The title of this project is as follows:
P
" Purchase of Microcomputer Systems" (End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE 1 (JUN 1988)
(a) Brief description of work:
The contractor shall provide the hardware, software, and services specified in Section C at the fixed unit prices specified in Subsection B.3 below.
This is an indefinite delivery, indefinite quantity type contract.
(b) Orders will be issued for work required by the NRC in accordance with-52.216 Ordering.
Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work'under this contract. The provisions of this contract shall govern all orders issued hereunder.
i
[End of Clause]
B.3 SCHEDULE OF ITEMS AND PRICES
~
Shipping charges shall be included in the unit fixed price of the systems.
BASE YEAR (YEAR ONE OF THE CONTRACT) s Est.
Unit Total l
Item I
No.
Description Unit Quantity Price' Amount 1
Dell 433M -
Ea, 400
$2,139.00 855,600.
l 1486DX/33MHZ W/8MB RAM, 200MB HD w/ Keyboard (C.1.1.A), including Mouse (C.1.1.C), Soft-ware (C.1.1.D), Warranty l
(C.1.2), and Technical Support (C.1.3)
Page 4 of 42
t Section B NRC-33-93-227 B.3 (Continued) 2 System Monitor inch Ea.
400 384.44 153,776.
SVGA Color Display (C.1.1.B) 3 Onsite Warranty, 1-yr.,
Ea.
75 N/C N/C at NRC Regions I through V (C.1.2)
BASE YEAR TOTAL: $1,009,376.
OPTION YEAR (YEAR TWO OF THE CONTRACT)
Item Est.
Unit Total No.
Description Unit Quantity Price Amount 4
Dell 433M -
Ea.
320
$2,139.00 684,480.
1486DX/33MHZ W/8MB RAM, 200MB HD w/ Keyboard (C.1.1.A), including Mouse (C.1.1.C), Soft-ware (C.1.1.D), Warranty (C.1.2), and Technical Support (C.1.3) 5 System Monitor inch Ea.
320 384.44 123,020.
SVGA Color Display (C.1.1.B) 6 Onsite Warranty, 1-yr.,
Ea.
75 N/C N/C at NRC Regions I through V (C.1.2)
OPTION YEAR TOTAL: $
807,500.
BASE AND OPTION YEAR TOTAL: $1,816,876.
[End of Clausel-B.4 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (JUN 19 88)
(a) The total estigated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this.
contract is $1,009,376.00.
The Contracting Officer may unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximwm ordering limitation prescribed under this contract.
Page'5 of 42 m
Section B NRC-33-93-227 B.4 (Continued)
(b) The amount presently obligated with respect to this contract is $1,000,000.00.
The Contracting Officer may issue orders for work up to the amount presently obligated.
This obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract.
The obligated amount shall, at no time, exceed the contract ceiling as specified in paragraph a above.
When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk.
[End of Clause]
B.5 INDEFINITE QUANTITY As this is an Indefinite Quantity type contract, the -Government will purchase, for the base year, a minimum of:
150 System Configuration Microcomputers (Item 1 above);
150 System Monitors (Item 2 above);
75 Onsite Warranty for Regions I through V (Item 3
~
and may purchase up to a maximum of:
400 System Configuration Microcomputers (Item 1 above);
400 System Monitors (Item 2 above);
150 Onsite Warranty for Regions I through V (Item 3 Should the Government exercise the option (see Subsection I.6),
the Government will purchase, for the option year, a minimum of:
150 System Configuration Microcomputers (Item 4 above);
150 System Monitors (Item 5 above);
75 Onsite Warranty for Regions I through V (Item 6 and may purchase up to a maximum of:
326' System Configuration Microcomputers (Item 4 above);
320 System Monitors (Item 5 above);
150'Onsite Warranty for Regions I through V (Item 6 (End of Clause)
Page 6 of 42
1 NRC-33-93-227 Section C
]
SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.1 STATEMENT OF WORK MANDATORY REQU'IREMENTS C.1.1 MICROCOMPUTER SYSTEM The components and features that shall be incorporated into the microcomputer workstation are identified in this section.
The contractor shall provide and support all of the required hardware identified in this section.
The contractor also shall provide and support manufacturer-specific MS-DOS as an operating system'on the systems purchased.
The contractor shall accept full responsibility for ensuring that the entire system works correctly.
~
The system unit shall be completely assembled (RAM, disk drives and adapters installed) upon arrival at the NRC.
The NRC installers should only have to remove it from the box and connect the keyboard, monitor cable and power cord, and system unit power cord.
Every system provided shall h' ave MS DOS 5.0 or latest version and Windows 3.1 or latest version installed and operational on the hard drive.
Every system provided shall function correctly and meet the mandatory requirements stated in this section.
The mandatory requirements do not exclude any components or features as prov4ded by the original equipment manufacturer as a standard feature of a system.
Any system not operational upon arrival shall be replaced with an -
operational system by the contractor within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of notification.
The requirements of this procurement includes a special~ delivery.
order (200 microcomputer systems with monitors) placed on.the date.
the contract is signed.
The delivery of the systems-can be spread over a two (2) month period with delivery of 50 systems every two--
weeks.
A.
SYSTEM UNIT t
The system unit shall have FCC Class B certification and shall be Page 7 of 42
l Section C NRC-33-93-227 C.1 (Continued)
UL-listed.
The system unit shall have a detachable power cord.
The power cord should have a grounding plug, which complies with NEMA 5-15P.
