ML20126H707
| ML20126H707 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1980 |
| From: | Morton K NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | LEHIGH UNIV., BETHLEHEM, PA |
| References | |
| CON-NRC-04-81-183, CON-NRC-4-81-183 NUDOCS 8104200163 | |
| Download: ML20126H707 (80) | |
Text
' ,
.n .- %:)
.A a l
\ -
f ht %,*o, UNI TED STATES NUCLE AR REGULATORY COMMISSION
!5' *) . J /%E ' wasmo ros u c. zusz
( \)
s
"..../
July 15, 1980 Gentlemen:
Subject:
Request for Proposal fio. RS-RES-80-176 Entitled: "Non-Equilibrium Heat Transfer and Two-Phase Instrumentation" The U. S. Nuclear Regulatory Conrnission (HRC) is soliciting proposals for the project entitled above. The full scope of work anticipated is as set forth in that part of the Request for Proposal entitled, "C0flTRACT SCHEDULE - STATEf1EtlT OF WORK."
It is our intention by this solicitation to secure the best qualified organiza-tion available to perform this project, cost and other factors considered.
If you desire to respond, your proposal should address the proposal content requirements set forth in the body of the solicitation. All proposals will be evaluated against the evaluation criteria shown in Part II. For your convenience, an "RFP Summary" has been provided as Enclosure A. Instructions for completing and submitting your proposal are provided in Enclosure B.
Should you determine that you do not wish to submit an offer, a "NO-OFFER RESP 0flSE FORM" is provided as Enclosure C.
The solicitation package is included as Enclosure D.
If you have any questions concerning the requirements of this solicitation, please contact be accepted), Mr. Alonzo Jacobs at (301) 427-4365 (collect calls will not Sincere 1y, 1
-m
'~
'[ O Kellogg V. l1orton, Chief f4' Research Contracts Branch Division of Contracts Office of Administration
Enclosures:
A. RFP Sunrnary B. Proposal Submission Instructions C. fl0-0FFER RESPONSE FORM D. Solicitation Package (Standaro i
Form 33 with Attachments) 810a20o\&
e
(
- s -c-RFP
SUMMARY
l The following summary provides a general description of this requirement.
Further detailed information is furnished in the applicable sections of the RFP.
RFP NO.: RS- RES-80-176' RFP TITLE: " Hon-Equilibrium Heat Transfer and Two-Phase Instrumentation" BRIEF STATEMErlT OF WORK: The contractor will perform a study to experimentally and analytical investigato non-equilibrium effects in post-chf heat transfer, including advancement of the state-of-the-art for measurement of non-equilibrium two-phase flow'. parameters. The projec't will include direct measurement of non-equilibrium conditions under controlled flow conditions, improvement in the modeling of filni boiling and refinement of non-equilibrium two-phase flow measurement techniques.
RFP RESTRICTIONS:
O Unrestricted LG Mandatory Small Business and Small Disadvantaged Business Subcontracting Mandatory utilization of Woman Owned Business .5ubcontractino lL/ Provisions '
'7 Total Small Business - Labor Surplus drea Set-Aside Total Small Business Set-Aside
/ Partial Small Business Set-Aside ISSHE DATE_:
_ July 15,1980 CLOSIrlG IATE/ TIME: August 29,1980, 2:00 PM ESTIMATE 0 LEVEL OF EFFORT: 8-10 man years PERIOD OF PERFORMAtlCE: 36 months PROPOSAL ACCEPTAllCE PERIOD: 90 days AllTICIPATED AWARD DATE: October,1980 TYPE OF CONTRACT AllTICIPATED_: Cost Plus Fixed Fee SECURITY REQUI.'iEMENTS: None PRE-PROPOSAL C0flFE9ErlCE: None TELEGRAPHIC. RESP 0flSES ARE NOT AUTHORIZED.
i EllCLOSURE A A.
i p ;*- > .o-PROPOSAL SUBMISSION INSTRUCTIONS .
c
^The following instructions are provided as a summary guide to assist the offeror in the submission of a proposal but they 'do not supersede those instructions contained in the solicitation package. The instructions contained throughout the " solicitation package" (Enclosure D to the cover letter) shall govern in all instances where a contradiction exists.
DOCUMENTS REQUIRED IN PROPOSAL
-- One Form(33 with ' attachments.1) original signed copies of the solicitation package, i.e., Standa
-- One (1). original and five (5) copies each of the Technical and Cost Proposals.
0FFER0R." FILL-INS" "
-- Offeror must complete Block Nos. 16,17,18, lo, and 20 of the SF-33 alorig with completion of all representations and certifications contained on pages 2 through 13 of the solicitation package.
-- Part IV. " Proposal Summary and Data Sheet" is to be completed by offeror.
-- It is requested that the " Optional Form 60" provided in Part IV be used in submission of the Cost Proposal.
NOTE: The offer must set forth full, accurate, and complete information as required by this solicitation (including . ichments). The penalty for making false statements is prescribed ,n 18 U.S.C.1001.
TRANSMITTING OFFER 0R'S PROPOSAL 1
-- All offers should be addressed as indicated in Block 7 of the Standard form 33.
-- The envelope used in submitting your proposal must be plainly marked with the solicitation number, the time, and date set forth in the solicitation document (Block 9 of the Standard Form 33) and the following notation: " Mail Room -
Do Not Open."
-- Hand-carried solicitations - Hand-carried offers should be addressed as indi-cated in Block 7 of the Standard Form 33 and delivered to:
U. S. Nuclear Regulatory Commission Division of Contracts Research Contracts Branch Room 304 7915 Eastern Avenue Silver Spring, MD 20910 DO NOT HAND DELIVER -~~
TO BUILDING SECURITY GUARDS. PHONE X-74365 AT
~~
TRE GUARD DESK.
Telegraphic proposals are not authorized, and if submitted, such proposals shall be rejected.
ENCLOSURE B
.g i
1 i
i NO-OFFER RESPONSE FORM RFP NO.: RS-RES-80-176 TITLE: "Non-Equilibrium, Heat Transfer and Two-Phase Instrumentation" ,
Please review the enclosed RFP. If you do not desire to submit a proposal, complete the section below, fold this sheet as indicated on the reverse, staple, affix postage, and mail back to the NRC.
i Gentlemen:
Please be advised that we do not desire to submit a proposal for the above RFP.
We / / desire / / do not desire to be retained on the NRC Contractor Bidders MaiTTng List.
/~~7 We desire to be placed on the NRC Contractor Bidders Mailing List.
Name of Organization:
Authorized Signature:
Typed Name and
Title:
Date:
ENCLOSURE C ,
- 7 7
y ;4 l' Y t Q _
nbT m < , ITABLE'0FCONTENTS' :!
RFP N00 RS- RES-80-176 cp .
3
., PART.I ; GENERAL INSTRUCTIONS ,
Page! ;
e ;
Stan'dard Form 33,i" Solicitation. 0ffer, and Aw6rd";: . 1 :
T " Representations, Certifications, and Acknowledgments" ]
-t J,1 , < Changes and/or Additions.to SF 33 and " Representations, 4 i 4 , ,
Certifications,'an.d Acknowledgments" Form l
'[~ ;
.l PART,II'- SOLICITATION INSTRUCTIONS AND CONDITIONS l ia . .,
Standard ~ Form '33A, " Solicitation Instructions' and g-j Conditions"' ;
, Changes'and/orl Additi,ons to SF-33A -
11-4 ;
-- Proposal Presentati_on and Format
-- Business / Technical Proposal Instructions !
t -- Evaluation of Proposals. !
FART III:- CONTRACT SCHEDULE
, i Article ~ I - Statement'of Work 21 Article II . Period of' Performance 46 r Article III - Consideration and Payment '
46
- Article IV__ - Overhead / General and Administrative Rates 46
~, : Article V- - Private Use and Protection of Unclassified 47 i 7 .. Government Information' !
. Article VI -: Key Personnel 47 l t ~
Article VII. - Technical-Direction and Authorized Representative 47 l Article .VIII - Travel Reimbursement 48 ,
Article IX - Small Business and Small Disadvantaged Business 49 :
Subcontracting Plan i Article X' ' - Incentive Subcontracting Program for Small and 51 y Small Disadvantaged Businesses
- Article XI - Women-Owned Business Concerns-Subcontracting Program 52 ,
' Article XII - Conflict of Interest 53 Article XIII- General Provisions / Alterations 55
.x PART IV'-' ATTACHMENTS f
~ NRC Contractor Organizational Conflicts of Interest Attachment 1 (41 CFR Part 20)
NRC Organization Chart Attachment 2 Optional. Form 60 Attachment 3
, Proposal' Summary and Data Sheet Attachment 4 l
- General Provisions Attachment 5
- NRC Manual Chapter 13202 Attachment 6
- Please: note.that in order to reduce printing costs, only one copy of this document is
! included with this solicitation. Please retain it for your files since any contract J
' awarded'as a result of this solicitation will also contain this document by reference. ;
, r j r .
ENCLOSURE D j
P00R 9RIGINAL SOLICITATION, OFFER AND AWARD
- nA *"riNo 1 I '6 t gostTAAcy (prest met Aeont.) Aso. & SOL TAT 6 DAf t ab3utO 6 Atou.Sif son /PuMCHASE REQuthf NO S- 176 7/15/80 i O aoven==o era O =aanafto-> l
, ,uuso ., e , .
cm i . Aoo,,L o , t . ,o ,,, ,,, r ,
U. S. Nuclear Regulatory ComiSSion Division of Contracts l Washington 0.C. 20555 m eowers,see svoeure, ment 'orrer-ene orserar
- nnen in coneuruen to oneen s.e var o.aoer SOLICITATSON
- 9. Seeled offers en One ( 1) ori qi na } C0pyfor furnishing the supphes or services in the schedule mn be received at the piece speedied in w n a, or er a,nde rr,,d. ,n ta, d,po., torr iocmd ,n rebm 304, 7915 Eastern Avenue unt,i 2 00 PM iocs t,,,,e Auo. 29J80' Silver Sprins, MD 20910 mou,, mares if this es an advertised sol 6cHalton, offers wdl be pubhcly opened at that time.
CAUTION ~ L A TE OrrEItS: See pers. 7 and 8 of Solocatatoon lastructions and Condstions. (TeiegraphiC response 5 are not An o##ers are sab i ni to the fonow,ng; authorized)
- 1. The $ chest 2 tion instructions and Conditions, SF 33.A. Januarv 1973 3. The s,.heduie mciudad ne,e,n andfo, aitached he,eto.
odstion which is attached or incorporated hereen by ref erence. 4. Such other penwessons, representations, certsf acahons, and specific 4itions
- 2. The General Provessons, SF 32,r-- edHoon, which es as are attachat or mcorporated herein by reference, alsached or encorporated herein by reference. , (Attacarnents are issted ett scaedule.)
ron arowe riou cau m.me s tesepam no.i mo conect eem, Mr. Alonzo Jacobs (301) 427-4365 SCHEDULE _
io irtu No is suPPutsstavices *2 ouANTITY u'Nir i4 UNet Posce is AuouNT SEE PART III 0F THIS SOLICITATION PACVAGE See cornerwenon et schenuse on onee a 09FER toeges 2 and 3 must elao De fully completed Dy offeror)
In Compliance wath the above, the undersagned agrees,if thes of for to act epted within calendar days (NUhetenaar days unless a ds/forent pened a
,ns,rred oy tne enerori erom ine d.ie for ,=e p oe one,s sona.ed above, io furn,sn any or an .iems upon .n cn n,. css ue o,f e,ed si in. pr co s. oppos io .xh n-n, deh red .i ine dos;,nmd poinim, nnhin ,he i.me inecified in ihe sce.edui..
is omCouNT eon PnoMe ; mtNT .see per e 38 JJ AI
% 50 CALENDAA OAvt % 20 CALLNOAA OAYS % 30 CALINDAR DAv$. % CALENDAR CAv$
i8 NAMs ANO TsTLE OF PERSON AUTHORittQ 70 56cN OFFER
- 17. OFFEROR Coot k ' l 'ACl&#rr CODE l I Tyoe or pronts NAMEAA,0 ADORESS sStreet cres.
counts stem one ff 8Coael to SsGNAf unt 20 UPetaOAft A tA Coot ANolettPacNa No >
- See beloW Q Coue ,o rem,orme eaa en .n e,rvem room eco.e - eme euen earmee a sceeev oe AWARD L To Os completed by Government) at ACCEPrt0 At To lf tsst NUMetPto 22 AMOUNT 23 ACCOUNTING AND APPRQPMtAfloN DAT A
\
as *0 u s C 230s.ee e i 24 susMit iNvoicts #4 soo es wmess onaere,se soec,s.se, o,o AT,t,o to acentet sMOWN IN 8LOCs y el U S C 252ici' 10 i 27 PAvgENT WsLL 8t MAOt 8v as .,,.,e, aoMiNis,itat,D ev r, Coot l COOd l o., e ose
~
- 29. UNITED STATES OF AMERICA m a*AR0 0 ATE 14 Naut of CONinACYPeo o*Facta er,pe os ermes SY ISognature of contracting altscer)
, ~ Anere om ne maae on mco term or on Sosneere 9erm 20 ar av orner ortos.ao eterren norese Standard Form 33 Page 1 (REV 3 77) 33.Q1 i PR1hCIPALPLACEOFPERFORMANCE: *'"**'""'"""'
RFP RS-RES-80-176 Page 2 of 55 REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGMENTS RFPRESENTATIONS IChec.x or complete allaut>ticabic 00,nes or Diocks.1 Trse offe or rerresents as part of his offer that L SMALL BUSINESS (See par.14 on SF 23 A )
He C is. C is not, a small business concern. If of feror ,5 a small business concern and is not the manuf acturer of the supplies of f ered, he also represents that Nf supplies to be furnished hereunder C will, C will not, be manuf acturer6d or produced by a small business concern in the United Stater, .s possessions, or Puerto Rico, 2i MINORITY BUSINESS ENTERPRISE l He C is C is not, a minority business enterprise. A minority business enterprise is defined as a " business, at least 50 percent of which is owned by minority group members or,in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority l group members.' For the purpose of this definition, menority group members are Negroes, Spanish speaking American persons, l Amstican Orientals, American-indians, American Eskimos, and American A!euts.
He is a C regular dealer in O manufacturer of, tne supplies offered.
4, CONTINGENT FEE (See par.15 on SF 33.A.)
la) He C has. C has not, employed or retained any company or persons (other than a fu// time Dona /n/e employee working solely for the o//eror/ to solicit or secure this contract, and (b) he C has O has not, paid or agreed to pay any company or person tother than a full-time cons /ide emp/ovec working solely for the o//erorl any fee, commission, percentage, or brokerage f ee contingent upon or resulting from thf avsard of this contract; and agrees to f urnish information relating to (a) and (b) above, as requested by the Contracting Of ficer. //nterpre-tation of the representation. rncluding the term " bona tide employee,"see Code of Federal Regulations. Title 41 Su0part 1 1,SJ
- 5. TYPE OF BUSINESS ORGANIZATION He operates as C an individual, C a partnership, C a nonprofit organization, C : torporation, incorporated under the laws of the State of ,
- 6. AFFILI ATION AND IDENTIFYING DATA (ApplicaD/e on/v to advertised solic,tations.)
Ea:n of feror shall complete (a) and (b) if apolicable, and (c) below:
~
(al He is, Z is not, owned or controlled by a parent company. (See par.16 on SF 33 4 (bl li the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of the parent company:
Naut os pa4 ENS ;c.up a N v ANo M A.h J88 ct acostiss me...u M won .
- . EMW th h ct N risicat iuN Nuuet%gg eas rr,on sa a; 4, osarmon 3 g , Nu s.amgNrco pas,sg; Ny
- 7. EQU AL OPPORTUNITY lol He C has. O has not, participated in a previous contract or subcontract suoject either to the Equal Opportunity clause nerein or the ause originally contained in section 301 of Executive Order No 10925, oi the clause cositained in Section 201 n' Executive Order Nu 11114. that he C has. O has not, filed all required comphance reports, and that iapresentations indicating submission of renuired compliance reports. sqned by proposed subcontractors, will be cbtained prior to sub:ontract awards (The aoove representation need not be submitted in connection with contracts or subcontracts which are exempt from the eoual opportunity clause.)
(bl The bidder (or offeror) represents that (1) he C has developed and has on file, C has not developeri and (10e5 not have on ble, at eacn establesnment attermative action programs as required by tne rules and regulations of the Secretary of Labor (41 CFR 601 and 60 25 or 121 he C h&$ not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretarv of Labor (Tne soove representation shall be completed by each bidder for of teror) wnose brd tottert is $50.000 or more and who nas 50 nr mnre emptovers )
CERTlFtCATIONS tCheck or cornorere ato anoncat>io r>o wes or niocksi t BUY AMERICAN CERTiclCATE The offeror certifies as part of his offer,that: each end product, except the end products listed beloW. is a domestic end product 'as dehned
+ the clause entitled " Buy American Act"). and that components of unknown origin have been considered to have been mined, prcduceo, or manuf actured outside tne dni1led States.
IacWCictNc N oVC's CouN4v of 05hGiN
't j ) ,
), {
' Siancard Form 33 Page 2 (RE V. 3 77)
' ~
- sm P00R ORIGINAL
. \,
2 CLEAN AIR AND WATER (Acplicable if the bad or offer exceeds S100,000,or the contracting othcer has determined that orders under an ondefinite quantity contract in any year well exched $100.000, or a facihty to be used has been the subiect of a connction under the Clean Aar Act M2 U S.C.1857c 8/cIl1))or the F.vderal Water Pollution Control Act (33 U S.C.1319fc)) and r< listed by EPA, or is not otherwise exempt.)
The bidder or of feror certifies as follows:
(as Any facility to be util 2ed in the performance of this proposed contract C has. C has not, been listed on the Environmental Protection Agency List of Violating Facilities.
(b) He will promptly notify the contracting of ficer, prior to award,of the receipt of any communication from the Director, Office of Federal Activities, Environmental Protecuon Agency, indicating that any facility wnich he proposes to use for the performance of the contract u under consideration to be hsted on the EPA list of Vblating Facilities.
(c) He will include substantially this certification, including this puagraph (c), in every nonexempt subcontract.
- 3. CE RTIFICATION OF INDEPENDENT PRICE DETERMIN ATION /See par.18 on SF JJ 4) fa) By submission of this offer, the offeror certifies and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:
(1) The prices m this offer have been arrived at indepenoently, without consultation, communication, or agreement, for the ourpose of restr$ ting competition, as to any matter relating to such prices with any other of fef or or with any competitor.
(2) Unless otherwise required oy law, the prices which havr- baen Quoted in this offer have not been knowingly disclosed by the offerci and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, direr-!y or indirectly to any other offeror or tu any competitor; and (31 No a,ttempt has been made or will be made by the offeror to induce any other person or firm to suomit or not to submit an ot!er for that purpose of restrictmg competition.
(b) Each person signing this offer certifies that:
(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being of fered herein and that he hn not participated, and will not participate, in any action contrary to (ahl) through (a)(3), above, or (2) (i) He is not the person in the offeror's organization responsible within that organization for the decision as to the prices ceing offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that auch persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereoy so certi+y; and (ii) he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.
- 4. CERTIFICATION OF NONSEGREGATED FACIUTlES (Apphcable to (1) contracts. (2) subcontracts, and (3) agreements with appiocants who are themselves performing federally assisted construction contracts, exceeding slo,000 which are not exempt from the provisions of the Equal Opportunoty clause.)
By the sv% mission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any tocation ,inder his control, where segregated f acilities are maintained He certifies further that he will not maintain or provide for his employ-ees any segregated f acilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where ses Nated facahties are maintained. The bidder, offeror, apphcant, or subcontractor agrees that a breach of this cer-Ufication is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term " segregated facilities" means any naiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in f act segregated on the basis of raceccolor, religion or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtam identical certifications from proposed subcontractors prior to the award of subcontracts exceeding S10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods):
Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities.
A Certification of Nonsegregated Facihties must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each suecontract or for all subcontracts during a period (i.e., Quarterly, semiannually, or annually). NOTE: The penalty for making fo/se offers es prescribed in is u.S. c. 1001.
Continued on Page 4 AMENoMENT No caTE AMENougNT No Oa's ACKNOWLEDGMENT OF AMENDMENTS The offeror ocknowiedges receipt of amend-monts to the Soncitason for offere e6st,ed documents numbered and dated, NO TE: Otters must at forth tvil,4 accurate and complete ontormation as required by this Sohcreation (mclucing attachmentst The penalty ,
for maning falso statemen'ts in offers as prescribed m 18 U S.C.1001.
, Standard Form JJ Page J JiLV FT
RFP RS-RES-80-176 Page 4 of 55
, 'PART I -
. Representations, Certifications,.and Acknowledgments - Continued SF-33 (Page 3) 5.- WOMAN-0WNED BUSINESS
' Concern is G is not- G a' woman-owned business. The business _.i_s publicly i owned :a joint stock' association, or a business trust 6 yes L,j no. The j business 'is 6 certified 6 not certified.
A woman-owned business is a business which.is, at least, 51 percent owned, !
controlled, and operated by a woman or women.- Controlled is defined as i e.xercising the power to make policy decisions. Operated is defined as' ,
actively involved in the day-to-day management. '
For the purposes of this definition, businesses which are publicly owned, I joint stock associations, and business trusts are exempted. _ Exempted businesses may voluntarily represent that they are, or are not, woman- 1 owned if this information is available.
- 6. PERCENT OF FOREIGN CONTENT !
The offeror / contractor will represent (as an' estimate), immediately after [
the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
- 7. NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
i 6 la) In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discntrge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, and i G (b) That contractors and subcontractors, or persons acting on their behalf, .shall.not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
- 8. CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
- i. - The offeror / contractor certifies that recovered materials will be used p as required by specifications referenced in the solicitation / contract. J I
, 1 l ,
l y, , % f,m l
i
RFP RS-RES-80-176 1 Page 5 of 55 9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to of a co act or the modification of an existing contract does /_,_/ or does not / involve situations or +elationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1.
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer. If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of B 20-1.5411.
The refusal to provide the representation required by 820-1.5404(b) or upon request of the Contracting Officer the facts required by s20-1.5404(c),
shall result in disqualification of the offeror for award. The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or ;
misrepresentation be terminated. is discovered after award, the resulting contract may The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or '~ resulting contract.
The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the pro-posed 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 offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with 1 l
respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
i Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-l.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of I Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
L .
d
RFP RS-RES-80-176 Page 6 of 55
- 10. COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding
$100,000 except when: see Federal Procurement Regulation, Temporary Regula-tion 44 effective thru March 31,1981).
It has been determined by the Contracting Officer or his duly authorized representative that this requirement is not in support of the national defense pursuant to 4 CFR 331,20(b).
A. COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below.
Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
/_7 The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (1) during his cost accounting period immediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during that cost accounting; period. The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer immediately.
CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposai is expected to result in the award of a contract of $10 million or more or. if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more.
B. COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from this solici-tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR 81 -3.1204-2 (a )
and Administration of Cost Accounting Standards (FPR 31-3.1204-1(b)) ) if it is awarded to a contractor's business unit that is performing a national defense contract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR 51-3.1203-2(a) and (c)(4)).
Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting Practices - Nondefense Contract (FPR 61-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR 81-3.1204-1(b)) if the award is (i) the first negotiated contract over $500,000 in the event the award is a contractor's national defensebusiness unit that contract or nondefense is not performing underorany(CAS-cove or subcontract, ii) a negoti-ated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS-covered national defense or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR 51-3.1203-2(a) and (c)(4)). This solicitation notice is not applicable to small business concerns.
f:1 .A ;
j .RFP RS-RESJ 80-176 I Page 7 of 55 '
! Certificate of CAS Applicability '
The offeror hereby certifies that:
A .' C It 'is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and it is currently required to accept that clause .in any new negotiated national defense contracts it receives ,
that are subject to cost accounting standards. ;
- 8. 6 It .is currently performing a negotiated national defense or ;
nondefense contract or subcontract that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it .is not required to accept the 4 CFR-331 clause in new negotiated national ' defense contracts or subcontracts which ,
it receives that are subject to cost accounting standards. ;
C. H It is not performing any CAS-covered national defense or nondefense contract or subcontract. The offeror further. certifies '
that it will immediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any cost accounting standards clause subsequent to the date of this certificate but ;
prior to the date of the award of a contract resulting from this solicitation. ,
i D. 6 It is an educational institution receiving contract awards subject to FPR Subpart 1-51.3 (FMC 73-8, OMB-Circular A-21). j E. 6 It is a State or local government receiving contract awards subject to FPR Subpart 1-15.7 (FMC 74-4, OMB Circular A-87).
F. C It is a hospital. '
NOTE: Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR 51-3.1200 2(c)
(4)(iv)).
Additional Certification - CAS Applicable Offerors G. 6 The offeror, subject to cost accounting standards but not ,
certifying under D, E, or F above, further certifies that practices
' used in estimating costs in pricing this proposal are' consistent with the practices discussed in the Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351). -
l i
b
)
?
1 RFP RS-RES-80-176 i Page 8'of 55 Data Required - CAS Covered 0fferors The offeror certifying under A or B above but not under D, E, or F,above,1s . required to furnish the name, address (including agency or department component); and telephone number of the cognizant Contracting Officer administering.the offeror's CAS-covered contracts. If A above is checked, the offeror will also identify those currently effective cost accounting standards, if any, which upon' award of the next negotiated national defense contract or subcontract, will become effective upon the o f feror.
Name of C0: ~~
Address:
Telephone No.:
Standards not yet applicable:
1 l
l 4 i,
t e PART II RFP RS-RES-80-176 Page 9 of 55 SOLICITATION INSTRUCTIONS AND CONDITIONS
- 1. DEFINITIONS. 7. LATE SIDS, MODIFICATIONS OF BIDS, OR WITHDRAWAL OF An used herein: EUI' (a) The term " solicitation" means Invitation for Bids (IFB) where (a) Any bid received at the othce designated in the solicitation after the procurement is advertised, and Request for Proposal (RFP) where the exact time speci6ed for receipt will not be considered unless it is the procurement is negotiated. received before award is made and either:
(b). The term "oder" means bid where the procurement is adver. (1) It was sent by resnstered or certifiest mail not later than the tised, and proposal where the procurement is neuntiated. 6fth calendar day prior to the date speci6y J for the , receipt of bids (c) For pur (e.g., a bid submitted in response to a schettation requinns receipt of 33, the term advertised"
' poses ofincludes this sohcitation andRestricted Small Dusineu Block 2 of Standardbids Adver. Form by the 20th of the month must have been mailed by the 15th or tmng and other types of restricted advertising. earlier) ; or (2) It was sent by mail (or telegram af authorized) and it is
- 2. PREPARATION OF OFFERS, determined by the Government that the late receipt was due solely to (a) Offerors are expected to examine the drawings, specincations, rainhandling by the Government after receipt at the Government Schedule, and all instructions. Fr.ilure to do so will be at offeror's installation-risk. (b) Any modifation or withdrawal of a bid a.s subject to the same (b) Each offeror shall furnish the information required by the conditions as in (a), above. A bid may also be withdrawn in person solicitation. The offeror shall sign the solicitation and print or type by a bidder or his authorized representative, provided his identity u his name on the Schedule and each Continuation Sheet thereof on made known and he signs a receipt for the bid, but only if the with.
which he makes an entry. Erasures or other changes must be initiated drawal as made canor to the exact time set for receipt of bids.
by the person signing the ofler. Offers signed by an prent are to be (c) The only acceptable evidence to establish; ucompanied by evidence of his authority unless suci evidence has (1) Ths date of mashng e.f a late bid, modi 6 cation. or withdrawal been prrviously furnished to the issuing ofice. sent either by registered or certified mail is the U.S. Postal Service (c) Unit price for each unit offered shall be shown and such price postmark on both the envelope or wrapper and on the original receipt shall include parking unleu otherwise specified. A total shall be entered from the U.S. Postal Scruce. If neither postmark shows a legible date, in the Amount column of the Schedule for each item o&ered. In ca.c the bid, modi 6 cation, or withdrawal shall be deemed to have been of dncrepancy between a unit price and extended price, the unit price mailed late. ,(The term " postmark" rocans a pnnted, stamped, or other.
will be presumed to be correct, subject, however, to correction to the wise placed impresson (exclusive of a postage meter machine impres-same extent and in the same manner as any other mistake, sion) that is readily identifiable withou further action as having been (d) ORers for suppli+s or services other than those specined will not supplied and affixed on the date of maniing by employees of the U.S.
be considered unless authorized by the solicitation. Postal Service. Derefore, oderors should request the postal clerk to (e) Offeror must state a dennite time for delivery of supplies or Pl ace a hand cancellaucn bul!% eye " postmark" on both the receipt for rformance of services unless otherwise specified in the solicitation, and the envelope or wrapper.)
(2) The i,me of receipt at the Government installation is the
( Time, if stated as a number of days, will include Saturdays, Sun ays and holidays, time-date stamp of such installation on the bid wrapper or other (g) Code boxes are for Government use only. documentary evidence of receipt maintained b, ae installation.
(d) Notwithstanding (a) and (b) of this provision, a late modifi.
3 EXPLANATION TO OFFERORS. Any explanation desired by an cation of an otherwise succeuful bid which makes its terms more uneror regarding the meaning er interpretauon of the solicitation, favorable to'the Government will be considered at any time it is re-drawings, specihcations, etc., must be requested in writing and with ceived and may ba accepted.
sufficient time allowed for a reply to reach oRerors before the sub- Note: The term " telegram" includ s mailarams.
mission'of their oners. Oral explanations or instructions given before the award of the contract will not be binding. Any information given 8, LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND to a prospective olleror concerning a solicitation will be furnished to WITHDRAWALS OF PROPOSALS.
all prospective oHerors as an amendment of the solicitation, if such (a) Any proposal received at the of5ce designated in the solicita-information is necessary to o#crors in submitting oRers on the solicita- tion after the exact time specined for receipt will not be considered tion or if the lack of such information would be prejudicial to un- unless it is received before award is made, and:
informed oRerors. (1) It was sent by registered or certined mail not later than the
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS. o r su m tt nr se to a sol c.itauon ring recei el Receipt of an amendment to a solicitation by an oReror must be acknowledged (a) by signing and returning the amendment (b) on offers ;by the 20th of he month mus hav@e been mailed by earlier) page three of Stano.rd Form 33, or (c) by letter or telegram. Such (2) It a sen mail (or rln if authorized) and it is acknowledgment must be received prior to the hour and date speci6ed determined by th rnment tha late receipt was due solely for receipt of oders. to mishandling e Governme r receipt at the Government
- 5. SUBMISSION OF OFFERS.
(a) Offers and modifications thereof shall be enclosed in sealed (b()
I)An 3fheonlyp cation pos r eived.
a pose \ except a modi 6 cation resulting envelopes and addressed to the of5cc specined in the solicitation. The fro eting
- uest for "best and final" oder, is sub-06eror shall show the hour and date specined in the solicitation for je th e i n receipt, the solicitation r_ umber, and the name and addren of the m (a)(1) and (a)(2) of this provision.
(c) inca ' ng from the Contracting Of5cer a request oderor on the face of the envelope. for "bes nd Enal" ceived after th0tu' ne and date specised in (b) Telegraphic offers will not be considered unless authorized by the req t will not considered unl Defeived before award and the solicitation; however, offers may be modined or withdrawn by the late receipt is due solely to mish by the Government after written or telegraphic notice, provided such notice is received prior to receipt at the Government installati 4 the hour and date speciAed for receipt. (However, see paragraphs 7 (d) De only eptable e ' n establish:
and 8.) (1) The d f maili e proposal or modincation sent (c) Samples of items, when required, must be submitted within the either b eg' e or cer as the U.S. Postal Service post.
time speclhed, and unicas otherwise specined by the Government, at mark on th envelope wra r and on the original receipt from no expense to the Governrnent. If not destroyed by testing, samples the U.S. $}sl Service. If postmark shows a legible date, the will be returned at oNeror's request and empense, unless otherwise proposal or diodification shall be deemed to have been mailed late.
speciSed by the solicitation. (, The term " postmark" means a printed, starrped, or otherwise, placed
- 6. FAILURE TO SUBMIT OFFER. If no offer is to be submitted, do
. . tmpression (exclus*ve of a postage meter machine impression) that is not return the sohcitation unless otherwise specified. A letter or post. readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service.
card shall be sent to the issuing office,advismg whether future sohc. Therefore, oNerors should request the postal clerk to place a hand itations,for the type of supphes or services covered by this solicitation cancellation bul!4 eye " postmark" on both the receipt and the envelope are desired. Failure of the recipient to oHer, or to notify the issuing er wrapper.)
othee that future solicitations are desired, may result in removal of (2) ne time of receipt at the Government installation is the the name of such recipient from the mathng list for the type of supplies time-date ntamp of such installation on the proposal wrapper or other or services covered by the solicitatson.
documentary evidence of receipt maintained by the installation.
