ML20126M748
| ML20126M748 | |
| Person / Time | |
|---|---|
| Issue date: | 04/10/1981 |
| From: | Lebo C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20126M746 | List: |
| References | |
| CON-NRC-10-81-409 NUDOCS 8106220040 | |
| Download: ML20126M748 (66) | |
Text
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- UNITED s7ATEs
/T. f NUCLEAR REGULATORY COMMISSION
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g WASHWG TON, D. C. 20665 April 10, 1981
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l Gentlemen: 1
Subject:
Invitation for Bid No. RS-ADM-81-409 Entitled " Shuttle Bus Service" 1
The U.S. Nuclear Regulatory Commission (NRC) is soliciting bids for the
. project entitled above. The full scope of work anticipated is as set forth in that part of the invitation for bid entitled " Contract Schedule - Statement of Work."
If you desire to respond, you bid should address the bid content requirements set forth in the body of the solicitation. All bids will be evaluated against the evaluation criteria shown in Part II. For your convenience, an "IFB Sumary" has been provided as Enclosure A. Instructions for completing and submitting your bid is provided as Enclosure B.
Should you determine that you do not wish to submit an offer a "No-Offer Response" form is provided as enclosure E.
The solicitation package is included as Enclosure D.
If you have any questions concerning the requirements of this solicitation, please contact Mr. Mark Flynn, contract specialist, at 301/427-4420 (collect calls will not be accepted).
Sincerely,
~Craig D. Lebo Contracting Officer
Enclosures:
A. IFB Sumary B. Bid Submission Instructions C. -No-Offer Response Form D. SolicitationPackage(SF33w/ attach) 8106 22 O Of C
IFB
SUMMARY
The following summary provides a general description of this requirerent.
Further detailed information is furnished in the applicable sections of the IFB.
IFB NO.: RS-ADM-81-409 IFB TITLE: Shuttle Bus Service BRIEF STATEMENT OF WORK: The Contractor is to provide shuttle bus services between an NRC facility located on Nicholson Lane, Rockville, MD and Eastern Avenue, Silver Spring, MD.
IFB RESTRICTIONS:
f[/ Unrestricted
((7 Mandatory Small Business and Small Disadvantaged Business Subcontracting jlf Set-Aside Total Small Business - Labor Surplus Area Set-Aside Total Small Business Set-Aside
_ Partial Small Business Set-Aside ISSUE DATE: April 10, 1981 CLOSING DATE/ TIME: April 24, 1981, 3:00 p.m.
ESTIMATED LEVEL OF EFFORT: N/A PERIOD OF PERFORMANCE: N/A PROPOSAL ACCEPTANCE PERIOD: 40 Days ANTICIPATED AWARD DATE: N/A TYPE OF CONTRACT ANTICIPATED: Fixed Price Requirements SECURITY REQUIRENENTS: N/A PRE-PROPOSAL CONFERENCE: N/A TELEGRAPilIC RESPONSES ARE NOT AUTHORIZED.
ENCLOSURE A 4
, _ , , . . . , , , . . , , - - ~ < -
"" ' ' * * " ~'"
, ,, m.0 -epper-BIO SUBMISSION INSTRUCTIONS The following instructions are provided as a summary guide to assist the bidder in the submission of a bid 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 BIO Three'(3) original signed copies of the solicitation package, i.e.,
Standard Form 33 with attachments.
I BIDOER " FILL-INS" Bidder must complete Block Nos. 16,17,18,19, and 20 of the . SF-33 along with completion of all representations and certifications contained on pages
'2 through 5 of the solicitation package.
NOTE: The bidder must set forth full, accurate, and complete information as, required by this solicitation (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.
L TRANSMITTING BIO
-- All bids should be addressed as indicated in Block 7 of the Standard Form 33.
l The envelope used in submitting your bid 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 bids should be addressed as indicated in Block 7 of the Standard Form 33 and delivered to Mr. Mark J. Flynn, Bid Opening Officer, or Miss L. Martin, Bid Opening Officer's Representative, at the guards desk >
at 7915 Eastern Avenue, Silver Spring, Maryland 20910. !
l l t l
l-00 NOT HAND DELIVER TO
~~~ BUILDING SECURITY GUAROS.
PHONE X-74420 AT-UIE GUARI~6ESK.
Telegraphic bids are not authorized, and if submitted, such bids shall be rejected.
1 ENCLOSURE B G
y .--
4 l
NO-OFFER RESPONSE FORM j
IFB NO.: RS-ADM-81-409 TITLE: SHUTTLE BUS SERVICE Please review the enclosed IFB. If you do not desire to submit a bid complete the section below, fold this sheet as indicated on the reverse.
- staple, affix postage, and mail back to the NRC.
t A
Gentlemen: ,
Please be advised that we do not desire to submit a proposal for the above ipB.
We M desire / / do not desire to be retained on the NRC Contractor Bidders' MaiTTng L,ist.
, /-"7 We desire to be placed on the NRC Contractor Bidders Mailing List.
I I
Name & Address of Organization:
i Authorized Signature:
Typed Name and
Title:
Date:
ENCLOSURE C l
4 l - - . . . - , . . - - . - - . . . - . .
4 6
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b
- i TABLE OF CONTENTS This Invitation For Bid (IFB) consists of the following: ,
PART I - GENERAL PROVISIONS A.- Standard Form 33; Solicitation, Offer and Award B. Representations, Certifications, and Acknowledgments PARTII-SOLICITATIONINSTRUCTIONSANDCONDITIONSANbNOTICESTOBIDDERS A. Solicitation Instructions and Conditions
, B. Notices to Bidders:
.i 1. Notice of Requirement to Certify Nonsegregated Facilities
- 2. Bid Identification
- 3. Cost of Bid Preparation 4 Award Notification S. Type of Contract and General Provisions
- 6. Bid Evaluation
- 7. Nondiscrimination Because of Age B. Listing of Employment Openings
- 9. Ccmmitment of-Public Funds
- 10. Minimum Bid Acceptance Period 111. Bidder Qualifications and Past Exoerience
- 12. Public or Private Organizations for the Handicapped or Handicapped -
Individuals.
- 13. Notice of Total Sum 11 Business Set-Aside
- 14. Small Business Size Standards PART III - C0llTRACT SCHEDULE 1.rticle I-- Supplies / Services / Prices
/rticle II - Description / Specifications Article III - Period of Perforrance Article IV - Option to Extend the Period of Performance Article V - Inspection and Acceptance Article VI - Special Provisions l Article VII - Technical Direction and Authorized Representative Article VIII - Payment Article IX - Billing Instructions for Fixed Price Contracts and Purchase Orders Article X - Service Contract Act Wage Determination 1
PART IV - ATTACHMENTS
! NRC Contractor Organizational Conflicts of Interest Attachment I General Provisions Attachment II l
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~ SOUCITATlON, OFFER AND AWARD
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U. S. Nuclear Regulatory Comission Division of Contracts Washington. 0.C. 20555
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c4urion-s.arr omas: s. i.ans ssw.,s s, w Wca,.es (Telegraphic responses are not An .n .,. ,i. e.e.a .
authorized)
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- 4. sun.m. . - _ _ :.=,tiri .,w en seite.a. unhash is eti.en.s .c inser.or as h.r.e. my r sur.ase. . ar. .etaan.d er inser.orseed heresa by refer.asm IAnsons.sas MessWi.e snesWs.1 son aronwarionces. m s a.i m. ,.,,.=>s. Mark J. Flynn, (301) 427-4420
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U.S. Nuclear Regulatory Comission Office of the Controller, GOV /COM Acets Section 1 Washington, DC 20555 76 7.aase of coastaaC7sso o**Cta er,se w we
- 29. U9etTED STATS 3 op Aastm1CA E ***aocara av Craig D. t.ebo .
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. nRS_-ADM.,-81 -409 REPRESENTATIONS, CERTIFIC_ATIONS AND ACKNOWLEDGMENTS ' ' ' -
RE9RESENTATtONS ICher;k or complete alt avoticacic aeast er otocas.)
The otte or represents as part of Mrs offer tnet.
1.
SMALL $USINE55 ISee var I4 on SF 23 A )
Me 2 is, C .s not a small busmess concern if offeror is a smol butmost concern and es not the manufactu he also represents tnat f.I suophet to be furnished hereunder E wtll O will not, be manufacturered eorsupokes tirod coffered, db m the United States is possessions, or Puerto Rico. ue y a small busmosa concern 2.
MINORITY SUSINESS ENTERPRISE He E, es, C is not, a minority busmess enterprise. A mmority business enterprise es ,
defined as a ent of wh'ch t
is owned by minority group memoers group memoers." For or,m case of subhety owned busmesses, at least 51 percen American4rientab. American Indens, American Eskimos, and American.Aleuts.the purpose of th ,
3.
REGULAR DE ALER - MANUFACTURER IAcolocaale only to sucoty contracta exceedmg S10 000)
He is a E regular desier in C manufacturer of, the supobes offered. . .
4.
CONTINGENT F EE ISee ver.150n SF 33E) the offeror f as8 He C nas. K has not, emoneyed or retained any company or oorsons (other than a tuli time con o y for to schCit of secure this Contract, and (bl he C has,3 has not, paid or agreed to pay any Company erson orep/;,11
'uther thart rome cone facto ernorover workmg solery for tne offeror) any fee, commission, percentage, or er the award of this contract; and agrees to furnish information relating to (al and (b) above as requested by the Contr ,
tatoen of the representavois. oncluding the term " bona foot employer,"see Coat of Feebrat. ReevAntoons . , ..
Title
- 5. !
TYPE OF BUSINESS ORGANIZATION of M A h Im oHe coerates as C an mdividual, C a partnersnio, C a nonprofit organisation 2 a coronration mcorporated under the laws of tne State
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4.
AF FILIATION ANO IDENTIFYING OATA /Aooticacte only to adwetised scheiratios:s.1 Eacn offeror snail complete tal and (bl if apolicaole, and (cf be#ow:
,(4) He ~., it.%s not, owned or controlled by a parent company,ISee oer 16 on SF JJ 4.s the parent lbt ifcompany:
the offeror is owned or controlled by a parent corns;eny, he shall enter m the biocus besow the so name and m aws os easse cousaw Ako unen o*r cs soongte mm.ee lasrose.
c, ame as s scorie canu= =w esa ser saa 'r a se a4 canaca s s . .=o
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6 2 -to osh.1 1 EQUAL OPPORTUNITY ta) He S nn, O has not, participated m a orevious contract or subcontract metect either to tne Ecual Opportun the clause origmauv contamed m section 301 of Esecutm Order No.10925, or the ciouse contained m Section 201 of Ese .