The minimum length of the power cord shall be six (6) feet. The system unit power supply shall be sufficient to supply power for all system components together, including an adapter in each slot.
The system should have an automatic power-on self test to detect.
errors.
If the power-on test gives an error number, a guide must be provided to explain the number (s).
C.1.1.A.1 SYSTEM CONFIGURATION SPECIFICATIONS Intel (or 100% compatible) 486DX/33-Mhz microprocessor (operating at 33 Mhz) with internal RAM cache.
Super VGA with 1MB video memory integrated on the motherboard or provided as an adapter supporting 1,024x768 noninterlaced resolution.
Minimum of eight (8) megabytes (70ns or faster) installed random access memory (RAM) with RAM expansion capability to thirty-two (32) megabytes; using 70ns or faster SIMM sticks.
RAM can be installed either on the mother board in combination with or on an-add-in memory board that can support the maximum installed RAM.
If an add-in memory board is used, the system board must have a proprietary memory slot.
Built-in real-time clock / calendar with battery back-up.
The battery shall be a single, independent, replaceable unit.
n Two (2) RS-232C compatible serial ports with 9-pin or 25-pin D-shell rale connector.
(Cables are NOT a requirement for this contract.)
One centronics parallel port.
Keyboard port.
U.S. English keyboard in QWERTY layout with 101 keys including 12 function keys; indicator light for CAPS LOCK, NUM LOCK, AND SCROLL LOCK keys; and a detachable coiled cable.
PS/2 style mouse port.
C.1.1.A.2 INSTALLED FEATURES One (1) hard disk drive with an average access time of less than 18 milliseconds.
The hard disk drive shall have formatted ~ capacity of at least 200 megabytes.
The hard disk drive shall have an
'Page 8 of 42
1 WRC-33-93-227 Section C C.1 (Continued) activity light.
The hard disk drive shall have park-and-lock feature for the drive heads.
Two(2) high density floppy disk drives with drive activity light on each drive; one 5.25-inch 1.2MB disk drive and one 3.5-inch 1.44MB disk drive.
The 3.5-inch drive shall be installed as Drive A.
C.1.1.A.3 AVAILABLE EXPANSION SLOTS The system shall have at least three available full-sized 16-bit expansion slots after the installation of required adapters and features.
The following adapters shall work properly in the system when installed individually or together:
Madge (or equal) token Ring 16/4 Network Adapter IBM 3278/79 Emulation Adapter C.1.1.B.
MONITOR The monitor shall have FCC Class B certification and shall be UL-listed.
A 14-inch SVGA color display with.28 millimeter or finer dot pitch resolution shall be provided with each system.
The display shall have a maximum noninterlaced 1,024 x 768 resolution with vertical refresh rate at 72 Hz. The monitor shall have the following user controls:
power on/off switch, brightness, contrast, vertical and horizontal size and position.
The cable connector shall be compatible with the SVGA port on the motherboard or adapter provided with the system.
The monitor shall have a detachable power cord.
The power cord should have a grounding plug that complies with NEMA 5-15P.
The minimum length for the power cord shall be seventy-two (72) inches.. The monitor shall have a base with tilt and swivel capabilities, provided as a separate monitor stand if necessary.
C.1.1.C.
MOUSE One (1) PS/2 style mouse shall be provide with each system delivered.
C.1.1.D.
SOFTWARE Manufacturer specific MS-DOS 5.0 or latest version (diskettes and manuals)
Microsoft Windows 3.1 or latest version (diskettes and manuals)
Page 9 of 42
ERC-33-93-227
- Section C C.1 (Continued)
All mouse software and drivers required to effectively use the mouse.
C.1.2 WARRANTY All equipment and components shall be covered by a minimum one-year on-site parts and labor warranty, from the date of Government acceptance, at no additional cost to the Government.
Onsite warranty for equipment and components delivered to NRC's Regions shall be ordered, if required, at the price specified in Subsection B.3.
Malfunctioning parts shall be repaired or replaced within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the time reported for service.
After the warranty period, repair parts shall be readily available to the NRC for maintenance of the equipment for a period of 5 years.
C.1.3 TECHNICAL SUPPORT The Contractor shall provide technical support for the purchased systems.
The technical support shall consist of telephone call-in assistance for NRC employees (to be identified by NRC). Technical support shall be'provided from 8:00a.m. to 5:00p.m.,.EST, Monday through Friday, excluding Government holidays, for.the 5-year system life.
Support shall be provided by qualified individuals who are knowledgeable about the system being purchased and are able to assist NRC via telephone.
If call-back support is required, the response after the initial request for assistance shall be within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
It is not required that the problem be resolved within that time, only that the Contractor respond to get details of the problem and, when possible, provide a solution.'
C.1.4 SOFTWARE COMPATIBILITY i
The commercial available software listed below shall correctly execute under control of PC or MS DOS version 5.0 or latest version on the system.
Borland DBASE III Plus Borland Dbase IV Borland Paradox Borland Quattro Pro Command Center by Pilot Executive Software, Inc.
Databridge by Pilot DCA Crosstalk XVI Enterview by Pilot IBM 3270 Entry Level Emulation i
Lotus 1-2-3 Persoft SmarTerm 400 Pilot Advantage Page 10 of 42
-i
.5
_m 4
i Section C
.NRC-33-93-227 C.1 (Continued)
Pilot Dimension Pilot BIS Software Publishing Harvard Graphics Wordperfect C.1.5 DOCUMENTATION Three (3) copies of the technical reference manual for the microcomputer shall be provided to the NRC by the Contractor.