33 syAmoaan renas aka msv. -7s>
r=crw by GsA. Frit 44t crit) t-is. tot
RFP RS-RES-80-176 Page 10 of 55 (e) Notwithuanding (a), (b)' , and (c), of this provision, s' late 35-45), tha Contract Wnrk llours Standards Act (40 U.S.C. 327-130), '
rnodi6 cation of an otherwise successful proposal which makes its terms and the Service Contract Act of 1965 (41 U.S C 351-337) may be more favorable to the Government will be considered at any time it is obtained from the Department i,f Labor. Washington, D.C. '/0.'10 or received and may be accepted, from any regional office nf that agenry.1%ucits for mtormation should (f) Proposals may be withdrawn by written or telegraphic riotice include the miicitation number, the n.ime amt addren of the inuimi received at any time prior to award. Proposals may be withdrawn h . wenty, and a description of the supplin ..r sermes person by an offeror or his authorized reprrientative, provided his.
. identity h made known and he signs a receipt for the proposal prior 13. SELLER'S INVOICES. Invoices shall be prepared and submitted
- to award, in, quadruplicate (one copy shall be marked " original") unless other-Note : The term " telegram" includes mailgrams. wise specined Invoices shall contain the following information: Con-
- Note The alternate (ste proposals, modi 6 cations of proposals and tract and order number (if any), item numbers, description of supplies withdrawals of proposals provisaon prescribed by 41 CFR l-3.802-2(b) or services. sizes, quantities, unit prices, and extended totals. Bill of sh.ll be saed in beu of provision 8,if specified by the contract. lading number and weight of shipment will be shown for shipments made n Government bills of lading.
- 9. DISCOUNTS.
(m) Netwithstanding the fact that a blank is provided for a ten (10)
- 14. SMALI. BUSINESS CON ( ERN. A small businen concern for the d y discount, prompt payment discounts o#ered for payment within purpose of Government procurement is a concern, including its aKili-less than twenty (20 calendar days will not be considered in evalu- ates, which is independently owned and operated, is not dominant in eting offers for awar)dJ unless otherwise speci6ed in the solicitation.' the 641d of operatson in which it is submitting offers on Government flowever. offered discounts of less than 20 days will be taken if pay- contracts, and can further qualify under the criteria concerning num-ment is made within the discount period, even though not considered . ber of employees, average annual receipts, or other criteria, as pre- '
in the evaluation of offers, scribed by the Small Business Administration. (See Code of Federal (b) In connection with any discount offered, time will be computed Regulations. Title 13, Part 121, as amended, whicii contains detailed from date of delivery of the supplies to carrier when delivery and industry def nitions end related procedures.)
acceptance are at pomt of origin or from date of delivery at desti-nition or port of embarkation when delivery and acceptance are at 15. CONTINGENT FEL If the offeror, by checking the appropriate either of those points, or from the date correct invoice or voucher is box provided therefor, has represented that he has employed or retained received in the office specified by the Government, if the latter date a cornpany or person (other than a full-time bona 6de employee work-u later than date of delivery. Payment is deemed to be made for the ing solely for the offeror) to solicit or secure this contract, or that he purposa of earning the discount on the date of mailing of the Govern- has paid or agreed to pay any fee, commission, percentage, or brokeage ment check. fee to any company or person contingent upon or resulting from the award of this contract, he shall furnish, in duplicate, a complete Stand.
- 10. AWARD OF CO RACT. ard Form 119, Contractor's Statement of Contingent or Other Fees. If
( hge
/ L -'m 7 l o#eror has previously furnished a completed Standard Form 119 to the oder , ekesntract to ,, ,
Government, price and other factors considered.
.a a hoM h. '
office issuing this solicitation, he may accompany his offer with a signed statement (a) indicating when such completed form was previously (b) The Governmen,t reserves the right to reject any or all oders furnished, (b) identifying by number the previous solicitation or con-end to waive informahties and minor irregularities in c#ers received. tract, if any, in connection with which such form was submitted, and (c) The Government may accept any item or group of items of any (c) representing that the statement in such form is applicable to this offer, unless the offeror quali6es his oNet by speci6c limitations. UN* offer
- LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16. PARENT COMPANY. A parent company for the , purpose of th-THOSE SPECIFIED: AND THE GOVERNMENT RESERVES E' THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A bus.rmess is a company pohcies of the offeror.which eithercompany To own another ownsmeans or controls ic the QUANTITY LESS THAN THE QUANTITY OFFERED AT THE pannt company must wn at lean a snajosy (mon than M percenO UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES of the votmg nghts tn that company. To control another company, such OTHERWISE IN HIS OFFER. wnership is not required; if another company is able to formulate, i
(d) A written award (or Acce tance of ONer) mailed (or other- ,
determine, or veto basic busmese pohey decisions of the oRefor, such wise furnished) to the successful okeror within the time for acceptance other company is considered the parent company of the oReror.- This specified in the oder shall be deemed to result in a binding contract control may be caernsed throush the use of dommant mmonty voting without further action by either party. nghts, use of proxy votmg, contractual arrangements, or otherwise.
The following paragraphs (e) through (h) apply only to negotiated solicitations' (e) The 'Governrue may accept within the time specided therein, 17. EMPl.0YER'S IDENTIFICATION NU any o#er or part thereof, as provided in (c) above), whether or not advertised solicitations.) The eneror sert shall m,MRER.
in the applicable( space Applicable there are negotiations subsequent to its receipt, unless the oder is with, on the cation oder form, Num ber (E..L No.)if he has no parent company, Number his o drawn by written notice received by the Government prior to award. Identi6 (Federal Social Security If subsequent negotiations are conducted, they shall not constitute a used on Employer's Quarterly Federal Tax Return, U.S. Treuury rejection or counter offer on the part of the Government. Department Form 941), or,if he has a parent company, the Employer's ;
(f) The right is reserved to accept other than the lowest oNet and Identi6 cation Number of his parent compeny. !
to relect any or all oRers.
(g) The Government may award a contract, based on initial oNers 18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.
rsceived, without discussion of such ofers. Accontingly, each initial (a) This certification on the oRer form is not applicable to a foreign offer should be submitted on the most favorable terrns from a pnce oReror submitting an oder for a contract which requires performance and technical standpoint which the offeror can submit to the Govern
- or delivery outside the United States, its possessions, and Puerto Rico, ment. (b) An oRet will not be considered for award where (a)(1), (a)(3), I (h) Any 6nancial data submitted with any oder hereunder or any or (b) of the certi6 cation has been deleted or modified. Where (a)(2)
I representation concerning facilities or financtag will not form a part of the certification has been deleted or modified, the oRer will not be i of any resulting contract; provided, however, that if the resultmg con
- considered for award unlew the offeror furnishes with the oRer a signed tract contains a clause prov, ding for price reduction for defective met statement which sets forth in detail the circumstances of the disclosure or pricing data, the contract pnce will be subject to nduction if cost and the head of the agency, or his designee, determines that such dis-or pricing data furnished hereunder is incosoplete, inaccurate, or not closun was not made for the purpose of restricting competition.
current.
- 11. 00ifERNMENT FURNISHED PROPElrTY. No material, labor, or 19. ORDER arov' ,OF PRECEDENCE In the nsist thu solicitation, the event eyof an incorisistency shall be resolved be facilities will be furnished by the Government unless otherwise pro- tweLn s le; (b) vided for in the solicitation.
by sw ce i . the fo g Solicita pnd 4 v s; (d)
- 12. LABOR INFORMATION. General information regarding the re- other] vissons e contract, hether mcorporate re rence or quirements of the Walsh-Healey Public Contracts Act (41 U.S.C. otherwise; and (e) the specifications.
WTAseOAAO FOstes 3bA Back tloov.1-7W e u. s o. -.= me om am-m.mwi i *,-
RFP RS-RES-80-176 Page 11 of 55 PART II Changes and/or Additions to Standard Form 33-A A. CHANGES TO STANDARD FORM 33-A The following paragraph no. 8 supersedes that on page 1 of the SF-33A.
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHDRAWALS OF PROPOSALS (FPR 1 -3. 802-2(b ))
(a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made, and:
(1) It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th day of the month must have been mailed by the 15th or earlier);
(2) It was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishand-ling by the Government after receipt at the Government installation; (3) It is the only proposal received; or
. (4) It offers significant cost or technical advantages to the Government, and it is received before a determination of the competitive range has been made.
(b) Any modification of a proposal is subject to the same conditions as in (a) of this provision.
(c) The only acceptable evidence to establish:
(1) The date of mailing of a late proposal or modification sent either by registered or certified mail is the U. S. Postal Service postmark on both the envelope or wrapper and on the original receipt from the U. S.
Postal Service. If neither postmark shows a legible date, the proposal or modification of proposal shall be deemed to have been mailed late. (The term " postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifi-able without further action as having been supplied and affixed on the date of mailing by employees of the U. S. Postal Service. Therefore, offerors should request the postal clerk to place a hand cancellation bull's-eye
" postmark" on both the receipt and the envelope or wrapper.)
(2) The time of receipt at the Government installation is the time-date stamp of such installation on the proposal wrapper or other docu-mentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late modification of an otherwise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
l
, RFP RS-RES-80-176 Page_12 of 5 5: {
(e) Proposals may be withdrawn by written or telegraphic notice . received
- at any time prior to award.7 Proposals may be withdrswn-in person by an offeror
!or his authorized representative, provided his identity is made' known and he ,
signs, a receipt for the_ proposal prior to award.
NOTE: The term " telegram" includes mailgrams. , j Paragraph 10 (a) on page 2 of. the SF-33A is hereby deleted. Paragraph No.
19 on page 2 of the SF-33A is hereby deleted in its entirety. ;
4 B. ADDITIONS TO STANDAR0 FORM 33-A-
- l. LEVEL OF EFFORT ;
The NRC's estimate of the total of scientific, technical, and clerical ,
effort for this project is approximately ' 8 man-years. This information
! -is' advisory and is not to be considered as the sole basis for the .
development of your staffing plans. You must detail how you intend to '
accomplish each objective covered herein. t
- 2. TYPE OF CONTRACT It.is contemplated that a Cost Plus Fixed Fee Contract will be awarded:
however, the Government reserves the right to negotiate and award
. whatever type contract is determined to be most appropriate. In addi-tion to the'special provisions of this request. for proposal, any resultant ,
-contract shall include the general provisions applicable' to the selected '
offeror's organization and type contract awarded. Any additional clauses required by Public Law, Executive Order or procurement regulations in effect at the time of execution of the proposed contract will be included.
- 3. PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and submission of the final report, shall be completed within 3 (years).
.4.- ACCEPTANCE PERIOD Because of the time required by the Government to evaluate proposals adequately, offerors are requested to specify a proposal acceptance j period of not less than 90 days.
- 5. ANTICIPATED AWARD DATE It is anticipated that an award under this solicitation shall be made by- October 1980.
- 6. COST OF PROPOSAL PREPARATION s This solicitation does not comit the Government to pay any cost for the preparation and submission of a proposal or for necessary studies or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein.
c .
- - -~
_f J }
' ' RFP RS-RES-80-176- 1
- Page:13 of 55- 1 i
s n
] 1
~
7., . INDIVIDUAL (S)AOTHORIZEDTO' NEGOTIATE l
~ The prospective offeror will list lthe name(s)' and telephone number (s) i of the person (s) authorized to conduct negotiations on.the " Proposal .. ;
Summary and Data Sheet" (see Attachment'No. 4) wnich'is to be submitted ;
with each proposal ~. *
\
Offerors 'are ' cautioned that. the person signing the proposal must have i the authority to commit theLofferor, j
- 8. PROPOSAL
SUMMARY
AND DATA SHEET (See Attachment No. 4) s A completed "Propostl Summary and-Data-Sheet".shall be submitted with each copy of the proposal. l
- 9. RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP' closing t date, and the notation: "D0 NOT OPEN IN MAIL ROOM." Also, include the <
RFP number in your cover letter and on each page of your proposal.
'10. AWARO 0F CONTRACT '
The Government reserves the right, without qualification, to accept or -
reject any or all proposals, to negotiate with any'and all offerors regardless of the terms of the original proposal, ~and to request addi-tional clarifying:information either through written information or i
,through conference with the offerors. All offerors are notified that award may be made-without discussion of proposals and, therefore, pro-posals should be submitted initially on the most favorable terms, from a cost and technical. standpoint. '
.11. AWARD NOTIFICATION All soon offerors will be notified of their selection or nonselection as as possible. ,
Formal notification of nonselection will not' be made until a contract has been awarded. '
It is also brought to your attention that the Contracting Officer is the only . individual who can legally commit the Government (i.e, the NRC) to expenditure of public funds in connection with this procure-ment. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual ,
commitments or otherwise bind, commit, or obligate the NRC contractually. !
Informal contractual commitments include such actions as:
=a,.
encouraging a potential contractor to incur costs prior to receiving a contract,
- b. requesting or requiring a contractor to make changes under a contract without formal contract modifications, 1
- c. ' encouraging a contractor-to incur costs under a cost-reimbursable contract in-excess of those cost contractually allowable, and-
,y o e h RFP RS-RES-80-176~
Page 14 of 55 ,
, 1 ,
e d. . . committing the Government to a. course 'of action with regard to a
- potential l contract, contract. change, claim, or dispute. -l
,12. DISPOSITION OF PROPOSALS After awar'd.of contract, two (2) copies of each unsuccessfu1 proposal
~
3 !
zwill be retained by NRC's Division of Contracts and unless. return of I f
proposals. is requested.by'the o.fferor upon submission of proposal, all other copies will: be destroyed. This notification should appear in any i
- cover letter accompanying the proposal. .
t
- 13. NOTICE OF PROPRIETARY INFORMATION_
Notice' of Proprietary Information - Offerors are advised that -
- a. . (those portions _of the Proposal which are considered to be propri- !
etary.shall be so identified. In'the event the offeror fails to indicate on the title page and each sheet of the proposal what portions of the proposal. are proprietary, the NPC assumes no liability for' disclosure or use of unmarked technical . data and may ;
' use or' disclose such data for any purpose. The clause set forth in i paragraphs b. and c.,' below, should be' utilized by the offeror in marking his ' proposal.
Use and Disclosure of Data - Freedom of Information Act Requests b.-
i 6
"This data shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided that if a. contract is awarded to this offeror as a result of or .
.in connection with the submission of this data, the Government !
shall have the right to duplicate, use or disclose the data to l 4' the extent provided in the contract. This restriction does not i limit the Government's right to use information contained in the data if it is obtainable from another source without restriction. i The data subject to this restriction is contained in sheets
~
. Our failure to mark the proposal with a
( legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an '
acknowledgment that the contents of the Technical Proposal may be released, disseminated, or otherwise disclosed by the NPC j pursuant to a Freedom of Information Act request."
- c. Moreover, each sheet for which the offeror desires to restrict !'
< ~ disclosure shall be marked with the followino legend:
"Use or disclosure of proposal data is subject to the i restriction on the title page of this proposal. I l claim that information contained herein is proprietary j
'E and shall not be disclosed by the NRC in accordance with ;
Exemption 4 of the Freedom of Information Act." {
I i
J i ..,-
, - . . , . . _ . . - . J. . _ _ . . _ . , _ _ _ , _ _ ._ _
i
. e i
RFP RS-RES-80-176 e Page 15 of 55 '
i
'T
- 14. PROPOSA) PRESENTATION AND FORMAT
- a. Proposals will be typewritten or reproduced on letter-size paper and will be' legible in all required copies. Unnecessarily elab- '
orate brochures or other presentations beyond that sufficient to i present a complete and effective Poposal are not desired and may be construed as an indication of the offeror's lack of cost con-
.sciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary nor desired. Legibility, clarity, and completeness are important. '
- b. Proposals in response to this Request for Proposal shall be sub-mitted in tne following three (3) separate and distinct parts:
(1) One (1) original signed copy of this solicitation package.
All applicable sections must be completed by the offeror.
(2) One (1) original and five (5 ) copies of the " Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Management Require-ments."
(3) One (1) original and five (5) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical Proposal Content." -
Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offerer.
NOTE: If your records are currently under audit cognizance of a Government audit agency, the address and telephone number of that office should be furnished on the " Proposal Summary and Data Sheet."
One (1) copy of the solicitation package, Technical Proposal, and Cost Proposal shall be submitted by the offeror to the cognizant audit agency concurrent with the submittal of the proposal to the NRC.
- 15. '
BUSINESS MANAGEMENT REQUIREMENTS Cost Proposal a.
The offeror should utilize the Optional Form 60 Contract Pricing Proposal (Research and Development), in submitting the Cost Proposal. Offerors may, however, submit the necessary information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost information. In either instance, '
the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.
l
- . RFP RS-RES-80-176 Page 16 of 55 Cost will be evaluated on reasonableness, validity, and reli-ability.
The " Cost Proposal" must include, but is not limited to, the following:
Material - A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost.
Labor - The basis for the estimated hours broken down by >
category and task, and the source of labor rates.
Level of effort data shall be expressed in man-hours.
Indirect Cost - The source and basis of determination of all indirect costs.
Travel - The breakdown of all travel by trips, segregating all transportation and per diem costs. Copy of the official Government approval of the offeror's travel policy, if granted, or in lieu thereof, a copy of the offeror's travel policy.
NOTE: In the absence of a Government approved contractor travel policy, the prevailing Federal Travel Regulation rates and the clause entitled,
" Travel Reimbursement" in Part III shall apply. ,
Other - The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizant Government audit agency.
- b. Management The management aspects shall include, but not be limited to, the following and any data pertinent thereto:
(1) Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within the performance period and without program slippage.
(2) Management organizational structure delineating areas of respon- l sibility and authority under the proposed effort. Describe the I relationship of the project organization to corporate management and to subcontractors, if any. Discussthefunctionsandau!
ities of the project manager. l (3) . Procedures to periodically review in-house organizational func-tions, program reviews and controls and subsequent coordination with the NRC.
0 '.
, .. . . --- .. - . , . . - ~- . -. _
M~ 9
' i
' ' ' , , .RFP RS-RES-80-176-- :
LPage 17 of 55:
a li d, /- l
'i di .
f k '
(4) ' Management controls expected to be utilized to preclude a con- !
T tract cost growth. '
r i P -\
- c. Manpower Availability !
t :
. 'i ' Describe 1the source of personnel required for performance of each task-and not presently employed by the offeror. If any' of the -!
personnel are under commitment, describe the terms of the commit- i ment (s). Note specifically the personnel that will.be on board i subject to a contract award.
I T d. Consul tant _s_ !
Explain the naed for consultant services. List proposed consultants if known by name. For each list show (1) nature of services, (2) :
fee rate, and (3) total consultant fee and any other allowable -
related costs which may be involved, such as travel. and per diem. 1 Such fees may not be paid to employees of the contractor or to !
employees of the U. S. Government. J
- e. Subcontractors '
'If the offeror plans to subcontract any of the work to be performed, i list proposed subcontractors if known by name. Provide a detailed i breakdown of specific work to be subcontracted and the approximate cost involved. 1 h
- f. Labor Surplus Area Program Requirements In keeping with the Federal Labor Surplus Area Program, the offeror [
is required to provide infonnation on the general economic conditions '
of the area in which subcontractors are located, exact location of sub-contractors (state, city, county), and the unemployment rate for the area. if known. ,
1
- g. Additional Facilities or Property I In the event the offeror contemplates acquiring additional facilities i
.or property in the perfonnance of this work, such facilities or prop-
-erty shall be separately identified.
- h. Other Contractual Consnitments The offeror shall list any commitments with other organizations,
' Governmental or private, and indicate whether these commitments ;
owill or will not interfere with the completion of work and services !
contemplated under this ' proposal.
i
?
B
.--___m_, -
y, _ ., . , , - . .---,# -, -
,- .w.- -+
RFP RS-RES-80-176 '
Paga 18 of 55
.t
- 16. [
TECHNICAL PROPOSAL CONTENT t f LThe= Technical! Proposal shallinot 'contain any reference to cost. Resource p information such as. data concerning labor hours, and categories, materials, i subcontracts,-' travel, computer time, etc. , shall be included in the . Tech- 1 nical: Proposal so that the offeror's understanding of.the scope of work.may :)
'be evaluated. '
.Th'e. offeror shall' submit with the Technical Proposal full and complete l
'information in the order set' forth below to permit the Government to make a thorough evaluation'and a sound determination ~ that the proposed approach r will' have a reasonable likelihood of meeting the requirements and objectives "
of this procurement in accordance with the evaluation criteria set forth !
in this PartLII under the paragraph entitled. " Evaluation of Proposals."
I
. Statements which paraphrase the scope of work without communicating the i specific innovation proposed by the offeror or statements to the effect that the offeror's understanding can or will comply with the scope of work may be >
construed as ~an indication of the offeror's lack of understanding of the ;
scope of work'and objectives. ;
The Technical Proposal shall set forth as a minimum the following: I
- a. Discussion of the scope of wo'rk requirements to substantiate the f offeror's understanding of the problem and his proposed method of i
approach to meet the objective.
- b. !
Discussion of the. offeror's experience in .the anal.vsis of reactor safety systems. i points of contact.Include the contract numbers and Government
- c. Include resumes for all professional' personnel to be utilized in the performance of any resulting contract. Include educational ' background, specific pertinent work experience and a list of any pertinent publica-tions authored by the individual. .
d.
Discuss support personnel and facilities available to assist the profes-sional personnel. *
- e. Indicate potential problem areas and the approach to be taken to resolve'said areas. f i
f.
Provide a detailed description of the schedule for work and identify significant milestones and completion dates for various subparts. '
- g. Identify the " Key Personnel,"'and for the person (s) so identified,~ specify the' percentage of time currently committed to other projects over the
. course of the proposed contract period of performance.
h.. Statements of any interpretations, requirements, or assumptions made by. the of feror. '
i ..
- c - . - . - - - . , , , . -_ , . _ _
t
? l ,, A ^' l:2 w.m
,4 , .
- RFP RS-RES-80 176' !
Pagefl9 of.5S- 1
+
f;. ,y . . _ _ _
u.
, , 1. . Offeror's explanation of the technical approaches and a detailed outline -t
'of the proposed program for: executing- the requirements and achieving 'the 7 contract objectives..
-j. Discussion of the general background,' experience, and qualifications of :
l i
the' offeror, with'special; mention of related effort.
~
.3 f k. ' Discussion of the extent to which the offeror's proposed approach can !
^beLexpected to-exceed the requirements in the Statement of Work. ;
- 1. Statement'of the offeror's. facility capabilities which can be easily ' (
- + converted for usage in this proposed program, including
- '
jl) Availability of test facility for- post'CHF two-phase heat transfer {
study, including pumping. facility and power sources. j q
2)L ~ Availability of instrumentation capability for easy development '
or adaptation.into a high-speed film-measurement device.-
o
- 2) Availability of intrumentation capability for easy dev'elopment or. adaptation into. a ' super-heat steam measurement. The offeror sho'uld state how will he calibrate the device.
4). ' Related two phase flow instrumentation, such as void / flow l measurements devices,
- m. Statements'of key personnel who.will be working directly on the pro,iect.
Resume should be provided for each key pere,onnel, stating qualifications ,
relative to this- project. Special mention should be made of the y
releyant experience of the key personnel. The. numbers of man-hours '
' budgeted .for each individual must be specified.
4 - 'a) The principal -investigator should have at least 10 to 15 years of-post _ doctorate research experience on boiling two-phase flow. '
Emphasis should be placed on the past record of developing models and correlations for post CHF heat transfer, b) The key personnel should have at least 1 year of experience in the usage arid development of the following instrumentations:
(1) Film measurements (2) Super heat' measurement (3) Related boilina two-phase flow studies c) The key personnel should state the past record of program management, showing the ' successful completion of projects', and coordination.
n.- The offeror should demonstrate his understanding of problems on post CHF heat transfer including the importance of'nonequilibrium quality on
. film boiling and the importance of intermittent wettina during transition boiling. The offeror should clearly state his planned approaches to measure the intermittent wetting and nonequilibrium.auality, and how to ,
relate this .information to post CHF heat transfer. ~~
o.. . The offeror should provide an organization and perfonnance plan.
'Give milestones for.each phase of perfonnance. ;
-~,r , -
n . . , -i w w , ~ - - - -m r-- . w v..',e--#-+.o, v 1+m,. m -..
i
. RFP: RS-RES-80-176'. d Page 20 of 55 ;s1 v ..
1 i
- 17. i EVALUATION!0F P'R0p0SALSL a.- Award will be made-to the offeror presenting the best. overall s proposal,which is technically acceptable 'and most advantageous to I the Government,'with consideration being given to the areas j presented below Lin.the Technical = Evaluation Criteria'and the.
i
. proposed = costs.
1 b;- 'A cost analysis will be performed on each cost proposal. Cost is less important than .the aggregate of- the Technical Evaluation '
Criteria. ..However, to be selected for an award, the proposed cost :
must be.real.istic and. reasonable. f i
i
- c. . Technical proposals will be evaluated in accordance with.the following
. weighted factors, . listed in the order of their relative importance.
Weights' '
(Based on 100 Points) )
- 1. Facility Capabilities (Total' Points 40) ,
- a. Availability of test facilities for post 10 CHF heat transfer
- 1
- b. Film instrumentation 10 .
?
- c. Super heat instrumentation 10
- d. Related'two-phase flow instrumentation 10
- 2. Personnel Qualifications'(Total Points 40)
- a. Analytical-Experience 15 l 1. Development of model for post CF
- 2. Development of correlations
- b. Experimental Experience 15 i
- 1. Film instrunentation
- 2. Super heat 3.. Related boiling two-phase flow
- c. Program Management Experience of Key Personnel 10 <
- 3. Technical Approach (Total Points 20) ;
- 1. Understanding of problem 10 j i
2 .' LTechnial' approach. 10 1
-e .:
A +
.I l .RFP RS-RES-80-176
'Page 21 of 55 j
PART III-CONTRACT SCHEDULE.
[ .
a F
ARTICLE I' . STATEMENT OF WORK
- 'A-
. INTRODUCTION L
Post CHF (Critical Heat Flux)' heat transfer (including film. boiling and l
, transition boiling) is an important mode of heat transfer during certain 0 reactor transients or postulated accidents.- Examples include the blowdown phase or _the reflood phase of the Loss of Coolant Ac'cident (LOCA). Thus, a proper correlation for post CHF heat transfer, .
based upon.a broad. heat transfer data base, is essential to any computer code for evaluating the safety margin of nuclear power ,
reactors.
B.- GENERAL BACKGROUND The post CHF heat transfer data base available today consists mostly of data from heated tubes. Very little rod bundle data has been available until the recent NRC large scale experiments were conducted. These tests include the PWR Blowdown Heat Transfer (PWR-BDHT) tests at Oak Ridge National Laboratory (0RNL); the Semiscale tests at Idaho National . Engineering Laboratory (INEL); and the PWR Full Length Emergency Cooling Heat Transfer (FLECHT) Tests at Westinghouse. The ranges of conditions of data .
obtained or to be obtained from the above facilities are shown in Table I.
Although the above data sources cover a wide range of conditions, only a limited number of test runs can be performed in these facilities due to cost considerations. For the sake of developing models and correlations, it is important that extensive parametric studies be made in simpler, smaller test facilities to shed light on the physical trends and parametric ;
dependence. The models based upon extensive data from simple facilities can then be tested against the limited data from large rod bundle test facilities.
At present, very few data on low mass flow (0 - 2 x 410 lb/hr ft2 ) in low and medium' quality range (0-50%) are available in the existing data base, thus there is a need to cover these specific ranges with more data for the purpose of parametric studies.
In order to arrive at models and correlations for post CHF heat transfer of broad range applicability, it is important that models be' developed based upon j physical phenomena. Two major unknown factors exist in post CHF heat j transfer phenomena, namely, the non-equilibrium quality in film boiling )
(or partition of. heat between sensible and latent heat) and the contribu-tion of cooling by intermittent contact of liquid during transition boiling.
Most of the red bundle heat transfer data have been obtained with I simulated fuel pins which are electrically heated rods with imbedded thermocouples. The Loss of. Fluid Tests (LOFT) nuclear fuel rods are
' instrumented with external thermocouples. Thus, there is a need to relate-the heat transfer models and correlations derived from the internal thermocouple ' data: base to the LOFT results.
RFP RS-RES-80-176-Page 22 of 55 C. CONTRACT OBJECTIVES' ,
The objectives of this RFP are: ;
- 1. - To establish a post-CHF heat transfer data base for rod bundles in the low pressure, low flow and low and medium quali.ty regions for parametric study purposes;
- 2. To develop the models and correlations for bundle post CHF i-heat transfer based upon physical phenomena, including non-equilibrium enthalpy partition in film boiling and heat conduction by intermittent . liquid contact during transition boiling;
- 3. To develop instrumentation for measurement of non-equilibrium enthalpy. distribution 'during film boiling, and for measurement of Intermittent wetting of heater surfaces during transition boiling; and
- 4. To extend models and correlations based upon internal .
thermocouple data to the heat transfer processes associated
~
with external thermocouples which are .used in the LOFT program.
D. SCOPE OF TECHNICAL WORK ;
The contractor shall furnish all personnel, materials, equipment, facilities, and services.necessary to perform, and shall therewith-perform the technical tasks listed below. Table I presents a list i of portinent background. documents which may be acquired in person ,
or by written request to the NRC Public Document Room, Washington.
DC, 30555. Phone (202) 634-1380.
NOTE: REQUEST TO THE PUBLIC DOCUMENT ROOM FOR ANY OF ,
THE DOCUMENTS LISTED IN TABLE-I MUST CLEARLY IDENTIFY THE SPECIFIC DOCUMENT AND THE RFP_NO.
RS-RES-80-176, t Also presented is additional background information, which includes various data charts supporting the four areas relating to post CHF :
heat transfer, which are:
- 1. Tube data base;
- 2. Rod bundle data base;
- 3. Models and correlations for film boiling; and
- 4. Models' and correlations for transition boiling.
In addition to the information referenced above, included are a set of specific objectives, and Table II - Ranges of Conditions for Post CHF Heat Transfer Data.
i
g- e,. t
.t.
[.* i .
RFP RS-RES-80-176 ;
J Page 23 of 55 l
E.. DELINEATION OF CONTRACTOR TASKS Task'l ' An instrument or a set of instruments shall be developed which use capacitance and conductance concepts to measure thickness and velocity during film flow with the presence of interfacial shear and to measure the ratio of dry area to wet area on the heating surface during the quenching period and i transition boiling period. . The instrument (s) shall be capable of use on the simulated fuel pin cladding in the proposed test facility.
Task 2' .An instrumentation technique shall be developed which is non-intrusive to the steam-water flow, but which is capable of serving as a calibration standard for measuring superheated vapor temperatures. .
This technique shall be used in this project to calibrate superheat measuring thermocouples which will be inserted into an electrically heated-tube or into a rod bundle subchannel.
Task 3 Experiments shall be conducted in a rod bundle of at least a 3 x 3 square array of typical PWR rod diameter and pitch (at least 4 feet long with grid spacers of variable spacing) to determine the effects of the spacers on post CHF heat transfer.
The experiments shall be conducged at low4 pressupe (14.7 to 200 psia) low mass flux (5 x 10 - 2 x 10 lb/ft hr) and low to moderate quality (P - 50 percent). The conditions shall include those expected from reflood and quenching of current light water power reactors. ,
Task 3-1 To help improve the understanding of physical phenomena, it may be necessary to run some tests in an electrically heated tube for comparing with bundle data and for linking with an existing tube data base. This particular subtask shall be considered as supplementary to Task 3 and shall be given a separate cost estimate for NRC to exercise as an option.