11114, tnet he ST hat. C has not, filed all reouired compliance reports; and that reoresentations indicatmg subm reports, signed by proposed subcontractors, will be cetamed prior to suocontract awards. LThe anove reoresentation need connection witn contracts or succontracts which are enemot from tne soual occortunity clause I tb) The bioder (or offeroti reoresents tMat (11 he EI has dovetooed and has on file. C has not devoopect and does n .
each estachsnment affirmative action programs as roovired by the rules and regulations of tne Secretary of Lacer (41 CFR 60 t a (2) he C has not previously had contracts suctect to the written affirmative action orograms reoviramentoftne of tne rule Secreters of Laoor. I The soove representation snatt oe comodered by enen aroo+r (or offerort wnose or:t totter) os 55
$0 or mnre emosovees i 1
CERTsFfCATIONS ICnecir or comorere att avancoote com es or txocust SUY AMERICAN CERTIFICATE The of ferof certifies es part of his offer, that:
each end product, escent the end products l>$ted below, is a domesoc end product tas defined m the dauseoutside manufactured entitled the"United Buy American States, Act"), and that components of weknown origen have been considered to have been mined , ,
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I RS-ADM-81-409 I 3 Page 3 !
CLEAN AIR ANO WATER (Acohcable under an ondefinore quantory contract m any year well escoed $100.000, of the bec or offer encoecs SIO0.000,or the contractme offscer h \
or a facsisty to be used has beers the subrect of a convoctron unoer or the Clean is not otherwrse Air Act (42 U.S.C.1857c.4fcil11)or esempt.) the Federal Water Hlution Control Act (22 U.S C 1219fc))
i-The bidder or offerus certifies as follows; protection Agency List of Violating Facilities.tal Any fmhty to be uttinzed m the performance of this proposed l (b) He wdl promptly notify the contractmg officer, prior to award of the receipt of any communicationi efrom of the Di Feoeral Activities, Environmentel Protection 9 A ency, mdicatire that any facility which he proposes to use for contract is under consideration to be listed on the EPA hst of Violatmg Facilities.
(c) He will melude substantially this' certification, including this paragraph (c), in every nonexempt subcontract.
3.
! CERTIFICATION OF INDEPENDENT PRICE DETERMINATION /Seeser. If on SF 22.A) lap Sy submewon of this offer, the offeror certifies, and in the case of a jomt offer, each party thereto certifies as to its orgamtation, that in connection with this procurement:
(1) The prices m this offer have been arrived at independently, without consultation, commumcation, or agreement ,
purpose of restrtstmg competit.on, as to any matter relating to such prices with any other offeror or with any corngetitor; (2) Unless otherwise reovired by law, the prices which have been ouoted in this offer have not been knowingly Mferor and will not knowmgly be disclosed by the offeror orior to opemng in the case of an advertised procurement or prio case of a negotiated procurement,oirectly or mdi*ectly to any other offeror or to any compet2 tor;and
- offer for tnetL3) No attempt purpos's Mascompetition.
of restrictmg been made or will De made by the offeror to induce any other person or firm to submit or not (b) Each person signmg thrs offer cernfies that:
ill He is the person m the offe*or's orgamration resconsible within that organization for the decision as to th of fered herein and that he has not participated, and will not participate, m any action contrary to fal(1) through (al(3),40cve, of
- 12) til He is not the person m the offeror's orgamration responsible withm that orgam2ation for the decision as to th cong offered herein but that he has been authorized in wriung to act asagent for the persons responsible for such dec such persons have not participated and ws;f not partscipate, in any action contrary to (a)(1) through (4)(3) above, and as thei harecy so certif y; and Dil he has not partgipated, at:d wdl not participate, m any action contrary to (4)(1) througn (alf 3) above.
4 CERT 1FiCATICN 09 NCNSEGREGATED FACluT1ES (Apoucable to (1) contracts. (2) subcontracts, and 1.11 agreements worn Jochcants one are themselves performmg foolerally awsted construction contracts, escoeding S10.000 whicn are not esempt from t ornvrsoons o/ trie Equal Cooorrunity clause.)
Sv rne submission of this bid.. the bidder, offeror, applicant, or subcontractor certifies that he does not mamtam of provide emp'oyees any segregated fac:lities at any of his establ $hments, and that he does not permit his emptoyees to perform their ser
'or:ation anoer ms control, where segregated f acihties are maintained. He correfies further that he wdt not memtam or provi ees any segregated f acdities at any of his establisnments. and that he will not permit his employees to perform their services at a under his control, where agregated f acihties are maintamed. The b.eder, offeror, soplicant, or subcontractor agrees that a breach of f ms tification is a violation of the Ecual Opportumty clause m this contract. As used m this certification, the term " segregated facilitie asiy wait.ng rooms, work areas, rest rooms anc wash rooms, restaurants and other eatmg areas, time c!ccks, locker rooms and o dressmg areas, parking lots, drmkmg fountains, recreation or entertamment areas, transportation, and housing facilities provided for employees of habit, localwebch are segregated by empheit directive or are in fact segregated on the basis of race,' color, religion or national or l custom, or otherwise. He 'urther agrees that (except where he has obtamed identical certifications from proposed subcontractors for specific time pericast he wd4 obtam identical certifications from proposed subcontractors prior to the award of
! sutnontracts exceeding $10.000 which are not exempt from the provisions of the Eoual Opportunety clause; that he *dt retam suc I
certifications in his (des: and that he wdl forward the followmg notice to such proposed subcontractors (except where the prop subcontractors have submitted toentical certifications for specific time periodsh Notece to prospeetsee subcontractors of requirement for certifications of nonsegregated facilities.
A Cainfirauon of Nonsagregated Facdities must be submitted prior to the award of a subcontract exceedmg $10 000 whic ,
viempt from the provisions of the Ecual Opportumty ciause. The certification may be submitted eitner for each subcontract or for all succontracts UA C 1001 durmg a period b.e., Quartarly, semiantmany, or annualty). NOTE. The penalty /or making ta/se o//ers is prescribed in 18 Continued on Page 4 ecm c mi .. .s~ r o wt ACKNOWLEDGMENT OF AMENDMENTS The oeurer scanowiedges recent of amene- Ml mems e me sesoneeen ser owe one reie ed 1eff1 documeNo twmpered and ested to focomew NQ fl Qtteri must set fort
- ru ll. accuratt Jnd comy)ere unformerson as requorec' oy (tus Sofoctrdtoon toricludanst Theattachments) penalty
'Jr meernet false grarements on offers os ore crobedin Ig U S C $Q09 4 wa.,a som aa eseeJ'asv 24 .
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RS-ADM-81-409
, Page 4 PART I
)
Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3)
- 5. WOMAN-0WNED BUSINESS Concern is C is not & a woman-owned business. The business is publicly i owned, a join stock associ 3 _ tion, or a business trust 6 yes 8 no. The business is certified /_[ 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 exercising 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,
' joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily repn.sent that they are, or are not, woman .
y owned if this infortnation is available.
- 6. - PERCENT OF FOREIGN CONTENT The offeror / contractor will represent..(as an estimate), inmediately after I the award of a centract, the percent of the foreign content of the item or l 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) l The offeror hereby acknowledges:
(a) In the perforinance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or '
discharge of employees or in connsction 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- l tional retirement plan, or statutory requirement, and ;
(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, i or statutory requirement. !
- 8. CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
- The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract.
4
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RS-ADM-81-409 .
(- Page 5
- 9. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to S6mm b-sm 5Eamc4 f;,c of a cogact or the modification of an existing contract does /_/ or does not g/ involve situations or relationships 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 e Contracting Officer otherwise detemines 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) detennine that it is othemise in the best interest of the United States to seek award of the contract under the waiver provisions of 6 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 820-1.5404(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 l
misrepresentation is discovered after award, the resulting contract may l be tenninated. The offeror may also be disqualified from subsequent related NRC contracts and be rubject to such other remedial actions pro-vided by law or the. resulting contract.
The offeror may, because of actual or potential organizational conflicts i of interest, propose to exclude ~ specific kinds or work from the statements of work centained 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 respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: - NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
D 4
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PART'II - A. 501.ICITATION INSTRUCTIONS M D CONDITIONS RS-AD"-81-409 Page 6 )
1
- 1. OEFINf7 IONS.
As used herwh: 7. LATE Bitte, MOOfFICATIONS OF BIOS, OM WITHORAWA4 OF i E00L (a) The term Nolicitation" means invitation for Bids (IFS) when (a) Any bid receivrd a' she d& r desieuted in the solicitation aller the procureuunt is advertiard, and Acquest for Proposal (RTP) where the utes. set is negotiated. the enart time speriAed for recemt wdl not be considend unless it is received before award is made and cohrr:
tise(d, and proposal where the procunment is negotiated.). (1) It was Tlwsent term " ester" by repsicied meansmail or certified bid notwhere later thanthethe proc Glth calendar das pnue to the ,iaer spnihed for the incipt of bids (c) For pursenee of this sohcitation and Bloca 2 of Standard Form 1 33, the term " advertised" includes Small Business Restricted Adwr. de g.g a bid subrnitted in resptw to a iulicitation requinns receipt of taseng and other types et restricted ednrtining. bids my the 20th of h month must have been mailed by the 15th or earlier)i er
- 2. PREPARAfl0N OF OFFENS. (2) 1 was sent by mail (or triegram if authoriard) and it is (a) O#erors are espected to esamine the drawings, speciacations, detersained mishandling b the Government that the late receipt was due solely ta Schedule, and all instructions. Failure to do es will be at oferor's the Government after receipt at the Ca--__ zt risk. -
betallation, (b) Each eWeror shall farmish the intenmation required by the (b) Any modtAcation or withdrawal of a bid is subject to the same snaicitation. The o#eror shall sign the solicitation and print or type conditions as im a), above. A bid may alan be withdrawn in perece his asme on the Schedule and each Coatinuation Shee thened on by a biddet oe h(is authorized representative, prov made known and he signs a receipt for theo 'id. but only if the with.
which he enahm an entry, Erasures or other changes must be initialed by the pereen siga' the o#er. O#ers signed by an agent am to be drawaa is mule pner to the epart time set for receipt of bids.
accesspanied by ' ace of his authority unlew such evidence has (c) The only acceptable evidence en establish:
been previevaly furmashed to the imuing osce, (1) "Ilie date of maaling of a late bid, modi 6 cation, or withdrawal sent either (c) Unis pnce for each unit e#end shall be shown sad such price postmart on registered or certiAed mail is the U.S. Postal Service shall include packing unless otherwise speciAed. A total shall be entend . the envelope or wrapper and on the original receipt la the Amount column of the Schedule for each item odered. la case from the U.S. Postal Service. If neither postmark shows a legible date, a
W bid -tw t;oe, e, wirbdrawal shal: be deemed to have been of dasenpeacy betwena a voit price and estended will be pnsumed to be correct, subject, lowever, price, the unittoprice mailed late. (The term " postmark" means a priated. stamped, or other same estent and la the same renamer as any osher mistake, to correction the wise Pi eced Isapnsion (ractusin of a postage sneter machine im d sien) that is nadily identinable without further action as having he(ce)aidered n unless authoriend by the solicitatism.O#ers for supplies supplied er services and assed on the dateother thanby of raaaling these specaaed employees will not of the U.S.