A system's setup guide and operations manual shall be provided with each system fully describing setup, and system operations.
[End of Clause]
1 I
Page 11 of 42 l
1 a
NRC-33-93-227 Section D S!!:CTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which the product.is being provided.
[End of Clauce]
I e
Page 12 of 42 i
Section E NRC-33-93-227 b
SECT;[ON E - INSPECTION AND ACCEPTANCE I
E.1 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination, within 30 days after receipt of such items.
[End of Clause]
a n
i i
Page 13 of 42
Section F NRC-33-93-227 SECTIQN F - DELIVERIES OR PERFORMANCE F.1 PLACE OF DELIVERY--EQUIPMENT (MAR 1987)
(a)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor,.to the NRC address specified in the Delivery Order. The address for the NRC Headquarters and Regions are as follows:
U.S. Nuclear Regulatory Commission Warehouse Contract Number:
NRC-33-93-227 5000 Boiling Brook Pkwy.
Rockville, MD 20852 U.S. Nuclear Regulatory Commission - Region I Contract Number:
NRC-33-93-227 475 Allendale Road King of Prussia, PA 19406-1415 U.S. Nuclear Regulatory Commission - Region II Contract Number:
NRC-33-93-227 101 Marietta St.,
N.W.,
Suite 2900 Atlanta, GA 30323.
U.S. Nuclear Regulatory Commission - Region III Contract Number:
NRC-33-93-227 799 Roosevelt Road Glen Ellyn, IL 60137 U.S. Nuclear Regulatory Commission - Region IV Contract Number:
NRC-33-93-227 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 U.S. Nuclear Regulatory Commission - Region V Contract Number:
NRC-33-93-227 1450 Maria Lane.
Walnut Creek, CA 94596-5368 (b)
Deliveries will be received 7:15 a.m.
- 3:45 p.m.,
Monday thru Friday.
F.2 DURATION OF CONTRACT PERIOD Although the Government contemplates use of the system (s)
(hardware and software) for the system's life of five years fram date of installation, the ordering period for this contract shall commence on the effective date of the contract and will expire one Page 14 of 42
.NRC-33-93-227
- Section F F.2 (Continued) year thereafter.. Any' orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein ("see 52.216-18, Ordering, Subsection I.3).
The expiration date of this contract is one year after acceptance of the last item ordered (see Warranty, Subsection H.8).
The term of this contract may be extended, at the option of the Government, for an additional 12-month period.
F.3 DELIVERY SCHEDULE The NRC may order up to 40 microcomputer systems on each delivery order.
The Contractor shall make delivery on delivery orders for 11 to 40 microcomputer systems within 30 calendar days from the date of issuance of the delivery order unless.a change in the delivery time is mutually agreed upon by the Government and the Contractor.
On delivery orders for 1 to 10 microcomputer systems, the Contractor shall make delivery within 14 calendar days from j
the date of issuance of the delivery order (see Subsections-I.3 and I.4).
-1 Page 15 of 42 I
NRC-33-93-227 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 NRCAR 2052.215-72 PROJECT OFFICER AUTHORITY ALTERNATE 1 (JAN 1993)
(a) The contracting officer's authorized representative, hereinafter referred to as the project officer for this contract is:
Name:
Clarice Nizer Address: US Nuclear Regulatory Commission Division of Computers & Telecomm. Services Mail Stop P-530 Washington, DC 20555 Telephone Number: (301) 492-8314 (b) The project officer shall:
j (1) Place delivery orders for items required under this contract.
(2) Monitor contractor performance and recommend to the contracting officer changes in requirements.
(3) Inspect and accept products / services provided under the contract.
t (4) Review all contractor invoices / vouchers requesting payment for products / services provided under the contract-and make recommendations for approval, disapproval, or suspension.
(c) The project officer may not make changes to the express terms and conditions of this contract.
[End of Clause]
G.2 ORDERING PROCEDURES (MAY 1991) 1 (a) In addition to the contracting officer, contract
-j administrator, and project officer, the following individuals 1 are authorized to issue delivery orders under this contract:
Dawn Oliver j
q Li Page 16 of 42
)
Section G NRC-33-93-227
?
G.2 (Continued)
(b) All' delivery' orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by' written telecommunications.
[End of. Clause]
"[
5 1
l h i
1 1
5 i
..g.
e i
i 1
4 Page 17 of 42
. 1
, )
ENRC-33-93-227 Section H SECTIO,N H - SPECIAL CONTRACT REQUIREMENTS H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)
(a) Purnose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) 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 or 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 before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar_to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
Page 18 of 42
Section H NRC-33-93-227 H.1 (Continued)
(3) When the contractor performs. work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that. site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during.the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
I (1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best interest of the government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad Page 19 of 42
NRC-33-93-227 Section H H.1' (Continued) spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this e
contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site.
This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.
The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity.
NRC may deny approval of the disclosed work only when the NRC has.
issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2), (c) (3) or (c) (4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months'after'either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the i
information has previously been released to the Page 20 of 42 m
s NRC-33-93-227 Section H H.1 (Continued) 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. (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), 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) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(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, e
(h) Waiver.
A request for waiver under this clause must be i
directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort.
The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform _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 services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or Page 21 of 42
NRC-33-93-227 Section H H.1 (Continued) specifications, the contractor is not eligible to perform j
or participate in the initial contractual effort which is J
based on the statement of work or specifications.
The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
[End of Clause]
E.2 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED i
(JUN 1988)
The Government will not provide any equipment / property under this contract.
