ML20062G967
| ML20062G967 | |
| Person / Time | |
|---|---|
| Issue date: | 11/27/1990 |
| From: | Melissa Crawford, Mccoy P NRC OFFICE OF ADMINISTRATION (ADM), SMALL BUSINESS ADMINISTRATION, WASHINGTON DATA SYSTEMS, INC. |
| To: | |
| Shared Package | |
| ML20062G965 | List: |
| References | |
| CON-FIN-D-24161, CON-NRC-10-91-137 NUDOCS 9012030108 | |
| Download: ML20062G967 (60) | |
Text
AWARD / CONTRACT Page 1
/
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING
- 2. CONTRACT NO.
l3. EFFECTIVE DATE I4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No.l l
REQUEST / PROJECT NO.
3 -7/- / -fog 7 l A/O t/ - / '7, / f f C l
ADM-90-141
- 5. ISSUED BY Code:
l6. ADMINISTERED BY Code: No. 1 f
U.S. Small Business Administration
, Co a
dm n t at on Branch Washington District Office Div. of Contracts & Property Mgmt.
1111 18th Street, N.W., 6th Floor l Mail Stop P-902 P.O. Box 19993
- l. Washington, DC 20555 Washington, D.C. 20036 l
l
- 7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY l
()
COB ORIGIN Washington Data Systems, Inc.
l (X)
OThER (See below) o MD 67 4 DISCOUNT FOR PROMPT PAYMENT N/A l
l l
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/
CODE N/A l12. PAYMENT WILL CODE MARK FOR l
BE MADE BY l
See Section F.4 - PLACE OF DELIVERY l
U.S. Nuclear Regulatory Commission l
l Division of Accounting and Finance l
GOV /CCM Accounting Section Washington, DC 20555
- 13. AUTHORITY FOR USINt. < THER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(g l ) (X) 41 U.S.C. 253(c) (5)
- 14. ACCOUNTING AND APPROPRIATICN DATA l
SEE PRIME CONTRACT L
l 15A. ITEM 158. SUPPLIES /
ISC. QUANTITY 150. UNIT 15E. UNIT 15F. AMOUNT E
N0.
SERVICES PRICE l
See prime contract between U.S. Small Business Administration and U.S. Nuclear l
Regulatory Commission, No. NRC-10-91-137, en,itled " Microfiche Duplication for Local Public Document Rooms". The following contract clauses are hereby made a-part of this subcontract: 52.219 Special 8(a) Subcontract Conditions, and l
52.219 Limitations on Subcontracting.
l l
15G. TOTAL AMOUNT OF CONTRACT S243,117.83 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(a) r!$dN M)f %1127 NRC-16:?j",;37
AWARD / CONTRACT ~
Page 2 16.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE 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 TERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQVIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST 0F DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFERORS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALVATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17, (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return four copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this contract shall_be subject to and governed by the following documents: (a) this award / contract (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein.
(Attachments are listed herein.)
L 18.
( ) AWARD (Contractor is not required to sign this document.) Your Affer on Solicitation Number
, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation. and your of fer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND-TITLE OF SIGNER l 20A NAME OF CONTRACTING OFFICER (Type or print) l MARY 0. CRAWFORD OAvL /vl Mt b */
kM/ Md7 l 8mVISORY CONTRACTING OFFICEB l
19B. NAME OF CONTRACTDR l 208. UNITED STATES OF AMERICA by Iw.r' 5. 77/Yl bo w k f s << A A by, (Signature of person auth6rized to sign)'
(Signature'6fContractingOfficer) 20C. DATE SIGNED
/
19C. DATE SIGNED g
EXCEPTION TO STANDARD' FORM 26 (REV.4-85)
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Page 3 1
FAR 52.219 SPECIAI, 8(a) SUBCONTRACT CONDITIONS (FEB 1990)
(a) The Small Business Administration (SBA) has entered into l
Contract No NRC-10-91-137 with Washington Data Systems, Inc. w l
furnish the supplies or services as described therein.
A copy of a
-the contract.is attached hereto and made a part hereof.
j
-(b) Washington Data Systems, Inc., hereafter referred to as the subcontractor, agrees and acknowledges as follows (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-10-91-137 for the consideration stated therein and that it has read and is t
f amiliar with each :and every part of the contract.
1 (2)_ That the SBA has delegated responsibility for the administration of this subcontract to the U. S. Nuclear Regulatory l
Commission with complete authority to take any action on behalf of i
the Government under the terms and conditions of this subcontract.
j i
(3).That it will not subcontract the performance of any of the
- requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated l
Contracting Officer of the U. S. Nuclear Regulatory Commission.
- (4) That it will notify the U.S. Nuclear Regulatory Commission Contracting Officer in writing immediately upon l
entering an agreement (either oral or written) to transfer all or part'of its stock or other ownership interest to any other party.
l (c) Payments, including any p;agress payments under-this subcontract, will be made directly to the subcontractor by the U. S. Nuclear-Regulatory Commission.
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(End of clause)-
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Page 4 52.219 LIMITATIONS ON SUBCONTRACTING (OCT 1987)
By submission of an offer and execution of a contract, the Offeror / Contractor agrees that in performance of the contract in the case of a contract for-(a) Services (except construction).
At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees-of the concern.
(b) Supplies (other than procurement from a regular dealer in such supplies).
The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(c) General construction.. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(d) Construction by special; trade contractors.. The concern will. perform at least 25 percent-of the cost of the contract, not including the cost of materials, with its own employees.
(End'of clause) a
AWARD / CONTRACT Page 1 y
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING
- 2. CONTRACT NO.
!3. EFFECTIVE DATE l4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No.'
l REQUEST / PROJECT NO.
A/O V
/ 9, / f f o l
ADM-90-141 NRC-10-91-137 l
t
- 5. ISSUED BY Code:
- 16. ADMINISTERED BY Code: No. 1 l
(If other than Item 5)
U.S. Nuclear Regulatory Commission l Contract Administration Branch Div of Contracts & Property Mgmt.
l Div. of Contracts & Property Mgmt.
Contract Neg. Branch No.1; P-1020 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 CONTACT - Mrs. Helen Hagey l
PHONE-(301)492-9449
- 7. NAME AND ADDRESS OF CONTRACTOR
! 8. DELIVERY PRIME: U.S. Small Business Administration l
()
F08 ORIGIN Washington District Office (X)
OTHER (See below) 1111 18th Street, N.W., 6th Floor l
P.O. Box 19993 l 9. DISCOUNT FOR PROMPT PAYMENT Washington, D.C. 20036 l
N/A SUB: Washington Data Systems, Inc.
l 9200 Basil Court, Suite 211 l
tandnvor_ MO 9079R l
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/
CODE N/A l12. PAYMENT WILL CODE MARK FOR BE MADE BY See Section F.4 - PLACE OF DELIVERY U.S. Nuclear Regulatory Commission l
Division of Accounting and Finance l
GOV /COM Accounting Section Washington, DC 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) (5)
- 14. ACCOUNTING AND APPROPRIATION 0ATA l
B&R No.140-20-66-250; APPN No. 31X0200.141 l
FIN No. 024161; Obligated Amount:
$243,117.83 15A. ITEM 158. SUPPLIES /
15C. QUANTITY 150. UNIT 15E. UNIT 15F, AMOUNT NO.
SERVICES PRICE Perform microfiche duplication services as described herein and in accordance with Washington Data Systems, Inc.'s technical proposal dated 09/07/90 and as revised dated 10/05/90, both of which are incorporated herein by this reference and made a part of this contract.
15G. TOTAL AMOUNT OF CONTRACT
$243,117.83 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(a)
AWARD / CONTRACT Page 2
- 16. TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE 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 Cl.AUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS l
J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS M
EVALUATION FACTORS FOR AWARD l
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE L
17.
(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return four copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the i
l consideration stated herein.
The rights and obligations of the parties to this contract-shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein.
(Attachments are listed herein.')
18.
( ) AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Nurber
, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.
l 19A. NAME AND TITLE OF SIGNER l 20A. NAME OF CONTRACTING OFFICER MARNDRh1 d1St)
P I SUPERVISORY CONTRACTING OFFICF.B l
198. NAME 0F CONTRACTOR l 2Cd. UNITED STATES OF AMERICA W lb, NM{L? {
by
<e
~La l
,b (SignatureofCo'ntractinggicer)
L
-(Signature of person authorized to sign)';
j 20C. DATE SIGNED 19C.DATESIGNED-[
/
/
EXCEPTION TO STANDARD FORM 26 (REV.4-85)
r TABLE OF CONTENTS PAGE AWARD / CONTRACT.......
1 TABLE OF CONTENTS..........................
3
-PART I - THE SCHEDULE........................
5 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS..........
5
~
B.1 PROJECT TITLE............
5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
5 B.3 SCHEDULE OF ITEMS.....................
5 e
B.4 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE.......
5 SECTION C - DESCRIPTION / SPECIFICATION..
6
/ WORK STATEMENT SECTION D - PACKAGING AND MARKING.,..............
9 D.1 PACKAGING AND MARKING (MAR 1987) 9
~
SECTION E - INSPECTION AND ACCEPTAUCE................
10 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
10 i
SECTION F - DELIVERIES OR PERFORMANCJ, 11 F.1 NOTICE LISTING CONTRACT CLAU3ES INCORPORATED BY REFERENCE,
11 F.2 DURATION OF CONTRACT PERIOD (MAR 1987) 11 F.3 TIME OF DELIVERY (FAR 52.212-1) (APR 1984).......
11 F.4 PLACE OF DELIVERY,...
12 SECTION G - CONTRACT ADMINISTRATION DATA......,,....
13 G.1 PROJECT OFFICER AUTHORITY (MAR 1987)......
13 ALTERNATE II (MAR 1987) l G2 REMITTANCE ADDRESS (MAR 1987)...............
13 G.3 PROGRESS PAYMENTS.....................
14 SECTION H - SPECIAL CONTRACT REQUIREMENTS...,....,.....
15 H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)..
15 H.2 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST,.....
15 H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..
17 (JUNE 1988)
PART II - CONTRACT CLAUSES.....................
18 SECTION I - CONTRACT CLAUSES...................
18 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
18 1.2 CERTIFICATION OF COMMERCIAL PRICING (FAR 52.215-32)....
19 (JUN 1985)
I.3 SPECIAL 8(A) CONTRACT CONDITIONS..............
20 (FAR 52.219-11) ( APR 1984) 1.4 LIMITATIONS ON SUBCONTRACTING 21 (FAR 52.219-14) (OCT 1987)
I.5 DRUG-FREE WORKPLACE (FAR 52.223-6) (JUL 1990).......
22 I.6 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).........
24 I.7 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28).
28 (APR 1989)
I.8
- CLAUSES INCORPORATED BY REFERENCE.............
29
TABLE OF CONTENTS PAGE (FAR 52.252-2) (JUN 1.188)
PART III - LIST OF DOCUMENTS, EXHIBITS...............
31
=AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS...................
31 J.1 ATTACHMENTS (MAR 1987)................,
31 i
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Section B j
e-PART I - THE SCHEDULE
(
SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS P
B.1 PROJECT TITLE The title of this project is as follows:
" Microfiche Duplication for Local Public Document Rooms" (End of Clause)
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
The NRC requires microfiche duplication services to duplicate sets of NRC's NUDOCS microfiche and NUREG-0540 microfiche for distribution to NRC's power reactor Local Public Document Rooms.
(End of Clause)
B.3 SCHEDULE OF ITEMS Item Unit No.
Supplies / Services Quantity Unit Price Amount 1.
NUDOCS 48X Microfiche 70 sets
$3,418.80 $239,316.00 2.
NUREG-0540 24X Micro-76 sets
-$50.02
$3,801.52 fiche (End of Clause)
B.4 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE (JUNE 1988)
The firm fixed price of this contract is $243,117.52.
(EndofClause)
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.4 Page 6 NRC-10-91-137 Section C' SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 BACKGROUND The U.S. Nuclear Regulatory Commission (NRC) operates 76 power reactor Local Public Document Rooms (LPDRs) containing publicly available recards on the power reactor in their vicinity.
Since the k
LPDR program began in the late 1960s, an average of six linear feet of records per year have been added to each LPDR collection, As a result, most libraries serving as LPDRs have indicated that they have limited expansion space to accommodate NRC paper records in the
- future, To address this problem, the NRC will convert its LPDR collections to the NVDOCS 48X microfiche.
The purpose of this contract is to duplicate 70 sets of the NVDOCS microfiche from 1981 through June 30, 1990 and 76 sets of NUREG-0540, TITLE LIST OF DOCUMENTS MADE PUBLICLY AVAILABLE, complete series, to be used as the index to the NUDOCS-microfiche.
C.2 SCOPE OF WORK 1
C,2.1 The Contractor shall provide the facility and furnish all equipment, material and labor incidental to the performance of this contract.
C.2.2 The Contractor shall duplicate 70 sets of 46,130 NUDOCS 48X microfiche.
NUDOCS 48X microfiche has 364 useable frames per fiche.
Duplicate microfiche shall be reproduced onto.005 mil. thick, polyester based, non-striped, black image appearing diazo film.
Each duplicate must be cut, collated and inserted into an acid free protective envelope, meintaining a sequential order.
C.2.3 The Contractor shall duplicate 76 sets of 675.24X microfiche.
NUREG-0540 24X microfiche has 98 useable frames per fiche.
Duplicate microfiche shall be reproduced onto.005 mil, thick, polyester based, non-striped, black image appearing diazo I
film.
Each duplicate must be cut, collated and inserted into an acid free protective envelope, maintaining a volume and number order.
_C.2.4.
The duplicated NUDOCS microfiche shall be assembled into 70 individual sets, maintaining their sequential order.
Each set shall be placed into microfiche boxes.
Each box shall be labeled with the contents and then numbered according to the final number of boxes required for each individual set (i.e.,1 of 7).
l C.2.5 The duplicated NUREG-0540 microfiche shall be assembled into 76 individual sets, maintaining their volume and number order.
Each set shall be placed into microfiche boxes and shall be labeled with the contents and then numbered according to the final number of
Page 7 NRC-10-91-137 Section C j
boxes required for each individual-set (i.e., 1 of 2).
C.2.6 One set of the duplicated NUDOCS microfiche and one set of the NUREG-0540 microfiche shall be packaged together in shipping boxes and numbered according to the final number of boxes required for each individual set (i.e.,1 of 6, 2 of 6, etc.). The sets shall then be mailed to each addressee, in accordance with the LPDR mailing list (see Attachment J - List of Attachments.) This same attachment should be considered when calculating shipping costs as part of the unit price determinations required in Section B -
SCHEDULE OF PRICES.
Any extra sets shall be returned to the NRC Project Officer.
C.2.7 All duplicated microfiche shall be free of scratches, holes, tears, finger n rks, dirt, dust, or any other defect that might adversely affect the quality of reproductions made from the microfiche.
C.2.8-The Contractor shall maintain all 70 duplicated sets of the NUDOCS microfiche and the 76 sets of the NUREG-0540 microfiche in the same sequential order as the original sets.
C.2.9 The Contractor shall return the original set of NVDOCS microfiche and NUREG-0540 microfiche to the NRC Project Officer or Technical Representative when the job is completed.
All microfiche returned to NRC shall be in the same condition and sequential order as received.
C.2.10 As each 10,000 NRC provided microfiche are duplicated, the Contractor shall notify the NRC Project Officer or Technical Repres*ntative.
NRC will then randomly select one set of duplicated microfiche to take back to NRC and perform a quality control check.
If any errors are detected, such as poor quali y or t
microfiche out of sequential order, the defective microfiche will be rejected.
The Contractor will be notified and all corrections shall be completed in all sets of duplicated microfiche by the next random check. All random quality control checks performed by NRC will be g
on cumulative sets of microfiche. NRC will conduct the quality control check within 5 working days of receipt of the microfiche.
C.2.11 The quality of the duplicated microfiche shall be no less f
than the quality of the microfiche originally provided by NRC.