Postal service.==h, Thenfore oferers should request the postal clerk te for(e) O#erer must stase a detaire the for deliwry of or ploes a hand basi!
of services unies otherwise specseed in the tation, and the englope er wrapper.)%ye " postmark" on both the reemipt 8 ( Tiene, if stated ye and bolidays. .
as a numhet of days, will include Saturdays, (2) The same of receipt at the Gowrnment installaties la the (g) Code bones an fer Government use only. time-date stamp of such installation on the bid wrapper or other documentary evidence of receipt maintained by the installation.
- 3. EIPLAMATION TO OFFDIORE Any espisaation desired by, am (d) Notwithstanding (a) and (b) of this provision, a late me=ha.
oferer regarding the meaning er interpretatise of the solicitation, cation of an otherwir successi,41 bid winch makes its ternas men drawings, spo iecations, sec., mest be requested in writing and with favorable to'the Genrnment will be considered at any time it is re.
ceind and may be accepted, suSeinst maisaien~ thee el their allowed efers. Oral - -to nach o#erere hefen the for a rep % or inetructions given Note: sub. before The terna " telegram" includes mailereme.
the award of the centract will inet be binding. Aay informassen given to a prospective oRever cancerning a solicitation will be furnished to S. M pWOp0$ALS, MommTIONS OF PR0posALS, AND all prospective e#erere as as amendment of the eniicitaties, if such WITHORAWAL5 0F PROPOSALS.
sofervaation is necessary to e#erere is subesitting edere on the solicita.
(a tien er if the lacle ef sisch inferinaties would be prejudicial to me- ties )after h enact time speci6ed for receipt will not b infereed oferers. unless it is reserved be(on award is made, and:
Sith( It was sent by registend or certi6ed sail not later than the
& ACINLEDSMENT OF AMENDMENTS TO SOLICITAfl0NS, r day prior to the date spec Aed for receipt of ofere (e.g Recespe of an amendssent to a solicitation by as ederer sases be an o#er submitted in re. parts, to a solicitation requirin receipt E achs ' t-f (a) sifare 3ing and returning the amendment, (b) en ofers by the 20th of the month must have been mailed earlier 15th er three of S er (c) by letter er enaegreen. Such J 7 t must be ~
prior to the hour and daae speciend ( ) It was seat by mail (or tal<grse if authorssed) and it is for rossipt af ofees. determined to mishanalinby the Government that the late receipt was due soiely S. SUSMISSION OF OFFERS. isse.n.%; e,g by the Government after receipt at the Government (a) O#ers and mediacations thereof shall be encioned in sealed b(3) gi is th, only p,oposal receind.
envelopes and addreened to h eSce specided in the solicitation. he Any esodiacation of a prope, sal. except a mediAcatiui resulting eferor aball show the bout and date sp-ci6ed in the solicitation fee fro (m)the Contracting OScer's request for "best and seceipt ject to the same conditions as la (a)(I) and (a)(2) of this provison. '
e#erer,en the face of ras envelope.the solicitataan number, and for(c)the name andresulting A esodiacation address frorn of the theContracting Oscers (b) Telegraphic e#ere will set be eensidered unless authorised by "best and Anal" s#er rece wd after the time and date in the alicitataan; howewr, o#ers may be modined er wkhdeswn by the saquest will aos be conadered unless received before award and written or telegraphic metice,provaded such notice is received prior to the lateasrecei is due solely to mishandling by the Governseent after receipt the hout and date specaAed ser receipt. (However, ese paragraphe 7 Government insta!!ation.
and 8.) (d) The only acceptable evidence to establish:
(c) Sampfge of itsess, when required, must be subsmitted within the , (1) The date of mailing of a late proposal or mediAcation sent either thee speciAed, and unlege otherwiew speci6ed by the Cm._=t at mark on intered or cert:Aed mail is the U.S. Postal Service past.
me esponse to the C-. theenwlo mt. If met destroyed tr/ testing, semp,les the U.S. Postal Service.pe or wrapper and on the original receipt from If neither will be returned at eferor's request and empense, unless otherwise saark shows a legible date, the syseiaed by the solicitaties. proposal or mediAcation shall be
.( The term " ed to han been mailed lase.
impreesson ( tenark" means a printed, stacaped. or otherwise, placed
& FAILURE TO SUSMIT OFFER. If no oder is in be submitted, do r,ad clusew of a postage meter naachine irepression) that is as,e return the solicitation unless otherwise identinable without further action as havin been wpplied and card shall he sent to the issuing oScs adn,speciAed. sang whe her,Afuture or post. as lettersolic. on k data of rasiling by employees of the .3, Postal Service.
inntions for the type of supplies or services covered by this soliotataan Therefore, e#erors shauld request the clerk to e a h.ad are des. red. Failure of the reopntte ta o#er, nr in notify the issuing omaseustion burg " postmark" em be h receipt er h senlope oSce that future solicitations are deared, may result in temmal ni )
k norne of such recipient from the mailing list for the type of suppliet ( tiene of receipt as b Government installation is the i or services covered by slie solicitation. tisse.date stamp of such installation ce & proposal terapper oc ether I docuneentary evidence of receips staantained by the installats'on.
33 !
synashame Penns 36 4 tase. 8-m Pnsenhed by G&A, fps 98 CFR) 1 14.tes 4
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l 1
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' gS-ADif-81-409 I
(s) Noewithstanding (a), (b). and (c), of this prownesen, a lees 35-45), the Contract Wark Hou candards Act (40 U.S.C. Eths'el.
=-$A*esion of en otherwme succesful proposal whsch nahee its terase and the Serv;.e Contract Act nf 1965 i$1 U.S.C. El W) may be i.
smore favorshie in the Government will he cons,dered as any tisme it is ubtained inen the Department nf f.shnc, Washinetton, DE 2tr?lu, ,,e rese6ved a.41. net be accepted. frnen any regional .,mer nf that agency, Rettuesu f.,r informanian sh..uld (f) Prop,nale me he withdrawn written er telegraphic modee include the solicitatinn nusnber, the nacio and address ,,f the issuimt received at any tiam pner to awed. la may be withdrawn la asency, and a deerription of the supolies or services.
person by an o# erne or his authonsed representative, provided his '
idenner is made kn..wn and he signs a receipt for the propeeni prior 18. SEL12FS INVOICES. lavesces shall be prepared and enhetitied to award. . in ansadruplicate (one copy shall be marked ons nel") unless other.
Note T1he teren "telegraan" includes snailgrams. wise spec 4Aed. Invoices shall contain t;se following informaties: Coe Note The elsernate Inte proposals, modincations of prosammis and tract and order nurnber (if any), item numbers, descriptaon of su_pplies
. withdrawels of propenala proviasen prescribed by 41 CFR 1-3:802-2(b; amantides, unas prices, and estended taeah. Ball of shall be uwd in lieu of pro'risios 8, il specined by the emetract. er servsces, lading number an aimes, d weight of shipment will be shown for skipe g, made on Government balls of lading.
(a) Notwithstanding the fact that a blank is provided for a tem (10) 14. SMAL1, BUSAMESS CONCERN. A esmall busines enacern for the day discount, prompt patrnent discounts odered for payment withis purpose of Governement procurement is a concern, including its aAli.
less than twenty (20) calendar days will not be considered in evalu. stes, which is independently owned and operated, is not dossinant la ating o#rrs for award, unless otherwier speciAed in the solicitation. the 6eid of reoon in which it is submitting o#ers on Government However, ofered discounts of less than 20 days will be taken if pay. contracts, can further qualify under the cruena cancerning num.
ment is mace withm the discount period, even though not considend her of esspioyees, averase ' annual receipts, or other criteria, as pre.
in the evaluation of o#rrs. scribed by the Small Businem Advainistratiost. (See Code of Federal (b) In connection wah any denrount o#ered time will be computed Regulations, Tide 13, Part 121, as amended, which caetains detailed from date of delive y of the supplies to carner when delivery and industry de6nitions and related procedures.)
acceptance are at point of origin, of from date of delivery at demo.
nation or port of embarkation when delivery and acceptance are at 15. CONTINGENT PEE. If the o#eror, by checking the appropnate
, either of those points, or from the date correct invoice or voucher is les provided therefor, has npresented that ne has employed or retained received in the ofEce spec Aed by the Government, if the latter date a en.epany or person (other than a full time hona Ade employee work.
, is later than date of delinrv. Payment is deemed to be made 'or the ing asiety for the eneroe) to eslicit or secure this contreet, or that he a purpoor of earning the discount on the date of mailing of the Gowen. has psid or agreed to pay hay fee, commasion, percentage, or broheage
. ment check, fee sa any campany or person contingent upon or resulting from the award i.' this contract, he shall furnish, in duplicate, a cornplete Star 4
- 10. AWARO OF CONTRACT. and Forr; 119, Contractor's Statement of Contingent er Other Fees af (a) The contract will be awarded m that responsible oferor whose o#eror las previously furnished a completed Standard Furn.119 to the
! oder confonning to the solicitation will be most advantageous to the o&ce in sos this solicitation, he srey accompany his n#er with 6 aigned Government, price and nther factors conadsred. statement (a) indicating when such counpieted form was previmasiv (b) The Genrnment reserves the right to niect any or all e#ers furnished, (b) identifying by number the previous solicitation or can.
and to waive informalities and minor irregularities in ofers received tract, if any, in connection with which such form was submitted. and (c) The Government rnav a cept any item or group of inces of any M) representing that the statement in such form is applicable to this o#er$ unlee the c#eror qualines his oder by sorcine limitations. UN. oger.
