ML20059M903

Contract: Long-Range Radioactive Plume Transport Simulation Model/Code, Awarded to Sigma Research Corp

ML20059M903
Person / Time
Issue date:	09/25/1990
From:	Mace M, Scire J NRC OFFICE OF ADMINISTRATION (ADM), SIGMA RESEARCH, INC.
To:
Shared Package
ML20059M897	List: ML20059M895 ML20059M903
References
CON-FIN-L-16700, CON-NRC-04-90-374, CON-NRC-4-90-374 NUDOCS 9010050356
Download: ML20059M903 (23)

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NRC-04-90 September 30, 1990 SBIR RES-90-079

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Division of Contracts & Property Mgmt.

Division of Contracts & Property Mgmt.

Dontract Negotiation Branch No. 2, P-1042 Contract Administration Branch, P-902

. Washington, DC 20555 Washington, DC 20555

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14. ACCOUNisNG AND APPROPRI AllON C A T A TM AN FULL AND OPEN COMPE f t.

1 B&R 0601925040 FIN: L16700.

l Appn. 31X0200.600 Obligate: $49,70.00 il e.i u S C. 253 ten iO v S C :3: men i

15A ITEM NO l 158 SUPPLIES / SERVICES 15C. QU AN TITY l15D UNIT I 15E. UNIT PRICE l

'5F AMOUNT '

l The contractor shall perform research entitled "LongRangdRadioactivelPlume Transport Simulation Model/ Code" in accordance with the sdhedule and ciontractor's-technical proposal dated April 18, 1990, which is i ncorpor'ated herein by refeience, 1

This is a firm-fixed-price contract.

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1SG. TOTAL AMOUNT OF CONTR ACT bl $ "'I M

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16. TABLE OF CONTENTS V1ISEC.t DESCRIPTION lPAGE(S)

V)ISEC 1 OESCRIPTION IPAGEiS)

1. ART I - THE SCHEDULE PART Il-CONTR ACT CLAUSE 5 i A I SOLICITATION /CONTR ACT FORM i

vl I l CONTRACT CLAUSES l 11 X! O I SUPPLIES OR SERVICES AND PRICES / COSTS I

'AART 111 - LIST OF OOCUMENTS E XHIBITS AND OTHE R ATT ACH.

XI J l LIST OF ATTACHMENTS i 23 X l C i DESCRIPTION / SPECS ! WORK STATEMENT s

X1 D l PACK AGING AND MARKING l

PART tv - REPRESENTATIONS ANO INSTRUCTIONS Xf E I INSPECTION AND ACCEPTANCE I

K REPRESENTATIONS. CERTIFICATIONS ANO.

j Xl F I DELIVE RIES OR PERFORMANCE i

X OTHER STATEMENT 4 OF OFFERORS X4 G I CONTR ACT ADMINISTR ATION DATA l

i L INST ' CONOS. ANO NOTICES TO OF E w aORS I

X i H i SPECI AL CONTR ACT AEQUIREMENTS I

I M EVALOATION F ACTOT5S FOR AWARD l

CONTRACTING OFFICER Will COMPL ETE ITEM 17 0R I8 AS APPLICABLE i[ CONTR ACTOR'S NEGOTIATED AGREEMENT f('ontractor es re-18.

AW ARD (Contractor is not required to segri this docu'vierit.; vour 17.

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NRC-04-90-374 Page 2 4

Section B - Lupplies or Services and Prices / Costs B.1 Brief Description of Work 1

The contractor shall conduct research entitled "Long Range Radioactive Plene Transport Simulation Model/ Code" 8.2 Total Fixed Price..................$49,783.00 Section C - Description / Specifications / Work Statement C.1 Statem#nt of Work The work to be performed and the objectives to be met in this contract shall be in accordance with the contractor's technical proposal dated April 18, 1990, which was submitted in response to th F1-90 Small Business Innovatior-Research Program (SBIR) and which is incorporated herein by reference.