Task 4 Data from Task 3 above shall be used in the formulation of post CHF correlations for use in the NRC advanced codes such as TRAC (code available from the Code Center, ANL, Argonne, Illinois).
Task 5 Post CHF models shall be developed using the improved physical understanding gained from the experiments in Task 3 and the correlations in Task 4 above. The validity of the models developed shall be examined for applicability to post CHF transient data obtained from NRC projects such as the PWR-BDHT at ORNL and the Semiscale at INEL. The models shall incorporate the effect of grid spacers of designs similar '
to those used in pressurized water reactors. The models shall be capable of incorporation into the NRC advanced codes, such i as TRAC, without the need of lengthy computation. '
RFP RS-RES-80-176 Page.24 of 55 Task 6 Existing information shall' be surveyed on the differences in response of thermocouples which are mounted internal to the cladding (as in most electrically heated rod bundle heat transfer experiments) compared to thermocouples which '
- are, mounted external to the cladding (as in the LOFT nuclear tests). Adjustments to the models documented in Task 5 above shall be made to permit application of the models for analysis of previous LOFT results with external thermocouples and for :
predictions of future LOFT tests. This task shall include
." parametric calculations to determine under which conditions the " fin effect" and the potential for an induced local quench j are greatest.
Task 7 . Representation shall be p_rovided, as necessary, for consultation on NRC Review Group meetings which are scheduled approximately three times each year.
F. REPORTS, DOCUMENTATION, AND OTHER DELIVERABLE END ITEMS The technical reports listed below (where applicable) are to be documented, produced, and disseminated in accordance with NRC Manual Chapter 3202 which is part of this contract.
- 1. Program Plan - The contractor shall furnish within 30 days of contract approval a draft Program Plan which elaborates on the means of meeting the program require-ments. The Program Plan shall be an embellishment of the specific workscope items for the purpose of providing an overview of the program to the technical community.
The program plan shall include program objectives, a general strategy discussion, brief descriptions of the experimental tasks and modeling efforts, the planned documentation and schedule information. NRC review of the draft Program Plan may include consideration by :
one or more Water Reactor Safety Research Review Groups prior to determination by the Project Officer that the Program Plan is approved or requires modification. Once the Program Plan is accepted or modified by the NRC Project Officer, the Program Plan will be issued in final form. The Program Pin will then serve as the ,
i foundation document for the entire effort and may be modified only by written approval of the NRC Project Officer..
- 2. Task Reports - The contractor shall furnish within ,
30 days of completion of each of Tasks 1 through 7, in five (5) copies to the Project Officer and one (1) copy to the Contracting Officer and shall include as a minimum:
- a. f. technical report of progress describing findings j to date, problems incurred and solutions proposed, l l
and plans for the ensuing task, i s
., A 2
." RFP RS-RES-80-176 Page 25 of 55
-b. A report of costs incurred to date as follows:
Direct Labor Costs
- Travel Expenses Overhead Additional Costs
- Forecast for Contract Completion
- 3. Quarterly Reports - The contractor shall furnish five (5) i copies of a quarterly progress report covering each ~three (3) month period beginning with the effective date of contract and submitted within 15 days after the close of the period. The report shall detail the work performed during the period and shall enable the reviewers and other readers to grasp the main ideas and findings.
> 4. A Final Report - The contractor shall furnish five (5) copies of the final report to the Project Officer along with one (1) reproducible copy to the Project Officer, within 90 days of project completion. The report shall summarize the results of Tasks 1 through 7. -
- 5. Paper for Annual WRSR Information Meeting - The contractor shall prepare and present a paper at the Water Reactor ,
Safety Information Meeting held in Gaithersburg, Maryland, U.S.A., in the fall of each year.
- 6. Review Group Meeting Recommendations - Letter reports shall be prepared stating personal conclusions and recommendations formulated as a result of attending meetings described in Task 7. !
Each'1etter report shall be submitted within 15 days to the '
Chairman of the particular Research Review Group, with copies -
to the Project Officer. ,
- 7. Buff Book - Information which has been reviewed by the Project Officer shall be supplied bi-monthly by the Contractor for the Commission's Status Summary Report (Buff Book) according to the procedures in effect in NUREG-0135-5 dated January 13, 1978.
The Buff Book will include status of budget, expenditure, task accomplishments and schedules.
i t
l 1
1 - - -m~ , ,- - - ,m se p y , v , ,--
m . _ _ . . _ _ . _
is ;)
RFP R'S-RES-80-176 I Page 26 of 55' ]:
. TABLE I i 1
- 1. Richlen, S. L' , Condie, K. G. . ." Comparison of Post CHF- Heat Transfer CorrelationstoTubeData,"SRD-134-67(1976). ,
- 2. Groeneveld,' D.C. and McPherson, G. D. , "In-Reactor Post-Dryout Experiments with 36 Element Fuel Bundles," Atomic Energy of Canada Limited Report AECL-4075, 1973. *
- 3. ~ Turner, D., " Blowdown Heat Transfer Program,. Film Boiling Heat Transfer Coefficients (CE/ Columbia Tests)" CENPP-152, Rev.1, Combustion Engineering ,
' Incorporated, 1975.
~
- 4. Larson, T. K., Snider, D. M. and Lord, L. V. , " Post CHF Heat Transfer in the Semiscale Core During Blowdown with Reverse Flow," 17th Heat. Transfer Conference, ASME/AIChE,-Salt. Lake City, Utah, August 1977.
- 5. Craddick, W., G. , Hyman, C. R~. , Mullins,' C. B. ,' Hedrick', R.' A. and Turnage.
K. G. "PWR BDHT Separate Effects Program Data ~ Evaluation Report - Heat - ;
Transfer for THTF Test' Series 100," NUREG/CR-0105, ORNL/NUREG 45, ORNL, :
1978.
- 6. Lilly, G.' P., Yeh, H. C., Hochreiter, L. E. and Yamaguchi, N., "PWR I FLECHT Cosine Low Flooding Rate Test Series Evaluation Report," WCAP-8838, Westinghouse Electric Corporation, 1977.
- 7. Condie, K. G., Bengston, S. J., Letter from K. G. Condie to D. C.
Slaughterbeck, December 19, 1974. .
- 8. Dougall, R. S. , Rohsenow, W. M., " Film Boiling on the Inside of Vertical Tubes with Upward Flow of the Fluid at Low Qualities," Massachusetts '
Institute of Technology Report No. 9079-26, 1963.
- 9. Groeneveld, D. C., "An Investigation of Heat Transfer in the Liquid Deficient Regime," AECL-3281, 1969.
- 10. Groeneveld, D. C., Delorme, G. G. J., " Prediction of Thermal Non- .
Equilibrium in the Post-Dryout Regime," AECL-5280, 1976.
- 11. Chen, J. C. , -Sundaram, R. K. and Ozkaynak, F. T. , "A Phenomenological Correlation for Post CHF Heat Transfer," NUREG-0237, June 1977.
I
- 12. .Cluss, E. M., Jr., " Post CHF Heat Transfer in a Vertical Tube Including Spacer Grid Effects," MIT MSc. Thesis,1978 '
j
- 13. Tong. L. S. and Young, J. D., "A Phenomenological Transition and Film ,
Boiling Heat Transfer Correlation," Proceedings of Fifth International Heat Transfer Conference, Yokyo, Vol. IV, 120-124 Paper 83.9. 1974. :
- 14. . Ramu, K. and Weisman, J., " Transition Boiling Heat Transfer to Water in a Vertical Annulus," Paper Presented at National Heat Transfer Conference,! San Francisco, 1975.
.o .
_ . . . - _ _ - . __ _ , ~ _ ,-
I l
lo ..- '
RFPc RS-RES-80-176f Page 27 of 55 O ' c i.. .
i s
- TABLE.I' (CONT'D) !
i
- 15. E111on, M. E., "A Study of-the Mechanism of Boiling Heat Transfer,"' :
California Institute of Technology Report JPL-MEM0-20-88, 1954.
16'. Berenson, P.J., " Transition Boiling Heat Transfer from a Horizontal Surface," MIT Technical Report No. 17, 1960; ;
- 17. Hsu,,Y. Y., " Boiling Heat Transfer," Von Karnan' Institute for Fluid .
Dynamics Lecture Series 1978-5, "Two-Phase Flow in Nuclear Reactors," I April 17-21,.1978, Belgium (to be published by Hemisphere Publishing
' Company).
- 18. Fung, K. K., " Forced Convective Transition Boiling," M.Sc. Thesis, University of Toronto,1977. .
'19. lCheng, S. C., .
Ragh'eb, H., Ng, W. W. L., Heng, K. T. and Roy, S.,
" Transition Boiling Heat Transfer in Forced Vertical Flow,"
NUREG/CR-0359, AN:-78-75, Argonne National Laboratory,1978.
t P
W l
+
i i
_. _ _ . _ , . . _ _ ~2...-..u. _._.-.
.. y . .
RFP RS-RES-80-176 Page 28 of 55' I a
-)
I J
~..-
Background Information-The background'information relating to post CHF heat' transfer can be divided 3
into four areas:
- 1. Tube data base;
- 2. Rod bundle data base;
- 3. Models and correlations for film boiling; and ,
- 4. Models and correlations for transition boiling. -
T i
L :
t
- g. n; s i
- - - > - ,- . _ ,e - - . . . - - > - _ , , - - , 43..,~,, ., , -3.,y.my -
--w
rv, v fg QM(C ]
L f: ,..
~ p-i t . .- g g ;, g RFP RS-RES-80-176 Page 29 of 55' 1.- Tube Data Base
<An extensive data base on tube' data is in existence in the NRC Heat Transfer-f Data Bank (Reference 1). These data.were obtained from experiments using the heating tube as a test section. The range of conditions covered by these data
' ~
are illustrated in' Figure 1. It can be observed from this figure that even
' for tube data,' there is a shortage of data in low pressure and low mass flow range. (Note: 'The irregular lines in each figure are the loci of thermal hydraulic conditions as experienced in typical postulated Loss of Coolant Accident)
- 2. . Rod Bundle Data Base There-is only a limited amount of bundle data on post CHF heat transfer from open lite ature available in the NRC data bank. This is because only a few post CHF tetts were done with bundles (References 2 and 3) in the past.
Recent NRC iests'from Semiscale facility at INEL (Reference 4) and the PWR BDHT program at ORNL (Reference 5) are adding new data to the heat transfer data base (see Table 1). These data are more accurate than previous data for
.the 'following reasons.
- a. The heat transfer coefficients were imbedded.T.C. and calculated from inverse conduction codes; using measured data from carefully imbedded thermocouples. -
v e
no~.' .
- - b
_ = . , _ ,. . - .,
m w -
- oo TUBE FILM BOILING DATA /
74-it: . -
- .cas .
cac se . -
cas -
~
- et
- : " ~
C .
%:3 t.A- u, . -
- ira,
' %m ...
. ~ ,. s - . . .
. . . 4. - . .... . ... .- -
$g? a - - - _ ,.
_ g..,.s . = .
5, ,
N
. , _ 2 .- ... ~ . ... _ ..
ers
....... p. *
.% . .. .= . ,
% g. .
. -s, ew n. s s.
4
'e ...-..s a.; 7 ga .
..? . M T4t pte m
- e r r . ... .. .\tilN)M . P .d * ** *s . . "
. wm x3 ,
. anna _ - - - -
Ok om ;
n --
%m
- _s ._
4
. 6 I
k,"-DJh., A _. ,
. _ . - ~ ~ - ,.ur.s s . t
,v
- g mo 00 02 04 05 08 10
= m . ..
82 14 16 10 b-m OUR.lTY .
! Figure 1A (Reference 1)
Mass Flux Versus Quality' for Hot Pin Model Transient.
i ... .. -
t
..~--
~
o . TUBE FILM BOILING DATR n- -
es p -
C3 g-
, :mo -a o _z
- n, ,
?*
m * ~ -- 2 t~ R~ @
==
8 a n
- 4 s lac. :._ :
g, -
. . . e
- > 5< :;
w .
y
! x * .
- g. s . . . . .
e J
E -
.. _a m
- a. i . . . . . M l
.. g
. . . . . . om
$ *f F-
_ W MA L '
00 350 0 700 0 1950 0 1900 0 1750 0 2100 0 2f50 0 2500 0 Ji?>0 m PRESSURE (PSI)
Figure IB Mass Flux Versus Pressure for Hot Pin Model Transient.
l f
t ,
, TUBE FILM BOILING DATA -
. .s......
m
?
g- -
. C.33 -
,g ; . .. . .. - .* _
.e g -
lg ;;3._ . . . . . . . . . . .
g 7 ,
.M .
(g.
' ca , ye -
l g . . .
Jan *.
i O= w -
= .
LE'-
-__ .,. . . . . . . . . . . . . . . . ~ . . - _ - _.-__
.E--
.. ,m i , '% a4
' g, . . . .
.....q ... .
m, w vi
- . . . . . . . . ..... IN3 ,e r_ "
o r,o
.. . . . . . . %M t
6 w e u v v i w w g y
- 8, m
, , N
, , , y I0' 10' 10* a
- HOU F1.UX (BTU /HR-rT==21 l
4 l- Figure 1C Pressure Versus Heat Flux fc % t Pin Model Transient.
4 i
- w. . . . . , --.- _ ,.
.. _ 3 . ..,, -
~
og TUBE FILM BOILING DATR n ... .
v., -,,,
.p-A.
4
.= "C3 i C3 .. ; :
!.j.
. * .as; ,
o,
^
t .. ..... ~
m, .
Ei:- . . .. . .. n r... - ~ . ~
. c<
M p
h %
W ece g.** . . . u.. w vi -
e
.:. nrm ~_ , -
W E -
. . .. ,. . . . w. . l
. . es ,
mx
.:. . ... s.., , &q
~
A* .:. :. t..s
<== v :. v 4.W o == r ) i ro Q \ ,A 1
~ ~ ows
~
s -
f\_
r ld U
t'J u, oR
?
w w e,
a w a w , y y M~k, , 3 , , , , ,
1
_g 10' ^- , , ,
- 10' 10 O
, ICRT rt.UX IBTU/HR-rT==21
- t ._._.4 i
Figure 10
, t
- Mass Flux Versus Heat Flux for Hot Pin Model Transient i
_ _ . _ . . _ _.. . _ _ . . . _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -. _ 0
l ..- .
=i n. m. m m.- -m f
.- - .a n .
e.
TUBE FILM BOILING DATR s.
~
q :.- .
M i I
==
CJ3 ;: I* .
~ *. I:.ij:.
i;e Og - :!. .i .: .
Q !*
1::. ; . . ! g.:* .! .i:::l>.s!
,! :i :
{ !. . '! : .i.
[. ac;P . .
- s. .
.v *.
- - Y 1. *
- h. *. *t :-
g p.
- 3
. q
. ! .: s .
- *e g :k,'.. e.
3 g*,
%g .7.,
! 1 ..
- . *}, . ... g.*.Q, .: ; *j ..
- D ~. .[
s
..a g-** *$F. : t ],. I * **
.< r ,
- Mit f.!y*e v..-
I *.* 4. . , g.
Q *
[ . h* L. . '
8 .y .. -':.f(. ik f" Pta Q> p .k,.hr @i '
.) I:*, . .I'$)l* .* ('
N.. o 'e ___m -
27 .s:-* j1 y *).}. ,4k* A ,h2,. .
.j . ...
. .-..g,' ~:; g.ae . a.
- y. e.; ... . . . , ..
~
m
-(
c l.
r- . i
. A -
! T>- *
./.t U. N6,;. b.. Q:.,,?e
- e. b 54:.;...
5.', , ,;, p.s... .:rr' >y'g .,j e ---------g._ ., 7.
5~ W # '" ~~
.W.*** *?
. I
.\'r*;L W.UY. Y T. iW.b:-ii t ..:-M.
- a .
o=
- -7 $.,-:W" H* ..-pr.-! w
.e e M r.\--
___ t
- g .-T.-s>o).6.. e o' 1_' -c__-
- f. .
.. g: o
. . ~. 3 _ .t
._ p . . * . t , r_*ht '..I. %.
- p. x- *
,u N, l ?h .. : ). : ,
$ .; .'$ o.,
- 1. . s.-
- - wR
. gg' o .
b , , , , , , e i 3 y w w u v v v v y N 10' 10' 10' HERT Ft.UX IBTU/HR-TT==21 Figure 1E
. Quality Versus Heat Flux for Hot Pin Model Traristent.
I i
1 TUBE FILM-BOILING DATR C3 .
,e I o .__ .
Mr . ;
r
. y 8
,m g . -
s
- 3-
! Cllllll3 ' '5-n 1
-l
! g J-y ,
. e _
4 l
%a-CI"3 1 .
p.
, jl .
L
.I !-
+
.[
- g~-~ .
- . p' ', ,
s- .
h: 4
- 4 a*
)~ P li e ,
. $*
- 4 !
]I
. d! .I -
- ' ' , _ g g-Li- .
. ne : .: f- i .-
e s.
e - ~ .
8 ** j *
[.' . . s g
. 4- , ?
<. r .
. I ': l l -
mm 4
e
> am
- a. e, s- ~
a m
? . : i.
i,
, .. w m.
m i.
,, m
. . . o,,
- v m, e -
, g,
- o -
o.o sso o roo o noso o-1400 o 17so o 2:00 o asso o
. . m?
anoo.o siso.o *
-
- PRESSURE IPSII M i
i :
Figure IF Quality Versus Pressure for Hot Pin Model Transient. l
)
- 4 5
___ ______ _ _ _ . _ _ _ _ _ _ _ . _ . . - .r-. _ _ _ _ _ . _ _ _ _ _ _ _ _ -'
!
- r ..
. .. . . RFP RS-RES-80-176 Page 36 of 55 i
l RJa
--.f
.. j
. o
+ . .
. . o*
. . e d' . , . l *. ', *.*.*
,. 8 l
, *+ . 7, f, .
e . ,.* #.. ;, i>
8
. . ** . . s+,
- ,+ o
.,,,P.,,. < **
g */ , . ..
et
+ ;.
.,.f, . .
+
,. , g...,.
42 c
.. /. . . . .
- - ** e
.t y . . ..#..:.,. b*4.*.* .
- c g .. g *,
.t.. .i <s.*
= *
., *s ; .. o* e C .
1.* .'h* ; U.jl#;*
., 1 '.*'. * *
- - .. ,, h t.
- ' *':=.. J',.* l* 3.
- * ..a.:5'$
e*ss .. '* * *;,". .* * : **.** .* . * ..
- * .I
- ; .' e C
, e. = , . . , 'O
..*.3,,
- g .,.o:.*
- ' . - . f.
O *
- S?NI. s . '. i#'i . . ../**
.. o.*';j
- y* . v' .%: *.f= .* :. *
- *.*. Q (D
..,.,s.'*.
==
. s ~ .,l...~ .
, *: ,. g
- o. c
,sgo : y.#.4. . , ;, ;. v. ; . *.:..-. . .*:.t .* , *. .' *
.:. *~ . .
. - c .
7 *,*s *: .
f r. , y s . * .
- t :
.'. s/
,* * ~ L
- J v,. ,; . . . . .*. . v. s.e: ....,,
. . :< o o. .~ .s. * .:., .: * . .oc 3 *T/t/p s, ' .itL.$.
. . s .:. . . . . / : c
- . < o
- n.
O p.;y s
s e.
V. ,2.f.vy
.'?. .
. . .s. . .. . *. ~.: ,..~g ,.e f.::,
.t *. . .' . 9 +.. .
.. . y!A., j.'.ig
-r o
gp ? Mr . i,u , . n ' x. ,: . u .
.u.s. c. .:p .. :..s. :< .;o*r.:.:.
. .. .s.:s ...:>.e.v.. .,v . . .. .. %w: e .e:
.. ... s-.
., w ,s.
.- v ,; i r -
- 9 f. *i
. d .
..?F?r:.i.,
.'iK., C
@v:%. .f'.i%% > ., . .\ =a v...
h- *-
- , . 1. .:.' ,.:; 3E
- s .
~
.v.sv . : H.:..'.,~.~.t*..:t.: : . <
,i.,...<;h .
n.
L3 .
tr # o:t :1 :* 'y*.hs.n%:.:.Y,,a. .; ... -
I co :
g-K-.:..a..,. . .;~ .<. .% . .
9
@. .;.+:.1 *:?p: *;.s. .* ;n:* -
a .
,a
_. -e
+ -n.
.st ,.<>. ... ,., q.
. .re.. e .... . .
. .. g pr.c-::e. . .
.g .
- 1 n ..,. <. ... n.
n . . a u
.:r'. .* : w . s ,e. c..
.. c. : .
~
- ;. :.:s*& E.%.w;-42.,;,.'.7,.o . ..:
i .
- ?>,
. , ... .. e .. c.. . . +>
. . $r
.*.. *s s. /.s!*
e
. .'. -,fs.. , , . *
- e 6., :....
- s
. s *k. . sQi;(
o
. . . . , *n :- r f. . : . ,
h 8 .
90 10 00 g
j 91 11 -
Cet '
60
- i 111*19n0 i
WNISlH0 H00d .
- . ", . =**
- - -e -
, RFP RS-RES-80-176 Page 37 of 5 P00R ORIGINAL.
b .- The local thermal hydraulic conditions were calculated from codes matched by measured boundary conditions at tne core inlet and exit. l Recent tests are also subject to checking through in-core measurements.
'Y 3 .' Film Boiling Models are Correlations l l
l Many correlations for film boiling heat transfer are in existen e (Reference 1). Among them are those by Condie/Bengston (Reference 7),
D.ougall/Rohsenow (Reference 8), Groenoveld (Reference 9), Groenoveld/ Delorme (Reference 10) and Chen (Reference 11). The last two are of particular interest since non-equilibrium quality is included in the correlations.
However, all the correlations are based upon tube data and tend to under-predict the heat transfer coefficient in rod-bundles, except the Dougall/
Rohsenow equation (Figure 2). It is speculated that bundle heat transfer is more efficient than the tube heat transfer due to the effect of grid spacers (Reference 12). The applicability of the Dougall/Rohsenow equation to broad data base is yet to be established. Careful measurements of non-equilibrium enthalpy partition must be made before the applicability of any existing correlations can be checked and/or a new phenomenological correlation, if needed, can be formulated.
- 4. Transition Boiling Correlation I
Many transition boiling correlations are in existence (References 13, 14, 15, i 16 and 17). The comparison of these correlations shown in Figure 3
. i
I
, ,' , . RFP RS-RES-80-176 :
Page 38 of 55 l
1 1400
- LEVEL H h ( A DougaL1-Rot'senow 1000 o
, a Groeneveld $
s- u M\ h ~
4*
s g
g a: 1000
~ BOO a:
E hr \-
~ h.pData E 2 --
~ 4 -
-m 2
$ 800 N
- SR 3
- SR 3 kC. ~ - - -
T 700 f .
o = TE-307AH
= TE-326CH -
d 600 600 .
0 2- 4 6 8 10 12 14 16 18 20 .
TIME (sec) .
~
Figure 2A' (Reference 5) i Comparison of Predicted and Measured Cladding Temperatures for a BDHT Test Using the Dougall-Rohsenow and Groeneveld Correlations. !
P i
4 e
I F i
1
[
f e i
_ . . . - - . . . _ . . . , . . _ . . _ . . . . - . _ . . _ . _ - _ . - . . . . . . - . . . _ . . . . _ - , , . - - , . - .~..
f' l 60 -
Twall = 1200 *F o Rey = 4 9 4.'O n -
N
~-
b Ro 40 -
m
- O
'?
o -
u l . . '
20 i i r
4 o i i- O
- O -
' o ,,
si
- o 3
^ -
- I .
I ~
e? '
" 3 e,5 g @ mo
- . i . n. . . i . w 0 . . .
10 0 20 -
E l 0 i
- LE N GTH (in)
Figure 28 (Reference 12)
! Comparisca of Predicted and Measured Heat Flux for Reflo'o d at 1 inch /s showing the effect of Grid Spacers.
r L!~ . ."
- RFP RS-RES-80-176 Page 40 of 5 5-
- nn;p
' Lb .; . . <
p e v' 3- # ,
9
' I
.[-
y
+
1 v,
'v, 2 _
{ , ,
,e.
y T
' \ , !
9 * ,
y i,
-c ,
10" ll s s_
1 -
v a _ - -
X
-'3 7 _ ,
_J ,
u- s _
3 s _
LJ 1 Symbol Correlation 4 -
O Tong (low press)
O. samu-weisman a Ellion 3 *
~
d Berenson N=3
' + Berenson N=1
- HSU ;
5 2 _ ,
.I r '
I I I 120. 190. Iso, lac. zoo. zzo
- o. 20.0 es.o so.o so.o too. .
TW-TS (C) figure 3 (Reference 18) comparison of Experimental Results with Transition soiling Correlations 2 0 P = 1 bar G = '405 kg/m ,, gys@ = 22 c
r e i ^
RFP RS-RES-80-176 Page 41 of 5 5
-(Reference 18) 111ustrates the large uncertainties which exist in the prediction of this mode of heat transfer. One reason for this uncertainty is the. virtual non-existence of a good physical model based upon direct experi- .
mental data relating to the transient cooling of surface by intermittent liquid contact. Most were based upon inferred information. Direct measure- i ments of frequency and. duration of liquid contact under a wide range of conditions will provide much of the.needed insight and bases for model development. Limited efforts toward that direction has been made by NRC sponsored work at the Oniversity of Ottawa (Reference 19). However, the ;
I measurements were on the amplitude of conductance recorded on a slow moving .
J chart. A faster record of data, with better algorithm would be more useful.
"Such data are to be obtained as shown in item 1 of the specific objectives. l i
e
i
' ,t . - - . . .
RFP RS-RES-80-176-
- * ~ F ' ' * ~ Pagm 42 of 55 l
L
! )
1.
L I t
Specific Objectives ;
l
- 1. Development of instrumentation to measure cooling contributed by <
transient conduction due to intermittent contact of liquid.with heating [
t surface during. transition boiling.
- 2. Development of instrumentation to measure the distribution of heat
'between superheat.enthalpy and latent heat of evaporation during film i
boiling.
- 3. Establishment of data base for post CHF boiling heat transfer in rod ,
bundles (and some in tube, if necessary) for low pressure and low flow rate region. ;
4.. Development of a model based upon physical mechanism and hence, r
correlations for incorporation in code.
- 5. Extension of the model and correlation to range beyond testing conditions ;
in the said project based upon data from large test facilities. !
-i
- 6. Extension of model and correlation for application to the heating rods with external T.C., as used in LOFT.
l
- 7. Providing technical expertise to NRC Review Group Meeting.
1 A
,-n ., , ,-r -- , , - ,- a a
r.
-;. : ..' ~
~
~ '
RFP RS-RES-80-176
'- ~*
- Page 43 of 55-I
' TABLE 33', ,
Ranges of Conditions for Post-CHF Heat Transfer Data t
- 1. Range of Parameters Requested Covered ?
2 G 0 - 2 x 104 lbm/h ft yes ,
0 - 100% yes X
P 30 - 1500 psi yes
' 0 2 yes q 104 - 10 Bhr/h ft Tg to 1800* F yes
- b. Semiscale (Ref. 4)
Completed Tests Mod I reflood Tests, Series III Mod III reflood Tests, 5.07.4, 5.07.5 Integral Test 5.04.6, 5.07.6 2
G 0 - 9 x 104 lbm/h ft X 0 - 100%
P 20 - 60 psi T, <1500'F ,
i Future Tests Integral Test 5-07-6 (repeat)~
l y -
, y g , . , .
' -r 'RFP RS-RES-80-176 Page 44 of 55 l
I-l 2.- Facilities
- a. ORNL (Ref.'5)
- Film Boiling with Upflow Test Series 6 ,
February - July 1980 .
- Film Boiling with Downflow Test Series 7 April - August 1980
- Quasi Steady State Tests
- September - October 1980
[All parameter values can be attained except T,.5 1500*F.) ,
- c. FLECHT (Ref. 6)
- Completed Tests 15 x 15 Low Flood Rate (100 rod bundle) 17 x 17 Low Flood Rate (161 rod bundle)
G 0 - 5 x 104lbm/h ft 2 X 0 - 100%
)
P 20 - 60 psi !
I T,300 - 2000*F i
- Future: 17 x 17 unblocked and blocked 21 and 161 rod bundles
E .
" :L . ..il ' .
i
- ,1 ?J ! a;i, -
RFP RS-RES-80-176 j Page 45 of 55 1 q :: i I
- d. AECL .
Low-Quality and.Subcoated Film Boiling ,
t (Quasi steady State Tests;. tube)
-X to'10%
P 30 - 1500 psi .
T, to 1500*F t
- e. ' RFP' i
Low to Moderate Quality Film Boiling Tests for Rod Bundle Model Development G 0 - 2 x 10 4 X O'- -50%
P 15 - 200 psi 4 6
.q 10 - 10 T ,to 1500'F ,
More emphasis on parametric studies for model development, which cannot be cheaply done in large facilities.
l
'w y --
, .rw.,
e i -
3, I '
RFP RS-RES-80-176 Page 46 of 55 *
~
" ARTICLE'II - PERIOD OF' PERFORMANCE i
3 The performance of ' work described in ARTICLE. I: hereof shall conrnence as of the - ,
effective date of. this-contract and shall- continue to completion thereof, esti-mated to occur within '*
' months after said contract is effective.
- ARTICLE III~- CONSIDERATION AND PAYMENT
- , 1 A. Estimated Cost, Fiked Fee and Obligation l '. It is estimated that the total cost to the Government for full perform-- I ance of this contract will be.$ * , of which the sum of-S - represents the estimated reimbursable costs, and of which 5- * . represents' the fixed fee.
- 2. Total funds currently available for payment and allotted to this con-tract are.$ *
, of which $ -* represents the estimated reimbursable costs, and of. which $
- represents the fixed fee.
- 3. It is. estimated that the amount currently allotted will cover performance of Phase 1 which is scheduled,to be completed
- months from the i effective date of the contract.
B. Payment l
The~ Government shall rcnder payment to the contractor in approximately thirty
'(30) days after submission of. proper and correct invoices or vouchers. '
Additional provisions relating to payment are contained in Clause 5.1-3 of ;
the General Provisions hereto.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES
'A. Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be ,
reimbursed for allowable indirect costs hereunder at the provisional rate of
- percent of
- B. Pending the establishment of. final general and administrative rates [
which shall be negotiated based on audit of actual costs, the contractor '
shall be reimbursed for allowable indirect costs hereunder at the provi-sional rate of
- percent of
- l
. C. Notwithstanding A. and B. of this Article, said provisional overhead and i G&A rates may be adjusted as appropriate during the term of. the contract l upon the acceptance of: such revised rates ~ by the Contracting Officer.
\
l
- *To be incorporated into any resultant ' contract. l L
. M' 1, i ?.
, l U :*
M. ,- , - , , - , . , - , ,, <,,-.O
m >
.]
W %[ RFP RS-RES-80-176
~
Page 47 of 5 5. "
g m . _
~
ARTICLE V. - PRIVATE USE add PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION A. Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records-or other information, documents and '
-material furnished by the Commission-to the contractor in the performance of this contract, or-information developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract. The contractor shall, upon completion or termination of this contract, transmit to the Commission all records _or other information, documents and material, and any copies thereof, furnished by the Commission
' to the contractor or: developed by the contractor in the performance of this contract. '
B. The contractor shall be ~ responsible for . safeguarding from unauthorized dis- !
closure any information or other documents and material exempt from public '
disclosure by the Commission's regulations and made.available to the con-tractor in connection with the performance'of work under this contract. The contractor agrees to conform to all regulations, requirements, and directions ;
ofithe Commission with respect to such material. '
L C. The contractor's duties under this clause shall not be construed.to limit or affect in any way the contractor's obligation to conform to all security regulations and. requirements of the Commission pertaining to classified -
information and material.
ARTICLE.VI' KEY PERSONNEL
' Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer. In such event, the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
ARTICLE VII - TECHNICAL DIRECTION AND AUTHORIZED REPRESENTATIVE is hereby designated as the Centracting Officer's Project i Officer (P0) for technical aspects of this contract. The P0 is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract, p oi~Tssue any unilateral directive whatever.