LES OTHLnWISE PROVIDED IN THE SCHEDULE, OFFERS MAY BE SUBMITTED FCA ANY QUANTITIES LESS THAN 16. PhRENT COMPANY, A parent cosspany for the purpose of this THOSE SPECIFIED; AND THF. GOVERNMENT RESERVES oder is a cosspany which either owns or controis the activities and besse THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A bunnes polican of ik o#eror. To own anotkr rempany means the UANTITY LESS THAN THE QUANTITY OFFERED AT THE p ,,,, e,,,,,y ,,,, ,,,, ,, 3,,,e , ,,,jo,ity (,o,e than 50 perornt )
NIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIE5 af the voms rights in # hat company. To control another company, such OTHERWISE IN HIS OFFER. ownership a tiet respired; if another company is able to formulata,
, (d) A wnsten award (or Acceptance of OKer) mailed (or other. determune, or wto braic businem policy dech of the o#eror, such wise furm,shed) to the successful oderor within the time for acceptance spec 2Aed as the oder shall be deemed to result in a bindmg centract wher company is cosdued the parent company of the oferor. TWs without further action by either par v. control may be esercard throuet the use of desiaant toiserity weeing The following paragraphs (r) thrsugh (b) apply only to negotiated rights, use of prosy voting, contractual arrangements, or otherwise.
) "bYGovernment may accept within ihr tiene specided therein, 17 EMPLfJYER'S IDENTIFICATION NUMSER. (Applicahis only en any o#er (or part thereof, as provided in (c) above), whether or not adwnned solicat'4tions.) The o#em shall sesen in the apa pace s thess are negoustions subeestuent to its receipt, unless the o#ct is with, on the o#er fom, if he has no pannt y, he own Enhs drawn by wntten notice neeised by the Government prior to award. IdentaAcasism Number (L.I. No.) (F Social Security Number if subsequer t negotiations are conducted they shall not cometitute a used on Em r's Quanedr Fednal Tax Return, U.S. Tnasury rejection e counter offer een the psrt of the Government. Department om W ), or,if he has a pannt company, the Employer's (f) The ig8 ti is neerved to accept other than the lowest oder and 3d'8"A-i Number of his panni campany, to reject any or all ofers.
(g) The Government may my a contract, beacd on initial o#ers 13. CERTIFICATION OF INDEPEMOENT PRICE DETERMINATION.
reeerved, without discusion of such o#rrs. Accordingly, each initial (a) The certiacation on the o#er ferra is not applicable to a foreign efer should be submitted on the most favorable terms frasa a prict o#rror subenitting an o#er for a contract which requins perfoesmance and technical candpoint which the eneror can submit to the Gove* or delivery outside the United States, is possessior.& and ruerto Rico, snent (b) An oder will nos be conadered for award where (a)(1), (e)(3)
(h) Any Anancial data submitted with ans o#er bereunder c *f representation concermas facilities or Anancing will not form 'part or (b) of the certiAcation has been deleted or modined. Where (a)(2)'
of the certs& cation has been deleted or imediaed, the o#rr will not be of any resulting contract; provided however, that if the resuldng con
- conadered for award unless the oderor furnishee with the o#er a signed tract contains a cituse providing for pnee reduction for defectrve cost statement which sets forth in detail ths circumstances of the discJoeure or pncing data, the contract pnce will be subject to reduction if cost and the head of the maency, or his designes, deterames that such die.
or pncang data furnished hereunder is uncompte
- maccur: 4 or not caoeun as not made for the purpose of restrict ng i competitaan.
eurrent.
- 11. GOVERNMENT.PflRNISHED PROPER".Y. P o meterial. labor, or 19. ORDER OF PRECEDENCE. In the event of an inconsistency be.
facihties will be ie.i.hed by the Government unless otherwise pro, tween prtwiuons of this solicitation, the inconsisaency shall be remtved veded for in the esticiL tion. by fving precedence in the following orders (a) the Schedule; (b)
Solicatauon Instructicess and Condici.ms; (c) General .".R --; (d)
- 12. LAROM INFORMATION. General inforination regarding the re. other provimens of the contract, whether incorporated by reference or quirernents of the Walsh.Healey Public Contracts Act (41 U.S.C. otherwise; and (e) the speci6 cations.
ouae e p m.no onme este-reneappeess
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ac.a nu.o}.409
- Page 8 PART II (Continued); .
B. NOTICE TO BIDDERS 1.
Notice of Requirements to Certify ~ Nonsegregated Facilities Bidders are cautioned as follows: By s19 ning this offer, the bidder will be deemed to have signed and agreed to the provisions of the
" Certification of Nonsegregated Facilities" contained on Page 3 of this solicitation. Failure of the bidder te agree to the certification of nonsegregated facilities may cause his bid to be rejected as non-responsive.
- 2. . Bid Identification Mailing envelopes shall be marked with the IFB number as specified on Page 1 Block No. 2 of this solicitation. The IFS number should also be referenced in your cover letter and on each page of your bid.
- 3. Cost of Bid Preparation This solicitation does not commit the Government to pay any costs incurred for the preparation of bids or for any studies or analysis that may be conducted in the preparation thereof; nor is the Government connitted to procure c. contract for the articles or services described under Part III of this solicitation.
'4 Award Notification All bidders will be notified of their final selection or nonselection 4s soon as possible following the completion of the formal NRC bid opening and subsequent detailed examination of bids and conduct of responsibility checks. Formal notification of nonselection to unsuccessful bidders will be made following contract awa'rd to the successful bidder.
- 5. Tyoe of Contract and General Provisions It is contemplated that a fixed price require 7ents type contract will be awarded. In addition to the special provisions of this Invitation 74r Bid, any resultant contract shall include the general provisions isp.icable to the selected bidder's organization and tc the type of contract awarded. Any additional clauses in effect at the time of execution of the resultant contract are hereby included by reference.
- 6. Bid Evaluation A. Bids in ess;ense to :his IF3 shall set fi, .., Nil, ac:*arna, and
- m leta inf:rmasien as escuired herein. N ;enat y far making false stataments in bids is prescribed in 18 U.S.C. ICC1.
ll I
4
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i RS-ADM-81-409
- Page Q ..
- 6. Bid Evaluation (Continued)
- 3. Sids will be evaluated for purposes of award by first a' scar afning the sum of the proposed tool ascunt. .
cf the item spect.
fied in Article I, contained on Page 13 of this solicitation.
To this " Total Sid Amount" will be applied any due esnsideration for disc: ants offerti in Sleck No.16 on Page 1 of this IFB.
(See Part II, A "folicitation Instructicns and Conditions,"
" Disc unts.") This will c:nstitute the bidcar's " final bid amount."
C. Award will be made ts tha: responsive, responsible bidder within the meaning of Federal Procurament Regulation 1-1.12 wnese :stal bid amount, as set farth by 2e bidder in the appropria e tlank of Page 13 of ;this IF3, aftar NRC censideration of any acclicaele disc:unt, constitutas one icwes overall evaluated final c:ntract price :n 2e Goverrxent based uccn the rtquirtmenu as set form in the schedule.
D. fecarste charges, !n any fem, are not solicited. Sids c:n-
.afning such charges for d.isc:ntinuance, urmination, failurs s exercise en cotion, or f:r any ot.ar purpose will causa ne bic :s he rt'ected as nenres:ensive.
E. A rtsward. ensi .e survey :f de bidder's facilities, ecui: ment, e :. in ac::rdance wi u F:R 1-1.1205-4 may be mace :y et:rtsanu-tives of na C:: mission for the purpose of hramining wnerner .
- ne bidder is res;casible wicin de m?.ning of FPR 1-1.12 and '
whether ce bidcar ;cssessas cualificatiens ca art c:ncucive to 2e :reductica of warx cat will meet :na -scut smann, ;
s:ecifica:1cas, and :rovisiens of this c ntract. Also, if l recuested by the C:=rission, the pres:ective c:ntrac::r may be
- recuirite ta sucmit sutamanu within 72 hcurs aftar suca scuest concerning their aoility to meet any of ne minimum suncar:s set forth in FPR 1-1.1203. I 1
F. Notwitihstanding Part II, A. Parage sh 10, Award of Contract, ,
the award of any contract resul" .,m this solicitation will be made en an "all or none .,osis.
- 7. 'Je ,discriminatien 3ecause of *ee (Fact 1-12.1001)
It : I the policy of the Exec *.::f ve Branch of the Gover . men cat (a) Contractors and Succ:ntrac:ses engaged in the ;erfcmanca of Federal centracts sna11 not, in c:nnecticn with the amoloy-ment, advancament, or discharge of emolcyees or in connectica with the.: arms, conditicns, or privileges of cair emolcyment, discrimineta against ;ersons because of their age excaot ucen the basis of a mona fide cc:ucational qualifica:icn, retirement plan, or sututcry requirement, and (b) that C:ntractirs anc Succ:ntrac::rs, or ;ersons acting on :ntie :enalf, sna11 not s:ecify, in solicitations er adver.isaments for emoleyess to i
. wort en Government c:n racu, a' maximum age limi: for suca 1 emoleyment unless the s:ecifiec maximum age Ifmit is based i upon a bona fide cc:ucational cualification, entirement :lan, r su:utory recuirtman .
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RS-ADM-81-409
, Page~10 -
- 8. Listino of Employment Openinos (FPR 1-12.1102-2)
Bidders and offerors should note that this solicitation inc' W . I provision requiring the listing of employment openings with r N local office of the Federal-State employment s2rvice system where a contract award'is for $2,500.00 or more. '
- 9. Comitment of Public Funds j i The. Contracting Officer is the only individual who can legally comit the Government to the expenditure of public funds in connection with this procurement. Any other commitment, either explicit or implied, is invalid.
- 10. Minisuum Bid Acceptance period Bids offering fewer than sixty (60) days for acceptance by the Government from the date set for opening will be rejected as non-responsive.
- 11. Bidder Qualification and Past Excerience In orter :o be c:nsidered cualii'iec for : erd:r-:ance under any c:ntrac = rssul herefr:m, :Me biccer snail nave been involvec in revicing :ne same or su:stantially similar services a =csa requirec herein. .