C.3 INSPECTION The NRC Project Officer and/or Technical Representative may ma5,e periodic site visits to the Contractor's facility to view daily operations.
Such visits will be arranged with the Contractor's Technical Representative at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> prior to the visit.
C.4 TRAVEL NRC anticipates that the Contractor will make 5 trips to NRC in Bethesda, Maryland.
The Contractor shall not charge separately for any local travel for pick-up and delivery of microfiche.
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Page 8' NRC-10-91-137 Section C (End of Clause) 4
.r Page 9 NRC-10-91-137-Section D-c.;
SECTION D - PACKAGING AND MARKING E
s.
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PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to-the NRC in 1
such a-manner that will_ ensure acceptance by common carrier and safe delivery at destination.
Cor. tainers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform. Freight Classification Rules, or regulatict;s of other carriers ~as applicable Eto the mode of transportation.
On the front of the package, the Contractor shall clearlyL1dentify the contract number under wh'ch the product is being provided.
(End of Clause) 1 lM I
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p-Page 10' NRC-10-91-137 Section E a.
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SECTION E - INSPECTION AND ACCEPTANCE E.1
~ NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:. The following. solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by
?
reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 1 NUMBER-DATE TITLE-1
'52,246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE-J g
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Page 11 NRC-10-91-137 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.212-13 AUG 1989 STOP-WORK ORDER 52.212-10 SEP 1989 DELIVERY OF EXCESS QUANTITIES 52'247-34 APR 1984 F.O.B. DESTINATION 52-247-54 MAR 1989 DIVERSION OF SHIPMENT UNDER F.0.B. DESTINATION CONTRACTS F.2 DURATION OF CONTRACT PERIOD (MAR 1987) l l
This contract shall commence on the effective date of this contract and will expire six months thereafter.
(End of Clause)
F.3 TIME OF DELIVERY (FAR 52.212-1) (APR 1984) l The Government requires delivery to be made according to the l
following schedule:
REQUIRED DELIVERY SCHEDULE WITHIN MICROFICHE DAYS AFTER EFFECTIVE ITEM QUANTITY DATE OF CONTRACT
- 1. ' Duplicated microfiche 750,000 80 days from first 10,000 NRC original microfiche 2.
Duplicated microfiche 750,000*
100 days from second 10,000 NRC original. microfiche 3.
Duplicated microfiche 750,000*
120 days I
from third 10,000 NRC original microfiche 4.
Duplicated microfiche 750,000*
140 days from fourth 10,000 NRC
NRC-10-91-137' Section F
)
cr{ginal nicrofiche 5.
Duplicated microfiche 280,400**
150 days from remainder of NRC original microfiche 6.
Corrections of any errors 165 days found in NRC quality control 4
I check of Item 5 above.
i 7.
Mail duplicated microfiche 175 days to LPDR libraries 8.
Return original microfiche 182 days and extra sets of duplicated microfiche to NRC Project Officer
- Includes corrections of any errors found in previous NRC quality control check.
- Estimated number to include errors corrected in previous NRC quality control check.
(End of Clause)
F.4 PLACE OF DELIVERY One set of each NUDOCS 48X Microfiche and NUREG 24X Microfiche a.
shall be delivered,.with all charges paid by the Contractor, to the addresses specified in the attached LPDR Mailing List (See Section J - List ofAttachments.)
b.
Remaining sets of NUDOCS 48X Microfiche and NUREG 24X Microfiche l
shall be delivered, with all charges paid by the Contractor, to the NRC Project Officer.
See Section G 1 for the NRC Project Officer's address.
(End of Clause)
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Page 13 NRC-10-91-137 Section G SECTION G -' CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE II (MAR 1987) a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Jona Souder Address: U.S. Nuclear Regulatory Commission Div. of Freedom of Information and Publications Services Office of Administrati'n Mail Stop:
P-378 Washington, DC 20555 Telephone Number: (301)492-4344 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.
- 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.
(End of Clause)
G.2-REMITTANCE ADDRESS (MAR 1987)
If item 150, of the Standard Form 33 has been checked, enter the remittance address below.
Name: Maryland National Bank Address: 100 South Charles Street Baltimore, MD 21201 Attn:
Secure Lending, MS 250509
Page 14 NRC-10-91-137 Section G G.3 PARTIAL PAYMENTS a.
Four payments in the amount of $48,623.50 each will be made to the Contractor after the NRC Project Officer's receipt and acceptance of the following items:
1.
Duplicated microfiche from the first 10,000 NRC original microfiche.
2.
Duplicated microfiche from the second 10,000 NRC original microfiche.
3.
Duplicated microfiche from the third 10,000 NRC original microfiche.
4.
Duplicated microfiche from the fourth 10,000 NRC original microfiche, b.
Final payment in the amount of $48,623,52 will be made to the Contractor after mailing the duplicated microfiche to LPDR libraries and after the NRC Project Officer's receipt and acceptance of original microfiche and extra sets of duplicated microfiche, c.
All Contractor invoices shall identify the contract number and the completed item for which payment is claimed.
d.
All other terms and conditions of the Billing Instructions, which are attached in Section J of this contract, apply.
(End of Clause) 1 L
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NRC-10-91-137 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.
(End of Clause)
H.2 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST
'(a) Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interests (fi a ncial, 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 41 CFR 520-1.5402(f) in the activities covered by this clause, (c) Work for others.
Notwithstanding any other provision of i
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-l a p'otential conflict of; interest, the contractor shall obtain the
[
written appro/al 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 conflicts of interest with respect to this contract, it shall make an immediate and full disclosure
Page 16 NRC-10-91-137 Section H 4
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:
(1) 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 informatio.1 for a period of six months af ter 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 information has previously been released to the public by l,
the NRC.
L (2)
In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected.by the Privacy Act of 1974 (Pub. L.93-579), or other confidential'or privileged technical, business, or financial information under this contract, the contractor shall' treat the information in accordance with restrictions
.placed on use of the information.
(3) The contractor shall have, subject to patent and 1
security provisions of this contract, the right to use-technical data it produces under this contract for private l
l-purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR.
y
$20-1.5402(h), the contractor shall include this clause, including I
this paragraph, in subcontracts of any tier.
The terms l
" 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 l
relevant interest required to be disclosed concerning this l
l
Page 17 NRC-10-91-137-Section H j
contract or for such erroneous representatians that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR S20-1.5411.
(End of Clause)
H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988)
The Government will not provide any equipment / property under this contract.
(End of Clause) l J
l i
i
7 Page 18 NRC-10-91-137 Section I c
PART II - CONTRACT CLAVSES SECTION-I CONTRACT CLAUSES I.1 NOTJCE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:
.ne following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES L
52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1988 AUDIT - NEGOTIATION 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL-DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 ~APR 1984 UTILIZATION OF LABOR l-SVRPLUS 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 i
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 AMD VETERANS OF THE VIETNAM ERA 52.223-2 APR 1984 CLEAN AIR AND WATER 52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS
e Page 19 NRC-10-91-137 Section I 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 5?.227-3 APR 1984 PATENT INDEMNITY 52.229-4 APR 1984 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT)
-52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN V.S. POSSESSIONS OR PUERTO RICO 52.232-1 APR 1984 PAYMENTS 52.232-8 APR 1989 DISCOUNTS FOR PROMPT PAYMENT y
52.232-11 APR 1984 EXTRAS 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS c
52.233-1 APR 1984 DI F ITES ALTERNATE I (APR 1984) 52.233 AUG 1989 PROUST AFTER AWARD 52.243-1 AVG 1987 CHANGES -- FIXED PRICE ALTERNATE I (APR 1984) 52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING 52.245-2 DEC 1989 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) 52.245-4 APR 1984 GOVERNMENT-FURNISHED PROPERTY-(SHORT FORM) 52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (SERVICES)
(SHORT FORM) 52.249-8 APR 1984 OEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 52-215-22 APR 1988 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.203-12 JAN 1990 LIMITATION ON PAYMENTS TO INFLVENCE CERTAIN FEDERAL TRANSACTIONS l
I.2
. CERTIFICATION OF COMMERCIAL PRICING (FAR 52.215-32)
'(JUN 1985) i-l (a) The Offeror / Contractor shall execute and submit to the Contracting Officer the following certificate with any
. offer / proposal as required by section 15.813-2 of the Federal
' Acquisition Regulation (FAR) or as requested by the Contracting o
Officer:
Certificate of Commercial Pricing
. (1) Unless justified in (2) below, by submission of this offer / proposal, the Offeror / Contractor certifies that the prices offered for those items of supply (whether or not separately identified) that the Contractor offers for sale to the public are no higher than any lower price charged to any.other customer, including any governmental instrumentality, during the preceding 60 days.