Secticn 0 - Packaaina and Markina D.1 The Contractor shall package material for shipment to the NRC in such a j

manner that will ensure acceptance by common carrier and safe delivery at estination. Containers and closure shall comply with the Intersnie Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as aaplicable to 1

the mode of transportation. On the front of the package,. tie Contractor shall clearly identify the contract-number under which the product is being provided.

Section E - Inspection and Acentance E.1 FAR Citations The contractor shall refer 'o Section I, Classe 52.252-2, for citations l

incorporated by reference.

E.2 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:

FEDERALACQUISITIONREGULATION(48CFRCHAPTER1)

NUMBER DATE TITLE 52.246-9 APR 1984 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) l l

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NRC-04-90-374 l

page 3 1

Section F - Deliveries and Performance j

F.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)

NVMBER DATE TITLE 52.212-13 AVG 1989 STOP-WORK ORDER i

F.2 Reports. Documentation and Other Deliverable End Items

a. Letter progress reports in three copies to the Project Officer and one copy to the Contracting Officer thall be due by November 30, 1990, and January 30, 1991.

b. A final report to include the results of the work performed under this contract shall be submitted to the Project Officer in one camera-ready copy and three copics on March 30, 1991.

In addition, one copy of the final report shall be submittrd to the Contracting Officer on March 30, 1991.

F.3 Place of Delivery i

The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

1.

3 Copies to Project Officer:

U.S. Nuclear Regulatory Commission Attn: James Glynn Office of Nuclear Regulatory Research l

Division of Systems Research Washington, DC 20555 i

2.

1 Copy to Contracting Officer:

U.S. Nuclear Regulatery Commission ATTN:

Contracting 0 ficer Olvision of Contracts and Property Management Contract Administration Branch, P-902 Washington, DC 20555 F.4 Duration of Contract Period This contract shall become effective on September 30, 1990, as specified in Block 3 of the SF-26, and shall continue to completion thereof, on March 30, 1991.

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- F.5 FAR Citations j

The contractor shall. refer to Section'I,~- Clause.No; $2.262-2 for

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i Section G - Contract Administration Data G1 Project Officer Authority (Mar 1987) Alternate II (Mar 1987)

a. The Contracting Officer's authorized repiesentative hereinafter referred to as the Project Officer for this contract is:

t Name:

James Glynn l

Office Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Mail Stop NLS-351 Washington, DC 20555 Telephone Number:

(301) 492-3964

b. The Project Officer is responsible for:

1) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.

2) Inspecting and accepting products / services provided under the

contract, i

3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension.

c.

The Project Officer is not authorized to make changes to the express terms and conditions of this contract.

(EndofClause)

G.2 Invoice Reautrements Invoices shall be submitted in an original and 3 copies to:

U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Administration Branch - P-902 Washington, D.C.

20555.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name of the business concern and invoice date.

2. Contract number or other authorization for delivery of property or services.

NRC-04-90-374 Page 6 i

3. Description price and quantity of property and services actually

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delivered or rendered.

4. Shipping and payment terms.

5. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

6. Other substantiating documentation or information as required by the l

contract.

G.3 Payment

a. Two payments in the amount of $16,500.00 each will be made to the contractor af ter receipt and acceptance of each of the two letter i

progress reports as required in Section F.2.a.

Payment shall not be made prior to receipt of said progress reports.

b. Final payment in the amount of $16,783.00 will be made to the contractor after receipt and acceptanr.e of the final report as required in Section F.2.b.

c. All contractor invoices shall identify the contract number and the monthly letter progress report for which payment is claimed.

d. If this contract provides for a discount, the contract shall indicate the contract's discount terms (Block 9 of Standard Form 26) on the face page of the invoice, t

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NRC-04-90-374 Page 7 Section H - Special Contract Reauirements H.1 Key Personnel (MAR 1987) 4.

The following individuals are considered to be essential to the successful performance of the work hereunder.

Dr. Steven R. Hanna, Dr. Franklin A. Gifford, and Mr. Joseph Chang 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 than 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 qualifications, 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 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 approval or disapproval thereof in writing.

d. If the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or

2) That the resultant reduction of effort would be so substantial as to impair the successful. completion of the contract or the service order, the contract may be terminated by the 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.