The biccer snall' subs.antiate suca ex:erience in his hid. In
' accitien, the bidder saa1* list beicw a: less: four (4) crevicus er cur ent c:n:rsets fer tr.: .:me er sucstantially similar services:
(1) Con:rsc: l80. : " bur. a+ f.aw %G e! - ee- Ab ~1L re J
' lame and address of *'O Gcver.mene Agency or
. C rrmercial Entity: 3 s.,r. ,5 ran e.o w
- Mi ldA C 4- DC Poin,of Concac anc Taleonene flummer: K f* *J EL 4tocJ l
, ass 4 tf 7 (2) Cen: se: :1o.: M E c. - i o - to f72 Name and address of l-Government Agency or C:mercial Entity: A.)oevLfA kfdo l4Ts/41 b =.
u.Ar+ Sc.
Poin of .%meer:
Telecnene Conce: anc b d8'1 b80 Y
V27?e/4L.o l *
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O e RS-ADM-81-409
- 11. Bidder Qualification and Past Experience (Continuh' "
(3) C:ntrse: No.: % 3 ~! 9 - D - o L i lo Name anc accress of Govera. man:
C:mercial Agency or MATL 145Ti r uTLS 4- h54cTPI Entity:
bCTWSDA, M% WO '
.5T1Eo t 6fte64aJ 7cin: cf Cen:2c: anc 4g, nql ielecnene Nuecer:
(4) C:nt sc: No.: .7 F2. - to - c o 3.2. lG Hame and acdress of Government Agency or C:mercial En:1 y: N fA c n l b c A n m a ( U t f M ,. C b= lk. '
A i
+o Fein: of C:n.sc: ana .
Telecnene Numcer: M c s. G a s s.J Q Q 3 -(,$'SO
- 12. Pr.ue oe ne,.n oms m. ,te na:
n.asan,ree es umsem. tam ma f Ezeeuse ti a sanaal beanees ses.ames e m.
vestes ame Lae offerer eseras nunnent to ao euenaned Me is C a puhale er pyrrase erm for the **HMPSee or a Maastesepee &nsindu.
AL as scenese an tae Sate 43 Busaases Ass as amenses, ama the reeulassens of 4Ae Sma&&
Bumness Aestsaastratiest.
M term *puelas er Ortrase organamsten" la est "* *
- f!) watest is organasse uneer the Lase of tae casses Ssases or of any 3sase. oserasee in tae nasertes et ha;as.
1
' et tasmousia, the not taseme of waaen does not Lnure in wnese or ta sert to the tenant of any snarenesser er osner tastuw.
(
' usa:(!!) ensen fameties vita any aselleasie l eseusasaenal assatA 404 st/ety standare preserleed By the Secretary c? Edser: and -
tsin waaen. in the presuenen et ===-
l itase and in the preneaea of sorness auring AAF flasal year LA ennen as restaves flaanetas I
assastance under this suaseouse. essaers nm6 tastftauals for not less than 13 per centum of tae : nan nours reir. tires for tne srecuetion or primanen of sne commag.
('
i lues or serness * * " #13 U.S.c. 43enux An
':'he term "naneisspoes incineuaA" aisans a ~ *
- person wne nas a anys. cal enentaL or emecenaa imoaarruess, asteet. salmens.
eassaae, of ensaadity of a permanent assure enies is any way tunssa tae seteenen of any type of emsleyrnens for vnnen tae person would othervlae By euallflee or eua&!lla.
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- .RS-ADM-81-409 Page 12 J3. NOT!CE OF TOTAL SMAL'. !USINESS SET-: SIDE
, A. Gener 1. Bids cr proposals under this procurement are solicit 3d enly fecm (1) small business concerns and (2) eligible organizations for the handi-cacped and handicacced individuals under the Small Business Act. The procurement is to be awarded only to one or more such concerns, organi:aticns, er individuals. This action is based on a detennination by the Centracting Officer, alene er in confunction *with a reprisantative of the Small Business Acministration, that it is in the interest of maintaining er moeilizing the Nation's full procuc tve capacity, or in :ne interest of war er national defense programs, or in the interes: of assuring :na: a fair proportica of Govern:. tent precurement is placed wita small business cencerns, or in tne interest of assisting eligible organi:atiens for the handicacped and handi-cac:ed indivicuals. Sids er creccsals received fecm ethers will be c:nsidered nonrescensive.
- 3. Definitiens. The tarm "small business c:ncern" ruans a concern, incluc 1 s a-flitates, wnich is incocendently owned and ccerated, is not c: min.
in the field of c:eration in wnien it is bidding en Government c:ntracts, and can further qualify uncer the criteria set for n in :ne regulations of :na Ema11 Susiness Acmint s ratien (13 CFR 121.3-3). In addition to meeting these criteria, a manufacturer or a regular dealer su:mitting bids cr pre-
- csals in his cwn nace must agree to 7urnisn in
- Me parfor ance of : e contract and items manufacturna er procuced in :ne United States, its terri-t: ries and cessessiens, Ccmmenwealth cf Pueric Rica, the Tres: Terrft:ry of :he Pacific Islancs, and :na District of Columcia, by small business c:ncerns: previced, that this additional recuirement dcas nce a:piy in c:nnection witn constructica or service centracts.
I
- 14. snAtt sus:ntss st:r S :neAxes The Contracting Officer has determined that the material describ'ed herein is classified under the Standard Classification Manual as Number,4141 and a c:ncern whose aversge annual receipts for its preceding 3 fiscal years do net exceed 31 million is censidered as small business concern.
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CONTINUATION SHHT RS-ADM-81-409 13 nun or omaan oe ecwnwon m NO. Supputs/setylCES QUANnff UNff UNff Pe4 .unO W PART III - CONTRACT SCHEDULE Article I - Supplies / Services / Prices
- 1. Provide regularly scheduled and extra shuttle ESTIMATEC ROUND bus service as further described in Article II TRIPS gr 9 1484 EA $ 2FA $ 42,PS7 de
- 2. Provide regularly scheduled and extra shuttle ESTIMATEC ROUND bus service as further described in Article II TRIPS N (z.
(OPTIONPERIOD) 1904 EA $ .2 P & $ sy 9f7 g.<
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l RS-ADM-81-409 Page 14 ARTICLE II - DESCRIPTION / SPECIFICATIONS Scope cf Work A. Genera l i The Contractor shall furnish the plant, equipment, supervison, labor and miscellaneous accessorial materials, supplies and services, and provide all of regularly scheduled and extra shuttle bus services, as are more particularly hereinafter described, required to transport passengers, intra-agency mail, and/or government-controlled materials / equipment, between the service points hereinafter set forth in accordance with the terms and conditions hereof.
s B. Performance The contractor shall perform the regularly scheduled shuttle bus services required hereunder daily (Monday through Friday) throughout the term of this contract, including any extension thereof, except on holidays observed by the Federal Government. The contractor shall also operate concurrent extra shuttle bus service to acconmodate occasional passenger overflows if required by the Commission. Since this service is being run for the benefit of persons traveling on official government business, timeliness of operation is of the essence in determining satisfactory completion of each round trip under this contract.
One complete northbound and southbound trip as further described in Section C below, Service Points, constitutes one round trip.
C. Service Points The contractor shall operate regularly scheduled and extra shuttle bus service as follows:
- 1. Northbound Trips The point of origin for northbound shuttle buses shall be the NRC office at the Willste Building, 7915 Eastern Ave., Silver Spring, MD and proceed by the most direct and expeditious route to the NRC office at 5650 Nicholsen Lane, Rockville, MD.
l
- 2. Southbound Trips The point of origin for southbound shuttle buses shall be the NRC office located at 5650 Nicholson Lane, Rockville, MD and proceed by the most direct and expeditious route to the NRC office at the Willste Building, 7916 Eastern Ave. , Silver Spring, MD.
- 3. Regularly Scheduled Services - Departure Time The contractor shall strictly adher to the following schedule only in performing the regularly scheduled shuttle bus service required hereunder. Early departures shall be regarded as unsatisfactory trips which shall constitute a basis for deduction (s) representing the unsatisfactory portion of the trip from the contractor's monthly invoice as provided for elsewhere herein.
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.. s 1 k. '.DM-81-409 Page 15 SHUTTLE BUS SCHEDULE Nicholson Lane - Willste Building Departure from Departure from Nicholson Lane to. W111ste Building Willste Building to Nicholson Lane 8:00 8:00 8:45 8:45 9:20 9:20 10:00 10:00 10:30 10:30 11:05 11:05 11:45 11 :45 12:55 12:55 1:25 1:25 2:00 2:00 2:40 2:40
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- RS-ADM-81-409 Pace 16
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D. REQU,IREMENTS I. REGULARLY'SCd*EDULED AND EXTRA SERVICE, unless otherwise directed by the Centr. acting Officer, the services to be rendered by the Contracter hereunder shall be the daily !
regularly scheduled round tMps reflected herein. The Contracting Officer mayfrem time to time order extra services between sucn service points; mvided, hcwever, that the Contractor shall not be cbligated to perfon serticas which would require the simultanecus use of more tnan 3 busses, unless otherntse mutually agreed upon by the parties heretis. The* Cant'ract:r shall be c:= pen:ated f:r the increase in the number of round tHps required hereunder by virtue of such extra service at the unit price per rcund trip specified in Article I.
- 2. AUTdCRIIED PASSENGERS-The bus operator shall screen all passengers as they beard the vehicle and shall admit and carr,y cnly persennel who pr:perly identify themselves te the bus operatcr as NRC emolcyees or as empicyees of other Gover =ent agencias traveling en official Gover. ment business and other persennel aut.'.oMzed in wMting by the Centracting Officar's authcM:ed representative to use this shuttle bus sarvice.
- 3. TE!pRENCRT The Centracter shall furnish a daily trip, re;ior; fer each bus to the Project Officer at 7735 Old Georget:wn Rcad, Rocm 2100, Est.ies.ca,' Marytand, by,10:00 a.m. of the next regular NRC, workday subsequent theretc.. This report shall. centain a notaticn ts shewithe passenger cacacity of the vehicle used, number of passengers boarding at each st:p, and shall be time.sta.moed in the acprocriate box for every, step made at 7915 Eastarry Avenue, Silver SpMng, 7920 Norfolk Avende, Bethesda; and 5550'Micholson. Lane,'Rockv111e.