(2) All items for which prices offered are higher than any lower' price-charged to any other customer during the preceding 60 days are identified below (including the amount (s) by which such
Page 20 NRC-10-93-337 Section-I a
offered prices are higher) and a written justification for the differences is attached.
Items Price Differences (List as necessary)
-Offer / Proposal No.
Firm Name Title Date (End of Certificate)
(b) The Contracting Officer or representatives of the Contracting Officer who are employees of the Government shall have the right to examine and audit all books, records, documents, and other data of the Contractor related to the pricing of=the commercial items covered by this offer / proposal.
The contractor shall make these
' books, records,. documents, and other data available for examination, audit, or reproduction until three years after final payment under this contract.
(c) If any price, including. profit or fee negotiated in connection with this contract, or any cost reimbursable under this contract has increased because the certification in paragraph (1) of the Certificate or the information provided as. justification in paragraph'(2) of the Certificate was inaccurate, incomplete, or misleading, the price or cost shall be reduced accordingly and the 1"
contract shall be reduced accordingly and the contract shall be modified to reflect the reduction.
.(End of Clause) l l
-I.3 SPECIAL 8(A) CONTRACT CONDITIONS L
(FAR 52.219-11) (APR 1984)
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
p Page 21 NRC-10-91-137 Section I w
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.
(c) Delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice
> ininating 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 U.S.
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.
(End of Clause) 1.4 LIMITATIONS ON SUBCONTRACTING (FAR 52.219-14) (OCT 1987)
By submission of an offer and execution of a contract, the Offeror / Contractor agrees that in performance of'the contract in the case of a contract for--
(a) SERVICES (EXCEPT CONSTRUCTION).
At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(b) SUPPLIES (OTHER THAN PROCUREMENT FROM A REGULAR DEALER IN
-SUCH SUPPLIES).
The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(c) GENERAL CONSTRUCTION.
The concern will perform at least 15 percent of the cost of the centract, not including the cost of materials, with its own employees.
(d) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS.
The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
(End of Clause) i
Page 22 NRC-19-91-137 Section I w
I.5 DRUG-FRtY WORKPLACE (FAR 52.223-6) (JUL 1990)
(a) De fi ni t t o.'s.
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 i
contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
" 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 tu include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.
" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.
(b) The Contractor, if other than an individual, shall--within 30 calendar days after awarc' (unless a longer period is agreed to in L
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; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for
F Page 23 e
1 NiiC-10-91-137 Section I-e drug abuse violations occurring in the workplace.
(3) Provide all employns engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) t,tify such employees in writing in the statement required by subparagraph (b)(1) of tus clause, that as a condition of continued employment on th's contract, the employee will-(i) Abide by the terms of the statement; and (ii)
Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; 1
(5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b)(4)(ii) of r
this clause, from an employee or otherwise receiving actual notice of such conviction.
The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subparagraph (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) 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 a good faith effort to maintain'a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause.
(c) The_ Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance-in the performance of this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.
(End of Clause)
7 Page 24 NRC-10-91-137 Section I r
1.6 PROMPT PAYMENT (FAR 52.232-25) (APR 19891 Notwithstanding any other payment clause in this contract, the
=
Government will make invoice payments and contract financing ptyments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made.
Dtfinitions of pertinent terms are set forth in 32.902.
All days refstrad to in this clause are calendar days, unless otherwise specified.
The term
" foreign vendor" means an incorporated concern not incorpovated in the United States, or unincorporated concern having its principal place of business outside the United States.
(a) Invoice Payments.
(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract i
or other authorization for supplies or services accepted by the Government.
This includes payments for partial deliveries that have been accepted by the Gevernment and final cost or fee payments where rmounts 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 payment office shall be the later of the following two events:
(i) The 30th day after the de11gnated billing office has f
received a proper invoice from the Cantractor.
(ii) The 30th day af ter Governent acceptance of supp's ses delivered or services performed by the Contractor.
On a fin 1 invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
However, if the
)
designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
l i
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(i) The due date for ma t and meat food products, as defined i
in section 2(a)(3) of the Packers and Stockyerd Act of 1921 (7 i
V.S.C. 182(3)) and further d fined in Pub, L. 98-181-to include any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, will be as p
close as possible to, but not later than, the 7th day after product 1
e L
Page 25 NRC-10-91-137 Section I delivery.
(ii) The due date for perishable agricultural commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act of '930 (7 U.S.C. 499a(44)), will be as close as possible to, but net 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 Sabilization Act of 1983 (7 U.S.C 4502(e)), edible fats or oils, will be as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the designated billing office specified in the contract.
A proper invoice must include the items listed in subdivisions (a)(4)(1) through (a)(4)(viii) of the clause.
If the invoice does not comply 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 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.
(i) Name and address of the Contractor.
(11) Invoice d ee.
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms).
Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii)Name(wherepracticable), title,phonenumberand mailing address of perton to be notified in event of a defective invoice.
(viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment),
i
Page 26 NRC-10-91-137 Section 8 4
(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)(111) of this clause are met, if applicable.
An interest penalty shall not be paid on contracts awarded to foreign vendors 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, or contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(6) The interest penalty shall be at the rate established by the 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 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 compounderi 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 asided to the approved invoice payment amount and be subject to intere',t penalties if not paid in the succeeding 30-day per lod.
If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph (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.
(i) For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day after the 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 constructive acceptance period, the determination of.n interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or
NRC-10-91-137 Section I y
o 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 fat or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
i (iii) Interest penalties will not continue to accrue after 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 j
this clause on the amount of discount taken for the period beginning I
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 af ter 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 j
the interest penalty amount if the contractor:
l (1) 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 i
the date the invoice amount is paid,.that the agency pay such a L
penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of 1
Y Page 28 NRC-10-91-137 Section I 3
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 (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 payments on cost type contracts.
(2) For contracts that provide for contract financing, requests for 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 30th day after receipt of a proper contNet financing request by the designated billing office.
In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and ce ditions 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 tne 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 3
receipt of the invoice.
(End of Clause)
[
I.7 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28)
(APR 1989)
Payments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government.
After award, but no later than 14 days before an invoice or contract financing request is submitted, l
the Contractor shall designate a financial institution for receipt of electronic funds transfer payment, and shall submit this j
designation to the Contracting Officer or other Government Official, as directed.
i (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.
i i
(2) The American Bankers Association 9-digit identifying number
)
1
b Page 29 NRC-10-91-137 Section !
for wire transfers of the financ.ing institution receiving payment if j
the institution has access to the Federal Reserve Communications System.
(3) Payee's account number at the financial institution where funds are to be transferred.
(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 the American Bankers Association identifying number for the l
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 t
savings).
1 (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 paymen+ made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Guvernment 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 authorized to provide it, as well as the Contractor's name and contract number.
(e) Contractor failure to properly designate a financial Institution or to provide appropriate payee bank account information may delay payment of amounts otherwise properly due.
(End of Clause) 1.8 CLAUSES INCORPORATED BY REFERENCE (FAR52.252-2)(JUN1988) l This contract incorporates one or more cl.cses by reference, with l
the same force and effect as if they were givm in full text. Upon l
t
Page 30 NRC-10-91-137 Section !
e
)
request, the Contracting Officer will make their full text available.
(End of Clause) i i
i l
y_.
I Page 31 NRC-10-9'l-137 Section J y.
e e
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS E
J.1 ATTACHMENTS (MAR 1987) p Attachment Number Title y
?
W 1
Billing Instructions
'2 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 1
-,y 3
LPDR Mailing List 1
t t
7 i
i j
1 E
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I 1
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4
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E.