The P0-is responsible for: (1) monitoring the contractor's technical progress, L . including the surveillance and assessment of erformance, and recommending to the i Contracting Officer changes. in requirements; 2)interpretingscopeofwork;(3)
. performing technical evaluation as required; 4) performing technical inspections 6 and acceptances required by this contract; and (5) assisting the contractor in the resolution of. technical problems encountered during performance. Within the purview of this authority, .the P0 is authorized to review all costs requested for reimburse-ment by contractors and. submit recommendations for approval, disapproval, or suspen-sion for. supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited.in the contract. 4 4
- To-be incorporated into'any resultant contract. l
RFP RS-RES-80-176 Page 48 of 55 For guidance from the P0 to the contractor to be valid, it must: (1) be consistent with the description of. work set forth in this contract; (2) not constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into this contract; (3). not constitute a-basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
ARTICLE VIII - TRAVEL REIMBURSEMENT The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
- 1. Per diem shall be reimbursed at a daily rate not to exceed $
- The per diem amount is comprised of lodging expense plus S for meals and miscellaneous expense.
- 2. The cost of travel by privately owned automobile shall be reimbursed at the rate of.
- per mile.
- 3. The cost of travel by rented automobile shall be reimbursed on a reason-able actual expense basis.
- 4. All common carrier travel reimbursable hereunder shall be via economy class rates when available. If not available, reimbursement vouchers will be annotated that economy class accommodations were not available. First-class air travel is not authorized.
- 5. Receipts are required f'or common carrier transportation, lodging, and miscellaneous items in excess of $ *
- 6. If foreign travel is required in the performance of this contract, General Provision Clause 3.5, " Preference for U. S. Flag Air Carriers," applies.
All foreign travel must be approved in-advance by the Commission on NRC Form 445.
Additional guidance is furnished by FPR l-1.323-3.
- To be incorporated into any resultant contract.
l l
y_.
RFp RS-RES-80-176 Page 49 of 55 l
ARTICLE IX - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING ~~
PLAN (NEGOTIATED)
A. The offeror acknowledges that it is aware of the subcontracting plan require-ments in this provision, and, if it is the apparent successful offeror, agrees to negotiate.a plan which includes:
- 1. Percentage goals (expressed in terms of percentage of total planned subcontracting dollars) for the utilization as subcontractors of small business concerns and small business concerns owned and controlled
- by socially and economically disadvantaged individuals; (For the purposes of the _ subcontracting plan, the contractor shall include all purchases which contribute to the perfonnance of the contract, including a propor-tionate share of products, services, etc. whose costs are normally allo-cated as indirect or overhead costs.)
- 2. The name of an individual within the employ of the offeror who will administer the subcontracting program of the offeror and a description of the duties of such individual;
- 3. A description of the efforts the offeror will take to assure that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals will have an equitable opportunity to compete for subcontracts;
- 4. Assurances that the offeror will include the clause entitled "Utiliza-tion of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals" in all subcontracts which further subcontracting opportunities and to require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000, or in the case of a contract for the construction of any public facility, $1,000,000, to adopt a plan similar to the plan agreed to by the offeror;
- 5. Assurances that the offeror will submit such periodic reports and cooperate in any studies or surveys as may be required by the contract-
.ng agency or the Small Business Administration in order to determine the extent of compliance by the offeror with the subcontracting plan;
- 6. A recitation of the types of records the offeror will maintain to demon-strate procedures which have been adopted to comply with the requirements and goals set forth in the plan, including the establishment of source lists of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals; and efforts to identify and award subcontracts to such small business concerns. l B. The offeror understands that:
- 1. No contract will be awarded unless and until an acceptable plan is negotiated with the Contracting Officer and that an acceptable plan will be incorporated into the contract, as a material part thereof.
- 2. An acceptable plan must, in the determination of the Contracting Officer, provide the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially
~
RFP RS-RES-80-176 Page- 50 of 5 5 and economically disadvantaged persons to participate in the perform-ance of the contract.
- 3. If a subcontracting plan acceptable to the Contracting Officer is not negotiated within the time limits prescribed, the offeror shall be ineligible for an. award. The Contracting Officer shall notify the contractor in writing of his reasons for determining a subcontracting plan to be unacceptable. Such notice shall be given early enough in the negotiation process to allow the contractor to modify the plan within the time limits prescribed.
- 4. Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the con-tract.
- 5. It is the offeror's responsibility to develop a satisfactory subcon-tracting plan with respect to both small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals and that each such aspect of the offeror's plan will be judged independently of the other.
C. Subcontracting plans are not required of small business concerns.
D. The failure of any contractor or subcontractor to comply in good faith with (1) the clause entitled " Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvan-taged Individuals" or (2) an approved plan required by this Small Business and Small Disadvantaged Business Subcontracting plan (Negotiated) provision, will be a material breach of such contract or subcontract.
E. Nothing contained in this provision supersedes the requirements of Defense Manpower Policy 4A or any successor policy.
F. If the prime contract is for a commercial product (defined below), the required subcontracting plan may relate to the company's production of the item ,
sale) generally (both rather than for to solely thethe Government item being contract procuredand for the under regular commercial Government l
contract. In such cases, the contractor shall be required to submit one ;
company-wide, annual plan to be reviewed for approval by the first agency with which he enters into a prime contract (which requires a subcontracting plan) during the fiscal year. The approved plan will remain in effect for the entire fiscal year.
Commercial products are defined as products in regular production sold in substantial quantities to the general public and/or industry at established market or catalog prices.
G.
In negotiating subcontracting plans, the Contracting Officer shall take into account a prime contractor's stated inability to subcontract due to an existing "make-or-buy" policy. A "make-or-buy" policy concerns the major subsystems, assemblies, and components which the contractor manufactures, develops, or assembles in his own facilities, and those which it obtains elsewhere by contract.
u
(L ' -
'i t 4 .t '
iRFP RS-RES-80-176 Page 51 of 55
~ '
1 NOTE';.-
- 1. Business owners who certify to the prime contractor .that' they are members of the following named groups '- Black Americans, Hispanic
' Americans, Native' Americans (the term " Native Americans" means. l American Indians, Eskimos. Aleuts and native Hawaiians) - are to -
.be' considered socially and economically disadvantaged.
P
~
- 2. The Office of Minority.Small Business Capiial Ownership Development' :
in the Small Business Administration shall? answer inquiries from , !
prime contractorsiand others relative to the class of, eligibles.
~ ARTICLE X '- !NCENTIVE SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS !
A. The contractor has established, in its' subcontracting plan, which .is incorporated herein by this reference, the following goals for awards to ;
small business concerns: ;
1.
percent-of the total planned subcontract amount of $
- l to small business concerns, and j
- 2. *' percent of the total . planned subcontract amount of $
- to small business concerns owned and controlled by- socially and <
economically disadvantaged individuals.
B. To.the extent that:the contractor exceeds such subcontract' goals in the ;
performance of this- contract, it will receive
- percent (not'to exceed 10 percent). of the dollar amount of such excesses, unless the
't Contracting Officer' determines that such excess.was not due to efforts by the contractor, i.e. , subcontractor cost overruns or where the actual ,
subcontract amount exceeds the estimated in the subcontract plan; or -
planned subcontracts which were not disclosed in.the subcontract plan during .
- contract negotiation.
C. If the contract is a cost p?us fixed fee type, the! total of the fixed fee and the incentive payments nsade pursuant to this clause is subject to the limitations set forth in FPR ? 3.405-5(c)(2). >
D. Determinations by the Contracting Officer under this paragraph may not be appealed under the provisions of the' Disputes clause.
l
[
- To b'e incorporated'into.any. resultant contract.
b i
- . - 4. . .. ~~.,.s ., .,r,,,
4 RFP RS-RES-80-176 Page 52 of 55 i ARTICLE XI - WOMEN-0WNED BUSINESS CONCERNS SUBCONTRACTING PROGRAM (OVER J
$500,0_00 OR $1,000,000 FOR CONSTRUCTION OF ANY PUBLIC [ACILITY)
(a) The Contractor agrees to establish and conduct a program wh% will enable women-owned business concerns to be considered fairly as subcontractors and
-suppliers under this contract. In this connection, the contractor shall:
(1) Designate a liaison officer who will administer the Contractor's
" Women-0wned Business Concerns Program.
(2) Provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" decisions.
(3) Develop a list of qualified bidders that are women-owned businesses and assure that known wo,aen-owned business concerns have an equitable opportunity to compete for subcontracts, particularly by making information on forthcoming opportunities available, by arrangina solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of women-owned business concerns.
(4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii) awards to women-owned businesses on the source list b and non-minority women-owned business concerns; and (iii) y minority specific efforts to identify and award contracts to women-owned business concerns.
(5) Include the " Utilization of Women-0wned Business Cor.cerns" clause in subcontracts which offer substanital subcontracting opportunities.
(6) Cooperate in any studies and surveys of the contractor's women-owned business concerns procedures and practices that the Contracting Officer may from time-to-time conduct.
(7) Submit periodic reports of subcontracting to women-owned business concerns with respect to the records referred to in subparagraph (4) above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
(b) The contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000 or $1,000,000 in the case of contracts for the construction of any public facility and which offers substantial subcontracting possibilities, provisions which shall conform substantially to the language of this chse, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
(c) The contractor further agrees to require w. itten certification by its subcontractors that they are bona fide women-owned and controlled busine'.s concerns in accordance with the definition of a women-owned business co1cern as set forth in the Utilization Clause 1(b) above at the time of submission of bids or proposals.
i j i. > -
RFP RS-RES-80-176 Page 53 of 55 J
ARTICL E XI -
CONFLICT OF INTEREST (a) Purpose. The primary purpose of this article is to aid in ensuring that the contractor: (1) Is not pieced in a conflicting role because of current or planned interest (financial, contractual, organizational, or otnerwise) 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 herein shall apply to performance or participation by the contractor as defined in 41 CFR s 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of whicn 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 Lice under this contract and employees designated as key personnel, if any, under this contract abide by the provision 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 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate 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 mitigate such I
conflicts. The NRC may, however, terminate the contract for convenience
! if it deems such termination to be in the best interests of the government.
l (e) Access to and use of information. (1) If the contractor in l the performance of this contract obtains access to information, such as l l NRC plans, policies, reports, studies, financial plans, internal data I 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: (i) Use such releasedinformation for any(private to the public; purpose ii) compete for uorkuntil the Comission for the informationbased has been
)
RFP RS-RES-80-176 Page 54 of 55
)
on such information for a period of six (6) months after either the completion of this contract or 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 after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information i has previously been released to the-public by the NRC. '
(?) In addition, the contractor agrees that to the extent it receivcs or is given access to proprietary data, data protected by the ;
Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged l technical, business, or financial information under this contract, the '
contrattor shall treat such information in accordanca with restrictions i placed on use of the information.
(3) The contractor snall have, subject to patent and security provisions of this contract, the right to use technical data it produces ,
under this contract for private purposes provided that all requirements ,
of this contract have been met.
(f) Subcontracts. E xcept as provided in 41 CFR 5 20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the -
government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intenticnal nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate 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 request for w6iver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (l.00) in accordance with the procedures outlined in 520-1.5411. <
i 9
l O %
e e . s' RFP RS-RES-80-176 Page 55 of 55 ARTICL-E XIII- GENERAL PROVISIONS / ALTERATIONS 1
. This contract is subject to the attached provisions of Appendix A, General I Provisions, entitled " Cost Type Research and Development Contracts With Commercial Organizations," dated 2/6/80.
NOTE: AVAILABILITY OF TEXT OF CLAUSES - The complete text of clauses, 'incorpor-ated by reference, is available, for a nominal fee, in the publication ,
entitled " Code of Federal Regulations - 41 CFR l-1.000, Chapter 1 to 2, J Federal Procurement Regulations (Chapter 1)" which may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402. Copies of the complete text of specific clauses 1 are available from the Nuclear Regulatory Commission, Division of Contracts. I Washington, D.C. 20555 and will be furnished upon request. I P
Y
i f.
c.
PART IV Attachments
- 1. 'f4RC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
- 2. ftRC Organization Chart
- 3. Optional Fonn 60 - Contract Pricing Proposal
- 4. Proposal Summary and Data Sheet ,
- 5. General Provisions - Appendix A - Cost Type Research and Development Contracts With Commercial Organizations (2/6/80)
- 6. l'RC flanual Chapter 3202 I .
i 1
1 1
i i
l
g p , ;.;
~~ ~
~
ATTACHMEllT l' -
PART 20-1 -- GENERAL- ,
Subpart 20-1.54--Contractor Organizational Conflicts of Interest l Sec.
20-1.5401 Scope and' policy.
20-1.5402 Definitions.
20-1.5403' Criteria for recognizing contractor organizational :
' conflicts.of~ interest. .
Representation'.
20-1.5404 ,
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 , Special contract provisions.
20-1.5406 Evaluation, findings, and contract award..
20-1.5407- Conflicts identified after award.
- 20-1.5408 (Reserved)
- 20-1.5409 (Reserved) 20-1.5410 Subcontractors. "
20-1.5411 . Waiver. -
20-1.5412 Remedies.
~ AUTHORITY: 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) ,
520-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Commission
.(NRC)-to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing. relationships, if any, with organizations or. persons-(including those regulated by NRC) which may give rise to actual or potential conflicts of-interest in the event' of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is-to be applied so as to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; 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 contract, 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 ~ offerors only. Individuals or firms who have other relat-ionships with NRC (e.g., parties' to a licensing proceeding) are not i covered by this regulation. 1his rule does not apply to' the acquisition of consulting services through the personnel appointment process, NRC ,
1 7590-01 l agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures _ for avoiding >
conflicts of interest will be employed.in such agreements, as appropriate. ,
520-1.5402 Definitions (4) " Organizational conflicts of interest" means that a relationship exists whereby a contractor o'r prospective contractor has present or >
pl.anned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a -
biased work product, or (2) may result in its being given an unfair -
competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) '" Evaluation 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 the NRC in the formulation or administration of its programs, projects, or policies which normally
- require the (.ontractor to be given access to information which has not been made available to the public or proorietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
-(f) " Contractor" means any person, fim, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, hey 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 s 1-1.606-1(e)).
(h)' " Subcontractor" means any subcontractor of any tier which ;
performs work under a contract with the NRC except subcontracts for j supplies and subcontracts in amounts of $10,000 or less.
(i) " Prospective contractor" or " offeror" means any person, firm, '
l unincorporated association, joint venture, partnership, corporation, or :
I affiliates thereof, including its chief executive, directors, key personnel l (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to l .obtain a contract. -
i
-2 l
^ *
- l
~
F. ;r 1
- ,- w; c ,
k
~.ns
. (j) T." Potential conflict of interest" means that a factual situation exists 6that 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.si.gnify those situations which merit investigation prior to contract award in order. to ascertain whether award would give rise to an actual conflict or which'must be reported to the contracting
~
iofficer for' investigation ~1f.they;arise during contract performance.
e 520-1.'5403 Criteria' for recognizing contractor organizational-conflicts of' interest (a) General. .Two questions will be asked in determining whether 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 NRC7 (2) May the contractor,be.given an
- unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of.comon sense and good business
- judgment. based upon the relevant facts disclosed and the work to be
. performed. While it is' difficult to identify and to prescribe in advance a specific method for. avoiding all of the various situations or relationships which might involve' potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which cal1 _ 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 research programs.
'(b) Situations 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 (i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same area to any organization regulated by the NRC.
(ii) Where the offeror-or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates.its own products or services, or the products or services of another entity where the offeror !
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 l
' result in. an unfair' competitive advantage for the offeror or contractor.
l l
'l 1
4 ., g , , ..,.,,e., .g w n..., e- n nwn.
l l
7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in s20-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements 'of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information ;
not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
5 (v) Where the award of a contract might 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 offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the .
RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor ,
ma nufat.urer.
Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp, because it would be placed in a position ,
in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy. '
(2) Example. The ABC Corp., in response to a RFP, proposes to l perform certain analyses of a reactor component which are unique to one
' . type of advanced reactor. As is the case with other technically qualified companies respondira to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp.
projects have any relatrachip to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
(
f ; ., ?
7590-01 Guidance. An NRC ' contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example,. ABC Corp. would be precluded
. from the performance of similar work for the company developing the ;
advanced reactor mentioned in the example.
t (3) Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has. extensive experience with that type of 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 tice. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in'accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of >
developing standards that are important 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 companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that
=the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information 1 has ~ been reported to NRC. Information which is reported to NRC by contractors l 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 inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
1
-S-1 i
b- -
, i.y y
- t. 1 7590-G1 1 (5). Example._ The ABC 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 5 20-1.5403(b)(1)(1), ABC Corp. inforns the NRC that it is presently ..
doing. seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated i by the NRC study.
Guidance. The contracting officer would normally conclude that
. award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 520-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.
(d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential . organizational conflicts { arising from the perfonnance'of a contract is not relevant to a detennination of the existence of such conflicts prior to the award of a contract.
t (2) It'is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract .is awarded on a competitive or a sole source basis.
520-1.5404 ' Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) ' Representation procedure. The following organizational ,
conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation serviccs or f
activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in tne resulting contract. This representation requirement >
shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, however, a statement of the type required by the 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.
'r .' " , .
$NU 7b s 0
4 >
-7590-01 1 2
c 0RGANIZATIONpLLCONFLICTSOFl INTEREST.' REPRESENTATION.
I represent to the best of my knowledge.and! belief that:
.The awa'rd to 'of a. contract or the modification of an
' existing . contract does- ( .) or. does not -( ) involve- situations or: relationships of the type. set forth in 41 CFR 520-1.5403(b)(1).
(c) . Instructions to offerors. The{ following shallibe i_ cluded in n ,
1~ m all NRC solicitations: '(1)lIf the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1) are involved,-or the contracting officer otherwise determines that potential organizational conflicts ~ exist, the offeror shall provide a-statement in writing which describes in a concise manner '
all relevant ~ facts. bearing' on his ' representation to the contracting officer. If the contracting.. officer determines that organizational conflicts exist, the following actions may be taken: (i) Impose appropriate conditions which avoid such conflicts,'(ii) disqualify the offeror, or
-(iii) determine:that it is otherwise in the best interest of the United r5tates to seek award of the contract under the waiver provisions of 520-1.5411.
'(2)'Theirefusal to provide the representation required by l20-1.5404(b) or upon request'of the' contracting officer the facts required by 's20-1.5404(c), shall resultiin disqualification of the offeror for award. LThe' nondisclosure or: misrepresentation: of.any relevant interest maycalso' result inlthe~ disqualification of the offeror for.. award; or if such nondisclosure or misrepresentation is discovered after award, the resultingicontract may be terminated. _The offeror may'also be disqualified from sub uquent 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 RFP unless the RFP specifically prohibits such exclusion; Any such proposed exclusion by an offeror will be considered by the NRC in .the evaluation of proposals. If the NRC consider _s the proposed excluded work to be an essential or integral 3 part 'of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be
~ rejected as' unacceptable.
(e) Th'e offeror's failure to execute the representation required by subsection (b)labove with respect'to invitation for bids will be
. considered to be a minor informality, and the offeror will be permitted -
'to correct'the' omission.
,5L20-1.5405' : Contract clauses ,
l 5 20-1.5405-1 Genera 1' contract. clause ,
l
_=__ _ _ _ _ _ - . -. ,. -. .-- - - . - - - - .-
- , -, . . ,= - .- - . .
y'+
. ;l 4
, - 7590-01'
,t
]
Al'1. contracts J of:the types set forth inl520-l'.5404(b) shall include' the following clauses:~'
T ensuring (a) fthat Purpos'e.1 The primary the' contractor:. 1) Is(purposeiof not placed in this clause is torole a conflicting aid-in. l
.because: of current or planned interest- (financial, contractual, organizational, ,
Lor 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. j
. ('b) Scope. .The restrictions described herein shall apply to l performance' or participation by the contractor ~ as defined in 41 CFR i 5 20-1.5402(f) in the actitities' covered by this clause. ;
'(c)f Work for others. . Notwithstanding any other provision of this f 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 perfonned.under this contract. >
The contractor shall ensure that all employees'who are employed full :
Ltime' under this contract.and employees designated as key. personnel, if i any, under this contract abide ~ by' the provision 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.- l 4
(d) Disclosure after award. (1)'The contractor warrants that to -
'th'e 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 520-1.5402(a). i (2) The contractor agrees tihat if after . award it discovers organizational !
conflicts of interest with respect to this contract, it shall make an ,
ininediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the i contractor has taken or proposes to take to avoid or mitigate such {
i' ' confli cts .. The NRC may, however, terminate the contract for convenience i if it deems such termination to be in the best interests of the goverament. !
'(e) Access to and use of information. (1) If the contractor in i the performance.of this contract obtains access to information, such as i
' NRC plans, policies, reports,' studies, financial plans, internal data J
. 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 i
.such released information to the public;for any(private ii) compete purpose until for work the Commission for the information based has been l k e m l
j# '
+ . ..
n
, L .. l M-7590-01 I
on such information for a period of six (6) months after either the .
completion of. this contract or 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 after the release of such information to the public, or (iv) release the information without-
. prior written _ approval by .the contracting officer unless such information !
i has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the l Privacy Act of 1974,(Pub. L.93-579), or other confidential or privileged ;
l technical, business, or financial information under this contract, the j contractor shall treat such information in accordance with restrictions placed on use of the information. j (3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces '
under this contract for private purposes provided that all requirements of this contract have been met, f
(f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest i- required to be disclosed concerning this contract or for such erroneous e
representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from s@ Sequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 5 20-1.5411.
5 20-1.5405-2 Special contract provisions.
(a)' If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 5 20-1.5411, neutralized through the 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 l but are not limited. to 1
l 1
i I
'0 .-'
- t. -7590-01 h.'
x .
. (1) Hardware' exclusion clauses which prohibit the acceptance of
_ production contracts following a related nonproduction contract previously performed by the contractor;
[ (2)l Software exclusion. clauses;
'h -(3) Clauses which ' require the_ contractor (and certain of his key i
personnel) to avoid certain organizational conflicts of interest;.and (4)' Clauses'_ which provide for protection of confidential data and guard against its unauthorized use.
t 1
(b) The following additional contract clause may be included as ,
section (i) in the clause set forth in 5 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(1) Follow-on effort. -(l) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited
. or unsolicited) which stem directly from the contractor's performance 'of r'
work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical '
consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially ,
4 involved in the development or marketing of such products or services.
(2) _If the contractor under this contract prepares a complete or
! essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual
' effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply. -
-(3) Nothing 4-this paragraph shall preclude the contractor from !
offering or selling its standard commercial items to the government. '
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of $20-1.5404(b) l and other relevant information. After evaluating this information against the criteria of i 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 been determined that conflicts of '
interest exist, then the contracting officer shall either:
(a)- Disqualify the offeror from award, '
i 1
y ,
p-
? ..
7590-01 I
1 (b)' Avoid or eliminate such conflicts by appropriate measures; or- l (c) Award the contract under the waiver provision of 5 20-1.5411.
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified af ter award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 5 20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
< 520-1.5408 (Reserved) l 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from
- subcontractors and consultants. The contracting officer shall require
, the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
1 5 20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Of fice of Executive Legal Director. Upon the recommendation of
' the contracting officer, and af ter consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do 50.
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 performed except by a contractor i whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be i employed by NRC to neutralize the conflict. For any such waivers, the l
justification and approval documents shall be placed in the Public l Document Room.
1
13
~ ' >
7590-01 l m- 520-1. 541'2: Remedies In addition to such other ~ remedies ast may be permitted by law or contract for a breach of.the restrictions in this subpart or for any intentional misrepresentation or intentional; nondisclosure of any relevant interest' required to be provided for this-section, the NRC
-'may debar the contractor from subsequent NRC contracts .
Dated at Washinaton. D.Cthis 27th ' day of March 1979. :
For the Nuclear Regulatory Commission i
] >
w .
Ot < < ik
- Samuel J. Chilk '
Secretary of the Commission i
e t-s
-t P
l' '
I j l
- \
i !
l l
i i
y:., ,- '
y
,9
\ . c. .~.
. Attachment 2 p.
/ l l '$55
\- c bfi!E r g d D3,s i [.
$$$6 is-aie 9' o
w $
! - o = "
h I
N Ow N $ g O 8 B h -
ef,g5 $5 5 5 !55 iD5 Bi5 !"
lsI8
!:)
Ow Ei!3 _ 5!
iz 59 Pl o
oi$
5g5 SEB e5
$$j 2*z fu{l3!
5si
' = h - s e e= oa- _
.:=t>
g
' ~
> o.k $g- 5 i 55555
=g l 89
_'f seses
=
>w 3 I I 1 o.I I
~
l E" -- $$
l p inf o . ---
l EI > $
e- = 6 cm EIr
~
,1 Ch R I l
3 C2 .
m l Es=
.I o65 B35 E=E 68 as" L
6$ '3#
cr"o b,E to gS ,:
.= re a
y Fi 1 g!g=
- air g asys x i- P g ;
0 a 5 o i __.y._ _v
> ,. l a
(c g<
Eb g! ~ ~~ ~
3 55 - U!!gt =
a a =.
Ra :<-
cig<
= da.
e l'J e 3 g .
O w Oy=
OM 3 a >Ft 4 Oh Uh W
e 2
r0s it E5p 4
53 ego 55 e=8 <
6E e
Eg4 9<g
.> r= cg U=5 >
31 >
6g-' aa e>,
h hf i o"y a gEj u j -
x2
@jE
,5
,5 s
.a
- 8 e . 3,,9 = .- ,- , ,
. _ ou va2 *- -
W Oi ilb D E5 O d 55*
95 C C e s:
= ks= o.8 .se- $. .I on
~
N, h h=5 hyI 9 z<- 1 es =
e 08 g:an s on o * :a of
<as as 9 v
< < s
_ gg EE *
=
- r- 1- 7-L . 8 e : :
e _
- yl.s --
'N '
- <! O
. o,.
oto b f
2g o 32 9 Bi* 6"$= 6WE 4- .E- vy B* -. ca$ een
>oa e> r,a =
o- ~ za cza m uy 63$
= z gr -
WI
==
Egr OG.0 5$w go
<g g49 8 -<
o s Bo - a ll' gg 5 9 a .
) i l
- i. - ,, - -+
G., .
.h ea .g' ATTACHMENT 3
- CONTRACT PRICING PROPOSAL orice or M n.r.ement and hdxet (RESEARCH AhD DEVELOPMENT) '
Approvat No. 29-Roln4
0' " " U'#^"
This form is for uw when (/) subminion of cons or pricing data (see FPR l-5.607-3) is required and (si) subsenution for the Optional Form 59 in authorised by the contracting olhcer.
NAmt OF OPPteos $UPPull AND/OW 6ttvect5 to et fueNt%HtD
~
HOmt ddlCE ADDetl$
DIVIS80H(St AND LOCAftON(51 WH9At WOM ta TO St PtAPOAmtD TOTAL AMOUN1 OF PROPOSAL OOV't 50LIC11ATION NO S
DETAll DESCRIPTION OF CO5T ELEMENTS TOTAL REFER.
- 8. DiatCT MAttalAt (ltem,se en Lshe,'r A) (SiCO$i($) EST CO$f' l'NCf 3 ',
a#. PURCHA$tD PART5 db^>
9
- 4. $USCONTRACitD titmS 5h
- r. OfMER--(l) RAW MAftRIAL (J) YOut STANDARD CommteCIAL film'
(,t) lNtttDIVl5lONAL 18ANs9tES ( Al other than cent) s >
1'OTAL DIRECT .M ATERIAL 2 mAttalAL OvtAMIAD' ( R.s ## 4.X3 k se s )
I ESTIMATED R ATE / E$f
- 3. DiatCT LAtoa (spesi/p> HOURS HOUR COST ($)
i i
r
} -
T~01 AL DIRECT LABOR ??:biUtddL*
- P -
I 4. LAtot OVE AHt AD (Speiefe Department er Ceu Center)$ O.H. R Att x DASE = ts? COST (5) i'
-1 i TUTAL LABOR US'ERilEAD {NA 'u W & < ANN 06 ~ '*+ x 5 betCIAL ttsflNO fineludong field uerb at Genernment snaallatiem) t51 COS1 ($)
, TUTAL SPECIAL TF. STING
..e %PECtALtoutPutN1 (if,,Jarert sharge) (Isemise en Irbohor A) 1 itAvtL (if Jerest shargel i Gasr dotado en attached %hedule) ist Cost t5 ;
a IRANSPOtf AfsON 1
~ _ ._
& Pe# Dite De $utsi$ttNCI IUI AL I R A I'El. !
1 0 CONSULTANI$ (Idents[F-purpow-rate) t$fCOSII5)
TUYAL CONSULTA NT\
9 OfMit DittCT Colin (framise en Esaien A) i so TUI AL DIRECT CU\T AND US'IRoll'AU l) Of NERAL AND ADMINi$fRAflVI INPENSE (Rate % e/ seit elemat hs. J' ._ _.
12 ROVAttits ' __ . . . ..
l3 IU I Al. lA ll M A ll U ( U\ l le fie Os Paorti 1s IUI'AI. l..\ ll M A ll U LUYI A %I) ifl. UN VRtblii 1 t WiltlN Al HIRM fits (h esiber l97 6
' v.ane Oo.nwow.
~
- , na
7 I
' g' i
}j This proposel is subneined (or tse u runnutumn wnh and u r3spusse D (Deurs6, UP. aft.)
j.
i ed fallesen uur best estamasca as u( shss date, in accordame with the instructeune en Oderuts and the fuusnuers s hu h fallum.
fYPED NAmt AND 18fLj SiONATutt
[ _ _ _ .
j- t NAmt OprigM1 DAff OF SU6 MISSION EKHlSlT A-$UFFORTING $CHEDULE (Synsfy. If more space is needed, use reeene)
COST fl NO. ITEM DE5calPTION (Set feelmelt 5) 151 COST ($)
t 1 - _ .
, 4'*OmmN**
.m99 L -
I
+
i -.-
a i
1' 6 _ , - -
I 8 HAS ANT (ItCUftVf AGENCY Of THE UNITED STAft1 GOVf tNMENT PtePOAmtD ANY RivitW Of VOUR ACCOUNTS OA RECORDS IN CONNECisON WifH ANY OTHER OOVERNMtNT PRIME L, sNTRACT Oe SUSCONTRACT WifMIN THE P ASI IWELVf MONTHS?
181 NO (l/ pas. odretofy below.)
NAME AND ADDetSS Of AfVifWING OPPIC8 AND INDIVIDUAL TILtPHONS NUM4ER/tITENSION p WILL YOU atOUset IHf USE Of ANY GOVERNMENT PROPitfV IN THE PEAPORMANCE Of THIS PROPOSED CONTRACf7 Yt1 NO fif poi, odentsfp en vreerar er apparate page)
Hi DO YOU SEOUNit GOVERNMENT CONTRACT FINANCING TO PERPOaM THIS PeOPOSED CONTRACT 7 '
ViS NO (t/ yes. # deeds /F.); ADVANCE PAYMtNTS PROCPf 65 PAYMENis Oa O ouAa*NIntD iOAal IV. DO VOU NOW HOLD ANY CONTRACI (Or, de fem Adre day #sdepfedredly feweged (lR(iD) prefrih) POR THE SAmt On SIMIL AR WORE C ALLID fut Of fe#6 PROPoltD CONTRACT?
115 0 HQ (if pen, sdress/p ):
V DOES fMIS COST SUMMAAV CONPORM WifM THE COST PtlNCIPLES Sif PoafM IN AOtNCY REQULAflONS?
0 4tS 0 NO tif no. esplein en reserne er separeer page)
Ana Reevrse for isssencs,ees and Feerneses OPTION Al. FOR M (.n i 10 7 8 )
b 2
a h
si
. .r i 4, b.