[End of Clause]
H.3 ENGINEERING CHANGES (ADP REQUIREMENTS) (JUN 1988)
(a) After contract award, the< Government may solicit, and the Contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract.
These changes may be proposed to save money, to improve performance, to save energy, or to satisfy increased data processing requirements.
However, if proposed changes relating to improved performance are necessary to meet increased data processing requirements of the user, those requirements shall not exceed the contract requirements by more than 25 percent.
If the proposed changes are acceptable to both parties, the Contractor shall submit a price change proposal to the Government for evaluation within 30 days of such acceptance. Those proposed engineering changes
/
that are acceptable to the Government will be processed as modifications to the contract.
(b) As a minimum, the following information shall be submitted by the Contractor with each proposal:
(1) A description of the difference between the existing contract requirement and=the proposed change, and the comparative advantages and disadvantages of each; (2) Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change; Page 22 of 42
NRC-33-93-227 Section H H.3 (Continued)
(3) An estimate of the changes in performance and cost, if any, that"will result from adoption of the proposal; (4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation; and (5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of f.he cbanges during the remainder of this contract, also, any effect on the contract completion time or delivery schedule shall be identified.
(c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously.
The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause.
The Contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal.
The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the " Disputes" clause of this contract.
(d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the Contractor written notice thereof.
This written notice may be given by issuance of a modification to this contract.
The Contractor shall remain obligated to perform in accordance_'
with the terms of the existing contract.
(e) If an engineering change proposal submitted pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with this clause and other applicable clauses of this contract.
When the cost of performance of this contract is increased or decreased as a result of the change, the equitable adjustment increasing or decreasing the contract price shall be in accordance with the " Changes" clause rather than underlthis clause, but the resulting contract modification shall state that it is made pursuant to this clause.
(f) The Contractor is requested to identify specifically any information contained in the engineering change proposal which it prefers not be disclosed to the public.
The identification of information as confidential and/or proprietary'is for information purposes only and shall not be binding on the Page 23 of 42 i
Section H
-NRC-33-93-227 H.3 (Continued)
Government to prevent disclosure of such information.
The Contractor is advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).
[End of Clause]
H.4 GLOSSARY OF ADP TERMS (JUN 1988)
The definitions and explanations set forth in this glossary are an integral part of the terms and conditions of this contract.
(a) Data Processing Equipment System and/or Subsystem.
The complement of individual machines and operating software furnished by the Contractor and acquired to operate as an integrated group.
(b) Equipment.
An all inclusive term which refers either to an individual machine or to the total complement of machines required to operate as an integrated group.
(c) Equipment and/or Operating Software Failure.
A malfunction in the contractor-supplied equipment and/or operating software, excluding all external factors, which prevents the
)
accomplishment of the job.
J (d) Installation Date.
The date by which the Contractor must have the ordered equipment ready for use by the Government.
(e) Machine.
An individual unit, including features installed thereon, of a data processing system, or subsystem, identified by a type and/or model number, such as a central processing-4 unit, additional memory module, a tape unit, a card reader, etc.
(f) Mechanical Replacement.
The replacement of one machine for another occasioned by the mechanical condition of the equipment being replaced.
(g) Operating Software.
Those routines that interface directly with hardware (including peripheral devices), the computer operations, applications and utility _ programs.
(h) Operational Use Time.
The time during which equipment is in actual operation, exclusive of idle time, standby time, or maintenance time due to machine failure; not synonymous with
- power-off" time.
(i) Preventive Maintenance.
That maintenance performed by the.
Contractor which is designed to keep the equipment in proper operating condition.
It is performed on a scheduled basis.
Page 24 of 42
NRC-33-93-227 Section H H.4 (Continued)
(j) Principal Period of Maintenance.,Any 9 consecutive hours per day, including *an official meal period not to exceed 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />
, Monday and per day, between the hours of through Friday, excluding holidays observed at the NRC installation.
(k) Extended Maintenance Period Option.
Option to require maintenance service during any extension of the Principal Period of Maintenance at a fixed price for such period, regardless of the number of calls requested during such period.
(1) Remedial Maintenance.
That maintenance performed by the Contractor which results from Contractor supplied equipment or operating software failure.
It is performed as required and is therefore on an unscheduled basis.
(m) Total Monthly Charges.
(1) Rental.
All monthly charges for the use (rental) of equipment and software and for maintenance thereof.
(2) Maintenance of Governme,nt-owned.
All monthly charges for the maintenance of equipment and software supplied under this contract.
(n) Alteration.
An alteration is defined as any change to a machine which deviates from the physical, mechanical, or electrical machine design (including microcode), whether or not additional devices or parts are required.
(o) Attachment.
An attachment is defined as the mechanical, electrical, or electronic interconnection of equipment manufactured by other than the original equipment manufacturer and connected to the machine or system.
[End of Clause]
l H.S FIPS PUBS AND STANDARDS COMPLIANCE (MAR 1987)
In no case shall the Contractor or any subcontractor take any action or use.any replacement parts that would result in equipment that is not in compliance with applicable-FIPS PUBS and Standards-(See Section J for List of Attachments) without written approval of the Contracting Officer.
[End of Clausel H.6 WARRANTY PROVISION Page 25 of 42
'I
NRC-33-93-227 Section H H.6 (Continued)
)
All equipment and components shall be fully warranted for a period of one year from the date of acceptance as established under Section E herein.
Under the warranty, the Contractor shall provide parts and labor onsite.