} 4. ECUIpFENT Vehicles used in the performanca of the servicas required Qnder this
- c:ntract shall be of the coach type; be clean .medern, and de:endable; and have all . forward-facing seats with spring or r.:bter cushion and padded bach suitacle for over-ths.-highway, transcortation bet. deen the sertice points s:ecified herein.-
7.ne busses tased shall orovide a suitablea atmosphere' for. passengers _.to read' and write with reasonable facility and ecmfort while enr:uta. All veh,1cles-shall have air ccnditioning. - '
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RS-ADM-8 h409. ,..
. Page 17 The vehicles shiL11. have a minimum capacity of 15 passengers and shalh be equipped with a luggage compartment to ac:ccmodate intra-agency
' mail and/or Government-contr:11ed materials / equipment. The luggage c:mpart=ent must be of a locked type to prevent ac:sss without key.-
or special.
e--en ,-.,. tool... .- The Sus ee,-=+ea eball eean and elese the luccace
.rez-v its contents. but snali not be requirac to loac or unicad I Each bus employed by the Contractor under this c:ntract shall display the following identifying markings:
s.
a.
A sign of appr:priata Cecnission"; and si:e on the front reading, " Nuclear Regulat'ory
- b. A sign on the 1; p fr nt and Mght side indicating destination.
g, MAINTENANCE OF EOUIpMENT,
,1 The Contract:r. shall maintain the busses used to p.r: vide the servicas required hereunder in Scod operating condition and shall pr:mptly (by the next scheduled departure time or within one hour after disruption of ser/ica whichever is sooner) r,epair. cr replace any disabled vehicles in the event service is delayed or interrupted due to mechanical failure or other difficulty. When any bus regularly used in the performance of this c:ntract is out of ser/ ice for any reasin', it
' shall.be replaced within the above tine with a vehicle whica will c:mply with the equipment requirement: hereof. The Centract:r may net use -
ecuipment otner than speciffed except upon the approval of the Centracting Officar..
- 6. UNSA775FAC CRY TR!ps Trips. involving early departures,.sucstancial late .artfvais, failure to make a scheduled st:p, fatiure to c:mplete a trip for any reesco,
- or failure to c:m:ly with the previsiens. of Sectien0.4 ~ entitled " Equipment".
shall be deemed to be unsatisfactcry trics.for which a' deduction 'ecual .
to the rcund trip rate sh wn in Article I Te: resenting tne uhsanT?rctory portion of the tMp shall be made frem the Contract:r's monthly invoice unless ratified by the Centracting Officer. If the Centract:r c:ntinues to ' perform unsatisfactsry, trips, it may ecnstitute gr:uncs fcr terminaticn
- - of the c:ntract under the previsions of the clause of this c:ntract entitled " Default."
ART.Kt,E NI- PERIOD OF PERFORMANCE' a perior The periodmontns' of five'(5) of performance 'witn service
~
under this c:ntract'shall to start way 1, hel a be feko eno on September 30, 1981.
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RS-ADM-81-409 '
Fage 18' ARTICLE IV - OPTION TO EXTEND THE PERIOD OF PERFOR.M.ANCE
~ ~
This contract may be extended for a peHod of six mon'ths at the unit price set forth under Article I at the option of the Government, by the Contracting 'Of?'icer giving written notice of the Government's exercise of such option to the Contracter not later than the last day of the tem of the contract; provided that such notice shall have no effect if given less than thirty (30) days prior to the last day of the term of the contract unless thp Contracting Officar has given preliminary wHttan notica of an intent to exercise such option at least thirty (30) days pHor to the last day of the term of the contract (such preliminary notice shall not be c:nstrued as an exercise of the eption, and will not bind the Government to exercise theoption). If the Government exercises such option, the total duratic.n'
' of' this contract, including the exercise of any option under this clause, shall not u.cact, eleven j fl ) nontns.
ARTICLE V - INSPECTION AND ACCEPTANCE
- 1. INSFEC ION OF EOL'IPMENT
- All equipment used by the Contracter hereunder duHng the tarm hereof shall be sub$act is the appr: val of the Contracting Officar. TheIIRC shall, during sdca peded, have the Mght to inspect the busses being used, and, if in the opinion of the Contracting Officer, a venicla is defective or Gils to comely with the equipment requirements as stated in SECTION D.4 entitled "Etuipment" the Contracter shall, uccn receipt of such notification from the NRC, pecmptly c:rrect the deficiency by repair, replacement, or otherwise, in ac:srdanca with the previsions of, Paragraph 0.5 entitled "Maintanance of Equipment." Failure of the Contract:r.to do so in such. event may c:nstituta grcunds for tarmination of the centract under the prov'isiens of the clause of this centrac entitled " Default." ,
- 2. ACCEPTtNCE' 0F SERVICEE Acceptanca of the,' services shall be made by the. Contracting Officar's Authori:ed Representative (COAR) upon satisfactory performance of the services.
'ARTRLt"VI
- SPECIAL PROVISIONS 1 LIABIL m ~
lt is understood' that,. in th'e-assumes ' entire responsibility' andperformance liability for losses, of' this c:ntract,damages, extenses, the Contr?.ctor demands and claims in connection with or arising out of any injury (including death) or alleged injury or damagn or alleged damage.to 9
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RS-ADM-81 -409
'Page 19 preperty, sustained or alleged to have been sustained in connecticn with perfomance under this contract by the Contract:r, its agents, servants and empicyees, including losses, expenses or damages sustainee
, by the Government, and sha11' indemnify and hold hamless the Government and its agents, servants, and employees frem any and all such Tosses, expenses, damages, demands and claims, and shall defend any suit or action brought against the Contracter or the Government based on any such alleged injury or damage, and shall pay all damages, costs and or resultingincluding expenses therefrom. attnrney's fees and other c:sts in connection therewith
.2, CCNSERVATION OF ENERGY
' Consistent with national energy conservatica goals, the Contractor shall require the firm's drivers ts observe posted speed limits at all times when the Contract:r's busses are in servica under this c:ntract and to shut down bus ' engines whenever a waiting or standing period of three minutes or mcre i's anticipated.'
- 3 .
STANDING OPERATING INSTRUC~ IONS In order to familiari:e drivers with the requirements of this service, the.Contracter shall' prepare, within 30 days aftar c:ntract award, Standing Operating Instracticns containing c:ntract departure times and Tocations, and other special c:nditiens of this service. Upen approval by the Centracting Officer, c: pies of these Stancing Ocerating Instructions their shallon employment bethis fur,ished sarvica.to (?1 drivers prior to or at the time of '
. 4, SUSCONTRACT! FOR WORX OR SERVICE 5 -
No c:ntrac: sha11 be made by th$ Ccntrac:ce with any o'ther ;iarty for furnishing any of the work or service heriin centracted for witncut approval of the Centracting Officer, but this provision.will not be taken as re' quiring the approval of c:ntracts of employment between the contract:r and personnel assigned for sertices her::under.
5 ,. WCRK FOR OTHERS .
Notwithstanding any oth'er provision 4f this contract, during the tem of this c:ntract, the Centractor agrees to forego enterdng into c:nsulting or other centractual arrangements with any f.im or organi:stion the result of which may give rise to an actual or apparent c:nflict of-interest with respec: to the work being performed under this-centract.
The Contract:r shall insure that all empicyeils who are empicyed full
. time under this contract and , employees designated as key personnel, if any, ,
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, 1 RS-ADM-81-409 Page 20 l
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l under this contract abide by the provision of this clause. If the Contracter' believes with. respect to itself or any such employee that
- any prtposed censultant or other centractual anrangement with, any '
'fim or organization may involve a possible conflict of interest,
- the Contractor shall obtain the written approval of the Centracting Officer prior to execution of such c:ntractual arrangement.
6 ESTIMATED REOUIREMENTS -
The number.of round tHps reflected in AEticle I' of this contract is an estimate of the amount of servica which may be required to be ,
perfomed hereunder. Such estimata is set forth for the purpose of' '
evaluating bids only. No specific amount of service is either guarantand or' implied. The amount of service to be per'omed will depend entirely upon the.ComTssion's shuttle bus requirements for the -
servica demand descMbed herein, and the Comissien will be obligated to pay only for servicas so ordered and satisfact:rily performed.
Mcwever, the Comission agress to order fr:m the Contract:r all of its ,,
requirements for the shuttle bus servica described herein during
.. the tem of this centract. The Contractor agrees to furnish such services during. the tem of the c:ntract. If the :Comissden's shuttle bds recuirements do not materialise in the quantities estimated, such failure shall not c:nstituta grounds for equitable adjus=ent hereunder. .
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RS-ADM-81-409 Page 20 Article VII. Technical Direction and Authorized Reoresentative is hereby designated as the Contractino Officer's Pro.iect Officer (PO) 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, or issue any unilateral directive whatever. ,
The PO is responsible for: (1)monitoringthecontractor'stechnical progress, including the surveillance and assessment of performance, and
- recommending ~to the Contracting Officer changes in requirements; (2) interpreting scope of work; (3) performing technical evaluation as rec,uired;(4)performin by this contract; and (g technical inspections and acceptances required 5) assisting techrical problems encountered during performance. Within the purview of this authorit), the PO is authorized to review all costs requested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension 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.
Article VIII- Payment . .
A. Frequency. The Contractor shall submit invoices as frequently as once each month, if desired, unless more frequent billing is authorized by the contracting officer.
B. If this contract provides for a discount, the contractor shall indicate the contract's discount terms (Block 16 of Page 1) on the face page of the invoice or voucher.
C. -Additional provisions relating to payment are contained in Article VII of the General Provisions.
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. - RS-ADM-81-409
. Page 21 ARTICLE IX Billing Instructions for Fixed Price Contracts and Purchase Orders General. 'The contractor shall submit vouchers or invoices as prescribed herein.
Form. Claims shall be submitted on the payee's letterhead, invoice or
~
on tee Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personel " and Standard Form 1035 "Public Voucher for Purchases Other Than Personel - Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Copies and Mailing Address. Anoriginalandsix(6) copies shall be submitted to NRC offices identified below.
Preoaration and Itemization of'the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrections or erasures i must be initialed. It must include the following:-
(a) _Payor's name and address. (i) Address the original voucher (with four (4) copies) to: U.S. Nuclear Regulatory Commission Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Section Washington, DC' 20555. (ii) Address two (2) copies to:
U.S. Nuclear Regulatory Commission, ATTN: E.L. Halman, Director.