ATTACHMENT ONE REVISED 8/89 BILLING INSTRUCTIONS FOR FIXE 0 PRICE CONTRACTS General:
The contrtetor shall prepare vouchers or invoices as prescribed
,^
herein.
FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE'WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE V0UCHER/ INVOICE AS IMPROPER.
Form:
Claims shall be submitted on the payee's letterhead.
voucher / invoice, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Service'. Other than Personal," and Stancard Form 1035.
"Puoiic Vecchc-for Purchases Other than Personal--Continuation Sheet."
These forms are available from the U. S. Government Printing Office, 701 l
North Capitol Street, Washington, D.C.
20801.
Numcer of Copirs:
An original and three copies shall be suomittee.
Failure to submit all the recuired copies will result in rejection of the voucner/invoi:e as improper.
Designatec Alency Billing Office:
Vruchers/ invoices shall be suomittee to the following address:
U. S. Nuclear Regulatory Commission Division of C',ntracts and Procerty Management Contract Adr.inistration Branen, Mailstop P-902 Washington, D.C.
20555 HAND-DELIVERY OF V0VCHEF3/ INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY NRC.
Howsver, should you choose to deliver vouchers / invoices by nand, including delivery by any express mail services or special celivery services which use a courier or other person to ceiiver tne voucner/ invoice in person to the NRC, such vouchers / invoices must be addressed to the above Designated Agency Billing Of fice anc will only be accepted at the following location:
U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike a
Mail Room Rockville, Maryland 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.
Note th-t the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts and Property Management.
Agency Payment Office:
Payment will continue to be made by the office designated in the contract in Block 18.of SF 26 or Block 25 of SF 33, whichever is applicable.
r 2
REVISED 8/89 Frecuency:
The contractor shall submit an voucher or invoice only after NRC's final acceptance of services rendered or products delivereo in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher / Invoice:
The voucher / invoice shall be prepared in ink or by typewriter (without strikeovers).
Corrections or erasures must be initialed.
To be considered a proper voucher / invoice, all of the following elements must be included:
1.
Contract number 2.
Secuential voucher / invoice number.
3.
Date of voucher / invoice.
4 roject Officer's name and mailstop as designated in tne contract.
5.
- ayee's name and address.
(Show the name of the contractor ano its
- rrect address.
In addition, when an assignment of funos nas been
. ace by the contractor, or a different payee has Leen cesignateo,
'nclude the name and address of the payee.)
Indicate the name and teleonone numoer of the individual responsible for answering
- vestions the NRC may have regarding the voucher / invoice.
6,
- escription of articles or services, cuantity, unit price, ano
- tal amount.
L eignt anc :ene of shipment, if shippec by parcel post.
3.
- harges for freight or express snipments.
Attach preonid bill if snio::ed by freight or express.
9.
Instructions to consignee to notify the-Contracting Officer of receipt of shipment.
10.
For Indefinite Delivery contracts or contracts unoer wnich crogress
- ayments are authorized, the final voucher / invoice shall be marked
":INAL VOUCHER" or " FINAL INVOICE."
Currency:
Billings may be expressed in the currency normally useo by the contractor in maintaining his accounting records and payments will be made in tnt.t currency.
However, the U. S. dollar equivalent for all voucners/ invoices paid under the contract may not exceed the total U. S.
dollars authorized in th,e contract.
1 l
Supersession:
These instructions supersede any previous billing instructions.
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mieIh.
ATTACHMENT 2
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PART 20-1 -- GENER>4, e
l Conflicts of Interest Subpart 20-1,54--Contractor Organizationa Scope and policy.
i ational Sec.
Criteria for recognizing contractor organ s 2C 1.5401 Ce.finitions.
20-1.5402 20-1.5403 zonflicts of interest. Representation.
Contract clauses.
20 1.5404 General contract clause.
20-1.5405 Special contract provisions.
Evaluatic.n. findings, and contract aware.
20-1.5405 1 20 1.5405-2 f.onflicts) identified af ter award.
20 1.5406 20-1.5407 (Reserved 20-1.5408 (Reserved) 20-1.5409 Subcontractors.
20-1.5410 Waiver.
70A to Pub. L.
20-1.5411 Remedies.
Sec. 8 Pub. L.95-601, adding Se SC ch. 14) 20-1.5412 AUTHORITY:
Scope and Policy Regulatory Commission tractor organizational conflicts 120-1.5401 (a) It is the policy of the U.S. Nuclear i ing all prospect'ive (NAC) to avoid, eliminate or neutralise con bing relationships, if any, with The W,C achieves this objective by requ r se regulated by NRC) which may contractors to summit information descri i ts of interest in the event of interest.
organizations or persons (including thog ions cannot be made l
tion of sound judgment on virtu contract award. Contractor conflict of inter licy is to be applied so as automatically or routinely) the applicaa c It is not possible to prescribe (b) ia which would ser st.
to satisfy the overall public intere in advance a specific method or set of critar les are provided in these regulatio identify and resolve all of the contractor enn NRC contracting and program i h may warrant application of th which might arisai owever, examp h
Might the contractor, if awar to guide application of the policy.
must be alert to ottler situations wh cThe ultimate te i
d advantage 7 policy guidance.the con;,ract, be placed in in this subpart applies The conflict of interest rule contained Individuals or firds who iin ter contractors and off erers only. relationship This rule does not apply to the ac (c) i nel appointment orocess, NRC covered by this regulation.of consult 1ng services
/
7590 01 agreements with other government agencies or state, local or fr. reign governments; s, international orga i
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confitets of interest will be employed in eparata procedures for avoi n sations, I20-1.5402 Definitions (a) extsts whereby a contractor or prospective" Orga contract which: planned interests related to the work contractor has present orrest" biased work product, or (2) may res lsound, 1
to be perfomed under an NRC May diminish its capacity to give im u t in its being given an unfairmay competitive advantage.
theore(tical analysi", exploration"Res'earch" means a b)
(c) *Evalu
, or experimentation.echnical work involving of a technology,ation activities" means any effort involvin process, product, or policy.
(d) e appraisal internal assistance to a compon" Technical consulting and ma require the contractor to be given acces, oradm projects been made available to the public o n or clicies which normally servic s to information which has not plans;es typically include assistance in the preparation r proprietary information.
statements of work.and preparation of preliminary designs Such pr
, specifications,ogram (a) or
" Contract" means any contract with the NRC except os provided in Secti
, agreement, or other arrangement (f) on 20-1.5401(c).
joint venture" Contractor" means any person, firm or their succe,ssora in intco sponster, partnership, corpor,ation directors, key pers,onnel (erest, including their chiefunincorp
, affiliates thereof, or subcontractors, which is a party to a cidentified in the contract),
executives, (g) each other when either directly or indirectl" Affiliat controls or has the power to control anothe which are affiliates of controls or has the power to control both (41 C y one concern or individual r, or when a third party (h
performs) work under a contract with th" Subcontractor FRI1-1.606-1(e)).
supplies and subcontracts in amounts of $10 00e NRC except uninco(rp) orated association, joint ventur" Prospect 1
0 or less.
affiliates thereof, includin r
e, partnership, corporationmeans any pers (identified in the pro submitting a bid or pr.posal)g its chief executive, directors, key or posal, solicited or unsolicited, proposed consultants obtain a contract.
, to the NRC to L-- - -
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ATTACHMENT 2 PART 20-1 -- GENL1tAL Subpart 20-1,54--Contractor Organizational Conflicts of Interest Sec.
20 1.5401 Scope and. policy.
20-1.5402 De.finitions.
l 20 1.5403 Criteria for recognizing contractor organizational sonflicts of inte. rest.
20-1.5404 Representation.
20 1.5405 contract clauses.
2041.5405-1 General contract clause.
2f-1.5405-2 Special contract provisions.
2J-1. 5406 Evaluation, findings, and contract. award.
'!0-1. 5407 tonflicts identified af ter award.
20-1.5408 (Reserved) 20 1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AtJTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) i 120-1.5401 Scope and Policy.
(NRC)(a) It.is the policy of the U.S. Nuclear Regulatory Comis of interest.