Malfunctioning parts shall be replaced or repaired within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of notification.
The Contractor may provide awap-out equipment or components for a period not to exceed ten calendar days.
H.7 PRICE REDUCTION This Price Reduction Clause is intended to ensure that throughout the term of the contract the Government shall maintain itc relative price / discount and/or term / condition advantage in relation to the Contractor's most favored customer (s).
If, during the course of the contract, the price for the basic equipment, as relfected under Subsection B.3 - SCHEDULE OF ITEMS AND PRICES, of the subject contract, is reduced, in the aggregate, by 10% or more by the manufacturer, the Contractor shall notify the Government, in writing, of the new price.
At the discretion of the Government, the price schedule in the contract will be modified.
Such notification shall be given to the Government not later than 10 calendar days after the effective date of the aggregate 10% reduction (s).
H.8 TECHNOLOGY REFRESHMENT After contract award, the Contractor, upon commercial announcement.
of new components that can be technically and economically substituted for items listed.in Subsection B.3, shall offer said items for substitution.
These item (s) may be accepted at the option of the Government, provided at least equivalent performance with economic benefits or significantly enhanced performance at no I
additional cost per unit of capability accrues to the Government.
If accepted by the Government, the item (s) shall be incorporated by modification into Subsection B.3 of the contract.
l
-l 1
i Page 26 of 42
.)
i
'I NRC-33-93-227 Section I I
PART II - CONTRACT CLAUSES CONTRACT CLAUSES
~
SECTION I I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE i
52.202-1 DEFINITIONS SEP 1991 52.203-1 OFFICIALS NOT TO BENEFIT APR 1984 i
52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988 52.203-10 PRICE OR FEE ADJUSTMENT FOR SEP 1990 ILLEGAL OR IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.209-6 PROTECTING THE GOVERNMENT'S NOV 1992 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 EXAMINATION OF RECORDS BY FEB 1993 COMPTROLLER GENERAL 52.215-2 AUDIT - NEGOTIATION FEB 1993 52.215-22 PRICE REDUCTION FOR DEFECTIVE JAN 1991 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR DEC 1991 PRICING DATA
(
52.215-26 INTEGRITY OF UNIT PRICES APR 1991 Alternate I (APR 1991) 52.215-27 TERMINATION OF DEFINED BENEFIT SEP 1989 PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.215-39 REVERSION OR ADJUSTMENT OF PLANS JUL 1991 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.219-8 UTILIZATION OF SMALL BUSINESS FEB 1990 CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13
-UTILIZATION OF WOMEN-OWNED AUG 1986 SMALL BUSINESSES 52.219-14 LIMITATIONS ON SUBCONTRACTING JAN 1991 1
Page-27 of 42 l
t
NRC-33-93-227 Section I I.1' (Continued)
NUMBER TITLE DATE 52.220-3 UTIL'IZATION OF LABOR SURPLUS APR 1984 l
AREA CONCERNS 52.222-1 NOTICE TO THE GOVERNMENT APR 1984 OF LABOR DISPUTES 52.222-3 CONVICT LABOR APR 1984 52.223 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT APR 1984 52.229-4 FEDERAL, STATE, AND LOCAL JAN 1991 TAXES (NONCOMPETITIVE CONTRACT) 52.232-1 PAYMENTS APR 1984 52.232-8 DISCOUNTS FOR PROMPT PAYMENT APR 1989 52.232-17 INTEREST JAN 1991 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT SEP 1992 52.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES Alternate I (DEC 1991)
DEC 1991 52.233-3 PROTEST AFTER AWARD AUG 1989 52.242-13 BANKRUPTCY-APR 1991 52.243-1 CHANGES - FIXED-PRICE AUG 1987 52.244-1 SUBCONTRACTS-(FIXED-PRICE APR 1991 CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984 52.249-2 TERMINATION FOR CONVENIENCE APR 1984 OF THE GOVERNMENT (FIXED-PRICE) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY APR 1984 AND SERVICE) e 52.253-1 COMPUTER GENERATED FORMS JAN 1991
[End of Clause].
I.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990) 4 (a) Definitions. The definitions set _forth in FAR 3.104-4 are hereby incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of' any modification of this contract.
(c) Certification.
As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification:
Page.28 of 42
Section I NRC-33-93-227 I.2 (Continued)
CERTI5'ICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (NOV 1990)
[. ame of certifier]
(1)
I, N
am the officer or employee responsible for the preparation of.
2 this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal' Procurement Policy Act, as amended * (41 U.S.C. 423),
(hereinafter r9ferred to as "the Act"), as implemented ~in the FAR, occurring during the conduct of this procurement (contract and modification number).
(2)
As required by subsection 27 (e) (1) (B) of the Act, I further certify that to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [:Name of Offeror]
who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b),
(d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3)
Violations or poesible violations:
(Continue on plain bond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation - Sheet), ENTER NONE IF-NONE EXISTS)
(Signature of the officer or employee responsible for the modification proposal and date]
[Trped name of the officer or employee responsible for the modification proposal]
- Subsections 27 (a), (b), and (d) are effective on December-l Page 29 of 42 r
t NRC-33-93-227 Section I I.2 (Continued) 1, 1990. Subsection 27(f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION i
OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic training.
These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the contractor.
If a contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1,
1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated.
These certifications shall.be maintained by the Contractor for a period of 6 years from the date a-certifying employee's employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such J
individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification.
[End of Clause]
')
I.3 52.237-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided, that the Governm'ent 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.