H.2 Safety. Health, and Fire Protection 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 danger from all hazards to life and property and shall comply with all health, 1

3.

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NRC-04-90-374-Page 8 safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.

In the event that th2 Contractor fails to comply with safd 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 i

resumption of work may be issued at the discretion of the Contracting

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Officer.

The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such I

Work stoppage.

H.3 Dissemination of Contract Information (OMB Clearance Number 3150-0112)

The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral or written, concerning the work performed under this contract without the prior written consent of the Cuntracting Officer.

Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.

Failure to comply with this clause shall be grounds for termination of this contract.

H.4 Private Use of Contract Information and Data (Jun 1988)

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

H.5 Drawinas. Dgsians, and Specifications All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of i

every description relating thereto, as well as all copies of~the foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcor. tractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contrutor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.

The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.

NRC-04-90-374 Page 9 i

H.6 Contractor Oroanizational Conflicts of Interest' l

(a) Purpose.

The primary purpose of this clause is to aid in ensuring

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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 i

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 i

participation by the contractor as defined in 41 CFR $20-1.5402(f) in the activities covered by this clause.

1 (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 I

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 ot.ier contractual arrangement with any firm or organization may involve a j

potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 41 CFR S20-1.5402(a).

(2) The contractor agrees that, if after award, it discovers organizational conflictr 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.

(e)

Access to and use of information.

(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to:

j (1) Use this information for any private purpose until the information has been released to the public; l

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NRC-04-90-374 Page 10 l

1 (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 I

Information to the public, or (iv) Release the information without prior written approval by i

the contracting officer unless the information has previously been

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r31 eased to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, 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.

2 (3) The contractor shall have, subject to patent and security-provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been mes.

(f) Subcontracts.

Except as provided in 41 CFR $20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms " contract," " contractor," and Government'g officer," must be appropriately modified to preserve the "contractin i

s rights.

(g) Remedies.

For breach of any of the above restrictionss o' for I

intentional nondisclosure or misrepresentation of any relevant interest i

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.

7 quest for waiver under this clause must be directed I

in writing throu-contracting officer to the Executive Director for Operations (EDO)

cordance with the procedures outlined in 41 CFR

$20-1.5411.

H7 Government Furnished Equipment / Property - None Provided (June 1988) 4 The Government will not provide any equipment / property under this contract.

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NRC-04-90-374 Page 11 PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 Notice Listino 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) l NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT I

52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 DEC 1989

. AUDIT -- NEGOTIATION 52.215-31 SEP 1987 WAIVER OF FACILITIES CAPITAL COST OF MONEY 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52,219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 15o6 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES 52.229-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-11 JUN 1989 PATENT RIGHTS -- RETENTION BY THE CONTRACTOR (SHORT FORM) 52.227-20 JUN 1987 RIGHTS IN DATA -- SBIR PROGRAM 52.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED.IN U.S.

POSSESSIONS OR PUERTO RICO 52.232-2 APR 1984 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.243-1 AUG 1987 CHANGES -- FIXE 0 PRICE ALTERNATE I (APR 1984)

NRC-04-90-374 Page 12

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52.245-2 DEC 1989 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) i 52.246-25 APR 1984 LIMITATION OF LIABILITY--SERVICES i

52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) 52.249-9 APR 1984 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)

I.2 PROMPT PAYMENT (52.232-25) (APR 1989)

Notwithstanding any othar payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions spacified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic' funds transfer is made. Definitions of Pertinent terms are set forth in 32.902.

i All days referred to in this clause are calendar days, unless otherwise specified.

(a) Invoice Payments (1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.

(2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the designated i

payment be the later of the following two events:

(1) The 30th day after the designated billing office has received a i

proper invoice from the Contractor.

(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor.

On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date 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 af ter 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, k

(3) The due dato on contracts for meat and meat food products, centracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from. edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:

(1) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and StoL rd Act of 1921 (7 U S.C. 182(3)) and further defined in Pub. L. 98-!

o include any edible fresh or frozen l

NRC-04-90-374 Page 13 poultry meat, an perishable poultry meat food product, fresh eggs, and any l

perishable egg product, will be as close as possible to, but not-later than, the 7th day after product delivery.