Division cf Contracts, Washington,-D.C. 20555. (iii).The original copy of the voucher should indicate that two (21-"
copies have been forwarded to the Contracting Officer.
(b) Voucher number.
(c) Date of voucher.,
(d) Contract number and'date.
(e) Payee's name and address. (Show the name of the contractor and its typed list of students name, length of stay, unit price, and total amount.
(g) Final invoice marked: " Final Invoice" Currency. Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payment will be made in that currercy. However, the U.S. dollar equivalent for all invoices paid under this contract may not exceed the total U.S. dollar
-authorized in'the contract.
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RS-ADM-81-409 Page 22 -
Article X - Service Contract Act Wage Determination I
The following U.S. Department of Labor Wage Determination Register is hereby incorporated by reference and attached hereto.
Wage Determination Date 75-1255 (Rev-5) June 26, 1980 1
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PART 20-1 -- GENERAL Subpart 20-1.ii4--Contractor' Organizational Conflicts of Interest s.e.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. .
20-1.5404 Representation. -
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-l'.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)
I20-1.5401 Scope and Policy (MRC)(a)'It is the policy of the U.S. Nuclear Regulatory Cossaission to avoid,: eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit infonnation describing relationships, if any, with
,^ organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of intarest 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 confifet of interest ~ situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and program officiais 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,,
of where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies ter contractors and offerers only. Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the accuisition of consulting services through the personnel appointment crecess, NRC r[-,-_n~.,,,_ .~,~, -.......,....,-,-w,,_.. .~,m.,.-.-,,.. -.w.m_--.~..,,_m..
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. , 7590-01 q
agreets with other government agencies. fntarnational organizations, i
or state, local or foreign governments; separata procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate. l 120-1.5402 Definitions .
l (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or. prospective contractor has present or planned intarosts 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 othemise result in a
- biased work product, or (2) may result in its being given an unfair , <
competitive advantage. -
i (b) "Research" means any scientific or technical work involving t.heoretical analysis, exploration, or experimentation.
(c) ' Evaluation activities
- means any effort involving the appraisal of a technology, process, product, or policy. ,
(dl *" Technical consulting and management suppcrt services" means internal assistance to a component of the NRC in tr.e fonnulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been rade available to the public or proprietary infomation. Such services typically include assistance in the preparation of program plans; an.d preparation of preliminary designs, specifications, or statements of work. .
(e')
- Contract" means any contract, kgreement, 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-sponster, 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) "Affili. bas"meansbusinessconcernswhichareaffiliatesof each other when either directly or indirectly one concern or individual
- controis or has the power to control another, or when a third party controls or has the power to control both (41 CFR 11-1.606-1(e)).
(h)" " 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.
(1) " prospective contractor" or " offeror" means any person, fim, unincorporated asscciation, joint venture, partnership, corporation, or
.iffiliates thereof, including its chief executive, directors key personnel
'toentified in tne proposal), proposed ccnsultants, or suocontractors, suomitting a bid or proposal, solicited or unsolicited, to the NRC to cctain a contract. -
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~f ft (j) " Potential' conflict of interest" means that a factual . situation .
exists that suggests'(indicates) that an actual conflict of interest may -
A arise from award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award ir. 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.
I 20-l .5403 Criteria for recognizing contractor organizational conflicts of interest (a)~ General. ?wo 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 NRC? (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 cannon 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 intarest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
-(b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offerer or contractor shall disclose information concerning relationships which may give rise to organizational
, conflicts of interest under the following circumstances:
(1) 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 arec to any organization regulated by the NRC.
(ii) Where the offerer 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 offerer or contractor evaluates its own products or services, or the products or services of another entity wnere the offerer or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offerer or contractor. -
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7590-01 (2) The contraci:ing officer may request specific information from an offerer or contractor or may require special contract provisions such as'provided in i20-1.5405-2 in the following circumstances:
(1) Where the offerer 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 infomation not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
information(iv) Where.the offeror or contractor is granted access to proprietary of its competitors. I (v) Where the award of a contract might othenvise result in placing the offerer 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 comoetitive advantage for the offerer or contractor, l (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 RFP.
certain analyses of a reactor component as called for in the well qualified. ' In response to the inquiry in the RFP, the XYZ C advises that it is currently performing similar analyses for the reactor manufacturer.
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.
U nce there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Cxample. The ABC Corp. , ' " panse to a RFF, proposes to perform certain analyses of a reac" moonent which are unique to one type of advaaced reactor. As is the 4se with other technically qualified I companies resoonding to the RFP, the ABC Corp. is performing various 1 projects for leveral different utility clients. None of the ABC Cerp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company 'o perform the work outlined in the RFP.
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t 9i 7590-01 Guidance. An NRC contract normally could be awarded to the A8C ,
Corp. because no conflict of interest exists which would motivate bias l
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 perfomance 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, ,
.(3) Example. As a result of operating problems in a certain type I of commercial nuclear heility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to I assure adequate safety protection of the public. Only one manufacturer has ext 9sive 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 time. 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 wuld 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 tems 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
[
I component.
Guidance. A contract could be awarded to the ABC Co. provided that the ce"?act stipulates that no infomation produced under the contract will be used in the contractor's private activities unless such information L
has been reported to NRC. Information which is reported to NRC by contractors will normally be dissaminated 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 contracter's private activities unless i such infomation is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in whien the information developed under the contract is proposed to be used.
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t 7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble fold belt. a map showing certain. seismological features of the Appalachian In accordance with the representation in the AFP and 120-1.5403(b)(1)(1), A8C Corp. informs the NRC that it is presently '
doing seismological studies for several utilities in the Eastern United States by the NRC but nonestudy.of the sites are within the geographic area contemplated Guidance. The contracting officer would nomally 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 tem 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 perfomance of a contract is not relevant to a detemination of the existance of such conflicts prior to the award of a contract.
(2) It is notf relevant -that the contractor has the professional reputation of being able to resist tamptations which arise from organizational conflicts of interest, or that a follow-on procurement is noti involved, or that a contract is awarded on a competitive or a sole source basis.
120-1.5404 Reprosentaeion
' (t) The following procedures are designed to assist the NRC' contracting
' officer in detemining whether situations or relationships exist which '
,ma y constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure. The following organizational conflicts of interest representation provision shs11 be included in all solicitations and unsolicited proposals for: (1) Evaluation services or 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 tae resultirg contract. This representation recuirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, however, atstatement of the type required by the organizational conflicts of interest representatinn provision has previously been' submitted with regard to the contract being modified, only an updating of such statement hall be required.
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l . 7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION l I represent to the best of my knowledge and belief that' Ssm be.a The ' award to .sswas h 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 I 20-1.5403(b)(1). ,
(c) Instructions to offerers. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates
- that situations or rela.tionships of the type set forth in 41 CFR
$ 20-1.5403(b)(1) are involved, or the contracting: officer otherwise detennines 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 detennines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or '
~(111) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the ' waiver provisions of I20-1.5411. <'
c (2) The refusal to provide the representation required by 120-
- 1.5404(b) or upon request of the contracting officer the facts required by s20-1.5404(c), shall result in disqualification of the offerer for award. The nondisclosure or misrepresentation of any relevant interest may alto result in the disqualification of the offerer for award; or if '
such nondisclosure or misrecrosentation is discovered after award, the resulting contract may be terminated. The offerer may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The ofherer 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 offerce will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposec excluded work to be an essential or integral part of-the req tired work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offerer will be permitted to correct the omi:sion, i 20-1.5405 Contract clauses I 20-1.5405-1 General contract clause l !
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S 7590-01' All contracts the following clauses: of the types set forth in 120-1.5404(b) shall include (a) Purpose.
ensuring that the contractor: The primary purpose of this clause is to aid in (1) Is not placed in a conflicting role or otherwise) which relate to the work under anizational, this contract, a does virtaenot of footain ts per#crmance an unfair competitive of this contract. advantage over other parties by
' b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others. NocWithstanding any other provision of this contract, during the tenn of this contract, the contractor agrees to fortgo encering into consulting or other contractual arrangenents 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 contracter shall ensure that all employees who are employed full time under this contract and emolayees 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) Of sclosure 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 decs not have any eqanizational conflicts of interest, as defined in 41 CFR 120-1.5402(a). -
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with resoect to this contract, it shall make an innediate 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. (1) If the contractor in the performance of this contract obtains access to infonnation, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (i) Use such information for any private purpose until the information has been released to the puolic; (ii) compete for work for the Commission based
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7590-01 nn sucn information for 'a period of six (o) 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 infonnation to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the public by ?.he NRC.
(2) In addition, the contractor agrees that to that extent it receives or is given access to proprietary data, data protected by the
, Privacy Act of 1974 (Pub. L.93-579), or other ccnfidential or privileged technical, business, ur. financial information under this contract, the
. placed contractor on use shall treat of the such information in accordance with restrictions information.
(3)
The contractor shall have, subject to patent and security crovisions cf 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) Subcon tracts . Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any cier. The terms " contract," " contractor," and
" contracting officer," shall be approp'iately r modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrecresentation of any relevant ' interest required to t>e disclosed concerning this contract or for such erroneous representations as necessarily imoly bad faith, tne 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 waiver under this clause shall be -
directed in writing througn the contracting officer to the Executive Directer for Operations (E00) in accordance with the procedures outlined in120-1.5411. i 320-1.5405-2 Special centract provisions.
(a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer I may cetermine that such conflict can be avoided or after obtaining a waiver in accordance with 120-1.5411, neutralf red through the use of an .
appropriate scecial contract orovirion. If aopecoriate, the efferer may negotiate the terms and conditions of tnese clauses, including the extent and cine period of any such restriction. These provisions include '
but are r"t limited to:
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- 7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of performed by the contractor:proouction contracts following a related non (2) Software exclusion clauses; (3) personnel) to avoid certain organizational conflicts of inte (4) guard against its unautocri:ed use. Clauses wnich provide for protec:fon o (b) section (i) in the clause set forth insThe following additional contract 20-1.5405-1 conflict of interest.that award of a follow-cn contract would constitute an organizati (i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or procosals therefer (solicited or unsolici:ed) work under thiswnien stem directly from the contractor's performance of contract.
the contracting officer, the contractor shall not perform any technic consulting or management succort services work or evaluation activities e this contract on any of its products or services or the products services of another firm if the contractor has been substantially li. solved in tne development or , marketing of such products or services .