(c) The total duration of this contract, including the exercise of j
any options under this clause, shall not exceed 2 years.
i (End of Clause]
Page 30 of 42 i
Section I NRC-33-93-227 I.4 52.219-11. SPECIAL 8(A) CONTRACT CONDITIONS (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 eligible concern pursuant to the provisions of section 8(a) of the Small Business 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 either in whole or in part without cost to either party.
l (c) Except for novation agreements and advance payments, delegates to the US 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; provided, however, that the US Nuclear Regulatory Commission shall give advance notice to the SBA before it issues.a final notice terminating the right of a subcontractor to' proceed with further 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 US Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the " Disputes" clause of said subcontract.
- f) To notify the US Nuclear Regulatory Commission Contracting
)
Officer immediately upon notification by the subcontractor
.j that the owner or owners upon whom 8(a) eligibility was based j
plan to relinquish ownership or control of the concern.
1
[End of Clause]
I.5 52.219-12 SPECIAL 8 (A) - SUBCONTRACT CONDITIONS (FEB 1990)
(a) The Small Business Administration (SBA) has entered into Contract No. NRC-33-93-227 with the US 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) The Pulsar Data Systems, Inc., hereafter referred to as the Page 31 of 42
-i i
l
NRC-33-93-227-Section I 1
~ I.S.
'(Continued) 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-33-93-227 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility, except' for novation agreements and advance payments, for the administration of this subcontract to the US Nuclear Regulatory Commission with complete authority to take any.
action on behalf of the Government under the terms and
-j conditions of this contract.
1 (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 l
SBA and the designated Contracting Officer of the US.
Nuclear Regulatory Commission.
j (4) That it will notify the US Nuclear Regulatory' Commission-Contracting Officer in writing immediately upon entering
- l an agreement (either oral or written) to transfer all or
]
part of its stock or other ownership interest to any other party.
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the US Nuclear Regulatory Commission.
~
[End of Clause]
I.6 52.219-17 SECTION 8(A) AWARD (FEB 1990)
(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:
l (1) To. furnish the supplies or services set forth in the contract according to the specifications and the terns j
and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8 (a)' of the Small Business Act, as' amended (15 U.S.C. 637 (a) ).
.j (2) Except for novation agreements and advance payments, delegates to the US Nuclear Regulatory Commission the responsibility for administering the contract with-complete authority to take any action on behalf of the Government under the terms and conditions of the i
contract; provided, however that the contracting agency Page 32 of 42
)
a
s NRC-33-93-227 Section'I I.6 (Continued) shall give advance notice to the SBA before it issues a j
final notice terminating the right of the subcontractor
.i to proceed with further performance, either in whole or i
in part, under the contract.
(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.
(4) To notify the US 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 relinquish ownership or control of the concern.
(b) The offeror / subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.
[End of Clause]
I.7 201-39.5202-3 PROCUREMENT AUTHORITY (OCT 1990 FIRMR)
This acquisition is being conducted under the regulatory blanket delegation of GSA's exclusive procurement authority for FIP resources.
I.8 201-39.5202-5 PRIVACY OR SECURITY SAFEGUARDS (OCT 1990 FIRMR)
(a)
The details of any safeguards the contractor may design or develop under this contract are the property of the Government,and shall not be published or disclosed in any manner without the contracting officer's express written' consent.
(b)
The details of any safeguards that may be revealed to the contractor by the Government in the course of performance under this contract shall not be published or disclosed in any manner without the contracting officer's express written consent.
(c)
The Government shall be afforded full, free, and uninhibited access to all facilities, installations,. technical capabilities,. operations, documentation, records, and data bases i
for the purpose of carrying out a program of inspection to ensure continued efficacy and efficiency of safeguards against threats and hazards to data security, integrity, and confidentiality.
j (d)
If new or unanticipated threats or hazards are discovered U
by either the Government or the contractor, or if existing safeguards have ceased to function, the discoverer shall i
immediately bring the situation to the attention of the other Page 33 of 42 J
NRC-33-93-227 Section I I.8-(Continued) party.
Mutual agreement shall then be reached on changes or-corrections to existing safeguards or institution of new-safeguards, with final determination of appropriateness being made by the Government.
The Government's liability is limited to an equitable adjustment of cost for such changes or corrections, and the Government shall not be liable for claims of loss of business, damage to reputation, or damages of any other kind arising from discovery of new or unanticipated threats or hazards, or any public or private disclosure thereof.
I.9 201-39.5202-6 WARRANTY EXCLUSION AND LIMITATION OF DAMAGES (OCT 1990 FIRMR)
Except as expressly set forth in writing in this agreement and' except for the implied warranty of merchantability, there are no warranties expressed or implied.
In no event will the Contractor be liable to the Government for consequential damages as defined in the Uniform Commercial Code, section 2-715, in effect in the District of Columbia as of January 1,
- 1973, i.e.--
Consequential damages resulting from the seller's breach include--
(a)
Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b)
Injury to person or property proximately resulting from any breach of warranty.
)
Page 34 of 42
rv
- ]
NRC-33-93-227 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J.- LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
. Attachment Number Title 1
Billing Instructions 2
NRC Contractor Organizational Conflicts of Interest J.2 FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS CHECKLIST t
(APR 1993)
Standard Standard Standard Applies Does Not
- Applies, Apply But Waived Standards Titles
.. [\\.
FIPS 1-2, Code for Information Interchange, Its Representations, y
Subsets, and Extensions
^
'FIPS 2-1, Perforated Tape Code-for Information Interchange
..X...