~~ - . - -
r
., . . ,, s
- e .* 4 4', u, j i
i
? v INSTRUCTIONS TO OFFERORS
- 8. Ihr purpms ut ahn luem es su provsde a uandard form e by which L When assas hmens of suppueims s uss ur pru mg daia au shn s.sren i, j she userue .whmus su she (.uternment a summary of ina tstred end imprasinable, the data mill be dreirehrd (u oth askednIr as ,olilm.pos.,ul, -
esissn eed sma, (anal .rtiashed suppertong enfermatoeni sunable for de, and made available su she superaising ushier ur hn repre sensause upsm
, sedad rcen* and analyiss pruer su she award of a sunerats resulsing request.
stum s'ene peupo.44 the uNcrue shall. under she sundisions sessed m l ph s.4 seu?-4 he requered en submis a Cers hcare s.f Current CAM Ur 4. The ormass fur ibf Tutj l rment%" and sbe 'propsnesi ( umr4s l Pru sus Data (her t pH 1 4.no7-4 t h) and 6 6.1607-4). I stimate" are nus intended 4 regial arquierenensi, 't hyse mas he pei sensed in diferens formas wish she prior appru,48 of she ( unuaiems J, in addssion su'she specifis' informasson required by this form, the (Wer of required for more efri-sive and enusens psewm sum. In all eRrror as espested, in good fanh, su incorporate in and submit wnh usher respessa this form will be cumplesed and tuhnusard m esimus ;
sha form any addeniunal desa, suppuriing otheilulens or substantiation shange. ,
w hos h are ressunably required fur the sunduce of an appropr:4:e re. P s arm and analy.es m the hght of she specifit facts of this procuremens. S Ily submission of shu propunal she oderug grants su the Cemirasimg tur efitissve negesianons, se en essenseal shan there he a alear under. Ogiter, or his authoriad repre ens ove, the right en enament, sur she l- . wamimg of. - purpose of verifying the cuts or pru mg das, submetied, thuw bu..b, records, dutumenu and usher suppurung data u hu h mill permu mie l 4 't he emissing, s erdiable desa, . ' quase evaluassun of seth suis or pening Jas4, along m eth the sininputa.
h The guJgmental fassurs appbed m ruietting from knumn das, tusne and procernuns used sherem. 'Ihes righs may lw enero rd m um-su rise ensimere, and nesison enh any negunanons prior su tuntrats award.
se The aimsmsem ses used by the uRetur in lu. proposed prue.
j' in el. ors, she u4rsor's enumasing prm ess asself needs su he disclosed.
FOOTNOTES
.I e norr on thus solumn these ersesserr and reasonable renti u hnh on ob .I ladonale the rates ***d and p*=o odt an *<pp"proat* t'planato*" N he
- inJument of the offerer u diprelserly be n urred on the up, ores performanse agreement has bron reasbrJ u nch toenernment vrperunken e, en the ner */
of the sentrase. n ben aany of car sests on this solnau hace already been forunord pronong races, deusehr the nature of the agreement Preside the s vn.arred le x , en a looser sentrast er shange erJert, Jou rohr ehem en an mothed */ semperatoen and erppin.otten af reur oorrhead ripense. oududmx annhed supportag uhrdult. IJantofy all sales and tran,fres brouwen yene rest breakdeu n and shou eng trends and budget.ory J.ota as ur.ruarr en pesete, doourent, er organosahen, ander a namnoen sentrol, uhish are m. pren ale a basin for realuatoen of the trasenablenau of propond rain.
s JudrJ.et other th,on the louer of sent to the orgmal transferror er surrent j m.orert pene. 4 If the tehol sea usarrrJ here os nu turn of $2su, prenJr en a sali.orato ,
p oge obe felleuing informatoen en rash uparate osem e{ r" paler *r luvuur '!
- 2 n han sbane on addorum to that anadable in Lshobit A is requirrJ. ab for
- naar and nJJern of turnier; Jate of intuir agreentrut. Patent unm-tash upar.orr pasn an eneswry and odenkfr on thus "Referense" nelame bars, p utent oppfosation serwl nunken, or erber bain en u huh the rerafer the atemhwret in uhnh the on/ermatoe supperling the synopc rea riement is payab(r; bru mar be found. No aandard format is prenershed, benroer, obe na er pen. u,te,,s ;te, ,f,drurspreen,
, ,,penent er, indadong u nna theanr partner royals, modelperegnuge parable; unahres oferrash ons data maa he anuvato, sempirer and surrent, and the judgarnt faaers dellar esto of royalty per unio; unit true of sentrast olem; u n wher */
used m protestmg from the dau to obe rannaan maa he statrJ in mpisorat mean; and tout dellar amener of repaltors. In addason, of sposopsalir vr- ,
Jruoi to en,oble obe i entrastong Ulp er to runis<otr Ihr propeurt. ler es- quensed by the rentraains opstr, a wpr of the surrent losener agreement zi ample, prooide Ihr baus mud for renong matermin sush an br osador que- and idento)learoon of appfvable slaim of synops pateau sh,oll be prenalnl utmne, shop earwatts. er oneur pruen the tranen for an of narrbred rates uhuh Japart signspsantir from esternesed rates (redused nefame, a , pr,,,Je a I;,e ,f p,,,,jp,,1 y,,, u.ith, oa,b gateg,rp ondmarong kuun u ,
planned major vr arrangement. ch.l; er justi)isation for an inser<rse in er anta,, pared ,,,rse, y,,a,, tap, an,o peur, ren,preason ehtarned, ,oud hasn
- laher oatre (netunpatrJ u near and wlary unaeases, etc.). Idenerfy and e' et rashinhing seurre and renianablenau of rea.
plaon any sentengensors uhnh are ondaded in the propend prier, such as ' ,
anonipated penn af repuses and defessior u erk, er notisipated orchenal s dothenlters, t
CONilHUAflON OF EXHINT A-5UPPostflNO SCHEDULE AND pf PtitS TO Out5flONS N AND E !
I e
4 i
3 Ol"I' ION Al H pH M f.u ( e si-71 )
t
, .~
1
., v
.e ->
, . .a - .
Attachment 4 .
RFP NO, esOPOSAL
SUMMARY
AND D ATA SHEET Official Name and Accress Of Offeror Pt. ACE O F PE R FORMANCE scarv. County. sna stste)
'OT AL ESTIMATED TIME REQUIREO TO IST Y EAR (Daransa budget reguares) 4TH YEAR '
COMPLETE THE PROJECT TOTAL ESTIMATEO 2NO YEAR ISTH YEAH COSTS 3RO YEAR 1YPE OF CONTR ACT PROPOSCO COST.R E IM BURSE ME NT OCOST4HARINc QCOST.PtuS.Fix Eo FEE O FIXEO PRICE C OTHER f> AME OF aNOlVIOUALIS) AUTHORIZEO TO TITLE TELEPHONE NUMBE R y EXECUTE AND SIGN CONTRACTS t _
l, NAME OF INOlVIOU ALISI AUTHOHlZEO TO TITLE TELEPHONE NUMBER 4f EXECUTE ANO SIGN CONTRACTS I
J
.?
I NUMHER OF EMPLOYEES CURRENTLY EMPLOYE'O DOLLAR VOLUME OP BUSINESS PER ANNUM i
Acceptance Period The of feror agrees to allow days from the date of this proposal for acceptance thereof by the Government (90 days. if not otherwise specified).
N AME AND ADORESS OF COGNIZANT GOVERNMENT AUDIT AGENCY f/U/eC/ OfreC(Or TELEPHONE NUMBER E STIM A T E D HOURS WE E KLY Ct> /'rO/t'Cl Ol'CClOff TELEPHONE NUMt!ER E5 TIM A T E D HOURS WEEKLY W
l 8 3
- ~
4 RF P NO.
PROPOSAL
SUMMARY
AND DATA SHEET )
I
?' Acknowledgment of Amendments The offeror acknowiedges receipt of amendments to the,RFP as follows: l Amendment Number D.a te Signature i
.I t t
Subedhtraggr Infprmation Fureish na'me and , location of organization, description of services, basis for se4ction, respon'sibile per{on employed by subcontractor n d cost information.
a'
- . . . , . - . . . . _.a_.._ . _ . . . . . . _ . _ _ . _ . . . . . . . . _ _ _ .
v
.a . .
f w
,i i
I i
i .
h l ;
I l
i TECHNICAL PROPOSAL
SUMMARY
(A ttacn to this ProposalSummary Data Sheeri A. METHODS (List or summan:e the chronologicalmilestones to be reached throught the y:ar, upon which further l work is based. Outline the basic experirnentalapproa:hes to be taken to reach these milestones.)
B. R ATION AL. (Indicate the underlying princiates and concepts relevant to this work which would justify taking the proposed approa:h to meeting itse staud outectives of this RFP.)
C. F ACILITlE 5 - (Indicate oriefiy the cuantrey ano cuality of space to be mace availaole for this protect.I D. OTHER -(Include brief s*aterrents of eroerrence and a::omoionnments of princes.:' onvest gator anc cthe profession; personnel which are germane to the effort proposed. Do not reference technical picposal or curricute vitae, but acatric t.ne most pertinent informa tion.)
9 h %
'e.- .. e .
J
- 'l
.y 1,
50CiG-ECONOMIC PROVISIONS NO 3.0
' t'.
3.1: Employment of the Handicapped
-3.2 Disabled-Veterans and Veterans of the Vietnam Era
, 3.3 Convict Labor 3.41 Equal Opportunity 3.5 Preference for U.S. Flag Air Carriers
~
3.6 Use of U.S. Flag Commercial Vessels
. 3.7 Buy American Act 3.8 Contract Work Hours and Safety Standards Act - Overtime Compensation 3.9 Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Oisadvantaged Individuals ,
3.10 Utilization of Labor Surplus Area Concerns 3.11 Clean Air and Water PATENT'AND COPYRIGHT PROVISIONS NO 4.0 4.1 Patent Rights - Acquisition by the Government 4.2 Patent Indemnification of Government by Contractor 4.3 Rights in Copyrightable Material Under Contracts 4.4 Copyright Indemnification of Government 4.5 Notice and' Assistance Re,garding Patent and Copyright Infringement FINANCIAL AND TERMINATION PROVISIONS NO 5.0 5.1 Limitation of Cost 5.2 Limitation of Funds 5.3 Allowable Cost,. Fixed-Fee and Payment 5.4 Allowable Cost and Payment 5.5. Negotiated Overhead Rates 5.6- State and Local Taxes 5.7 Termination for Default or for Convenience of the Government i
l l
^
~
\
. ,k
s _.c Rev: 11/80 Pages 1 through 61 GENERAL PROVISIONS CONTENTS APPENDIX A - COST TYPE RESEARCH AND 4
DEVELOPMENT CONTRACTS WITH COMMERCIAL ORGANIZATIONS GENERAL NO 1.0 1.1 Definitions
- 1. 2 Assignment 1.3 Assignment of Claims , t
- 1. 4 Officials Not to Benafit 1.5 Standards of Work
- 1. 6 Notice Regarding Late Delivery 1.7 Covenant Against Contingent Fees
- 1. 8 Interest
- 1. 9 Disputes 1.10 Notice to the Government of Labor Disputes 1.11 Audit 1.12 Examination of Records by Comptroller General 1.13' Order of Precedence 1.14 Stop Work Order 1.15 Contractor Organizational Conflicts of Interest - Definitions 1.16 Contractor Organizational Conflicts of Interest - General Contract Clause 1.17 Dissemination of Contract Information 1.18 Private Use of Contract Information and Data 1.19 Drawings, Designs, and Specifications 1.20 Proprietary Data'and Confidential Information 1.21 Privacy Act Notification.
1.22 Privacy Act PERFORMANCE PROVISIONS NO 2.0 2.1 Permits 2.2 ' Safety, Health and Fire Protection 2.3 Key Personnel 2.4 Security 2.5 Subcontracts 2.6 Consultant or Other Comparable Employment Services of Contractor t Employees
- 2. 7 Litigation and Claims
, 2.8 Excusable Delays 2.9 Changes 2.10 Inspection 2.11 Required Source of Jewel Bearing 2.12 Government Property m -W
y ;, .
l l
APPENDIX A U.S. NUCLEAR REGULATORY COMMISSION i GENERAL PROVISIONS FOR COST-TYPE RESEARCH AND DEVELOPMENT CONTRACTS WITH COMMERCIAL ORGANIZATIONS Numerical references which follow the names of the provisions and commence w ith the' number 1 are to the Federal Procurement Regulations,' Title 41, Code of Federal Regulations. -
' GENERAL NO. 1.0 4
1.1 Definitions (1-7.10b 1)
As used throughout this cc.ntract, the.following terms shall have the meaning set forth below:
(a) The term, " head-of the agency" or " Secretary" as used herein means the Secretary, the Under Secretary, and Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person u persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the secretary.
(b) The-term " Commission" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the
' Contracting Officer except for the purpose of deciding an appeal under the.
article entitled " Disputes.
(c) _ The term '_'Contractirg Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian
_ employee who is a properly designated Contracting Officer; and the term includes, except as otherwise providad in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.
(d) Ex' cept as otherwise provid'ed in.this contract, the term
" subcontracts" includes purchase orders under this contract.
1.2 Assignment Except as stated in Provision No. 1.3, neither this contract nor any 1 interest therein nor claim thereunder shall be assigned or transferred by the l contractor except as expressly authorized in writing by the Contracting O f ficer.-
l'. 3 Assignment of Claims (1-30.703) j
.'(a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due l
.. i e
y ye ---w---W =tw-Fg = wt v '
l j' >
y, l
0 2 l
" the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution.. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except.that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or tu become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff.
(The preceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act and is with the Department of Defense, the General Services Administration, the Energy Research and Develop-ment Administration (The Energy Research and Development Administration is now the Department of Energy), the National Aeronautics and Space Administration, the Federal Aviation Administration, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41).
(b) In no event'shall copies of this contract or of any plans, specifica-tions, or other similar documents relating to work under this contract, if marked " Top Secret," " Secret," or " Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, e copy of any part or all.of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting
~
Officer.
1.4 -Of ficials Not to Benefit (1-7.102-17)
No member of or delegate to Congress,, or' resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that ,may arise therefrom; but this provisions shall not be construed to extend to this contract if made with a corporation for its general benefit.
- 1. 5 Standards of Work (1-7.302-3)
. The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards.
. 1.6 Notice Regarding Late Delivery (1-7.204-4)
In the event the Contractor encounters difficulty in meeting the performance requirements, or anticipates dif ficulty in complying with the contract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Provided, however, that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract
' delivery schedule or date~, or any rights or remedies provided by law or under this contract.
3 1.7 Covenant Against Contingent Fees (1-1.503)
(a) Warranty - Termination or deduction for breach.
The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established cc.nmercial or selling agencies maintained by the contractor for the purpose of securing business.
For breach or violation of this warrancy the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
(b) Subcontracts and purchase orders.
Unless otherwise authorized by the Contracting Officer in writing, the contractor shall cause provisions similar to the foregoing to be inserted in all subcontracts and purchase orders entered into under this contract.
1.8 Interest (1-7.203-15)
NotwithstMding any other provision of this contract, unless paid within 30 days, all amounts that become payable by the Contractor to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code) shall bear interest at the rate determined by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97. Amounts shall be due upon the earliest of (a) the date fixed pursuant to this contract; (b) the date of the first written demand for payment, consistent with this contract, including demand consequent upon default termination; (c) the date of transmittal by the Government to the Contractor of a pro-posed supplemental agreement to confirm completed negotiations fixing the amount; or (d) if this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or in connection with a negotiated pricing agreement not confirmed by contract supplement.
' 1. 9 Disputes (1-7.102-12)
(a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C 601 et seq.). If a dispute arises relating to the contract, the contractor may submit a claim to the Contracting Officer who shall issue a written decision on the dispute in the manner specified in FPR 1-1.318.
, (b) " Claim" means:
(1) A written request submitted to the Contracting Officer; (2) For payment of money, adjustment of contract terms, or other relief;
J l
4
'(3) Which is in dispute or remains unresolved after a reasonable time
- for its review and disposition by the Government; and (4) For which a Contracting Officer's decision is demanded, n i
.(c). In the case of disputed requests or amendments to such requests for payment exceeding $50,000, or with any amendment causing the total request in dispute to exceed $50,000, the Contractor shall certify, at the time of submission as a claim, as follows:
I certify that the claim is made in good faith, that the supporting data ,
.are accurate and complete to the best of my knowledge and belief; and that the l amount requested accurately reflects the contract adjustment for which the contractor believes .the Government is liacle.
(Contractor's Name)
-(Title) ,
(d) The Government shall pay the contractor interest:
(1) On the amount found due on claims submitted under this clause; (2) At the rates fixed by the Secretary of the Treasury, under the '
Renegotiation Act, Pub. L. 92-41; (3) From the date the Contracting Officer receives the claim, until the Government makes payment.
(e) The decision of the Contracting Officer shall be final and '
- onclusive and not n:bject to review by any forum, tribunal, or Government agency unica an appeal or action is timely commenced within the times specified by the Contract Disputes Act of 1978.
(f) The Contractor shall proceed diligently with performance of this contract, pencir.g final resolution of any request for relief, claim, appeal or action related Y.o the contract, and comply with the decision of the Contracting Officer.
1.10 Notice to the Government of Labor Disputes (1-7.203-3)
. _(a) Whenever the Contractor has knowledge that any actual or potential -
labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice thereof, including all. relevant information with respect thereto, to-the Contracting Officer.
(b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor l dispute may delay the timely performance of this contract; except that each !
such subcontract shall provide that in the event its timely performance is l j
delayed or threatened by delay by an actual or potential labor dispute, the subcontractor shall immediately notify his next higher tier subcontractor, or j
i ,
I 1
5-the Prime Contractor, as the case may be, of all relevant information with respect to such disputes.
1.11 Audit (1-3.814-2)
(a) General. The Contracting Officer or his representatives shall have the audit and inspection rights described in the applicable paragraphs (b),
(c) and'(d) below.
(b) Examination of costs. If t.his is a cost-reimbursement type, incentive, time and materials, labor hour, or price redeterminable contract, or any combination thereof the Contractor shall maintain, and the Contracting Officer or his representatives shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. Such right of examination shall include inspection at all reasonable times of the Contractor's plants, or such parts thereof, as may be engaged in the performance of this contract.
(c) Cost or pricing data.. If the Contractor submitted cost or pricing data in connection with the pricing of this contract or any change or modifi-cat hn thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the United States Government shall have the right to examine all books, records, docu-ments and other data of the Contractor related to the negotiation, pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. Additionally, in the case of pricing any change or modification exceeding $100,000 to formally advertised contracts, the Comptroller General of the United States or his representatives who are employees of the United States Government shall have such rights. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, 'ng with the computations and projections used therein.
(d) Availability. The materials described in (b) and (c) above, shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of 3 years from
, the date of final payment under this contract or such lesser time specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20) and for such longer period, if any, as is required by applicable statute, or by other clauses of this contract, or by (1) and (2) below:
(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of 3 years from the date of any resulting final settlement.
l I
I 6
I (2) Records which relate.to appeals under the " Disputes" clause of this contract, or' litigation or the settlement of claims arising out of the performance i of this contract, shall be made available until such appeals, litigation, or i r claims have been disposed of. l (e) 'The Cnntractor shall insert a clause containing all the provisions of this clause, including.this paragraph (e), in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the Contracting Officer under the Government prime contract.
(f) Reportt. The Contractor shall furnish such progress reports and schedules, financial and cost reports and other reports concerning the work under this contract as the contracting officer may from time to time require.
1.12 Examination of Records by Comptroller General (1-7.103-3)
(a) This' clause is applicable if the amount of this contract exceeds
$10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising. ,
(b) The Contractor agrees that the Comptoller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract or sucn lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal P.ocurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.
(c) The Contrau.or further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized repre-sentatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term " subcontract" as used in this clause excludes (1) purchase orders not exceeding $2,500 and (2) subcontractors or purchase orders for public utility services at rates established for uniform applicability to the general public.
(d) The periods of access and examination described in (b) and (c),
above, for records which relate to (1) appeals under the " Disputes" clause of this contract, (2) litigation or the settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. P k,
l 7
l'.13 Order of Precedence l
- In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by given precedence in the following order: .
(a) the Schedule; (b) the Statement of Work; (c) the General Provisions; F (d)~ other provisions of the contract, whether incorporated by reference or
- otherwise; and (e) the contractor's technical proposal, if incorporated in :
the contract by reference or otherwise.
'1.14 Stop Work Order ;
. (a) 'The Contracting Officer may, at any time, by written order to the f Contractor, require the Contractor to stop all, or any part, of the work i called for. by this centract for a period of ninety (90) days after the order-
.is delivered to the Contractor,;and for any further period at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued. pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the :
order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contractor Officer shall either:
(i) cancel.the stop work order, or (ii) terminate the work covered by such order as provided in the 4
" Default" or the " Termination for Convenience" clause of this contract.
s (b) If a stop work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. .An equitable adjustment shall be made in the delivery schedule, ,
the estimated cost, the fee, or a combination thereof, and the contract shall be modified in writing accordingly, if: -
(i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of l any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty-(30) days after the end of the period of work stoppage; provided that, .
if. the Contracting Officer decides the facts justify such action, he may -
receive and act upon any such claim asserted at any time prior to final payment
, under this contract. -
(c) If a stop. work order is not cancelled and the work covered by such l order is terminated for the convenience of the Government, the reasonable ;
costs resulting from the stop work orser shall be allowed in arriving at i the termination settlement. ]
l
-J
_- _______u -, . . . _ . _
.a......_ _ , , _ . . . _ . .I
1 8
-(d) If a stop' work order is not cancelled and the work covered by such
-l order is terminated for default, the reasonable costs resulting from the l'
, stop work order shall be' allowed by equitable adjustment or otherwise.
1.15 Contractor Organizational Conflicts ~of Interest - Definitions (41 CFR J 20-1,5402)'
(a) "Organizatio'nal conflicts of interest" means that a relationship
. exists whereby a contractor or prospective contractor has present or planned interests related to the work to be pufunned under an NRC contract which:
(1).May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) " Evaluation 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 the NRC in the formulation or admini-stration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made avail-able to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in S 20-1.5401(c).
(f) " Contractor" means any person, firm, unincorporated associatic.1, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(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 1-1.606-1(e)).
(b) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(i) " Prospective contractor" or "of feror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or af filiates thereof, including its chief executive, directors, key personnei (iuentified in the proposal), proposed consultents, or subcontractors, sub-mitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
__ , y . . . . . . _ _ __ _ _
l 1 4 .
g 9
(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 con-tract award'in order.to ascertain whether award would give rise to an actual' conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
1.16 Contractor Organizational Conflicts of Interest - General . Contract' Clause - (41 CFR 20-1.5405-1)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed on a conflicting role because of ,
current or planned interest (financial, contractual, organizational, or other-wise) 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 herein shall apply to performance or participation by the contractor as defined in 41 C/R 920-1.5402(f) in the activities covered by this clause.
(c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees.to forgo entering into consulting or other contractual arrangements with any firm or organization,.the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if'any, under this contract abide by t the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual e 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 'icvm any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(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 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 mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information, t
t
. ~ . ..__,,m,
E f I
L -10 (1) If:the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internsi data protected by.the Privacy Act of 1974 (Pub. L.93-579), or >
data which has not bpen released to the public, the contractor agrees not to:
(i) Use such information for any private purpose until the information hasbeenreleasedtothepubjic; (ii)' compete for work.for the Commission based on such information for,a period of six'(6) months after either the completion of this contract or 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 after the release of such information to the public, or (iv) release the infonnation without prior written ' approval by the contracting officer unless such information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that to the extent it receives or
'is given access to proprietary data, data protected by the Privacy Act of 1974
.(Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this centract, the contractor shall treat such information in'accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this contract, the right-to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the contractor +
shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " contracting of ficer," shall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations
' as nacessarily. imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and t pursue other remedies as may be permitted by law or this contract.
(h). Waiver. A request for waiver under this clause shall be directed in writing through the contracting of ficer to the Exc-cutive Director for Operations (EDO) in accordance with the procedures outlined in $20-1.5411.
1.17 Dissemination of Contract Information The contractor shall not pLblish, permit to be puolished, or disseminate i to the public any information. oral or written, concerning the work performed i
e .
. , , , . _s __. __-m . . . - . . .
'3 .
j l
11
-under this contract without the prior written consent of the Contracting I Officer. Two copies of any information proposed to be published.or disseminated shall be submitted to the Contracting Officer. Failure to comply with this clause shall be grounds for termination of this contract. j 1.18 Private Use of Contract Information and Data i Except as otherwise specifically authorized by Provision No. 1.17, publication of contract work of this contract, or as otherwise approved by the j Contracting Officer, information and other data developed or acquired by or j furnished.the contractor in the performance of.this contract, shall be.used only in connection with the work under this contract. j 1.19 Drawings, Designs, and Specifications i All drawings, sketches, designs, design data, specifications, notebocks, i technical and scientific data, and all photographs, negathes, reports, find-ings, recommendations, data and memoranda of every description relating thereto, as well as'all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the i contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without'any claim en the part of the contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the contractor to. retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The contractor's right of retention and use shall be subject to the ;
security, patent, and use'of information provisions, if any, of this contract. -
1.20 Proprietary Data and Confidential Information '
In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquirc, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L 93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public.
Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or ,
in part to any other person or organization except as may be necessary to i perform the work under this contract. Contractor agrees to return such informa- '
tion to ths Commission or otherwise dispose of it s'ther as the Contracting Officer mty from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon; completion or termination of this contract. Failure to comply with this clause shall be grounds for termination of this contract. ,
i
y L
12 1.21 Privacy Act Notification (1-1.327-5(b))
This procurement action requires' the contractor to do one or more of the following: design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.
- 1.22 Privacy Act (1-1.327-5(c))
-(a) The contractor agrees:
l' (1) To comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, or operation of any system of. records on individuals in order to accomplish an agency function when the contract.specifically identifies
.(i) the system or systems of records and (ii) the work to be performed by the contractur in terms of any one or combination of the following: (a) design, (b) development, or (c) operation; (2) to include the solicitation notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation when the statement of work in the proposed subcontract requires the design, development, or operation of a system of records on individuals to accomplish an agency function; and (3) to include this clause, including this paragraph (3), in all.
subcontracts awarded pursuant to this contract which require the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved where the violation concerns the design, develop-ment, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency where the violation concerns the operation of a system of records on individuals to accomplish an' agency function. For purposes of l
the Act when the contract is for the operation of a system of records on individuals to accomplish an agency function, the contractor and any employee of the contractor is considered to be an employee of the agency.
(c) The terms used in this clause have the following meanings:
(1) " Operation of a system of records" means performance of any of the activities associated with. maintaining the system of records including the collection, use, and disseminaticn of records.
(2) " Record" means any item, collection, or grouping of information about an. individual that is maintained by an agency, includinj but not limited l
l 4 '.
. . . ~ . _ _
.1 <
e 13 l
.to, his education, financial ' transactions, medical history, and criminal or employment history and that contains his name, or the . identifying. number, -
symbol, or.other identifying particular assigned to the individual, such as a finger or voice print or,a photograph.
(3) " System of. records" on individuals means a group of any records under the. control of any agency from which information is retrieved by the name of the . individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
^
PERFORMANCE PROVISIONS NO. 2.0 2.1 Permits !
Except as otherwise directed by the Contracting Officer, the contractor shall. procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract '
is performed.
2.2 Safety, Health, and Fire Protection ,
The contractor shall take all reasonable precautions in the performance ~'
i of the work under this' contract to protect the health and safety of employees '
and of members'of the public and to minimize danger from all hazards to life ;
and property and shall comply with all health, safety, and fire protection !
regulations and requirements (including reporting requirements) of the Com-mission and the Department of Labor. [
In the event that the contractor fails i to comply with said regulations or requirements, the Contracting Officer [
may, without prejudice to any other legal or' contractual rights of the. l
. Commission, issue an order stopping all or any part of the work; thereafter, i
~
a start order for resumption of work may be issued at the discretion of the ;
Contracting Officer. The contractor shall make no claim for an extension of '
time or for compensation or damages by reason of or in connection with such )
work stoppage.
(
2.3 Key Personnel (1-7.304-6) >
The' personnel.specified in this contract are considered to be essential ;
to the work being performed hereunder. Prior to diverting any of the '
specified individuals to other progams, the Contractor shall notify the ,
Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation i of the impact on the program. No diversion shall be made by the Contractor !
without the written consent of the Contracting Officer: Provided, That the l' Contracting Officer may ratify in writing such diversion and such ratifica- t tion shall constitute the consent of the Contracting Officer required by ?
.this clause. The attachment to this contract may be amended frem time to !
time during the course of the contract to either add or delete personnel, [
as appropriate, r
r
~
W . . . - - . - -
14 2.4. Security (a) Contractor's duty to safeguard Restricted Data, Fomerly Restricted Data, and other classified information. The contractor shall, in accordance
, with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data,-Formerly Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly
_, provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract.
If retention by the contractor of any classified matter is required after the completion or termination of the contract and such retention is approved by the Contracting Officer, the contractor will complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the Contracting Officer, the. security provisions of the contract will continue to be applicable to the matter retained.
(b) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission.
(c) Definition of Restricted Data. The term " Restricted Data," as used in this clause, maans all data concerning (1) design, manufacture, or utili-zation of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.
(d) Definition of Formerly Restricted Data. The term "Formerly Restricted Data," as used in this clause, means all data removed from the Restricted Data category under section 142 d. of the Atomic Energy Act of 1954, as amended.
(e) Security Clearance Personnel. The contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or recuirements applicable to the particular type or category of classified information to which access is required.
(f) Criminal Liabilities. It is understood that disclosure of Restricted Data, Formerly. Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data. Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract,
, 1 i
'15 may subject the contractor, its agents, employees', or subcontractors to criminal-liability under the laws of the United States. (See the Atomic Energy Act of
. 1954,;as amended, 42 U.S.C. 2011 st seq.; 18 U.S.C. 793 and 794; and Executive Order 11652.) ;
.(g)'.Sub:ontracts and Purchase Orders. Except as otherwise authorized in writing by tre Contracting Officer, the contractor shall insert provisions similar to tne. foregoing in all subcontracts and purchase orders under this contract. t (h) In performing the contract work, the contractor shall assign ,
I
- c1cssifications to all documents, material, and equipment originated or gen-stated by the contractor in accordance with classification guidance by. the '
Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of clu sified documents,-material, or equipment shall. provide that the subcontract 9r or supplier shall assign classifications ,
to all such documents, material, and equipmen*. in accordance with classification l guidance furnished by the contrLctori
?.5 Subcontracts (1-7.402-S) .
, (a) The Contractor shail notify.the Contracting Officer reasonably in advance of entering into any subcontact which (1) is cost-reimbursement type,
- time and materials, or labor-hour, or (2) is fixed price type and exceeds in dollar amount either $25,000 or 5 percent of the total estimated cost of this ,
contract, or-(3) provides for the fabrication,. purchase, rental, installation ,
or other acquisition of special test equipment having a value in excess of i
$1,000 or of any items of industrial facilities, or (4) has experimental, developmental or research work as one of its purposes.
'(b) In the case of a preposed subcontract which is.(1) cost-reimbursement
- type, time and materials, or labor-hour which would involve an estimated !
amount in excess of $10,000, including any fee, (2) is proposed to exceed
$100,000, or (3)is one of a number of subcontracts under this contract with a :
single subcontractor for the same or ralated supplies or services which, in the aggregate are expected to exceed $100,000, the advance notification required by (a), above, shall include.
(1) A description of the supplies or servies to be called for by the ;
subcontract; l
. '(2) Identification of the proposed subcontractor and an explanation of
- why and how the proposed subcontractor was selected, including the degree of- :
competition obtained; (3) 'The proposed subcontract price, together with the Contractor's cost or price analysis thereof; ;
,(4) The subcontractor's current, complete, and-accurate cost or pricing /
data and Certificate of Current Cost or Pricing Data when such data and certificate are required by other provisions of this contract to be obtained i from the subcontractor; i l: :
E 4
. .a, .L ~ - - - , , m- ,.-
16 (5).-Identification of the type of subcontract to be used;
'(6)' A memorendum of negotiations which sets;forth the principal elements of_the subcontract price negotiations. A copy of-this memorandum shall be, i' >
retained in.the Contractor's file for the use of Government reviewing authorities.
The ' memorandum shall .be in sufficient detail to reflect the most significant considerations: controlling the establishment of initial or revised prices.