The NRC achieves this objective by requiring all prospect'ive contractors to submit information describing relationships, if any, with L
organizations or persons (including thoso regulated by NRC) which may give rise to actual or' potential conflucs of interest in the event of l
l contract award.
f (b)
Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually l
a case-by-case basis is necessary if the policy is to be' applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of critaria which would serve to identify and resolve all of the contractor conflict of interest situations which might arisen however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is:
Might the contractor, if awarded the coni,ract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c)
The conflict of interest rule contained in this subpart applies to contractors and offerers only.
Individuals or firms who have other'-
relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment orecess, NRC 1
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7590 01
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agreements with other government agencies, international organizations, or state, local or foreign governmentst separata procedures for avoiding conflicts cf interest wi11 he employed in such agreements.,as appropriate.
=
I20-1.5402 Definitions (a)
" Organizational conflicts of interest" means that a relationship extsts whereby a contractor or prospective contractor has present or planned interests' related to the work to be performed under an NRC contract whicht (1) May diminish its capacity to give impartial, technically L
sound, objective assistance and advice or may othentise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b)
"Research" means any scientific or technical work involving theoretical analysi", exploration, or experimentation.
(c) *tvelvation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d)
" Technical consulting and management support services" means internal assistance to a component of tne NRC in the formulation or administration of its programs, projects, or policies which norma 11v require the contractor to be given access to information which hsu..not been made available to the public or proprietary information.
.iuch services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(a)
" Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Sec' tion 20-1.5401(c).
(f)
" Contractor" means any person, firm unincorporated association.
joint venture, co-spontor, partnership, corpor,ation, affiliates thereof, or their successora in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants.
or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either'directly or indirectly one concern or individual controls or has the power to control another, or when a' third party controls or has the power to control both (41 CFR I1-1,606-1(e)).
(h)
"Subcentractor" means any subcontractor of any tier which performs work r,nder a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(1)
"Prospectkvecontractor"or" offeror"meansanyperson, firm, unincorporatet' association,. joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a ' bid or pr.posal, solicited or. unsolicited, to the NRC to obtain a contract.
.t.
i
7590 01 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which 'nust be reported to the contracting officer for investigation if'they arise during contract perfomance.
820-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a)
General.
Twoquestionswillb$askedindeterminingwhether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC1 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate detemination by NRC as to whether organizational conflicts of interest exist will be made in light of comen sense and good business judgment based upon the relevant facts disclosed and the work to be performed.
While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationshil which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirement:
which call for the rendering of advice, consultation or evaluation activities. or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and 7 search programs.
(b) tituations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i)
Where the offerer or contractor provides advice aad recommendatio-to the NRC in a technical area in which it is also providing consulting..
assistance in the same aroc.to any organization regulated by the NRC.
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(ii) Where the offerer or contractor provides advice tu the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the,NRC.
(iii) Where the offerer or contractor evaluates its own products or services, or the products or services of another entity where the offerer or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a. contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offerer or contractor.
3
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j-7590-01 (2) The contracting officer may request specific inferination from i
an offerer or contractor or may require special contract provisions such as provided in i20-1.5405 2 in the following circumstances:
4 (i) Where the offerer or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
l (ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorpersted into competitive procurements using such approaches or methodologies.
not svailable to the public concerning MC' p1' granted access to infom i
(iii) Where the offeror or contractor is ans, policies, or programs
. which could form the basis for a later procurement action.
(iv) Where the offerer or contractor is granted access to proprietary inferination of its competitors.
(v) Where the award of a contract might otherwise result in plackng the offerer or contractor in a conflicting role in which its judgment.
may be biased in relation to its work for the MC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
. '(c). Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organisational conflict of interert situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (UP). proposes to undertake certain analyses of a reactor component as called for in the UP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the-inquiry in the WP the XYZ Corp.
advises that it is currently performing similar arialyses for the reactor manufacturer.
Guidance. An MC contract for that particular work norina11y would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in'relationsMp to its work for MC. Since there are other well-qualified companies available, there would be no reasoe for considering a waiver of the policy.
(2)
Example.
The A8C Corp.
in response to a UP, proposes to perf.orm certain analyses of a reac, tor component which are unique to one type of advanced reactor.
As is the cast with other technically qualified companies responding to the RFP, the A8C Corp. is ' performing various projects for several different utility clien'ts.
Nonc of the ABC Corp.
4 projects have any relationship to the work called for in the UP Based-on the NRC evaluation. the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RF).
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_____-_._______....-.--._.w.-,
-*---...--....--.-.w--weu
7590 01 Guidance.
An NRC contract normally could be awarded to the ABC Corp. because no conf 1tet of interest exists which would motivate bias with respect to the work.
An sopropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for Work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the perfonnance of similar work for the' company developing the advanced reactor mentioned in the example.
(3)
Example.
As a result of operating problems in a certain type of commercial nuclear facility.- it is imperative that MRC secure specific data on verisus. operational aspects of that type, of plant'so as to
~
assurp adequate safety pt%tection of the public.
Only one manufacturer has extensive experience with that type.o'f plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time.
That company has a definite interest in any NRC decisions that might result from the data produced because those deci'sions affect the reactor's design and thus the company's costs. '
Suidance. This situation would place the manufacturer in a role i'.
which its judgment could be biased in relationship to its work for Nr.C.
Since the nature of the work required is vitally important ii. term of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver.shall be fully documented and coordinated in accordance with the waiver provisions ef this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4). Example.' The AL' Co. submits a proposa'l for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are insiertant to the NRC program. The ABC.Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companias in this business are using olde.r systems for evaluation of the specific reactor component.
Suidance. A contract could be awarded to the ABC Co. provided that the contract stipulates tnat no inferination produced under the contract will be used in the' contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractor will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work. it shall not be used in the contractor's private activities unless' such information is generally available to others.
Further the contract will stipulate that the contractor will infor1s the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
F 1590-01 i
e
.i 4
(5)
Example.
De ALC Corp.
in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and doing seismolog'ical) studies for several utilities in tha tastern Wited It0-1.5403(b)(1)(1 ABC Corp. informs the NRC that it is presently States but none of the sitas are within the geographic area contenplated by the NRC study.
Guidance.
De contracting officer weigid normally conclude that award of a contract would not place A8C Cory. in a conflicting role where its judgment might be biased.
De work for others clause of 120-1.54051(c.) would preclude ABC Corp. from accepting work during the tem of the NRC contrist which could create a conflict of interest.
(d)
Oth'er considerations.
(1) De fact that the NnC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a datamination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the c>ntractor has the professional reputation of being able to resist temptations which arise,from organizatier conflicts of interest, or that a follow-en procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
120-1.5404 Representation (a) De following procedures are designed to assist' the MAC tontractint l officer in determining whether situations or relationships exist -hich may constitute organizational conflicts.of interest with respect is a particular offerer or contractor.
(b)
Representation procedure.
De following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited propor. sis fort (1
Evaluation senicas or activities; (2) technical consulting and manageme)nt support service *1 c
(3) easearch; and (4) other contractual situations where special orgnitatic conflicts of interest-provision are noted in the solicitation and wculd o
be included in too resulting con; tract.
His reeresentation requirement shall also apply to all modifications for additional effort under the contract except those issued under ths " changes" clause.
Where,i.owever, 4: statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
4 0
6-
7590 01 ORGANIZATIONAt. CONFl!CT5 0F INTEREST REPRESENTATION
?
! represent to the best of my. knowledge and belief that:
. The award to of a contract or the modification of an involve situations or relationship!
axisting contract coes ( ) or ages not ( )(b)(1). \\
of the type set forth in 41 CFR 820-1.5403 (c).Instructionstoofferers.
The following shall be included in all MRC solicitations:
(1) If the representation as completed indicates that situations or relationships of t' type set forth in 41 CFR 120 1.5403(b)(1),are involved, or the.w tracting officer otharmise detemines that potential organisational conflicts exist, the offerer shall provide a statement in writing which describes in a concise manner all. relevant facts bearing *en his representation to the contracting officer.