(ii) The due date for perishable agricultural commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

(iii) The 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, and food products prepared from edible fats or oils, will be as close as possible to, but not later than the 10th day af ter the date on wht a a proper invoice has been received.

l (iv)

If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due data will be as specified l

In the contract.

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(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 this clause.

If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities, edible fats or oils, and food i

products prepared from edible fats or oils).

Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.

(1) Name and address of.the Contractor.

j (ii) Invoice date.

(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 l

extended price of supplies delivered or services performed.

l (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight j

of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

i NRC-04-90-374 l

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i (vii) Name (where practicable), title, phone number and mailing address i

J of person to be notified in event of a defective invoice.

(viii) Any other information or documentation required by other l

requirements of the contract (such as evidence of shipment).

I (5) An interest penalty shall be paid automatically by the 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 l

this clause are met, if applicable. An interest penalty shall.r.ot be paid on contracts awarded to foreign vent' ors outside the United States for work performed outside the United States.

(1) A proper invoice was received by the designated billing office.

(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, J

or contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the 1

Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

I (6) The interest penalty shall be 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 governmental authority. This rate is referred to as the " Renegotiation Board Interest Rate," and it is i

published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date.

That is, interest accrued at the end of any 30-day period will be added to l

the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in paragraph (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 office for errors in calculating interest penalties, if requested by the Contractor.

(1) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision. In the event that actual acceptance occurs within the

NRC-04-90-374 Page 15 1

I 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 Governmeii officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities, dairy products, edible fats 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 af ter 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 after the end of the discount period through the date when the Contractor is paid.

(8) If this contract was awarded on or after October 1, 1989, a 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; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.

(b) Contract Financing Payments I

i NRC-04-90-374 Page 16

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(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 supplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion i

(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 Fixed-Price Architect-Engineer Contracts, and interim d

payments on cost type contracts.

(2) For contracts,that provide for contract financing, requests for j

payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (Insert day as prescribed by Agency head; if-q not prescribed, insert 30th day) day after receipt of a proper contract

~

financing request by the designated billing office._In the event that an 1

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.

(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(4) Contract financing payments shall not be assessed an interest penalty for payment delays.

(c) If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

l (End of Clause) 1.3 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (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.

Af ter award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments, and 1

shall submit this designation to the Contracting Officer or other Government official, as directed.

(a) For payment through FEDLINE, the Contractor shall provide the l

following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

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NRC-04-90-374 Page 17 (2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications Syster.

(3) Payee's account number at the financial institution where funds are to be transferred.

(4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity.

Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.

(b) For payment through ACH, the Contractor shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

(2) Number of account to which funds are to be deposited.

(3) Type of depositor account ("C" for checking, "S" for savings).

(4) If the Contractor is a new enrollee to the ACH system, a " Payment Information Form," SF 3881, must be completed before payment can be processed.

(c) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.

(d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor official authori ed to provide it, as well as the Cont,wetor's name and contract number.

(e) Contractor f ailure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

(End of Clause) 2

NRC-04-90-374 Page 18 f

I.4 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)

This contract incorporates one or more clauses by reference, with the same feree and ef fect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(EndofClause)

!.5 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (52.209-6)

(MAY 1989) l (a) The Government suspends or debars Contractors to protect the Government's interests. Contractors shall not enter into any subcontract equal to or in excess of $25,000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. If a Contractor intends to subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the list of Parties Excluded from Procurement Programs), a corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into such subcontract. The notice must include the following:

(1) The name of the subcontractor; (2) The Contractor's knowledge of the reasons for the subcontractor being on the list of Parties' Excluded from Procurement Programs; (3) The compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion on the list of Parties Excluded from Procurement Programs; and i

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(b) The Contractor's compliance with the requirements of 52.209-6 will be reviewed during Contractor Purchasing System Reviews (see FAR Subpart 44.3).

(End of Clause)

I6 DRUG-FREE WORKPLACE (FAR 52.223-6) (JUL 1990)

(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.