The. memorandum should-include'an explanation of why cost or pricing data was, !
or.was not required, and,-if it was not required in the case of any price negotiation-in excess of $100,000, a statement of the basis for determining that the price resulted from or was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. If cost or pricing' data 'was submitted and a certificate of cost or pricing data was required, the memorandum shall reflect the extent to which reliance was not :
placed upon the factual cost or pricing data submitted and the extent to which this data was not used by the Contractor'in determining the total price objective and in negotiating the final price. The memorandum shall also reflect the
- extent to which it was recognized in the negotiation that any cost or pricing data submitted by the subcontractor was not accurate, complete, or current; ,
the action taken by the Contractor and the subcontractor ~ as a result; and the
= effect, if any, of.such defective data on the total price negotiated. Where i the total price negotiated differs significantly from the Contractor's total price objective, the memorandum ~shall explain ,this. difference; (7) When incentives are used, the memorandum of negotiation shall contain an explanation of .the incentive fee / profit plan. identifying each critical '
performance element, management decisions used to quantify each incentive element, reasons for incentives on particular perforscnce characteristics, and '
a brief summary of trade-off possibilities considered as to cost, performance, and time; and' i
(8) The subcontractor's Disclosure Statement or Certificate relating to I
Cost Accourting Standards when such data are required by other provisions of '
this contract to be obtained from the subcontractor.
(c) The Contractor shall obtain the written consent of the Contracting Officer prior to placing any subcontract for which advance notification is required under (a) above. The Contracting' Officer may, in his discretion, ratify in writing any such subcontract; such action shall constitute the
' cons'ent of the Contracting Officer as required by this paragraph (c).
(d) The Contractor-agrees that no subcontract placed under this contract shall provide' for payment on a cost plus-a percentage-of-cost basis. ;
(e). The Contracting Officer may, in. his discretion, specifically approve in writing any of the prcvisions of a subcontract. However, such approval or the consent of the. Contracting Of ficer obtained as required by this c':iuse shall not be. construed to constitute a determination of the allowability of any cost under this contract, unless.such approval specifically provides that i it constitutes a determination of the allowability of such cost.
h, 94'
4 . ..__ . . . _ , _ _ _. . . .__ _ _ __
y y ,
17 :
i f(f) The Contractor shall give the' Contracting Officer immediate notice in writing of any action or suit filed, and prompt notice ~ of any~ claim made against the Contractor.by any subcontractor.or vendor which in.the opinion of
'the Contractor, may result In litigation, related in any way.to this contract, with respect.to.which the Contractor may be entitled to reimbursement from the .
Government.
.. (g) Notwithstanding (c) above, the Contr' actor may enter into subcontracts within'-(i) or (ii) ~of. (a) above, without the consent of the Contracting Officer, +
if.the Contracting Officer has approved in writing the Contractor's procurement system and the subcontract is within the scope of such approval. (This subparagraph.(g) however, shall not be applicable to those subcontracts subject '
'to paragraph (j) below, if any.)
(h) To facilitate small business participation in subcontracting under <
this contract, the Contractor agrees to provide progress payments on the fixed price types of subcontracts of those subcontractors which are.small business concerns, in' conformity-with the standards for customary progress 1 payments stated in the Federal Procurement Regulations, Subpart 1-30.5, y in
- effect on the-date of this contract. The Contractor further agrees that the need for such progress payments will not be considered as a handicap or adverse factor in the, award of subcontracts.
(i) The Contractor shall select subcontractors (including suppliers)'on a competitive basis to the maximum extent ccasistent with the objectives and requirements of this Contract.
2.6 Consultant or Other Comparable Employment Services of Contractor Employees The contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract with the Commission) on the contract work -
to disclose to the contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The contractor shall transmit to the Contracting Officer all information obtained from.such disclosures. The contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his partici-pation in such work, that he will not perform consultant or other comparable
. employment services for another Commission cost-type contractor under its contract with the Commission except with the prior approval of the contractor.
. l
- 2. 7 Litigation and Claims
- (a) Initiation of litigation,. The contractor may, with the prior" 1 -written authorization of the Contracting Officer, and shall, upon the request of the. Commission, initiate litigation against third parties,' including
. proceedings before administrative agencies, in connection with this contract.
The contractor-shall proceed with such litigation in good f aith and as directed.from time to time by the Contracting Officer.
1 I
I l - _ _ _. - _ ,_ _ . . . _ _ , _ . _i
18 (b) Defense and settlement of claims. The contractor shall give the Contracting Officer immediate notice in writing (1) of any action, including any proceeding before an administrative agency, filed against the contractor arising out of the performance of this contract, and (2) of any claim against the contractor, the cost and expense of which is allowable under the clause entitled " Allowable Costs." Except as otherwise directed by the Contracting Officer, in writing, the contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the contractor may with the Contracting Of ficer's approval settle any such action or claim, shall effect at the Con-tracting Officer's request an assignment and subrogation in favor of the Government of all the contractor's rights and claims (except those against the Government) arising out of any such action or claim against the contractor, and, if required by the Contracting Officer, shall authorize representatives of the Government to settle or defend any such action or claim and to represent the contractor in, or to take charge of, any action. If the settlement or defense of an action or claim against the contractor is under-taken by the Government, the contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the contractor is not covered by a policy of insurance, the contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith at the expense of the Government:
Provided, however, the Government shall not be liable for such expense to the extent that it would have been compensated for by insurance which was required by law or by the written direction of the Contracting Officer, but which the contractor failed to secure through its own fault or negligence.
2.8 Excusable Delays (1-8.708)
Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any f ailure by the contractor to make progress in the prosecution of the work hereunder which endangers such perfor-r.ance) if such failure arises out of causes beyond the control and without the fault or negligence of the contracter. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, f reight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the failure of the subcontractor to perform or make progress, and if such failure arises out of causes beyond the control of both the contractor and subcontractor, and without the f ault or negligence of either of them, the contractor shall not be deemed to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtain-able from other sources, (b) the Contracting Officer shall have ordered the contractor in writing to procure such supplies or services from such other sources, and (c) the contractor shall have failed to comply reasonably with such order. Upon reouest of the contractor, the Contracting Officer shall ascertain the facts and extent of such failure and, if he shall determine that e
5 .
19 any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly, subject to the rights of the Government under the clause hereof entitled " Termination for Default or for Convenience of the Government." (As used in this clause, the terms "sub-contractor" and " subcontractors" means subcontractor (s) at any tier.)
2.9 Changes (1-7.404-5)
(a) The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following:
(i) Drawings, designs, or specifications; (ii) Method of shipment or packing; and (iii) Place of inspection, delivery, or acceptance.
(b) If any such change causes an increase or decrease in the estimated cost of, or the time required,for the performance of any part of the work under this contract, whether changed or not changed by any such order, or otherwise affects any other provision of this contract, an equitable adjustment shall be made:
(i) In the estimated cost or delivery schedule, or both; (ii) In the amount of any fixed fee to be paid to the Contractor; and (iii) In such other provisions of the contract as may be affected, and the contract shall be modified in writing accordingly.
Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change; Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled " Disputes."
However, except as provided in paragraph (c) below, nothing in this clause
. shall excuse the Contractr>r from proceeding with the contract as changed.
(c) Notwithstanding the provisions of paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance thereof, shall'not be increased or deemed to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue per-formance or incur costs beyond tne point established in the clause of this contract entitled " Limitation of Cost" or " Limitation of Funds."
20 In the foregoing clause, the period of " thirty (30) days" within which any claim for adjustment must be asserted, may be varied in accordance with agency procedures.
2.10' Inspection (1-7.402-5(c))
The' Government, through any authorized representatives, has the right at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being periormed. If any inspection,.or evaluation is made by the Government on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the I safety and convenience of the Government representatives in the performance of
.their duties. All inspections and. evaluations shall be performed in such a manner as will not unduly delay the work.
2.11 Required Source of Jewel Bearing (1-1.319)
'(a) For the purpose of this clause:
(1) " Jewel bearing" means a piece of synthetic sapphire or ruby of any shape, except a phonograph needle, which has one or more polished surfaces and which is suitable for use in an instrument, mechanism, subassembly, or part without any additional' processing. A jewel bearing may be either unmounted or mounted into a ring or t:ushing. Examples of jewel bearings are: Watch holes -
olive, watch holes - straight, pallet stones, roller jewels (jewel pins), end stones (caps), vee (cone) jewels, instrument rings, . cups, double cups, and orifice jewels. As used herein, the term " jewel . bearings" includes "related items." n.
(2) "Related items" means other synthetic sapphire or ruby components.
Examples of related items are pivots, knife edges, insulators, spacers, windows, and striking surfaces other than pallet stones.
(3) " Price list" means the official U.S. Government Jewel Bearing Price List for jewel bearings produced by the William Langer Jewel Bearing Plant.
This list is issued periodically by the General Services Administration.
(4) " Plant" means the Government-owned William Langer Jewel Bearing Plant, Rolla, N. Dek.
1 (5) " Military Standard Jewel Bearing" means a jewel bearing conforming to Military Specification No. MIL-B-27497 (latest revision) entitled " Bearings, Jewel, Sapphire or Ruby, Synthetic."-
l (b) Jewel bearings required in the performance of this contract shall be '
procured from the Plant at prices established in the price list dated (date to ,
be filled in by Contracting Officer). Each purchase order issued to the Plant 1 under this contract shall include the prime contract number and date of the price list cited above. The Contractor agrees that the quantities, types, and sites (including tolerances) of jewel bearings so orcered will be those required y n
p ,
21' for the performance of this contract. Within 90 calendar days after the effective date of this_ contract, the Contractor shall furnish to the Contracting -
. Officer a certification that the required jewel bearings were ordered pursuant to this clause._ The Contractor agrees to notify the Contracting Officer promptly of the rejection of his (or any subcontractor's) purchase order in whole or in part by the. Plant. The requirement for purchase and use of jewel bearings from the Plant will be waived to the extent of croers rejected because of the Plant's inability to deliver. If such a waiver is. granted, an equitable adjustment shall be made in the contract price or delivery schedule, or both, ,
in accordance with the " Changes" clause of this contract. Further, the require- -
ment for use (but not the requirement for purchase from the Plant) of jewel bearings may be waived by the Contracting Officer when such waiver is determined Dy him to be consistent with established policy.
(c) The Contractor' agrees to_use Langer-made jewel bearings in tne production of subassemblies or end items under this contract or in his commercial production.
(d) Whenever it is necessary for the Contractor or any subcontractor to redesign or reengineer jeweled items in order to satisfy specific performance requirements, the Contractor or subcontractor shall_ provide in such redesign for the use of military standard jewel-bearings. This requirement does not apply when the dimensional tolerances or configurations of military standard jewel bearings are such that their use in the product would prevent attainment of the required' level of performance specified for the item. However, when one or more nonstandard bearings must be used to satisfy performance require- i ments of the jeweled item but military standard jewel bearings will function satisfactorily for other applications within the same item, the item will be required to be redesigned to provide for the use of military standard jewel bearings in such "other" applications. The Contractor or subcontractor is not required to redesign a jeweled item solely for the purpose of converting from the use of nonstandard to military standard jewel bearings. Nothing in this contract shall prevent any Contractor or-subcontractor from voluntarily redesigning a. jeweled item solely to accommodate the use of military standard jewel bearings.
'(e) If at the and of-this contract period, the total quantity of and items actually ordered under this contract is less than the total estimated quantity, and the Contractor, pursuant to paragraph (b) of this clause, has purchased a larger quantity of Langer-made jewel bearings than used in deliveries made under this contract, an equitable adjustment shall be made (if requested by the Contractor within 90 days after the and of the contract period) to reimburse the Contractor for any additional costs resulting from such excess
, purchase but in no event shall-such additional costs cover more jewel bearings than necessary to deliver the total estimated quantity of and items. Such
- excess jewel bearings shall me disposed of as directed by the Contracting Officer. However, such excess jewel bearings may be used in partial satis-faction of the requirements to purchase Langer-made jewel bearings pursuant to paragraph (b) of this clause where a subsequent contract to furnisn similar
~
end. items to.the Government is entered into with the same Contractor. In this situation the requirement to purchase and use jewel bearings from the Plant
I 1
i l
22 l
-will'be waived up to the amount of such excess jewel bearings in Contractor's possession upon submission of a written request by the Contractor. Such request shall contain documented evidence in support of the waiver of purchase
+ and nonuse of such excess jewel bearings. If such waiver is granted, an equitable adjustment to the_ extent of differences in price lists shall be made in~ the contract price in accordance with' the " Changes" clause of this contract.
.(f) The Contractor agrees to' retain for 3 years from the date of final payment under this contract and upon request of the Contracting Officer to
'make available during that period records showing compliance with this clause.
(g) The Contractor agrees.to insert this clause, including this paragraph (g), in every subcontract and purchase order issued in performance of this contract unless he knows that the subassembly, component, or part being purchased does not contain jewel bearings.
2.12 Government Property (1-7.203-21)
(a) The' Government shall' deliver to the Contractor, for use in connection with and under the terms of this contract, the property in the Schedule or s specifications, together with such related data and information as the Con-tractor may request-and as may reasonably be required for the intended use of such property (hereinafter referred to as " Government-furnished Property").
The delivery or performance dates for the supplies or services to be furnished by the Contractor under this contract are based upon the expectation that Government-furnished property suitable for use will be delivered to the Con-tractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet such delivery or performance dates. In the event that Government-furnished property is not delivered to the Contractor by ;uch time or times, the Contracting Officer shall, upon timely written request made by the Contractor make a determination of the delay, if any, occasioned the Contractor and shall kquitably adjust the estimated cost, fixed fee, or delivery or performance date , or all of them, and any other contractual provisions affected by any such delay in accordance with the procedures provided for.in the clause of this contract entitled " Changes." In the event that Government-furnished property is received by the Contractor in a condition not suitable for intended use, the Contractor shall, upon receipt thereof notify the contracting officer of such fact and, as directed by the Contruting Officer, either (1) return such property at the Government's expense or otherwise dispose 'of the property, or (2) effect repairs or modifications. Upon completion of (1) or (2) above, the Contracting Officer upon written request of the Contractor shall equitably adjust the estimated cost, fixed fee, or delivery or performance dates, or all of them, and any other contractual provision af fected by the return or disposition, or the repair or modification in accordance with the procedures provided for in the clause of this contract entitled " Changes." The foregoing provisions for adjustment are exclusive and ,
the. Government shall not be liable to suit for breach of contract by reason of !
any delay in delivery of Government-furnished property or delivery of such property in a condition not suitable for its intended use.
y .
+
l L ,
23
-(b) (1) By notice in writing the Contracting Officer may (i) decrease
'the property furnished or to'be' furnished by the Government under this contract,
.or (ii) substitute other Government-owned property for property to be furnished by the Government, or to.be acquired by the Contractor for the Government under this contract.' The Contractor shall promptly take such action.as the '
Contracting Officer may direct with respect to the removal and shipping of property covered by such notice. .
(2)' In the event of any decrease in or substitution of property pursuant to paragraph (1), above, or any withdrawal of authority to use property pro-vided under any contract or lease, which property the Government had agreed in the Schedule to make available for the performance of this contract, the Contracting Officer, upon the written request of the contractor (or, if the substitution of property:causes a decrease in the cost of performance, on his
- own initiative), shall equitably adjust such contractual provisions as may be affected by the decrease, substitution, or withdrawal, in accordance with the procedures provided for in the " Changes" clause of this contract.
(c) Title to all property furnished by the Government shall remain in the Government. . Title,to all property purchased by the Contractor, for the cost of which the Contractor is entitled to be reimbured as a direct item of cost under this contract, shall pass to and. vest in the Government upon delivery 1
of such property by the vendor. Title to other property, the cost of which is reimbursable to the Contractor under the contract, shall pass to and vest in the Government upon (1) issuance for use of such property in the performance of this contract, or (2) commencement of processing or use of such property in the performance of this contract, or (3) reimbursement of the cost thereof by the Government in whole or in part, whichever first occurs. All Government-furnished property, together with all property acquired by the Contractor title to which vests in the Government under this paragraph, are subject to the provisions of this clause and are hereinafter collectively referred to as "Govcre. ment property." Title to and Government property shall not be affected by the incorporation or attachment thereof to any property not owned by the Government, nor shall such Government property, or any part thereof, be'or become a fixture or lose its identify as personalty by reason of affixation to any realty.
. (d) The Contractor shall'be directly responsible for and accountable for all. Government property provided under this contract. The contractor shall
. establish and maintain a system to control, prota:t, preserve, and maintain all Government property. This system shall, upon request by the Contracting Officer, be submitted the Contracting Officer.for review The and, ifshall Contractor satisfactoryln mainta and make availableapproved in i such records as are required by the approved system and must account for all Government property'until relieved of responsibility therefor in accordance with the written instructions of the Contracting Officer. To the extent directed by the Contracting Officer, the Contractor shall identify Government property by marking, tagging, or segregating in such manner as to cisarly indicate its ownership by the Government,
+ as w-e e =+4mw s
f 24 (e) The Government property shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of this contract.
(f). The Contractor,shall maintain and administer, in accordance with sound industrial practice, a program for. the utilization, maintenance, repair, protection, and preservation of Government property so as to assure its full availability and usefulness for the performance of this contract. The Con- )
tractor shall take all reasonable steps.to comply with all appropriate directions or instructions which the Contracting Officer may prescribe as reasonably necessary,for'the protection of Government property. ;
-(g) (1) 'The Contractor shall not be liable for any loss of or damage to the. Government property, or for expenses incidental to such loss or damage, except that the Contractor shall be responsible for any such loss or damage (including expenses incidental thereto):
(i) Which results from willful misconduct or lack of good faith on the part of any one of the Contractor's directors or officers, or on the part of any of his managers,' superintendents, or other equivalent representatives, who has supervision or direction of:
(A) All or substantially all of the Contractor's business; or (B) All'or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed; or (C) A separate and complete major industrial operation in connection with the performance of this contract.
(ii) Which results from a failure on the part of the Contractor, due to the willful misconduct-or lack of good faith on the part of any of his directors, officers, or other representatives mentioned in subparagraph (i), ,
above:
(A) To maintain and administer, in accordance with sound industrial practice, the program for utilization, maintenance, repair, protection, and preservation of Government property as required by paragraph (f) hereof, or to take a,ll reasonable steps to comply with any appropriate written direction of the Contracting Officer under paragraph (f) hereof; or (B) To establish, maintain, and adminster in accordance with paragraph (d) hereof a system for control of Government property.
(iii)'For which the Contractor is otherwise responsible under the express terms of the clause of clauses designated in the Schedule; (iv) Which results from a risk expressly. required to be insured under this_ contract, but only to the extent of the insurance so required to be procured and maintained, or to the extent of insurance actually procured and maintained, whichever is greater; or i
g
... . - c 4
I 25 (v) Which results from a risk which is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but only to the extent of such insurance or reimbursement.
Any failure of the Contractor to act, as provided in subparagraph (ii),
above, shall be conclusively presumed to be a failure resulting from willful .
misconduct, or lack of good faith on the part of such directors, officers, or other representatives mentioned in subparagraph (i), above, if the Contractor is notified by the Contracting Officer by registered or certified mail addressed to one of such directors, officers, or other representatives, of the Govern- >
ment's disapproval, withdrawal of approval, or nonacceptance of the contractor's program or system. In such event it shall be presumed that any loss or damage to Government property resulted from such failure. The Contractor shall be liaole for such loss or damage unless he can establish by clear and convincing evidence that such loss or damage did not result frcm his failure to maintain an approved program or system, or occurred during such time as an approved .
program or system for control of Government property was maintained.
If more than one of the above exceptions shall be applicable in any case, the Contractor's liability under any one exception snall not be limitec by any other exception. If the Contractor transfers Government property to the possession and control of a subcontractor, the transfer shall not affect the liability of the Contractor for loss or destruction of or damage to the pro-perty as set forth above. However,'the Contractor shall require the sub-contractor to assume the risk of, and be responsible for,':any loss or des-truction of or damage to the property while in the latter s possession or control, except to the extent that the subcontract, with the prior approval of the Contracting Officer, provides for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all Government property in as good condition as when received, except for reasonable wear and tear or for i the utilization of the property in accordance with the provisions of the prime contract. j (2) The Contractor shall not be reimbursed for, and shall not include as an item of overhead, the cost of insurance, or any provisions for a reserve, I covering the risk of loss of or damage to the Government property, except to the extent that the Government may have required the Contractor to carry such insurance under any other provisions of this contract.
(3) Upon the happening of loss or destruction of or damage to the Govern-ment property, the Contractor shall notify the Contrarding Officer thereof, and shall communicate with the loss and salvage organization, if any, now or hereafter designated by the Contracting Officer, and with the assistance of !
the loss and salvage organizations so designated (unless the Contracting Officer has designated that no such organization be employso), shall take all reasonable steps-to protect the Government property from further damage, separate the damaged and undamaged Government property, put all the Government property in the best possible order, and furnish to the Contr/icting Officer a statement of:
l
- 26. 1 i
1 (i) The lost, destroyed, and damaged Government property;
, (ii) The time and origin of the loss, destruction, or damage; (iii) All known interests in commingled property of which the Govern-i ment property is a part; and-(iv) The insurance, if any, covering any part of or interest in such
. commingled property.
The Contractor shall make repairs and rennovations of the damaged Govern-ment property or take such other action as the Contracting Officer directs.
(4) In the event the Contractor is indemnified, reimbursed, or otherwise compensated for any loss or destruction of or damage to the Government pro-perty, he shall use the proceeds to repair, renovate, or replace the Government property involved, or shall credit such proceeds against the cost of the work covered by'the contract, or shall otherwise reimburse the Government, as directed by the Contracting Officer. The Contractor shall do nothing to pre-judice the Government's right'to recover against third parties for any such Lloss, destruction,. or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish.to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execu-tion of . instruments of assignment in favor of the Government) in obtaining recovery. In addition, where the subcontractor has not been relieved from liability for any loss or destruction of or damage to Government property, the Contractor shall enforce the liability of the subcontractor for such loss or destruction of or damage to the Government property for the benefit of the Government.
(h) The Commission, and any persons designated by it, shall at all reasonable times have access to the premises where any of the Government property is located, for the purpose of inspecting the Government property.
(i) Upon the completion of this contract, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall submit to the Contracting Officer in a form acceptable to him, inventory schedules covering ,
all items of the Government property not consumed in the performance of this I contract, or not theretofore delivered to the Government, and shall deliver or make such other disposal of such Government property as .may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the cost of the work covered by the contract or shall be paid in such manner as the Contracting Officer may direct. The foregoing pro-visions shall apply to scrap from Government property: Provided, however, That tite Contracting Officer may authorize lor direct the Contractor to omit
'from such inventory schedules any scrap consisting of faulty castings or forgings, or cutting and processing waste, such as chips, cuttings, borings, turnings, short ends, circles, trimmings, clippings, and remnants, and to dispose of such scrap in accordance with the Contractor's established accounting procedures.
m .
= _ - y
- l. ; ,
}
t 27
. (j) Unless otherwise provided herein, the Government:
- (i)' May abandon any Government property in place, and thereupon all obligations of the Government regarding.such abandoned property shall cease; ,
and- ,
- l (ii) Has no obligation to the Contractor with regard to restoration l or rehabilitation of the Contractor's premises, neither. in case of. abandonment (paragraph (j) (i), above), disposition on completion of need or of the contract !
(paragraph (1), above), nor otherwise, except for restoration or rehabilitation l costs caused by removal of Government property pursuant to paragraph (b),
above.
(k) All ccmmunications issued pursuant to this clause shall be in writing.
SOCIO-ECONOMIC PROVISIONS NO. 3.0 3.1 Employment of the Handicapped (FPR Temp. Reg. 38)
(a) The contractor will not' discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in emp",oyment and otherwise treat qualified handicapped individuals without discrimination based upon their. physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff:or termination, rates of pay or other forms of compensation, and selection for tyining, including apprenticeship.
($) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Actofjl973,asamended. ,
(2) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.
(d) The Contractor agrees to post in conspicuous places, available to employees'and applicants for employment, notices in a form to be prascribed by the Director, Office of Federal Contract Compliance Programs, Department.
of Labor, provided by or through the Contracting Officer. Such notices'shall i state the contractor's obligation under the law to take affirmative action to l l employ and advance in employment qualified handicapped emp;ayees and applicants for employment, and the rights of applicants and employees.
(e) :The Contractor will notify each labor union or representative of workers with which it.has a collective bargaining agreement or other contract
. understanding that'the contractor is bound by the terms of section 503 of the Act, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.
^# y A
3 28 l
I (f) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforra such prtsvisions, including action for noncompliance.
- 3. 2 Disabled Veterans ano Veterans of the Vietnam Era (FPR Temp. Reg. 39)
(a) The contractor will not discriminate against any employea or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment
- i. qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employ-ment? upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
(b) The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local of fice regarding employment openings and hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (d) and (e).
(c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source of effort and shall involve the normal obliga-tions which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant 0: from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment.
(d) The reports required by part. graph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one
. .- l l
l l
29 1 l
hiring locatia in a State, with the central office of that State empicyment l service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the ' number of. nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total rumber of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The contractor shall submit a report within 30 days after the end of each reporting period wherein any pr.rformance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the ' reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representative of the con:racting officer or of the Secretary of Labor. Documentation would include pt rsonnel records respecting job openings, recruitment, and placement.
(e) Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.
(f) This clause does not spply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, and tha Virgin Islands.
(g) The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openinings which the contractor proposes to fill from within his own crganization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.
(h) As used in this clause: (li"Allsuitableemploymentopenings" includes, but is not limited to, openings which occur in the following job categories: production and non production; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, admini-s eative, and professicnal openings that are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment.
It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compel-ling circumstances an employment opening may not be suitable for listing, including such situations whera the needt of the Covernment cannot reasonably be otherwise supplied, where listing would be contrary to nations 1 security, or where the requirement of listing would otherwise not be fnr the best interest of the Government. ,
i
w _n w
. ~ .~ -
{
i 30 l
i
- (2) " Appropriate office of the State employment service system"'means the local office of the Federal / State national system of public employment '
effices with assigned responsibility for serving the area where the employ-ment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
(3) " Openings which the contractor proposes to fill from within his own ,
organization" means employment openings for which no consideration will be given to. persons outside the contractor's own organization (including any affiliates, subsidiaries, and parent companies), and includes any openings which the contractor' proposes to fill from regularly established " recall"
' ' lists.
(4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contractor proposes to fill froe union halls, which is part of the customary and _ traditional hiring relationship which exists between the contractor and representative of his employees.
(i) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
(j) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
(k) The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
(1) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.
(m) The contractor will include the provisions of this clause in every .
stocontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The con-tractor will take such action with respect to any subcontract or purchase +
order as _ the Director of the Of fice of Federal Compliance Programs may direct to enforce such provisions, including action for noncompliance. T
/
t g
~ n
s ..
31
- 3. 3 ConvictLabor'(1-12.204) ,
In' connection with the performance of work under this contract the Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive' Order 11755, December 29, 1973.
3.4' Equal Opportunity (1-12.803-2)
(Tha followin clause is applicable unless this contract is exempt under i the rules,.regulat ons, and relevant orders of the Secretary of Labor (41 CFR, ch. 60)).
During the performance of this contract, the contractor agrees as follows:
, (a) The contractor will not discriminats against any employee or applicant for employment because of race, color, religion, sex, or national origin. The con +ractor.will take affirmative action to ensure that applicants are employed, and +. hat' emoloyees are treated during employment, without regard to their ,
race, creed color, or national origin. Such action shall include, but.not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or
.other forms of compensation; and selection for training, including apprenticeship.
- The coiractor agree = to pose in conspicuous places, available to employees y and applicants for employment, notices to be provided by the Contracting l }yl( Officer setting forth the provisions of this Equal Opportunity clause.
.,P (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contrator, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.
(c) The contractor will send to each labor union or representative of '
workers with which he has a collective bargaining agreement er other contract '
or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of tP contractor's com-mitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to empicyees and applicants for employment.
1.
(d) The contractor will comply with all provisions of Executhe Order No. 11246 of Septembe.r 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
. (e) The contractor will furnish all information and reports required by Executive' Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the. Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and crders.
-,- +e er -e- esp-wme,in w*yme*N* * - "
32
_ (f) ~In the event of the contractor's noncomoliance with the Equal c Opportunity clause of this contract or with any of the said rules, regulations, or ordero, this contract may be cancelled, terminated, or suspended, in whole or in part, and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedias invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulatior, or order of the Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of paragraphs (a) through '
(g) in every subcontrac or purchase order unless exempted by rules, regula-tions, or orders of the retary of Labor issued pursuant to section 20A of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency anay direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the contractor T becomes involved in, or is' threatened with, litigation with a subcontractor or C vendor- as a result of such direction by the contrecting agency, the contractor g may request the United States to enter into such litigation to protect the g interests of the United States.
3.5 Preference for U.S. Flag Air Carriers (1-1.323-2)
WJ
=
(a) Pub. L.93-623 requires that all Federal agencies and Government contractors and subcontractors will use U.S. flag air carriers for inter-C"3 national air transportation of personnel (and their personal effects) or
- property to the extent service by such carriers is available. It further ,
.7sg;,, provides that the Comptroller General of the United States shall disallow g any expenditures from at 7topriated funds for international air transportation y on other than a U.S. n , air carrier in the absence of satisfactory Drnof of the necessity therefor.
(b) The contractor agrees to utilih U.S. flag air carriers for international air transportation of personnel (and their personal effects) or pregetty to the extent service by such carriers is available.
(c) In the event that the contractor ' selects a carrier other than a U.S. f. lag ab carrier for international air transnortation; he will include a certification c~ vouchers involving such transportation which is essentially as follows:
CERTIFICATION OF UNAVAILABILIT' OF U %. : AIR CARR:5RS I hereby certify that transportation servica for personnel (and their personnel effects) or property by certificated a carrier was unavailable for the following reasons:1 (state reasons) 15ee Federal Procurement Regulations (41 CFR 1-1.323-3).
-_n
n' .;
is: ,
1 l
33 J
(d) The terms'used in this clause have the following meanings:
(1)' " International mir transportation" means transportation.of persons (and their personal effects) or property by air between a place in the United States and a place outside thereof or between two places both of which are outside the United States.
(2) "U.S. Flag air carrier" means onc of a class of air carriers. holding a certificate of public convenience and necessity issued by the Civil Aero-nautics Board, approved by the President, authorizing operations between the United States and/or its territories and one or more foreign countries.
(3) The term "Uno States" includes the fifty states, Comonwealth of Puerto Rico, posses , af the United States, and the District of Columbia, w
f . (e) The. contractor shall include the substance of this clause, including
- this paragraph (e), in each subcontract or purchase hereunder which may
,, involve international air transportation.
- Jy .
- 3.6 Use of U.S. Flag Commercial Vessels (1-19.108-2)
(a) The Cargo Preference Act of 1954 (Pub. L. 664, August 26, 1954, 68 Stat. 832, 46 U.S.C. 1241(b)), requires that Federal departments or agencies shall transport at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) of equipment, materials, or comodities which may be transported on ocean vessels, on privately owned United States flag comercial vessels. Such transportation '
shall be accomplished whenever:
(1) Any equipment, materials, or commodities, within or outside the
- United States, which may be transported by ocean vessel, are:
(A) Procured, contrscted for, or otherwise obtained for the agency's account; or
^
(B) Furnished to or for the account of any foreign nation without provision for reimbursement. ,
(2) Funds or credits are advanced or the convertibility of foreign '
currencies is guaranteed in connection with furnishing such equipment, materials, or comodities which may be transported by ocean vessel.
t NOTE: This requirement does not apply to small purchases as defined in !
41 CFR 1-3.6 or to cargoes carried in the vessels of the Panama Canal Company. ,
(b) The contractor agrees as follows:
(1) To utilize privately owned United States flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for ,
dry bulk carriers, dry cargo liners, and tankers) involved whenever shipping ;
i 7
34 1
1 1
any. equipment, material, or commodities under the conditions set forth in (a)'above pursuant to thie, contract to the extent such vessels are available at fair and reasonable rates for United States flag commercial vessels.