FIPS 4-1, Calendar Date.
.)$..
FIPS 5-2, Codes for the
. Identification of the States, District of Columbia, and the Outlying Areas'of the United '
States, and Associated Areas FIPS 6-4, Counties and County Equivalents of the States of the United States and District of Columbia FIPS 8-5, Standard Metropolitan Statistical Areas
..)k..
FIPS 9-1, Congressional Districts of the United States FIPS 10-3, Countries, Dependencies and areas of Special' q
Sovereignty
..A.
FIPS 13, Rectangular Holes in y
Twelve-row Punched Cards
..A...
FIPS 14-1, Hollerith' Punched Card Code i
Page 35 of 42 1
b
.NRC-33-93-227 Section J J.2 (Continued)
Standard Standard Standard Applies Does Not, Applies, Apply But Waived Standards Titles
..)k.
FIPS 16-1, Bit Sequencing of the Code for Information Interchange in Serial-by-Bit Data Transmission
..X...
FIPS 17-1, Character Structure and Character Parity Sense for Serial-by-Bit Data Communication in the Code for Information
./
Interchange
..A...
FIPS 21-3, COBOL
.. )(.
FIPS 22-1, Synchronous Signaling Rates Between Data Terminal and Data Communication Equipment y
..A.
FIPS 26, One-Inch Wide Perforated Paper Tape for Information' Interchange FIPS 27, Take-up Reels for One-Inch Perforated Tape for Information Interchange
.. [s.
FIPS 30, Software Summary for Describing Computer Programs sf and Automated' Data' Systems
./K..
FIPS 32-1, Optical Character Recognition Character Sets
..bs.
FIPS 33-1, Character Set for Handprinting q
. A.
FIPS 46-1, Data Encryption.
Standard (DES)
+
y
. A...
FIPS 53, Transmittal Form for Describing _ Computer Magnetic Tape File Properties FIPS 54-1, Computer Output Microform (COM) Formats and Reduction Ratios, 16 mm and '
105 mm
..)k.
FIPS 58-1, Representations of Local Time of.the Day for Information Interchange v
.. ^...
FIPS 59, Representations of Universal Timei Local Time Differentials and United States Time Zone References for Information Interchange sj
.. A..
FIPS 66, Standard Industrial Classification (SIC) Codes' FIPS 68-2, BASIC 1
FIPS 69-1, FORTRAN Page 36 of 42 i
(
t Section J
'NRC-33-93-227 LJ.2
' (Continued)'
Standard Standard Standard 5
- Applies Does Not, Applies, Apply' But Waived:
~ Standards Titles:
l
.)..
FIPS 70-1, Representation of Geographic-Point Locations for' Information' Interchange FIPS 71, Advanced Data Communications Control 1
Procedures (ADCCP) j y
..A.
7IPS 81, Data Encryption.
4 Standard :(DES)) Modes ofL Operation'
..h...
FIPS~84, Microfilm Readers-4
.A..
FIPS 85, Optical. Character Recognition (OCR) Inks.
l q
..A.
FIPS 86, Additional Controls For Use With American National i
Standard Code for Information y
Interchange...
. 4%.
FIPS 89, Fedral Standard for Optical Character. Recognition]
(OCR) Character Positioning; u
..A...
FIPS.95, CodeLfor_the:
Identification of FederalLand Federally-Assisted' Organizations'
/
FIPS 100-1,-Interface between.
Data' Terminal Equipment (DTE)land-Data Circuit-Terminating:
J' Equipment 4(DCE).for Operation with Packet-Switched Data
'l Communication Networks : (PSDN) s or.
Between Two DTEs by-Dedicated-y Circuits;
.. D..
FIPS 103,. Codes'for thei Identification of. Hydrologic j
~ Units in the-United States Y
and the Caribbean Outlying Areas 4
.. l '..
FIPS 104-1, ANS Codes for the Representation of Names of-Countries, Dependencies,Jand Areas of Special Sovereignty _for V
Information Interchange-
..n.
FIPS 107, Local Area' Networks:-
Baseband Carrier Sense Multiple Access with' Collision Detection
. Access Method:and Physical Layer-Specifications and: Link 1
.]
Layer. Protocol-i 1
1 Page 37 of 42-j j
"j
- j
NRC-33-93-227 Section J J. :2 '
(Continued)
Standard Standard Standard Applies
-Does Not
- Applies, Apply
- But Waived Standards Titles
..)..
FIPS 108, Alphanumeric Computer Output Microform Quality Test Slide FIPS 109, PASCAL FIPS 112, Password Usage FIPS 113, Computer Data Authentication FIPS 119, Ada FIPS 120-1, Graphical Kernel y
System (GKS)
. A...
FIPS 121, Videotex/Teletext Presentation' Level Protocol y
Syntax (North America PLPS)
. A...
FIPS 123, Specification for a Data Descriptive File for Information' Interchange (DDF)
. )f..
FIPS 125, NUMPS Programming Language FIPS 126, Database Language NDL FIPS 127-1, Database Language SQL
,FIPS 128-1, Computer Graphics Metafile (CGM) 2(..
FIPS 129, Optical Character.
Recognition (OCR) Dot Matrix character sets for OCR-MA
..)k.
FIPS 137, Analog to Digital Conversion of voice by i
i 2400 Bits /Second Linear y
Predictive. Coding ~
~I
../.\\..
FIPS 138, Electrical 1
Characteristics of Balanced Voltage Digital Interface Circuits FIPS 139,.Interoperability and Security Requirements for Use of the Data Encryption Standard in the Physical Layer of Data Communications X...