If the contractino officer determines that organizational (1) Impose appropriate
' conflicts exist, the following actions may)be taken: disqualify the offerer, or conditions which avoid such conflictsIn(iithe best interest of the Unite
[
(iii) determine that it is otherwise States to seek award of the pontract under the waiver provisions of
}201.5411.
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(2) The refusal to provide the representation required by 120-1.5404(b) or upon request of the contracting officer the facts required by *1201.8404(c), shall' result in disqualification' of the offerer for The nondisclosure or si$ representation of any relevant interest
,,,4wa rd.
' may also resul's in the disevalification of the efferer for awards or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.
The offerer may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the 'resulting contract.
(d)
The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RTP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offerer will be considered by, the NRC in the evaluation of proposals.
If the MRC considers the proposed excluded work to be an essential or integral
=
, part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be rejected as unacceptable.
(t)
The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offerer will be permitted to correct the omission.
8 20 1.5405 Contract clauses 20-1.5405-1 General contract clause 7
(
i s
7590-01 4
All contracts of the types set forth in i 20'1.5404(b) shall include
[
the following clauses:
The primary (purpose of this clause is to aid in1) !s not (a)
Purpose.
ensuring that the contractors because of current or planned interest (financial, contractual, organization 1
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. -
(h)
Scope.
The restrictions described herein shall apoly to performance or participation by the contractor as defined in 41 CPR I 20-1.5402(f) in the actitities covered by this clause.
j l
(c)
)dork 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 L
any fire 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 who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the prevision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall: obtain the written approval of the contracting officer prior to execution of 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 820-1.5402(a).
(2)
The contractor agrees that if after award it discovers organizati conflicts of interest '..ith respect to this contract it shall make an issnediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat,e such conflicts.
The NRC shay, however, terminate the contract.or convenience if it deems such termination to be in the best interests of the government.
(a) Access to and use of inform tion.
(1)Ifthecontractorin 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 (Pu'o. t.93-579), or data which has not been released to the public, the cohteactor agrees not to: (1)Use such information for any(private purpose until the information has been released.to the public; ii) compete for work for the Comission based
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7590 01 l
l l
on such information for a period of six (6) months after other the comoletion of this contract er the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the.
government based on such information until one year af ter the release of such information to the public, or (iv) release the information without I
prior written approval by the contracting officer unless such inic mation has previously been released to the public by the NRC.*
(2)
In addition, the contractor agrees that to the extent it receives or 1.s given access to proprietary data, data protected by the Privacy Act of 1971. (Pub. L.93-579), or other confidential or givileged technical, business, or financial infomation under* this contract, the contractor shall treat such information in accordance with restrictions placed en use of' the information.
(3)
The contractor shall have..swbject to patent in: security provisions of this tor: tract, the. fight to use technical data it produces under this contract for private purposes provided that all 'equirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CTR 3 20-1.5402(h), the '
contractor shall inc1'ude this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer,'"shali be appropriatply modified to preserve the government's right (g)
Remediet or breach of any of the above proscriptions or for intentional nondi.
sure or misrepresentation of any relevant interest required to be disuosed concerning this contract or for auch erroneous representations as necessarily imply bad faith, the government may teminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by ' law or this contract.
(h)
Waiver.
A requht for waiver under this clause shall be directed in writing through the contract.ing officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in120-1.5411.
120-1.5405-2 Special contract provisions.
(a)
If it,is determined from the nature of the proposed contract that organizationa.1 conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a.
waiver in accordance with's 20-1.5411, neutralized through :h.e.use of an appropriate special contract provision.
If appropriate, the offeror may'-
negotiate the terms and conditions of these clauses, including' the extent and time period of any such restriction. These provisions include but are net limited to:
7590 01 -
(1)
HarJware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)
Software exclusion clauses; (3)
Clauses which require the contractor (and certaia of his key \\
personnel) to. Avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and gu,ard against its unauthorized use.
j section (1)he following additional contract
- clause may be included as (b)
T in the clause' set forth ins 20-1.5405-1 when it is determineo that award of a follow-on. contract would constitute an organizational conflict of interest.
(i)
Follow-bn effort.
(1) ine 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 1
l the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities j
under this contract on any of its products or services or the products or service., of another firm if' the contractor has been substantially involved in the development or marketing of su'ch products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete, statement of work er specifications, the contfactor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or se-vices in such statement of work or sp6cifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3)
Nothing in this paragraph.shall preclude 1he contractor from offering Jr selling its standard comercial items to the government.
\\
I.20-1.5406 Evaluation, findings, and contract award The contracting offic'er will evaluate all relevant facts submitted; 1
by.an offeror pursuant to the representation requirements of 120-1.5404(b) and other relevant information.. After evaluating this information agains't the critaria of J 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has oeen determined that conflicts of
~
interest 'xist, then tne contracting officer shall eitner:
e (a)
Disqualify, tne offeror from award, 10
l s
7590 01 i
4 l
(b)
Avoid or eliminate such cor\\flicts by' appropriate measures; or (c)
Award the contract under the waiver provision of I20-1.5411. '
s to,*1.tr407 Conf 1tets identified af ter award.
If potential organizational conflicts of interest are identified after award with respect to's particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it wo01d not be.in the best interests,of the government to terminate the con. tract as provided in the clauses required by
$20-1.5405, the contracting officer will take every reasonable actiert to avoid, eliminate, or, after obtaining a waiver in accordance with 120 1.5411, neutralize the effects of the identified conflict.
1 620-1.5408 (Reserved) l
$ 20-1.5409 (Reserved) 620-1.5410 Subcontracts The contracting officer shall recuire offerors and contractors to l
submit *a representation statement in accordance with i 20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require
'the contractor to include contract clauses in' accordance with : 20-1.5405 in consultant agreements'or subcontracts involving performance of work under a prime contract covered by this subsection.
i20-1.5411 Waiver In the first instance, detemination with respect to the need to seek a waiver for specific contract awards shall be made by the contrae. ting
~
officer with the advice and concurrence of the program office director and the Office of Executive L.egal Director.
Upon the recorrinendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he detemines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily perforined except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be empicyed by NRC to neutralize the conflict.
For any such waivers, the justification and approval occuments shall be placed in the Public Document Room.
--.,v.---
-_..,~--.m,--,-----.~"--g
i s
7590 01 5
520-1 #12 Remedies in addition to such other remedies as may be permitted by law or
' contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required'to be provided for this section, the NAC may debar the contractor from subsequent NRC contracts.
Dated at Washineten. C.C this 27th day of Ma'rth 1979.
For the Nuclear Regulatory Commission l
l D
CLLu
' Ok.
5amuel iJ. Chilt the Comission Secretary of.l l
L E
b t
s 9
e 4
e e
e
ATTACHMENT THREE MAILING LIST FOR NRC'S LOCAL PUBLIC DOCUMENT ROOMS l
m.
NOTE:
The remaining 7 sets of NUREG-0540 microfiche and I set of NUDOCS microfiche should be delivered to the NRC Project Officer.
l NOV - S 1990 m
F Mr. Oliv;r F. Swift White Plains Public Library 100 Martine Av;n;e White Plains, NY 10601 Ms. Deborah Trotter Morris Area Public Library District 604 Liberty Street Morris, IL 60450 Mrs. Margaret E. Hoviand Library / Learning Resource Center Greenfield Community College One College Drive Greenfield, MA 01301 1
Humboldt Room Librarian Humboldt County Library 636 F Street Eureka, CA 95501 Mr. Eric Granostaff l
North Central Michigan College l
1515 Howard Street Petoskey, MI 49770 Ms. Judy Horn University of Calliornia at Irvine Main Library P. O. Box 19557 Irvine, CA 92713 l
Ms. Marcella Kenney Russell _ Library l
123 Broad Street Middletown, CT 06457 Ms. R. Kansar Reference Department Ocean County Library 101 Washington Street Toms River, NJ 08753 Mr. Thomas Larson 1
Reference and Documents Department Penfield Library State University of New York Oswego, NY 13126 l
1
Ms. Eliz:b;th Coit Businses and Socici Sct;nca Division Rochester Public Library 115 South Avenue Rochester, NY 14604 I
Ms. Esther B. Gonzalez Urban and Regional Documents Collection Library Florida International University Tamissi Campus Missi, FL 33199 Mrs. Nancy 0111fillan Dixon Public Library 221 Hennepin Avenue Dixon, IL 61021 Dr. Carol Juth Van Wylen Library Hope College Holland, MI 49423 Ms. Sue Todd Athens Public Library South Street Athens, AL 35611 Ms. Liz Watford Nuclear Information Depository Hartsville Memorial Library 220 N. Fifth Street Hartsville, SC 29550 Ms. Betty E. Stennes Technology and Science Department Minneapolis Public Library 300-Nico11et Mall Minneapolic, MN 55401 Ms. Connie Kociai.