NOTE: Guidance regarding fair and reasonable rates for United States
-flag vessels may be obtained from the Division of National. Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230; Area Code 207., ohnne 377-3449. >
(2)' To furnish, within 15 working days following the date of loading for shipments originating within the United States or within 25 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated " onboard" commercial ocean bill of lading in English for each shipment of cargo covered by the provisions in (a) above to both the Contracting Officer (through the prime contractor in the case of subcontractor bills of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract ercept for small purchases as defined in 41 CFR 1-3.6.
3,7 Buy American Act (1-6.104-5)
(a) In accuiring end products, the Buy American Act (41 U.S. Code 10a-10d) provides that the Government give preference to domestic snurce end products. .
For the purnose of this clause:
(i) "Comoonerts" means those articles, materials, and supplies which are directly incorporated in the end products; I'
(ii) "End products" means those articles, materials, and supplies which are to be acnuired under this contract for nublic use; and (iii) A " domestic source end product" means (A) an unmanufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a)
(iii) (B), components of foreign origin of the same type or kind as the pro-ducts refemd 4o 4 (b) (ii) or (iii) of this clause shall be treated as components mined, produced, or manufactured in the United States.
(b) The Contractor agrees that there will be used under this contract
'(by the Contractor, subcontractor, materialmen and suopliers) only damestic source end products, ercept end products:
(i)- Which are for use outside the United States.;
(ii) Which the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial cuantities and of a satisfactory ouality; u <
35 l l
(iii) As to v' b +' t Commission determines the domestic preference to be inconsistent wt public interest; or l J
l (iv) As to which the Commission determines the cost to the Gr,vernment to be unreasonable. !
1 3.8 Contract Work Hours and Safety StandaHs Act - Overtime Compensation I (1-12.303)
This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Stardards Act (40 U.S.C. 327-333), is subject to the following provisions and to all other applicable provisions and excep-tions of such act and the regulations of the Secretary of Labor thereunder.
(a) Overtime Requiroment. W Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, apprentices, trainees, watchmen, and guards shall require or permit any laborer, mechanic, apprentice, trainee, watchman, or guard in any workweek in which he is employed on such work to work in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> in any calendar day or in excess of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, apprentice, trainee, watchman, or guard recJives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> in any calendar day or in excess of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> in such workweek, whichever is the greater number of overtime hours.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor sha!! be liable to any facted employee for his unpaid wages. In addition, such Contractor and subcon ctor shall be liable to the United States for liquidated damages. Such liqui tad damages shall be computed with respect to each individual laborer, mecha ic, apprentice, trainee, watchman, or guard employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such wobk in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> or in excess of his standard workweek of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> without payment of the overtime wages required by paragraph (a).
(c) Withholdings for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work perfogmed by the Contractor or subcontractor, such sums as may be administrative 1y /s determined to be necessary to satisfy any ,
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b).,
(d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in all subcontracts, and shall require their inclusion in all suecontracts of any tier.,
36 (e). Records. The Contractor shall maintdn payroll records containing the information specified in 29 CFR 516.2(a). Scch records shall be preserved for 3. years from the completion of the contract.
3.9' Utilization.of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (FPR Temp Reg. No. 50). _
(a) It is.the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged. individuals sha'l have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency.
(b) The'. contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administra- '
tion or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause.
(c) (1) The term "small business concern" shall mean a small business '
as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.
- (2) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern -
~(i) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned business, at'least 51 per centum of the stock of which is owned by one or more' socially and economically disadvantaged individuals; and (ii) whose management and daily business operations are controlled by one or more of such individuals.
The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to~section 8(a) of the Small Business.Act.
Contractors acting in good faith may rely oc written representations by their subcontractors as either a small business concern or a small business concern owned and controlled by' socially and economically disadvantaged individuals.
3.10 Utilization of. Labor Surplus Area Concerns (1-1.805-3(a))
(The following clause is applicable if this contract exceeds $10,000.)
-. n s , a e m n - e . ,-- ,-.. -
., o , - --
- g. - - - - -
.s
[4:
3 .
> t
- s J 37:
i.
, ' (h)L-ItLis.the'policyoftheGovernmenttoawardcontractstolabor surplus area concerns that agree to perform substantially .in labor surplus. ,
areas, where this can be done consistant.with the efficient performance of l
< . lthe contract:and at prices no higher than are obtainable elsewhere. The. l Contractor agrees to use his best efforts to place his subcontracts in-accordance with this policy.
(b)- In complying with paragraph (A) of this clause and with paragraph (b) ,
of the clause of this contract entitled " Utilization of Small Business Concerns," the Contractor in placing his subcontracts shall observe the following order of preference: (1) Small business concerns that are labor surplus area concerns, (2) other small business concerns, an (3) other :
labor surplus area ~ concerns..
(c) (1) The term " lab'or surplus area" means a geographical area l
. . identified by the Department of Labor as an area of concentrated unemployment or underemployment or an area of labor surplus. ,
t (2)' The term " labor surplus area concern" means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas.
.. '(3) The term " perform substantially in a labor surplus area" means that the costs incurred'on account of manufacturing,' production,'or-
. appropriate services in labor' surplus areas exceed 50 percent of the - ;
contract price.
.3.11 Clean Air and Water (1-1.2302-2) e (Applicable only if the contract exceeds $100,000, or the' contracting officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000, or a facility to be usad has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1)) "
r or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)
(a) The Contractor agrees es follows:
, (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857.et seq., as amended by Pub. L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq. , as amended by Pub. L.92-500), respectively, relatinq to inspection, monitoring, entry, reports, and information, ac well u otrer requirements '
specified in section 114'and section 30S of the Air Act and the Water Act, ;
respectively, and all regulations and guidelines issued thereunder before the: award of this contract.
(2) That no portion of the work required by this prima contract will be performed in a f acility -listed on the Environmental Protection Agency List
-of Violating Facilities on the date when this contract was aw:rced unless and until the EPA eliminates the name of such facility or faci'.ities from .
sah listing. !
4
- ,~, ....om,_,- ,,,r...-.. ,, ,, - --- ,~.- - -m ,m .- , , , , , , , -
g i
b 1
38 l
^(3)- To use his best efforts to comply with clean air standards and clean
- water standards at the facility in which the contract is being performed.
(4) To insert the substance of the provisions of this clause into any l nonexempt subcontract, including this paragraph (a)(4). l (b) The terms used in this clause have the following meanings:
(1) The' term " Air Act" means the Clean Air Act, as amended (42 U.S.C.
1857 et seq., as amended by Pub. L.91-604).
'(2) The term " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L.92-500).
(3) The term " clean air standards" means any enforceable rules, regula-tions, guidelines, standards, limitations, orders, controis, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan'as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), ,
an approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).
(4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the. Water Act (33 U.S.C. 1317).
(5) The term " compliance" means compliance with clean air or water ,
standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.
(6) The term " facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operati.ons, owned, leased, or supervised by a contractor or subcontractor, to be utilir.ed in the .
performance'of a contract or subcontract. Where a location or site of operations j contains or includes more than one building, plant, installation, or structure, i the-entire location or site shall be deemed to he a facility except where the l Director, Office of Federal Activities, Environmental Protection Agency, l determires that independent facilities are collocated in one geographical area.
l i
)
I
39 3.12- Utilization of Women-owned Business Concerns (over $10,000) (FPR Temp Reg 54)- ,
(a) It is the policy of the United States Government that women-owned businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal. agency.
- (b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, a " woman-owned business" concern means a business that is at least 51% owned by a woman or women who also control and operate it. " Control" in this context means ;
exercising the power to make policy decisions. " Operate" in this context means being actively involved in the day-to-day management. " Women" mean all women business. owners. '
PATENT AND COPYRIGHT PROVISIONS NO. 4.0 4.1 Patent Rights - Acquisition by the Government (1-9.107-5(a))
(a) Definitions (1) ." Subject Invention" means any invention or. discovery of the Contractor y conceived or first actually reduced to practice in the course of or under this contract', and includes any art, method, process, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the Patent Laws of the United States of America or any foreign country.
(2) " Contract" means any contract, agreement, grant, or other arrangement, or sdcontract entered into with or for the benefit of the Government where a i purpose of the contract is the conduct of experimental, developmental, or research work. -
(3) " States and domestic municipal governments" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, and any political subdivision and agencies thereof.
(4) " Government agency" includes an executive department, independent commission, board, office, agency, administration, authority, Government
. corporation, or other Government establishment of the executive branch of the Government of the United States of America.
(5) "To the point of practical application" means to manufacture in the case of a composition or product, to practice in the case of a process, or to operate in the case of a machine and under such conditions as to establish
.that the invention is being worked and that its benefits are reasonably accessible to the public.
s dewa*+
- ~ m
. e.y.e%. . ,.- , , e.n -y,- .,.w-,,,,3...,, y.mc *..--,-v
. l y , , ,
4 3
1 <4
.. \
U
- 40 l m
..(b)' Allocation of. principal rights i
_'(1) ~Assignmentsto the Governnent. The Contractor agrees to assign to
- the' Government the entire right, title, and interest throughout the world in- ;
and to each Subject Invention, except to'the extent-that rights are retained '
N' by the Contractor under paragraphs (b)(2)'and (d) of this clause.
- (2)l Greater. rights determinations. The Contractor or the employee-inventor,with authorization of the Contractor may retain greater rights than
- 'the nonexclusive license provided in paragraph (d) of this clause in accordance with the' procedure and criteria of 41 CFR 1-9.109-6. A request for determina- !
tion whether. the: Contractor'or the employee-inventor is entitled to retain-
~
such greater rights must be submitted to the Contracting Officer at the time .*
of the.first' disclosure of the,invention pursuant to paragraph (e)(2)(1) of this' clause, or'not -later than'3 months thereafter, or such longer period.as j may be. authorized by the Contracting Officer for good cause'shown in writing l by the' Contractor. The .information to be submitted for a greater rights '
determination is specified in 41 CFR 1-9.109-6. Each determination of. greater rights'under this contract normally shall be subject to paragraph (c) of this clause and to the reservations land conditions deemed to be appropriate by the agency.
- (c) Minimurt rights acquired by the Government. With respect to each .
Subject Invention to which the Contractor retains principal or exclusive rights,
.the Contractor:
(1) Hereby grants to the Government a nonexclusive, nontransferable, paid-up license to make,use, and sell each Subject Invention throughout the world by or on behalf of the Government of the United States (including any l
- Government agency) and States and domestic municipal governments; ,F V
(2). Agrees to grant to responsible applicants, upon request of the Government, a license on terms that are reasonable under the circumstances:
'(i) Unless the Contractor, his licensee, or his assignee demonstrates l to the Government that' effective steps have been taken within 3 years after a patent issues.on such invention to bring the invention to the point of practical application, or that the invention has be.en made available for licensing royalty-free or on terms that are reasonable in the circumstances, or can show cause why the principal or exclusive rights should be retained for a further b : period'of time; or (ii) To the extent-that the invention is required for public use by governmental regulations or as may be necessary to fulfill public health, safety, or welfare.needs, or for other public purposes stipulated in this l~ contract; l'
E (3). Shall submit written reports at reasonable intervals upon request of the Government'during the term of the patent on the Subject Invention regarding:
l , -a, :
, ,. - . .. ..-.- _ . - . . - - . _ . . ~ . - _ . -
8 f i
., l 41 (i) The commercial use that is being made or is intended to be made of the invention; and (ii) The steps taken by the Contractor or his transferee to bring the invention to the point of practical application .or to make the invention available for licensing; (4) Agrees to refund any amounts received as royalty charges on any Subject Invention in procurements for or on behalf of the Governraent and to provide for that refund in any instrument transferring rights to any party in the invention; and (5) Agrees.to provide for the Government's paid-up license pursuant to paragraph (c)(1) of this clause in any instrument transferring rights in a Subject Invention and'to provide for the granting of licenses as required by (2) of this clause, and'for the reporting of utilization information as required by paragraph (c)(3) of this clause whenever the instrument transfers principal or exclusive rights in any Subject Invention.
Nothing contained in this pa'agraph (c) shall be deemed to grant to the Government any rights with respect to any invention other than a Subject Invention.
(d) Minimum rights to the Contractor.
(1) The Contractor reserves a revocable, nonexclusive, royalty-free license in each patent application filed in any country on a Subject Invention and any resulting patent in which the Government acquires title. The license shall extend to the Contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a part and shall include the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded.
The license shall be transferable only with approval of the agency except when transferred to the successor of that part of the Contractor's business to which the invention pertains.
(2) The Contractor's nonexclusive domestic license retained pursuant to paragraph (d)(1) of this clause may be revoked or modified by the agency to the extent necessary to acieve expeditious practical application of the Subject Invention under 41 CFR 101-4.103-3 pursuant to an application for exclusive license submitted in accordance with 41 CFR 101-4.1043. This license shall not be revoked in that field of use and/or the geographical areas in which the Contractor has brought the invention to the point of practical application and continues to make the benefits of the invention reasonably accessible to the public. The Contractor's nonexclusive license in any foreign ecuntry reserved pursuant to paragraph (d)(1) of this clause may be revoked or modified at the -
discretion of the agency to the extent the Contractor or his domestic subsidiaries or. affiliates have failed to achieve the practical application of the invention in that foreign country. l h
i 1
c 42 (3) ,Before modification or revocation of the license, pursuant to paragraph'(d)(2) of.this clause, the agency shall furnish the Contractor a written notice of its intention to modify or revoke the licese, and the Con-
' tractor shall be allowed 30 days (or such longer period as may be authorized by the agency for good cause shown in writing by the Contractor) after the notice to show cause why the license should not be modified or revoked. The Contractor shall'have.the right to appeal, in accordance with procedures
. prescribed by the agency, any deciis on concern i ng the modification or revocation of his license. ,
(e) Inventions, identification, disclosures, and reports.
~(1) The Contractor shall establish and maintain active and effective procedures to ensure that Subject Inventions are promptly identified and timely disclosed. The,e procedures shall include the maintenance of laboratory notebooks or equivalent records and any other records that are reasonably necessary to document the conception and/or the first actual reduction to practice of Subject Inventions, and records which show that the procedures for
. identifying and disclosing the inventions are followed. Upon request, the Contractor shall furnish the Contracting Officer a description of these procedures so that he may evaluate and determine their effectiveness.
(2) The Contractor'shall furnish the Contracting Officer:
(i) A complete technical disclosure for each Subject Invention within 6 months after conception or first actual reduction to practice which-ever occurs first in the course'of or under the contract, but in any event prior to any on sale, public use, or publication of such invention known to the Contractor. The disclosure shall identify the contract and inventor and shall be sufficiently complete in' technical detail'and appropriately illus-trated by sketch or diagram to convey to one skilled in'the art to which the invention pertains a clear understanding of the nature, purpose, operation, and, to the extent known, the physical, chemical, biological, or electrical characteristics of the invention; (ii) Interim reports 2 at least every 12 months from the date of the contract listing Subject Inventions for that period and certifying that:
l (A) Tbc Ccatractor's procedures for identifying u.i disclosing l
Subject Inventions as required by this paragraph (e) have been followed throughout the reporting period; and -
(B) All Subject Inventions have been disclosed or that there are no such inventions;,and (iii) A final report within 3 months after completion of the contract 2
' ' work, listing all Subject Inventions.or certifying that there were no such inventions.
1 Agency may specify form.
l L
o l
J '.
,o ~
G ;,; y ,
i l
l 43 '!
i (3) The Contractor shall obtain patent agreements to effectuate the provisions of this clause from all persons in his employ who perform any part ,
of the work under this contract except nontechnical personnel, such as clerical- !
employees and manual laborers. 1 (4)-.The-Contractor agrees'thrt the Government may duplicate and disclose i Subject Invention' disclosures and all other reports and papers furnished or required to be furnished pursuant to this clause.
(f) Forfeiture of rights.in unreported Subject Inventions ;
r (1) The Contractor'shall forfeit to the Government all rights in any ,
Subject Invention which he fails to disclose to the Contracting Officer within i 6 months after the time he: ;
.(i)' Files or causes to be filed a United States or foreign app 1'ication l thereon; or !
(ii) Submits the final report required by paragraph (e)(2)(iii) of this clause, whichever is later.
5 (2) However, the Contractor shall not forfeit rights in a Subject Invention :
if, within the time specified in (1)(i) or (1)(ii) of this paragraph (f), the 1 Contractor:
l
\
(i) Prepared a written decision based upon a review of the record i that the invention was neither conceived nor first actually reduced to practice j
-in the course of or under the contract;.or S i
(ii) Contending that the invention is not a Subject Invention, he- i nevertheless discloses the invention and all facts pertinent to his contention j to the Contracting ~0fficer; or -
a I
(iii) Estabitshes that the failure to disclose did not result from his fault or negligence.
(3) Pending written assignments of the patent applications and patents i
- on a Subject Invention determined by the Contracting Officer to be forfeited j (such determination-to be a final decision under the Disputes Clause), the Contractor shall be deemed to hold the invention and the patent applications
. and patents pertaining thereto in trust for the Covernment. The forfeiture
-provision of this paragraph (f) shall be in addition to and shall not super- ,
sede other rights and remedies which the Government may have with respect to 1
. SubjectInventions; ,
)
(g) Ex' amination of records relating to inventions (1) The Contracting Officer or his authorized representative until the expiration of 3 years after final payment unoer this contract shall have the right to examine any books. (including laboratory not6coks), records, documents,
'and other supporting data of the Contractor which the Contracting Officer l
1 44 l 1
reasonably deems pertinent to the discovery or identification of Subject Invantions to determine compliance with the requirements of this clause.
'(2) . The Contracting Officer shall have the right to review all books (including laboratory notebooks), records and documents of the Contractor relating to the conception of first actual reduction to practice of inventions in the same field of technology as the work under this contract to determine whether any such inventions are Subject Inventions if the Contractor refuses or fails to:
(i) Establish the procedures of paragraph (e)(1) of this clause; or (ii) Maintain and fo11ew such procedures; or (iii) Correct or eliminate any material deficiency in the procedures within N rty (30) days after the Contracting Officer notifies the Contractor of such > oeficiency.
(h) Withholding of payment (Not applicable to Subcontracts)
(1) .Any time before final payment of the amount of this contract, the Contracting Officer may, if he deems such action warranted, withhold payment until a reserve not exceeding $50,000 or 5 percent of the amount of this contract, whichever is less, shall have been set aside if in his opinion, the Contractor fails to:
(i) Establish, maintain, and follow effective procedures for -
identifying and disclosing Subject Inventions pursuant to paragraph (e)(1) of this clause; or (ii) Disclose any Subject Invention pursuant to paragraph (e)(2)(i) of this clause; or (iii) Deliver acceptable interim reports pursuant to paragraph (e)(2)(ii) of this clause; or (iv) Provide the information regarding subcontracts pursuant to paragraph (i)(5) of this clause.
The reserve or balance shall be withheld until the Contracting Officer has determined that the Contractor has tectified whatever deficiencies exist ,
and has delivered all reports, disclosures, and other information required by this clause.
(2) Final payment under this contract shall not be made before the I Contractor delivers to the Contracting Officer all disclosures of Subject Inventions required by paragraph (e)(2)(i) of this clause, and an acceptable final report pursuant to (e)(2)(iii) of this clause.
(3) The Contracting Officer may, in his discretion, decrease or increase the sums withheld up to the maximum authorized above. If the Contractor is a
1; .+
'V 45 nonprofit organizatien the maximum amount that may be withheld under this paragraph shall not exceed $50,000 or 1 percent of the amount of this contract whichever is less. .No amount shall be withheld under this paragraph while the-1 amount specified by this paracraph is being withheld under other provisions of .
the contract. The withhold.ing of any amount or subsequent payment thereof shail not be construed as a waiver of any rights accruing to the Government under this contract.
(i) Subcontracts ,
.(1) For the purpose of this paragraph the term " Contractor" means the party awarding the subcontract and the term " Subcontractor" means the party being awarded a subcontract, regardless of tier.
(2) Unless otherwise authorized or directed by the Government Contracting Officer, the Contractor shall include this Patent Rights clause modified to identify the parties in any subcontract hereunder if a purpose of the subcontract is the conduct of experimental, developmental, or research work. In the event of refusal by a subcontractor to accept this clause, or if in the opinion of L
the Contractor this clause is inconsistent with the policy set forth in 41 CFR 1-9.107-3, the Contractor:
(i) Shall promptly submit a written notice to the Government Contracting Officer setting forth reasons for the Subcontractor's refusal and other pertinent information which may expedite disposition of the matter; and (ii) Shall not proceed with the subcontract without the written authorization of the Government Contracting Officer.
(3) The Contractor shall not, in any subcontract or by using a subcontract as consideration therafor, acquire any rights in his Subcontractor's Subject Invention for his own use (as distinguished from such rights as may be required solely to fulfill his contract obligations to the Government in the performance of this contract).
(4) All invention disclosures, reports, instruments, and other information required to be furnished by the Subcontractor to the Covernment Contracting Officer under the provisions of a Patent Rights clause in any subcontract hereunder may, in the discretion of the Government Contracting Officer, be furnished to the Contractor for transmission to the Government Contracting Officer.
~
(3) The Contractor snall promptly notify the Government Contracting Officer in writing upon the award of any subcontract containing a Patent Rights clause by identifying the Subcontractor, the work to be performed under the subcontract, and the dates of award and estimated completion. Upon request of the Government Contracting Officer, the Contractor shall furnish a copy of the subcontract. If there are no subcontracts containing Patent Rights Clauses, a negative report shall be included in the final report submitted pursuant to ,
paragraph'(e)(2)(iii) of this clause.
--* se - -
<wr ,-e.,== ,. v. vcr-= v--p-- e- ,-a ,e+r... e,. b w+4,,-we- v=,ve-,,-w--**
4[ ,
i i
J .,
s . g l
3 (6)I The Contractor sha11' identify all Subject Inventions of the Subcont'ractor
-of which he acquires knowledge in the performance of:this contract and shall-notify the Government Contracting Officer. promptly upon the identification of
. the inventions.
T(7) :It is understood that the Government..is a third party beneficiary of
~
~!
any subcontract clause granting rights to the Government in' Subject Inventions, and the Contractor hereby assigns to the Government all rights that.he would
'have'to enforce the Subcontractor's obligations for the benefit of the -
Government with respect to Subject Inventions. The Contractor'shall not be
~
obligated to enforce.the agreements of'any Subcontractor hereunder relating to the obligations of the Subcontractor 2to the' Government in regard to Subject Inventions. ,
1(j) . No claim for pecuniary award or cc.mpensation under the provisions' of '
the Atanic Energy Act'of.1954,cas amended, shall be asserted by the contractor or its esployees, with respect to any invention or discovery made or conceived.
in the course of or'under this contract. !
(k) With respect to any U.S. Patent Application file'd by the contractor or any contract invention or discovery made or conceived'in the course of the contract, the contractor, will incorporate in the first paragraph of the U.S. l Patent-Application.the following statement.
'The invention described herein was made in the course of, or under, a contract (if desired, may substitute contract with identifying
. number) with the' Commission.' r i
'4.2 Patent Indemnification of. Government by Contractor E The contractor agrees to indemnify the Government, its officers, agents, ,
servants,- and employees against liability of any kind (including costs and expenses incurred) for the use of any inventien or discovery and for the
' infringement of any Letters Patent (not including' liability, arising pursuant to'sec. 183, Title 35 (1952) U.S.C., prior to the issuance of Letters Patent) occurring.in the performance of this contract or arising by reason of the use or disposal by or for the account of the Government of items manufactured or L supplied under this contract.
I
! 4.3 Rights in Copyrightable Material Under Contracts .
(a) The contractor (i) agrees that the Commission shall determine the .
disposition of the title to and the rights under any copyright secured by the contractor or its employees on copyrightable material first produced or composed under this' contract and (ii) hereby grants to the Government a royalty-free,
- ,/ nonexclusive', .irrevocabic license to reproduce, translate, publish,- use and L dispose of, and to' authorize others so to Q , all copyrightable work not first L produced or composed by the contractor in the performance of this contract but which is incorporated in the material furnished under the contract, provided that'such license shall be only to the extent the contractor now has, or prior to'the completion or. final settlement of'the contract may acquire the right to p
l 1
C.
t . , , .I p t La m m E;_ _ _ _ _,_ _._ _ _ _ _ _ _ _ _
y p x .a
'l c
' 47 7 '
. grant such license without becoming liable to pay compensation to others solely'because'of such g7nt. .
(b) The contractor agrees that it will not include any copyrighted
~
material in.any written or copyrightable material furnished or delivered under
- this contract, without a license as provided'for in paragraph'(a)(ii). hereof, or without the consent of the copyright owner, unless specific written approval of. the Contracting Officer to the inclusion of such. copyrighted material is -
' secured. i (c).'lThe contractor agrees to report in writing to the Commission, promptly and in reasonable detail, any notice or claim of copyright infringement received ;
by the contractor with respect to any material delivered under this contract.
l 4.4 Copyright Indemnification of Government Except'as otherwise provided, the contractor agrees to indemnify the Government,.~its officers, agents, servants, and employees against liability, including ' costs and expenses, for the infringement of any copyright in any work protected under the copyright laws of the United States arising out of the performance of this contract, including the reproduction, translation, publication or use of any.such copyrighted material. t 4.5 Notice and Assistance Regarding Patent and Copyright Infringement (1-7.103-4)-
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice'or claim cf patent or copyright infringement based on the performance of this' contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government, on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and informa-tion shall be furnished at the expense of the Government except where the Contractor.has agreed'to indemnify the Government.
FINANCIAL AND TERMINATION PROVISIONS NO. 5.0 L
5.1 Limitation.ofCost(1-7.202-3(a))
(Applicable to Contracts which are fully funded only)
-(a) It is estimated that the total cost to the Government for the
-perfe sance of this contract, exclusive of any fee, will not exceed the estimated t- cost-set forth in.the Schedule, and the Contractor agrees-to use his best
! efforts to perform'the work specified in the Schedule and all obligations ]
l; under this contract within such estimated cost. If, at any time, the Contractor 1 L
.~ . . . . . . - . - . - . . - - . ~ . - . . - . - - . . . . . _ _ . . - _ .
1 I
I 48 1
has reason to believe that the costs which he expects to incur in the perform-ance of this contract in the next succeeding 60 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost then set forth in the Schedule, or if, at any time, the Contractor has reason to believe that the total cost to the Government for the perforrrance of this contract, exclusive of any fee, will be greater or substantially less than the then estimated cost hereof, the Contractor shall notify the Contracting Officer in writing to that effect, giving the revised estimate of such total cost for the performance of this contract.
(b) Except as required by other provisions of this contract specifically citing and stated to be an exception from this clause, the Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the S~chedule, and th~e Contractor shall not be obligated to continue performance under the contract (including actions'under the Termination clause) or otherwise to i'ncur costs in exces's 'of the estimated cost set forth in the Schedule, unles's and until the Contracting Office'r th'all have notified the Contractor in writing that such estimated ' cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of performance of this contract. No notice, communication, or representation in any other fom or from any person other than the Contracting Officer shall affect the estimated cost of this contract. In the absence of the specified notice, the Go'vernment shall not be obligated to reimburse the Contract for any costs in excess of the estimated cost set forth in the Schedule, whether those excess costs were incurred during the course of the contract or as a result'of termination.
When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of the estimated cost prior to such increase shall be allowable to the same extent as if such costs had been incurred after the ' increase; unless the Contracting Officer issues a termination or other notice and directs that the increase is solely for the purpose of termination or other specified expenses.
(c) Change orders issued pursuant to the Changes clause of this contract shall not be considered an authorization to the Contractor to exceed the estimated cost set forth in the Schedule in the absence of a statement in the change order, or other contract modification, increasing the estimated costc (d). In the event that this contract is terminated or the estimated cost not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract based upon the share of costs incurred by each.
5.2 Limitation of Funds (1-7.202-3(b))
(Applicable to contracts which are incrementally funded) y (a) It is estimated that the cost to the Government for the performance of this contract will not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule and all obligations under this contract within such estimated
~
l cost. ;
.- s o
a 49 (b) The amount presently available for payment and allotted to this contract, the items covered thereby, the period of performance which it is estimated-the allotted amount will cover, are specified in. the Schedule. It ,
is contemplated that from time to timo additional funds will be allotted to j this contract up to the full estimated cost sat forth in the Schedule, exclu- l sive of any fee. The Contractor agrees to perform or have perfomed work on this contract' up to the point at'which the total amount paid and .
payable by the Government pursuant to the terms of this contract approximates but does not exceed the total amount actually' allotted to the contract.
-(c) If at any time the Contractor has reason to believe that the costs I
which he expects to incur in the performance of this contract in the next succeeding 60 days, when added to all costs previously incurred, will exceed >
75 percent of the total amount then allotted to the contract, the Contractor shall notify the Contracting Officer _in writing to that effect. The notice shall state the estimated amount of additional funds required to continue performance for the period set forth in the Schedule. Sixty days prior to the i and of the period specified in the Schedule the Contractor will advise the Contracting Officer in writing as to the estimated amount of additional funds, if any, that will be required for the timely perfomance of the work under the contract or for such fur,ther period as may be specified in the Schedule or otherwise agreed to by.ths marties. If, after such notification, additional funds are not allotted by tie end of the period set forth in the Schedule or an agreed date substituted therefor, the Contracting Officer will, upon written request, by the Contractor, terminate this contract pursuant to the provisions .
- of the Termination clause on such date. If the contractor, in the exercise of his reasonable judgment, estimates that the funds available will allow him to continue to discharge his obligations hereunder for a period extending beyond such date, he shall specify the'later date in his request and the Contracting ,
Officer, in his discretion, may teminate this contract on that later date.
(d) Except as required by other provisions of this contract specifically citing and stated to be an exception from this clause, the Government shall
. not be obligated to reimburse the Contractor for costs incurred in excess of the total amount from time to time allotted to the contract, and the Con-tractor shall not be obligated to continue performance under the contract (including actions under the Termination clause) or otherwise to incur costs in excess of the amount allotted to the contract, unless and until the Con-tracting Officer has notified the Contractor in writing that such allotted
! amount has been increased and has specified in such notice an increased amount
- constituting the total amount then allotted to the contract. To the extent the amount allotted exceeds the estimated cost set forth in the Schedule, such 1 estimated cost shall be correspondingly increased. No notice, communication,
, or representation in any other form or from any person other than the Con-tracting Officer shall affect the amount allotted to this contract. In the l
obsence of the specified notice, the Government shall not be obligated to reimburse the Contractor for any costs in excess of the tctal amount then allotted to the :ontract, whether those excess costs were incurred during the ;
course of the contract or as a result of termination. When cnd to the extent l that the amount' allotted to the contract has been increased, any costs incurred by the Contractor in exces: of the amount previously allotted shall ;
l i
+
t 50 i
l be allowable to the same extent as if such costs had been incurred after such increase in the amount' allotted;. unless the Contracting Officer issues a termination bt other' notice and directs'that the increase is solely for the purpose. of covering termination. or other specified expenses.
(e) . Change orders issued pursua'nt to the Changes clause of this contract shall not be considered an authorization to the Contractor to exceed the amount allotted in the Schedule in the absence of a statement in the change order,.or other contract modification, increasing the cmount allotted.
'(f) Nothing-in this clause shall affect the right of the Government to 1 terminate this contract. In the event this contract is terminated, the Govern-ment'.and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract based upon the share of costs incurred by each.
(g)~ In'the event that sufficient funds are not allotted to this contract to allow completion of the work contemplated by this contract, the Contractor shall be entitled to that percentage of the fee set forth in the Schedule equivalent to the percentage of completion of the work contemplated by ttiis contract. .
. 5. 3 Allowable Cost, Fixed-Fee,-and Payment (1-7.202-4) and (1-7.402-3(a))
(Applicable to cost-reimbursement type contracts which provide for
. payment of a fixed fee)
'(a) For the performance of this contract, the Government shall pay to the Contractor:
(1) The cost thereof (hereinafter referred to as " allowable cost")
determined by the Contracting Officer to be allowable in accordance with: ,
(i) Subpart 1-15.2 of the Federal Procurement Regulations (41 CFR 1-15.2), as in efftet on the date of this contract; and (ii) The terms of this contract; and (2) Such fixed-fee, if any, as may be provided for in the Schedule.