FIPS 140, General Security Requirements for Equipment Using the Data Encryption Standard i
Page 38 of 42 w
I NRC-33-93-227 Section J J.2 (Continued)
Standard Standard Standard Applies Does Not
- Applies, l
Apply
" But Waived Standards Titles
..\\.
FIPS 141, Interoperability and Security-Requirements a
for.Use of the Data-Encryption-Standard with CCITT Group 3 y
Facsimile Equipment
. A...
FIPS 142, Electrical
+
Characteristics of-Unbalanced Voltage Digital. Interface Circuits FIPS 143, General Purpose 37-Position and 9-Position Interface Between Data Terminal Equipment and Data Circuit-Terminating Equipment FIPS 144, Data Communications Systems and Service-user Oriented Performance Parameters y
..A..
FIPS 146-1,'GOSIP: Government Open System Interconnection Profile g
../.T..
FIPS 147, Group 3 Facsimile Apparatus of Document Transmission y
..A...
FIPS 148, Procedures-for Document Facsimile Transmission
.)..
FIPS 149, General Aspects of Group 4 Facsimile-Apparatus v
. A...
FIPS 150, Facsimile Coding Schemes and Coding Control Functions for' Group _4 Facsimile Apparatus
. X...
FIPS 151-1, Portable Operating-Systems Interface for Computer y
Environments (POSIX)
..D...
FIPS 152, Standard Generalized Markup Language (SGML) y
.. A..
FIPS 153,. Programmer's Hierarchial Interactive y
Graphics System (PHIGS)
..A.
FIPS'154, High' Speed 25-position for Data Terminal Equipment and:
Data Circuit-terminating Equipment'
)
Page 39 of 42
NRC - 3 3 - 9 3 - 2 2 ",'
Section J J.2 (Continue <9 Standard Sn-Ntard Standard Applies D;.s Not
- Applies, Apply But Waived Standards Titles
~
./
FIPS 155, Data Communication Systems and Services User-oriented Performance Measurement Methods FIPS 156, Information Resource
. h..
Dictionary System (IRDS)
. A.
FIPS 159, Detail Specifications for 62.5 uM Core Diameter /125 uM Cladding Diameter Class.Ia
.l Multimode, Graded-Index Optical i
Waveguide Fibers 1
FIPS 160, C FIPS 161, Electronic Data Interchange (EDI)
. fk..
FIPS 162,.1,200 bits per Second Two-Wire Duplex Modems for Data-Communications.use on Telephone-q Type Circuits
..A.
FIPS 163, 2,400 Bits per Second Two-Wire Duplex Modems for Data.
Communications use onLTelephone-y Type Circuits
. /.T..
FIPS 164, 2,400 Bits per Second Four-Wire Duplex and Two-Wire Half-Duplex Modems for Data Communications use on Telephone-Type Circuits FIPS 165, 4,800 and 9,600 Bits ppr Second Four-Wire Duplex and Two-Wire Half-Duplex Modems.for Data Communications use~on Telephone-Type Circuits FIPS 166, 4,800 Bits per Second Two-Wire Duplex Modems.for Data Communications use on Telephone-p(
Type Circuits FIPS 167, 9,6000 Bits per Second Two-Wire Duplex Modems for Data Communications use on y
Telephone-Type Circuits
..A...
FIPS 168, 12,000 and'14,400 Bits-per Second Four-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits
..X.
FIPS 169, Error Correction in Modems Employing Asynchronous-To-Synchronous Coversion Page 40 of 42 s
~
l NRC-33-93-227 Section J lJ.2' (Continued)
Standard Standard. Standard Applies Does Not
- Applies, Apply
- But Waived Standards Titles
..\\.
FIPS 170, Data Compression in Modems Employing CCITT Recommendation V.42 Error Correction FIPS 171, Key. Management Using y
.. D...
-FIPS 172, VHSIC Hardware Description Language (VHDL)
FIPS 174, Federal Building Telecommunications Wiring Standard FIPS 175, Federal Building Standard for Telecommunications y
Pathways and Spaces
.. n...
FIPS 176, Residential and Light Commercial Telecommunications Wiring Standard FIPS 177, Initial Graphical Exchange y
Standard (IGES)
. /.\\..
FIPS 178,. Video _Teleconferencing y
Services'at 56.to 1,920 KBPS
.. D...
FIPS 179, Government Network Management Profile (GNMP)
FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STD)
.)k..
FED-STD 1002A, Telecommunications:
Time and Frequency Reference Information in Telecommunication y
Systems
.. D...
FED-STD 1016, Telecommunications:
Analog to Digital Conversion of Radio Voice by 4,800 Bit /Second Code Excited Linear Prediction (CELP)
FED-STD 1023, Telecommunications:
Interoperability Requirements for Encrypted Digitized Voice Utilized with 25 KHz Channel EM Radios Operating Above 30 MHZ i
Page 41 of 42
s NRC-33-93-227 Section J 4
J.2
'(Continued)
Standard Standard Standard-Applies Does Not
- Applies, Apply But Waived Standards Titles
..\\.
FED-STD 1035A, Telecommunications:
Coding Modulations and Transmission Requirements for Single Channel Medium and High Frequency' Radio Telegraph Systems Used In Government Maritime Mobile y
Telecommunications
.. I. '..
FED-STD 1037B, Telecommunications:
Glossary of Telecommunications Terms f
r l
Page 42 of 42
.