Joseph Mann Library 1516 16th Street Two Rivers, WI 54241 I
Ms. Sue Safarik Greeley Public Library City Complex Building 919 7th Street Greeley, CO 80631 l
2
Ms. Joyce Lu:k Oc: nee County Library 501 W. S:uth Broad Street Walhalla, SC 29691 Mr. Jerry Carbone Brooka Memorial Library 224 Main Street Brattleboro, VT 05301 Mr. Elizabeth C. Fogg Sales Free Public Library 112 West Broadway Salem, NJ 08079 Mr. Alan Zoe11ner Documents Department Sven Library College of William and Mary Williamsburg, VA 23185 Mr. Patrick R. Esser Business, Science and Technology Department W.
Dale Clark Library 215 S. 15th Street Omaha, NE 68102 Ms. Grace E. Karbott Plymouth Public Library 11 North Street Plymouth, MA 02360 Hs, Gail Dever Waukegan Public Library 128 N. County Street Waukegan, IL 60085 Ms. Donna Ellis Auburn Public Library 1118 15th Street P. O. Box 324 Auburn, NE 68305 i
Ms. Joyce Shiver Coastal Region Library 8619 W.
Crystal Street Crystal River, FL 32629 1
M3. Ann? K:subtski G3v:rnment D:cuments S:ction 4
e <
Library. Learning C:ntar
-University of Wisconsin 2420 Nicolet Drive Green Bey, WI 54301 Ms. Sue Cereste Wiseasset Public Library High Street P. O. Box 367 Wiscasset, ME 04578 Ms. Bess Chen Martin Luther King Regional Library 7340 24th St. Bypass Sacramento, CA -95822 Ms. Delores Pollard Tomlinson Library l
Arkansas Tech University l
Russellville, AR 72801 Hs. Bea Rodgers naud Preston Palenske Memorial Library 500 Market Street St. Joseph, MI 49085 Ms. Patricia Hofmann Ca.1 vert County Pubite Library Fourth Street P. O.
Box 405 Prince Frederick, MD 20678 Mrs. Wynell Bush a
Appling County Public Library 301. City Hall Drive Baxley,-GA -31513 Ms. Laura Given Shoreha,m-Wading River Public Library Route 25A Shoreham, NY '11786 Mrs. Arlene Hanerfeld William Madison Randall Library University of North Carolina at.Wilmington i-601 S. College Road Wilmington, NC 28/03-3297-4
Md. Patricia Maron;y Busin;s;, Sci nts cnd Tcchnology D3partment Chattanooga-Hamilton County Library 1901 Broad Street Chattanooga, TN 37402 Mr. Roger Rayborn Cedar Rapids Public Library 500 ist Street, S.E.
' Cedar Rapids, IA 52401 Ms. Mary Ann Paulin B. F. Jones Memorial Library 663 Franklin Avenue Aliquippa,-PA 15001 Ms. Jimmle Anne Nourse Charles S. Miley Learning Resources Center Indian River Community College 3209 Virginia Avenue Ft., Pierce, FL-34981-5599 Mr. Gregory A.
Johnson Manuscripts Department Alderman Library University of Virginia Charlottesville, VA 22901 Mr. Robert Lockerby Branford.'. Millar Library Portland State University-P. O. Box 1151 Portland, OR 97207 Mrs. Julia Baldwin Gcvernment Documents Collection William Carlson Library University of Toledo 2801' West Bancroft Avenue-Toledo,.0H-43606 Mrs. Bettye Forbus
~
Houston-Love Memorial Library 212 West Burdeshaw Street P.
O.' Box-1369 Duthen, AL 36302 Mr.-Scott Elmer Pottstown Public Library 500 High Street Pottstown, PA 19464 5
Ms. Eiic:n M. Dichrov P nnsv1110 Public Library 190 S. Broadway.
Pennsv111e, NJ 08070 Ms.-Evelyn Moyle Jacobs Memorial Library Illinois Valley Community College Rural Route 1 Oglesby, IL 61348' Mr. Kenneth E. Owen Louisiana Collection Earl K. Long Library.
University of New Orleans j
Lakefront Drive New Orleans, LA 70148 Ms. Sandra Schimmel-Reference Department Osterhout Free Library 71 South Franklin Street Wilkes-Barre, PA 18701 i
i Ms. Sarah D. McMaster Fairfield County Library Garden and Washington Streets Winnsboro, SC 29180 Ms. Katherine Foley
-Richland Public Library 955 Northgate Richland,.WA 99352 Ms. Janet Virnelson Cameron Village Regional Library 1930 Clark Avenue Raleigh, HC 27605 Ms. Noreen Fish Lacrosse Public Library 800 Main Street Lacrosse, WI 54601 Mrs. Mary-Mallaney York County Library.
138 East Black Street P. 0. Box 10032 Rock Hill, SC 29730 6
Ms. Elizab3th Rcd 3 rick Judge.G;org] W.
Art;trong Library P. O. Box 1406 S. Comaerce at Washington Natchez, MS 39120-Mrs. Gwen Jackson Burke County Library 412 4th Street Waynesboro, GA 30830 Mrs. Peggy McCutchen Scottsboro Public Library 1002 South Broad Street Scottsboro, AL' 35768 r
Ms. Ann Freed Perry Public Library 3753 Main Street Perry, OH 44081 Ms. Pam Gjettum Exeter Public Library Founders Park Exeter, NH 03833 Mrs. Penny A.
O'Rourke
' Byron Public Library District 109 N. Franklin
. P.O. Box 434 Byron, IL 61010 Ms. Sharon Ruda Government Documents Collection Wilmington Public Library 201 South Kankakee Street Wilmington, IL 60481 Ms. Eva= Kent Vespasian Warner Public Library 120 West Johnson Street Clinton, IL 61727 Ms. Hannette Martin Government Documents Division William Allan White Library Emporia State University 1200 Commercial Street Emporta, KS 66801 7
=
Ms. Jan Brown 1.
.. i NRC Desu::nts Collccticn W:chburn Univ:rcity Schon1 of Law Topeka, KS 66621' Ms. Evelyn H. Hillard Callaway County Public Library 710 Court Street Fulton, MO 65251 Mr. Bill Olbrich John M. Olin Library Washington University Skinker and Lindell Boulevards St. Louis, MO 63130 Ms. Patsy G. Norton Wharton County Junior College J. M. Hodges Learning Center 911 Boling Highway Wharton, TX 77488 Mrs. Lois McCleary W.
H. Abel Memorial Library 125 Main Street, South Montesano, WA 98563 Ms.. Ann Kunt2 man Sciences Phoenix Public Library 12 East McDowell Road Phoenix, AZ 85004 8
02.219-11 SPECIAL 8(c) CONTRACT CONDITIONS (FEB 1990)
Tho small Bucinoco Administration (SBA) agroco to tho
=
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-c11 or a part of the work hereunder, this contract may be torminated either in whole or in part without cost to eithar pcrty.
(c)
Except (or novation a dolegates to the.V.9 Ji........greements and advance payments,
........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 an (conditions of the subcontract; provided, however, that the.P.O.5?...........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 L
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 cne subcontractor by tha u 50 b5... -
...................1..
(e)
That the subcontractor awarded a subcontract hereunder ohn11 have the right of appeal from decisions of the contracting i
l officer cognizable under the " Disputes" clause of said subcontract.
C l
(f)
To notify the.-
.C)a ke......... contracting officer immediately upon notification by the subcontract that the owner or owners upon whom 8(a) eligibility was based pl.an to relinquish ownership or control of the concern.
(End of clause)
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