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NRC-04-90-374 Page 19 j

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" Criminal drug statute" means a Federal or non-Faderal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

i

" Drug-free workplace" means the site (s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

" Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract.

"Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance, j

" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.

(b) The Contractor, if other than an individual, shall--within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration); or as soon as possible for contracts of less than 30 calendar days performance duration--

(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 an ongoing drug-free awareness program to inform such employees about-(i)

The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; I

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause, that as a condition of continued employment on this contract, the employee will-(1) Abide by the terms of the statement; and l

NRC-04-90-374 Page 20 1

(ii)

Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no i

later than 5 days af ter such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b)(4)(11) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; 1

(6) Within 30 days after receiving notice under subparagraph (b)(4)(11) of this clause of a conviction, take one of the following actions with l

respect to any employee who is convicted of a drug abuse violation occurring in the workplace.

(1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(7) Make e good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(3) 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) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment, (EndofClause)

I.7 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS (52.225-13)

(MAY 1989)

(a) Definitions. (1) " Component part," means any article which is not usable for its intended functions without being imbedded or integrated into any other product and which, if used in production of a finished product, would be substantially transformed in that process.

(2) " Finished product," means any article which is usable for its i

intendeJ function without being imbedded in, or integrated into, any other l

product. It does not include an article produced by a person, other than a sanctioned person, that contains parts or components of the sanctioned

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NRC-04-90-374 Page 21 person if the parts or components have been substantially transformed during production of the finished product.

l (3) " Sanctioned person," means a company or other foreign person upon whom prohibitions have been imposed, i

(4) "Substantially transformed," when referring to a component part or finished product, means that the part or product has been subjected to a substantial manufacturing or processing operation by which the part or product is converted or combined into a new and different article of commerce having a new name, character, and use.

(b) General. Section 2443 of the Multilateral Export Control Enhancement Amendments Act (Pub. L. 100-418) and Executive Order 12661, effective December 28, 1988, impose, for a period of 3 years, with certain exceptions, a prohibition on contracting with, or procuring (including rental and lease / purchase) directly or indirectly the products or services of (1) Toshiba Machine Company, (2) Kongsberg Trading Company, (3) Toshiba Corporation, or (4) Kongsberg Vaapenfabrikk.

The Act and Executive Order also prohibit, for the same 3-year period, the importation into the United States of all products produced by Toshiba Machine Company and Kongsberg Trading Company.

These prohibitions also apply to subsidiaries, successor entities or joint ventures of Toshiba Machine' Company or Kongsberg Trading i

Company.

(c) Restriction. Unless listed by the Contractor in its offer, in the solicitation provision at FAR 52.225-12, Notice of Restrictions on Contracting with Sanctioned Persons, or unless one of the exceptions in paragraph (d) of this clause applies, the Contractor agrees that no products-or services delivered to the Government under this contract will be products or services of a sanctioned person.

(d) Exceptions. The restrictions apply --

L (1) To finished products of nonsanctioned persons containing I

components of a sanctioned person if these components have been substantially transformed during the manufacture of the finished product.

l (2) To products or services of a sanctioned person provided --

(1) The products are designed to the specifications of a 4

nonsanctioned perse, marketed under the trademark, brand or name of the nonsanctioned person l

(ii) The business relationship between the nonsanctioned person and the sanctioned person clearly existed prior to June 30,1987; and j

(iii) The nonsanctioned person is not directly or indirectly owned by a sanctioned person.

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NRC-04-90-374 o

Page 22 i

(3) If a determination has been made in accordance with FAR 25.1003 (a) or (b).

(e) Award. Award of any contract resulting from this solicitation will not affect the Contractor's obligation to comply with importation regulations of the Secretary of the Treasury.

(End of clause)

I.8 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (Jun 1988)

This contract incorporates one or more clauses by r=ference, 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, t

(End of Clause)

P I

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NRC-04-90-374 Page 23

.o PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1

NRC Contractor Organizational Conflicts of Interest 2

NRC Hanual Chapter 3202 3

Billing Instructions for Fixed Price Contracts i

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