(b) Payments shall be made to the Contractor when requested as work progresses, but not more frequently than bi-weekly, in amounts approved by the Contracting Officer. The Contractor may submit to an authorized repre-sentative of the Contracting Officer, in such form and reasonable detail as !
such representative may require, an: invoice or public voucher supported by a i statement of cost for the performance of this contract and claimed to con-stitute allowable cost. For this purpose, except as provided herein with respect to pension contributions, the term " costs" shall include only those recorded costs.which result, at the time of the request for reimbursement,
.from payment by cash, check, or other form of actual payment for items or ser-vices purchased directly for the contract, together with (when the Contractor
- y. ,_ , _ .
7 t ,;
- t; 'Q' 1
q . ; ,
k~' ,
Y '
51' .
e ,
b; _ . , , , _ _ _
is not. delinquent.in payment of costs of contract perfornance in the ordinary
- course:of business) costs' incurred, but not necessarily paid, for materials whch have been . issued from the Contractor's stores inventory and placed in the
- production process for use on the contract, for.d', rect labor, for. direct
- travel', for other direct inhouse costs,'and' for properly allocable and~ allow- ,
able indirect costs, as is shown by records maintained by the Contractor for l purposes of obtaining reimbursement under Government contracts plus the amount
- of progress payments.which have been paid to the Contractor's subcontractors under similar cost standards. In' addition, when pension contributions are
. paid by the Contractor to:the retirement fund less frequently than quarterly, ,
accrued costs' therefor shall'be excluded from indirect costs.for payment pur- '
poses until such costs are paid. If pension contributions are paid on a "
quarterly 'or more frequent basis, accruals therefor may be included in direct costs for payment purposes provided that they are paid to the- fund within'
~
30 days after the close of.the period covered. If payments are not made to ;
the fund witnin such 30-day period, pension contribution' costs shall be excluded from indirect-cost for payment purposes until payment has been made. The restriction on payment more frequently than bi-weekly and the requirement of.
prior payment for items or services purchased directly for the contract shall not apply wnen the Contractor-is a small business concern.
(c) Promptly after receipt of each invoice or voucher and statement of cost, the Government shall, except as-otherwise'provided in this contract , , ,
subject to the provisions of (d) below, make psyment thereon as approved by '
the Contracting Officer. Payment .of the fixed-fee, if- any, shall be made to the Contractor as specified in the Schedule: Provided, however, That after payment of.85 percent of the fixed-fee set forth in the Schedule, the Contracting Officer may withhold further payment.of fee until a reserve shall have been set aside in an amount which he considers.necessary to protect the interests
- of the Government, but such reserve shall not exceed 15 percent of the total fixed-ree, or $100,000, whichever is less.
(d) At any time or times prior to final payment under this contract the :
Contracting Officer may have the invoices or vouchers and statements of cost ';
audited. Each payment theretofore made 'shall- be subject to reduction for
~
amounts included in the related invoice or voucher which are found by the
'ContractingOfficer,onthebasisofsuchaudit,nottoconstitutealIowable cost. Any payment may be reduced for overpayments, or increased for underpay-
! ments, on preceding invoices or vouche.'s.
\:
(e) Onreceiptandapproval-oftheinvoiceorvoucherdesignatedbythe :
Contractor as the ' completion invoice" or " completion voucher" and upon com-pliance by the Contractor with all the provisions of this contract (including, ,
without limitation, the provisions relating to patents and the provisions of (f),- below), the Government shall promptly pay to the Contractor any balance of allowable cost, and'any part of the fixed-fee, which has been withheld pursuant to (c), above, or otherwise not paid to the Contractor. The com-pletion ' invoice or voucher shall be submitted by the Contractor promptly following completion of the work under this contract but in no event later i than 1 year (or such longer period as the Contracting Officer may in his j . discretion approve in writing) from the date of such completion.
'*n -er---r - , - - w.m, , r se w e*+ e n e - ve *- =were es er= w r - ew ww-e 9&* *-* v +r--e we' h e V
,f H
ii ii 1) i
-- 52 :
i l
(f) The Contractor agrees'that any refunds, rebates, credits, or other .l amounts (including any interest thereon) accruing to or received by the Con-
- tractor or.any assignee under this contract shall be paid by the Contractor l to the Government, to the extent that they are properly allocable to costs for
- which the Contractor has been reimbursed by the Government ~under this contract.
Reasonable expenses incurred by the Contractor for the purpos,e of securing such refunds, rebates, credits, or other amounts shall.be allowable costs l hereunder when approved by the Contracting Officer. Prior to final payment )
under this contract,-the Contractor and each assignee under this contract l whose assignment is in effect at the time of final payment under this contract l
shall execute and deliver:
(1) An assignment-to the Government, in form and substance satis. factory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including any interest thereon) properly allocable to costs for which the ;
i Contractor has been. reimbursed by the Government under this contract; and ;
(2) A release discharging the Government its officers, agents, and !
employees from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
- (i) Special claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor; l (ii) Claims, together with reasonable expenses incidental thereto, ,
based upon liabilities of the Contractor to third parties arising out of the performance of this contract: Provided, However, That such claims are not t known to the Contractor on the date of the execution of the release; and pro- '
vided further, that the Contractor gives notice of such claims in writing to the Contracting Officer not more than 6 years'after the date of the release or ,
the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier; and (iii) Claims for reimbursement of. costs (other than expenses of the l Contractor by reason of its indemnification of the Government against patent liability), including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of this contr'act relating to patents.
(g) Any cost incurred by the Contractor under the terms of this contract t which would constitute allowable cost under the provisions of this clause shall be included in determining the amount payable under this contract, l notwithstanding any provisions contained in the specifications or other docu- l i
-ments incorporated-in this contract by reference, designating services to be l
performed or materials to be furnished by the Contractor at his expense or l
l without cost to the Government. l l
i 1
I 4 i . . 1 I' ' ~
.7 g i
I 53 i
~
5.4 Allowable Cost and Payment'(1-7.402-3(b))
(Applicable to contracts, without fee)
, .(a) :For the performan'e c of this contract, the Government shall pay to the Contractor the cost thereof (hereinafter referred to as " allowable cost") ;
determined by the Contracting Officer to be allowable in accordance with,: ..
(1) Subpart la15.2 of the Federal Procurement Regulations (41 CFR 1-15.2),
as in effect on the date of this contract; and
.(2) The terms of this contract.
(b) . Payments shall be made to the Contractor when requested as work progresses, but not more freqcently than bi-weekly, in amounts approved by the ,.
. Contracting Officer. The Contractor may submit to an authorized representative of the' Contracting Officer, in such form and reasonable detail as such represent-
- ative may require, an invoice or public voucher supported by a statement of. ,
cost for the performance of this contract and claimed to constitute allowable .
cost. For this purpose, except as provided'herein with respect to pension contributions, the term " costs" shall include only those recorded costs which result, at the time of the request for reimbursement, from payment by cash, chsck, or other form of actual payment for items or services purchased directly for the contract,' together with (when the Contractor is not delinquent in -
payment of costs of contract performance in the ordinary course of business) costs incurred, but not necessarily paid,'for materials which have been issued from.the Contractor's store. inventory and placed in the production process for use on the contract, for' direct labor, for direct travel, for other direct inhouse costs, and for properly allocable and allowable indirect costs, as is shown by' records maintained by the Contractor for purposes of obtaining ,
reimbursement under Government contracts plus the amount of progress payments which have been paid to the Contractor's subcontractors under similar cost standards. In addition, when pension contributions are paid by the Contractor to tho' retirement fund less frequently than quarterly, accrued costs therefor i shall be excludad from indirect costs for payment purposes until such costs i are paid. If p,ision contributions are paid on a quarterly or more frequent basis, accruals therefor may be included in indirect costs for payment purposes provided that they are paid to the fund within 30 days after the close of the period covered. If payments are-not made to the fund within such 30-day period, pension contribution costs shall be excluded from indirect cost for payment purposes until payment has been made. The restriction on payment more frequently than bi-weekly and the requirement of prior payment for items or
- services purchased directly for the contract shall not apply when the Contractor is a small business concern.
(c) Promptly after receipt of each invoice or voucher and stat ent of cost, the Government shall, except as otherwise provided in this contract ,
subject to the provisions of (d), below, make payment thereon as approved by l the Contractng Officer.
54 After payment of an amount equal to 80 percent of the total estimated I cost of performance of this contract set forth in the Schedule, the Contract-ing Officer may withhold further payment on account of allowable cost until a reserve shall have been set aside in an amount which he considers necessary to protect the interests of the Government, but such reserve shall not exceed 1 percent of (the Government's share of) such total e:,timated cost or $100,000, whichever is less.
-(d) At any time or times prior to final payment under this contract the l Contracting Officer may have the invoices or vouchers and statements of cost audited. Each payment theretofore made shall be subject to reduction for l amounts included in the related invoice or voucher which are found by the Contracting Officer, on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for overpayments, or increased for underpay-ments, on preceeding invoices or vouchers.
(e) Onreceigtandapprovaloftheinvoiceorvoucherdesignatedbythe Contractor as the completion invoice" or " completion voucher" and upon compliance by the Contractor with all the provisions of this contract (including, without limitation, the provisions relating to patents and the provisions of (f),
below, the Government shall promptly pay to the Contractor any balance of allowable cost which has been withheld pursuant to (c), above, or otherwise not paid to the Contractor. The completion invoice or voucher shall be submitted by the Contractor promptly following completion of the work under this contract but in no event later than 1 year (or such longer period as the Contracting Officer may in his discretion approve in writing) from the date of such completion.
(f) The Contractor agrees that any refunds, rebates, credits, or other ;
l amounts (including any interest thereon) accruing to or received by the Con- '
tractor or any assignee under this contract shall be paid by the Contractor to the Government, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract.
Reasonable expenses incurred by the Contractor for the purpose of securing such refunds, rebates, credits, or other amounts shall be allowable costs hereunder when approved by the Contracting Officer. Prior to final payment under this contract, the Contractor and each assignee under this contract whose assignment is in ef fect at the time of final payment under this contract shall execute and deliver:
(1) Any assignment to the Government, in form and substance satisfactory i to the Contracting Officer, of refunds, rebates, credits, or other amounts (including any interest thereon) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (2) A release discharging the Government its officers, agents, and employees from all liabilities, obligations, and claims arisinc' .m of or under this contract, subject only to the following exceptions:
(i) Special claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor.
'e W &<
.,w t
55 (ii) Claims, together with reasonable expenses incidental thereto,
. based upon liabilities of the Contractor to third parties arising out of C.c performance of this contract: Provided, however, That such claims are not known to the Contractor on the date of the execution of the release; and provided further, that the Contractor gives notice.of such claims in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to'the Contractor that the Government is prepared to make final payment, whichever is earlier; and (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of'the Government against patent liability), including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of this contract relating to patents.
(g) Any cost incurred by the Contractor under the terms of this contract which would constitute allowable cost under the provisions of this clause shall be included in determining the amount payable under this contract, notwithstanding any provisions contained in the specifications or other documents incorporated.in this contract by reference, designating services to be performed or materials to be furnished by the Contractor at his expense or without cost to the Government.
5.5 Negotiated Overhead Rates (1-3.704-1)
(a) Notwithstanding the provisions of the clause of this cratract entitled
" Allowable Cost, Fixed Fee, and Payment," the allowable indirect :osts under this contract shall be obtained by applying negotiated overhead rates to bases agreed upon by the parties, as specified below.
(b) The Contractor, as soon as possible but not later than rinety (90) days after the expiration of his fiscal year, or such other periot as may be specified in the contract, shall submit to the Contracting Officer, with a copy to the cognizant audit activity, a proposed final overhead rate or rates for that period based on the Contractor's actual cost experience during that period, together with supporting cost data. Negotiation of overhead rates by the Contractor and the Contracting Officer shall be undertaken as promptly as practicable after receipt of the Contractor's proposal.
(c) A11owability of costs and acceptability of cost allocation methods shall be determined in accordance with Subpart 1-15.2 of the Federal Procure-ment Regulations (41 CFR 115.2) as in effect on the date of this contract.
Subparts 1-15.3 and 1-15.7 of said Regulations apply in contracts with educational institutions or with State and local governments, respectively.
(d) The results of each negotiation shall be set'forth in a modification '
to this contract, which shall specify (1) the agreed final rates, (2) the bases to which the rates apply, and (3) the periods for which the rates apply.
(e) Pending establishment of final overhead rates for any period, the Contractor shc11 be reimbursed either at negotiated provisional rates as pro-vided in the contract, or at billing rates acceptable to the Contracting
m,- . . -- - - -
ge '
<r.
N 4
. .0fficer, ' subject to appropriate' adjustment when the final rates for that period are established. :To prevent. substantial over or under payment, and to
, apply either; retroactively or prospectively: .(1) Provisional rates may, at- ,
the request of eitherl party, be revised by mutual agreement and (2) billing i rates may be adjusted at any time by the Contracting Officer. Any such revision of. negotiated provisienal rates provided in the contract shall be set
- forth'in a modification to this contract.
'(f) Any failure by the parties to agree on any final rates under this clause shall be considered a dispute concerning a question of fact for decision by.the Contracting Officer within the meaning of-the " Disputes" clause of this contract.-
5.6- State and Local Taxes .
t (a) The contractor agrees to notify the Comission of any State or local tax, fee, or charge levied or purported to be levied on or collected from the contractor with respect to the contract work, any transaction thereunder, or property'in the custody or control of the contractor and constituting an allowable item of cost if due and payable, but which the contractor has reason tn believe, or the Commission had advised the contractor, is ur may be inapplicaole
- or invalid; and the contractor further agrees to refrain from paying any such tax, fee, or charge unless authorized in writing by the Commission. Any State or local tax, fee, or charge paid with the approval of the Commission or on the basis of advice from the Commission that such tax, fee, or charge is applicable.and valid, and which would otherwise be an allowable item of costs, shall not be disallowed as an item of cost by reason of any subsequent ruling or determination that.such tax, fee
- , or charge'was in fact inapplicable or-
~
invalid.
(b) . The contractor agrees to take such action as may be required or approved by the Comission to cause any State or local tax, fee, or charge which would be an allowable cost to be paid'under protest; and to take such action as"may be required or approved by the Commission to seek recovery of any payments made, including assignment to the Government or its designee of all_ rights' to an abatement or refund thereof, an.1 granting ' permission for the Government to join with the contractor in any proceedings for the recovery thereof or to sue for recovery in the name of .the contractor. If the Commission directs the contractor.to insi.itute litigation to enjoin the collection of or to. recover payment of any such tax, fee, or charge referred to above, or if a claim or suit is filed against the contractor for a tax, fee, or charge it has refrained from paying'in accordance with this article, the procedures and requirements of the article entitled " Litigation and Claims" shall apply and the costs and expenses incurred by the contractor shall be allowable items of i cost, as provided in this contract, together with the amount of any judgment
~
. rendered against'the contractor.
(c) The Government shall save the contractor harmless from penalties and interest' incurred through compliance with this article. -All recoveries or credi?s in respect of the foregoing taxes, fees, and charges (including interest) shall inure.to be for the sole benefit of the Government.
. o ..
. , , . . - _ - , . _ . . _ . . .m',, ,,r.,. ~ 4 , y ,~,-e.
, 1 ~ .
c ,9 {
)?w N '
j L,. ,
L L
, ^ 57 '-
l 5.7' Termination for Default or for Convenience of the' Governemnt (1-8.702)
(a) The performance of-work under the contract may be terminated by the ,
Government in accordance with this clause in whole, or from time to time in !
part:
-(1) L Whenever the contractor shall default in performance of this contract in accordance with its terms (including inithe term " default" any sut.h f'ai. lure - !
by the contractor to make progress.in the prosecution of the work hereunder as !
s - endangers such performance), and shall fail to cure such default within a period +
of ten days (or such longer period as the Contracting Officer may allow after receipt from the Contracting Officer of a notice specifying the default; or (2) Whenever for.any reason the Contracting Officer shall determine that -
such termination is in the best interests of the Government.
'Any such termination shall be effected by delivery to the contractor of a Notice' of. Termination speci.fying whether termination is for the default of the t contractor or for the convenience of the Government, the extent to which
- performance of work under the contract is terminated, and the date upon which If, after notice of termination of this
~
such termination becomes effective.
contract for default under (1) above, it is determined for any reason that the .
contractor was not in default pursuant to-(1), or that the contractor's failure ,
to perform or to mah progress in perfurmance is due to causes beyond the
. control and without the fault'or negligence of the contractor pursuant to the provisions of the clause of this contract relating to excusable delays, the Notice of Termination shall be. deemed to have been issued under (2) above, and the rights and obligations of the parties hereto shall in such event be i
governed-accordingly. ;
(b) After receipt of a Notice of Termination and except as otherwise
' directed by the Contracting Officer, the contractor shall: ;
(1) Stop work under the contract on the date and to the extent specified '
in the Notice of Termination; (2). Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such pertion of the work under the contract as is not terminated;
. (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; i
(4) Assign to the Government, in tho manner and to'the extent directed O by the Contracting Officer, 611 of the right, title, and interest of the con-tractor under the orders or subcontracts so terminated, in which case the ,
Government shall have the right, in its discretion, to settle or pay any or l al1 -laims arising out of the termination of such orders and subcontracts; (5)_ With the. approval.or ratification of the Contracting Of'icer, to the-extent he may require,- which approval or ratification shall ce final and l
- ~ _ _ . _ _ _ _ . _ . . _ _ _ _ _ _ _ _ _. _ _ . a
58 conclusive for all purposes of this clause, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of this contract; (6) Transfer title to the Gon ent (to the extent that' title has not already been transferred) and deli. en the manner, at the times and to the extent directed by the Contracting Di/icer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of, the work terminated by the Notice of Termination; (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract had been com-1 pleted .would be required to be furnished to the Government; and (iii) the f jigs, dies, and fixtures, and other special tools' and tooling acquired or manufactured for the performance of this contract for the cost of which the
' i contractor has been or will be reimbursed under this contract; f i (7) Use his best efforts to sell; in the manner, at the times, to the i extent, and at the price or prices directed or authorized by the Contracting
) Officer, any property of the types referred to in (6) above: Provided, however, That the contractor (1) shall not be required to extend credit to any '
- [ . purchaser, and (ii) may acquire any such property under t,he conditions pre-C scribed by and at a price or prices approved by the Contracting Officer: And ,
? -
>rovided further, That the proceeds of any such transfer or disposition shaIT
} >e applied in reduction of any payments to be made by the Government to the i contractor under this contract or shall otherwise be credited to the price or
! cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct; L (8) Complete performaro of such part of the work as shall not have been terminated by the Notice of Termination; and ,
r ..,
(9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the contractor and in which the Government has or may acquire an interest. ,
The contractor shall proceed immediately with the performance of the -
above obligations notwithstanding any delay in determining or adjusting the amount of the fee, or any item of reimburseable cost, under this clause. At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition may be amended from time to time, the contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Officer, and may request the Government to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter, the Government will accept such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Contracting Officer upon y..,
, = ,
f, :
59
- removal of the items or, if the items are stored, within forty-five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement.
(c) After receipt of a Notice of Termination, the contractor shall submit to the Contracting Officer his terminati8a claim in the form and with the certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one'or more extensions in writing are granted by the Contracting Officer upon request of the contractor made in writing within one year period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination clain at any time after such one year period or any extension thereof. Upon failure of the contractor to submit his ter-mination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the contractor by reason of the termination and shall thereupon pay to the contractor the amount so determined.
(d) Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid (including an allowance for the fee) to the contractor by reason of the total or partial termination of work pursuant to this clause. The contract shall be amended accordingly, and the contractor shall be paid the agreed amount.
(e) In the event of the failure of the contractor and the Contracting Officer to agree in whole or in part, as provided in paragraph (d), as to the amounts with respect to costs and fee, or as to the amount of the fee, to be paid to the contractor in connection with the termination of work pur-suant to this clause, the Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the contractor by reason of the termination and shall pay to the contractor the amount determined as follows:
, (1) If the settlement includes cost and fee -
(i) There shall be included therein all costs and expenses reimburseable in accordance with this contract, not previously paid to the contractor for tne performance of this contract prior to the effective date of the Notice of Termination, and such of these costs and may continue for a reasonable time thereafter with the approval of or as di ected by the Contracting Officer: Provided, however, That the contractor shall proceed as rapidly as practicable to discontinue such costs; L
s l
60 (ii) There shall be included therein so far as not included under (i) above, the cost of settling and paying claims arising out of the termin-ation of work under subcontracts or orders, as provided in paragraph (b)(b) above, which are properly chargeable to the terminated portion of the contract; (iii) There shall be included therein the reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory: Provided, however, That if the termination is for default of the contractor there shall not be includer) any amounts for the preparation of the contractor's settlement proposal; and (iv) There shall be included therein a portion of the fee payable under the contract determined as follows -
(A) In the event of the termination of this contract for the ,,
convenience of the Government and not for the default of the contractor, there shall be paid a percentage of the fees equivalent to the percentage of the completion of work contemplated by the contract, but exclusive of subcontract effort included in subcontractors' termination claims, less fee payments previously made hereunder; or (B) In the event of the termination of this contract for the default of the contractor, the total fee payable shall be such proportionate part of the fee (or, if this contract calls for articles of different types, of such part of the fee as is recsonable allocable to the type of article under considtf d ion) as the total number of articles delivered to and accepted by the Government bears to the total number of articles of a like kind called for by this contract.
If the amount determined under this subparagraph (1) is less than the total payment theretofore made to the contractor, the contractor shall repay to the Government the excess amount.
.(2) If the settlement includes only the f,a, the amount thereof will be determined in accordance with subparagraph (1)(iv) above.
(f) Costs claimed, agreed to, or determined pursuant to paragraphs (c),
(d), and (e) of this clause shall be in accordance with the contract cost principles and procedures in FPR 1-15.2.
(g) The contractor shall have the right of appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (e) above, except that, if the contractor has l failed to submit his claim within the time period provided in paragraph (c) j above and has failed to request extension of such time, he shall have no such 1 right of appeal. In any case where the Contracting Officer has made a determina- I tion of the amount due under paragraph (c) or (e) above, the Government shall {
l f..., i
N 1
61 L
1 pay to the contractor the following: (1) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer, or (2) if an appeal has been taken, the amount finally determined on such appeal.
(h) In arriving at the amount due the contractor under this clause there shall be deducted (1) all unliquidated advance or other payments theretofore made to the contractor, applicable to the terminated portion of this contract, (2) any claim which the Government may have against the contractor in connection with this contract, and (3) the agreed price for, or the proceeds for sale of, any materials, supplies, er other things acquired by the contractor or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to the Government.
(i) In the event of a partial termination, the portion of the fee which is payable with respect to the work under the conthPJed portion of the con-tract shall be equitably adjusted by agreement between the contractor and Contracting Officer and such adjustment shall be evidenced by an amendment to this contract.
(j) The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the contractor in connection with the terminated portion of the contract whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the contractor will entitled hereunder. If the total of such payments is in excess of the amount finally determined to be due under this clause, such excess shall be payable by the contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the contractor to the date on which excess is repaid to the Government: Provided, however, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the contractor's claim by reason of retention or other disposition of termination inventory until 10 days after the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
(k) The provisions of this clause relating to the fee shall be inapplicable if this contract does not provide for payment for a fee.
i 9
i
'9
'a. 55 q$A tA
- gD sacc. alG te lCF at 1.16.608 AWAr.D/CGE.7ACT ri4 ^ ^[
- 1. Cord.A."1 d l%< l' ass. Id.es./ HO. 2. cFFECT'vt Daf t 2. ItQUt$#flON/PVRCnA$t MQVt5fiPROJECT NO, d CtefiritD FOR NATaONAL DtFlN$$ UNDit $3$A URC-C4-01-IS3 3/2/81 RES-80-176 dtd. 3/28/80 "L2,ANDion A DMs no. i.
- 7. Dltiday 3 is$tifD BY = CODE 6. ADMINISTitcD BY CODE l
/// e,A,r 44.,n aled sj rOs Dests.
U.S. I;uclear Regulatory Commission G NAMN Orna Division of Contracts C '">t su 1:ashington, DC 205S5 4 s. Co M8xiot cooE j l racttfris.coEj e. D sCOUNr eon PaOmri PavesNr sw: e o Accarss ,
I Lehigh University llet Office of Research 7 3,,,,,, c ,,, !
aeo. s .<e. Linderman Library Building 30
"""'#" Bethlehem, PA 18015 ;
io 3U,,,, ,NyO,C,3 u ,e,,,, e ,z,,, e,3,, i.,
, spu,f,di to ADDuss sMOwN IN 6 LOCK
' 12. PAYMENT WILL BE MADE BY CODE l ii. sNie :o/MAnc tot COO!l l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of sto iear Regulatory Research Office of Controller (C0N)
Attn: Dr. Y. Y. Hsu, MS: 1130/SS Washington, DC 20555 Usshinaton, DC 20555
- 13. THIS PaOCuttutNT WAS ADvit1ISED { htGOTIArID, PUA$UANT TO.
h 41 U.S C. 252 (cx10 4 14, ACCCWING AND APPiloftlATION DATA BaR No. 60-19-01-10 FIN No. B6794 $117,000.00 *
- 17. 18. 19. 20.
- IS. le.
AMOUNT lit m ho $ UPPtit S/5tavtCt3 QU A NilTY UNIT UNtf PRlCt 5 AWARD OF A COST REIMBURSEMENT CONTRACT AS THE RESULT OF A COMPETITIVE SOLICITATION (RFP RS-RES -
I 80-176) FOR A RESEARCH STUDY ENTITLED "NON-EQUILIBRIUM HEAT TRANSFER AND TWO-PHASE l INSTRUMENTATION" DATED 7/15/80. PERIOD OF 36 MONTHS FROM EFFECTIVE DATE p- g d
PERFORMANCE:
0F CONTRACT. ) e@~ .
I
- INCREMENTAL FUNDING OF $117,000.00 PROVIDED BY THIS ACTI0fs. REMAINING FUNDS OF h 4p8dgu,
$494,029.00 TO BE PROVIDED IN FY-82 AND FY-83 SUBJECT TO THEIR AVAILABILITY.
. h9._ kg@8fg
,d1
[\h :
1 l
2i. Estimated Ceiling total AMousr or cosuici s61i.029.00 _
. CONTRACTING OFFICER IVILL CO3tPLETE BLOCK 22 OR 26 AS APPLICABLE 2s. Q AwsnD (Ceerracter is not required in sige this duumuse ) seau ener
- 22. Q CO<aAC1on's NEGot1Att0 AGRitMtNT (Centrester in required to uge
-topies le issuing eftt.) Centruter egrees en Solisitation Nwebe inefeding the Ibis dwument and return _
ta fw0sh and deli.ee ett dems or penorm all the serwises set forth or otherwise edditiene et shenges mode by yev which odd;t: ens er shenges sie set forth in fwll obe.e is hereby eccepted as to the iteme listed sewee end en any sent:austsee shoes.
sden* red ebe.e end on any tenslavet6en sheeve for the sezuderation stoied herem.
The r s'ies and ebf teens el the perhes to this sentescs shelt be swbiect to and go. This e-erd sensommates the contract which sensists of the following documents (e) 4 eened by the f erwmesses (el this sweed/conteett, (b) the solasstehen, of any, the Co.eenmenre solicitarsen and your e R er, and (b) this award /tenevect. He
, sep,..entatieert est.6coheas, and spes.Acos. ens, es are forthen sentreceval document is necessery.
cas :3) s,ch .e.i.i enos, ed or orper d bygenosse n. (Attas-Amanos are listed herrie.) (
h I! j- p gi 15.gneswee of pelien evener. sed is e.gn) gl (5.geerwee et Centeoct ng Ocee.g
, 24.N $1GNt2 [7/ ft er praef) 23. DAlt $4GNED 28. NAMt OF CONIRACTING OFFICit (Type er prrnt/ 29. Daft SIGNiD MAR 17108) Kellogg V. Morton 3ies:i I Vice Pres. i dent Research l ,
g 8/'8 W 6O5 y [p g """'""'"']""'"'""-"~"'
o .
. 44 2 of 4 ARTICLE I - STATEMEllT OF UORK.
~
Paragraph E. DELIf! EAT!0it 0F CONTRACTOR _
TASKS 7 Task 3-1 is revised to read as follows:
Task 3-1. To help improve the understanding of physical phenomena, it will be necessary to run some tests in an eletrically heated tube for comparing with bundle data and for linking with an existing tube data base.
ARTICLE II - PERIOD OF PERFORMANCE, is revised to read as follows:
The periormance of work described in ARTICLE. I hereof shall commance as of the effective date of this contract and shall continue to completion thereof, estimated to occur within 36 months after said contract is -
a f fecti ve.
ARTICLE III - CONSIDERATI0il AND PAYMENT Paragraph A, is revised to read as foTlows:
A. ESTIMATED COST AND OBLIGATION
- 1. It is estimated that the total cost to the Government for full performance of this contract will be $611,029.00.
This amount shall be a ceiling amount which the Contractor shall not exceed without prior written approval of the Contracting Officer.
- 2. Total funds currently available for payment end allotted to this contract are $117,000.00.
- 3. It is estimated.that the amount currently allotted will cover performance through October 1,1981.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES. Paragraphs A and B are revised to read as follows:
A. The Contractor shall be reimbursed for allowable indirect costs at the rate of percent of modified total. direct costs which is in effect for the life of the contract (exclusive of equipment costs, computer charges, and subcontracts).
B. Deleted.
Under ARTICLE VI - KEY PERSONNEL, the following name is added: ;
Dr. John C. Chen Under ARTICLE VII - TECHNICAL DIRECTION AND AUTHORIZED REPRESENTATIVE, insert the following name:
Dr. Y. Y. Hsu l
l
., w.n . 41 .0 , ..e w, v - w d Page 3 of 4 Under ARTICLE VIII - TRAVEL REIMBURSEMENT, the solicitation Article is deleted and replaced by the following:
" ARTICLE VIII - TRAVEL REIMBURSEMENT
- 1. The contractor will be reimbursed for reasonable domestic travel costs incurred directly and specifically in the performance of
! this contract and accepted by the Contracting Officer, in accordance i with the contractor's approved travel policy on file with the NRC.
l 2. The cost of travel by privately owned automobile shall be reimbursed at the mileage rate prescribed by the contractor's established, generally applicable travel policy; provided, however, that such
( reimbursement shall not exceed the cost of less than first-class travel by common carrier.
l l
- 3. The cost of travel by rent a automobile shall be reicbursed on a reasonable actual expense basis that does not exceed the rates prescribed by the contractor's established, generally applicable travel policy.
- 4. All common carrier travel reimbursable hereunder shall be via l economy class rates when available. If not available, reimburse- I ment vouchers will be annotated that economy class accommodations l were not available. First-class air travel is not authorized. ;
i 5. Reasonable actual costs of lodging and subsistence, or per diem j in lieu of actual costs, shall be allowable to the extent that j such actual costs or per diem amounts do not exceed the amounts or per diem rates prescribed by the contractor's established, 1 generally applicable travel policy. j
- 6. Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00. '
- 7. Any revision to the contractor's established, generally applicable travel policy approved by the cognizant audit agency during the period of performance of this contract shall be effective, without formal modification to this contract, upon delivery to the Contracting Officer of a copy of such revised policy together with evidence of cognizant audit agency approval thereof."
The following ARTICLES are hereby deleted in their entirety:
ARTICLE IX - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN
- ARTICLE X - INCENTIVE SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND l SMALL DISADVANTAGED BUSINESS l
Under ARTICLE XIII - GENERAL PROVISIONS / ALTERATIONS, the General Provisions,
! entitled, " Cost Type Researcn and Development Contracts with Commercial
! Organizations" dated 2/6/80 is hereby deleted and replaced by the General l Provisions, entitled, " Cost Type Research and Development Contracts with l Educational Institutions" dated 2/15/78.
~
o '
COliTRACT f;0. IlRC-04-Cl-183_
Page 4 of 4 i
l 1
The following clause is added to the above General Provisions: l FPR Temp " Utilization of Small Business Concerns and June 20, 1979 Reg. flo. 50 Small Business Concerns Owned and Controlled i by Socially and Economically Disadvantaged Individuals" i
The following clause is hereby deleted frcm the above General ,ovisions:
Key Personnel 9 3 y p ,_, __..e ,. _ _ ____ , , , . . . _ _ . , v _y.,.,...,q_..,me..,_r,_