(2)
If the contractor under this contract prepares a complete or essentially complete s:atement of work or specifications, the contractor effort which is based on such statement of work The or specific contractor shall not incor; crate its products or services in such statement
\ officer, in wnich case the restriction in this subparagraph sh apply.
(3)
Nothing in this paragraph shall preclude the contractor fmm offering or selling its standard comercial items to tne government.
5 20-1.5406 Evaluation, findings, and contrae: awarc The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the recresentation recairements of $20-1.5404(b) and other relevant information. After evaluating this information against tne criteria of 120-1.5403, officer wnether to a particular offerer. organizational conflicts of interes: exist with respecta finding w interest ext.., then :ne contrac:1ng If it nas been officer deteminec tnat conflicts of sna11 eitner:
j (a) Oisqualify :he offeer from aware,
.~ _ ._ , _ _ _ _ , . _ _ , , ,
7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 120 ,1.5411.
120-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after 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 120-1.5405, officer will take every reasonable action to avoid, eliminate, or, afterthe centracting obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict.
320-1.5408 (Reserved)
- 20-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerers and c:ntractors to submit a representation statement in acecreance with 120-1.540a(b) from subcontractors and consultants. The centracting officer shall require the centractor to include centract clauses in accordance with 120-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
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 Office of Executive Legal Directer. Upon the recermendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he l determines so. that it is in the best interest of the United States to do Ouch 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) tne work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be emoloyed by NRC to neutralize the conflict. For any suen waivers, the justification and approval cocuments shall be place d in the Puolic Document Room.
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, 7590-01
$20-1.5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subcart 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.
Cated at Washineten. 0.cthis __27th day of March 1979.
For the Nuclear Regulatory Comission-3 A
_chdN CG. A e
Samuel d. Chilk '
Secretary oft the Comission s
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- Revised 7/30/80 Consisting of Pages 1 through 25 CENERAL FROVISION FIXED PRICE SUFPLT CONTRACT TABLE OF CONTENTS i
Standard Fora 32, General Provisions (Supply contract) Conenf aia: the following ;
listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 20 attached thereto. '
l t
ARTICLE TITLE PAGE 1 De f ini ti ons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Changes......................................................... 1 3
Extras.......................................................... 1 4 variation In Quantity........................................... 1 5 Isspection...................................................... .1 6 Re s pons ib ili ty Fo r S upplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 7 Payments........................................................ 2 8 Assignment of C1 aims............................................ 2 9 Additional Fond Security........................................ 2 10 Examination of Records By romptrollar General.... .............. 2 11 12 Default.........................................................
Disputes......................................~..................
2 3
13 Notice and Assistanca Regarding Patent and Copyright Infringesent.................................................. 3 14 Buy American Act................................................ 3 15 Convict Labor................................................... 4 16 Contract Work Hours and Safety Standards Act -
Overtime Compensation......................................... 4 17 Vals h-Healey Public Contrac ts Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18 Equal Opportunity............................................... 4 19 Of fi cials No t To Bene f1t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 20 Covenant Agains t Contingent Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 21 Utilization o f Small Business concerna. . . . . . . . . . . . . . . . . . . . . . . . . . 5 22 Utilization of Labor Surplus Area Concerns...................... 5 23 U tiliza tion of Minority Business Concerns . . . . . . . . . . . . . . . . . . . . . . . 5 24 P ricing o f Adj us tmen ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 25 Payment of Interes t On Contractors ' C1mimm. . . . . . . . . . . . . . . . . . 5 26 27 Alterations.....................................................
Lis ting o f Employment 0panings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... 6 6
28 Employment of the Handicapped................................... 9 29 Clear Air and Water.............................................. 10 30 Federal. State and Local Taxes.................................. 11 31 Termination For convenience of the Cowarnment................... 12 32 Minority Business Enterprises Subcontracting Program............ 17 33 Preference For U.S. Flag Air Carriers..J........................ 18 34 No tice To the Government of Labor Disputes . . . . . . . . . . . . . . . . . . . . . . 18 35 36 Permits....................................................
Renegotiation................................................... 19
..... 19 37 Patent Indemnity................................................ 19 38 Reporting Royalties............................................. 20 i
39 No ti c e Ra garding La t e De liv ery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 l
4
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-l GENERAL PROVISIONS .
@#y Contract
- 1. DEF1 NIT 10Na without limitation rtw materials, components, latermdiate As used throughout this contract, the following terms shall assemblies, and end products) shall be subject to inspection and have the meaning set forth belows test by the Govemment, to the extent praetlesh!e at all times and (a) The term " head of the agency" or "Seentary" as used Pl aces including the perled of manufacture, and is any event prior herein means the Seerstary, the Under Secretary, any to acuptanee.
Assistant Secretary, or any other head or assistant head (b) In enae any supplies or lots of supp!!as an defective in of the ezeentive or military department or other Feders) material or workmanship or otherwise not la conformity with the agency; and the term -hia duly authorised representative" requirements of this sentract, the Governrnent shall have the means any person or persons er board (other than the right either to nject them (with or without instructions as to contacting Omeer) authensed to set for the head of the ther disposition) or to require their correction. Supplies or lots agency or the Secretary. of supplies which have been rejected or required to be corrected (b) The term " Contracting Omeer" means the person essenting shall be amoved or,if permitted or required by th Contractiac this contract os behalf of the Government, and any other Omeer, corrected in place by and at the expense of the Contracter omeer or civilian employee who is a properly designated promptly after notice, and sha!! not thereafter be tendered for Contreetlag OSear; and the term lacludes, except as other- acceptance unless the former njection or requirement of corroe-wise provided la this contreet, the authorised reprenants- tion is disclosed. If h Contreeter falls promptly to remove such tive of a Contracting Omser settag withis the limits of his authenty. supplies or lots of suppues which are required to be removed or promptly to replace or correct such suppUes or lots of supplies.
(c) Except as otherwise provided in this contreet, the tassa the Government either (1) may by contrast or otherwise Mpisee "subcontreets" laeledes purchase orders under this or correct such supplies and charts to the Centractor the east contreet.
occasioned the Government themby, er (!!) may terminate this 1 CMANGEB sentreet for default as provided in the classe of this eentreet The Contracting Omeer rear at any time, by a writtaa order, GAtitled "Delault." Unless the Centreeter gernets or replaces and without notice to the sureties, make chaages, within the son- sneh supplies within the delivery schedule the Centracting Omeer eral neope of this contreet. In any one or more of the foHowing may require the delivery of such supplies at a reduction in price
!!) Drawings, designs or speciSeations, where the supplies to be which is equitable under th circumstances. Failure to agree to fornished are to be specially manufactured for the Govemnemt such reduction of pnee shan be a dispute concerning a question of fset within the meaning of the clause of this contract entitled in accordance therewith; (11) method of shipment or peaking; a pt,,gg,,,a .
and (iii) place of delivery. If any such change enuses na lacrease or deerrase in the cost of, or the time required for, the perforn> (c) If say laspdon or ust k mde by b Governant on b anse of any part of the work under this sentreet, whether changed preams of the Contractor or a subcontreeter, the Contraster or not chansed by any sueh order, an equitable adjustment shall without additional charge shall provide aD reasonable familities he made in the contract prise or delivery sehedule, or both, and ud mistuce fu tb ufen ud even d th Gqrm the contract sha!! he foodhd la writing aseerdinair. Any c! alm by inspectore in the performance of their desass. If Government the Contractor for adjustment ander this clause must be asserted laspection or test is rende at a point other than the premiase of within 30 days from the date of receipt by the Contracter of the h Centraswr w a sukutramer,it hH b at b espw of notiScation of chaases hovided Aewever. That the Contreettag the Government except as o'thermee provided la this eentracts Oscer, if he desides that the facts justify seek action, may re- g, g, ,,,, g gj,,,g,, g g,,, , ,gg ,,, 9 ceive and act upon any seeh claim asserted at any time prior to liable for any reduction in valos of samples mand in cosaseties Baal payment under this contreet. Where the cost of pMperty with sub inspetion w w. AH inspetism ud tests by tb made obsolete or eseems as a resnit of a change is incloded la the Government shall be performed in such a manner as not to unduly Contractor's claim for adinstment, the Contrasting Omeer shall delay W work. The Government reserves b right to charge to have the right to preserthe the manne* of disposities of such th Contreetor any additional cost of Government inspection and proprrty. Failure to agree to any adjustment shall be a dispute test when supplies are not nady at the time such inspection and ennevening a question of feet within the sneaning of the clanes of test is requested by the Contractor or when reinspection or retest this enntract entitled " Disputes." However, mething in this cisase is neeseWitated by prior nfection. Acceptaase or rejection of the shall eneuse h Contractor frees preesedfag with the contreet as suppuu shH W mde u pptly u prahbk Mter deuvery, changed oneopt as otherwise provided la this contreet; but failure to
, , inspect and accept or nject supplies shall neither relieve the ggm, Contractor from responsibnity for such supplies as are not in Ezeept as otherwise provuled in this contract rio perment for ** ** * ""*#*#* " # "
rztras shall be made unless noch extras and the price therefor *" "" "
have been authertsed in writing by the' Contracting Omeer. (d) The inspecties and test by & Cavernment of any supplies or lots broof does not relieve the Contractor from any responap 1
- 4. V4as ArtoM IN QttaNTf77 * '
bility regarding defects or other failures to meet the contract )
No variation in the quantity of any item called for by this con. requiremnts whleh may be discovered prior to accePtuce.
tract win be accepted unlese such variation has been caused by Escept as otherwise provided in this contreet, acceptance shall renditions of loading, shipping, or packing, or allowances la be conclusive except as regards latent defects, fraud, er such mannfseturing processes, and then only to the extent, if any, gnes mistaw as amount to fraud.
epechd elsewhere la this contract. (e) The Contractor shall provide and maintain an inspection system acceptable to the Government sovering the supplies ,
A. ins?RCTION hereunder. Records of all inspection work by the Contractor (a) All supplies (which term throughout this classe inelades shall be kept complete and available to t>r Government during gramuto poses sa (n 4-m as-iee 3 p,ueeness by Gaa. Ppn (45 Crm taladot e
4
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the performance of this eestreet and tw such longer period as surety falls to th. .sh reports as to his Sanasial condities frani may be speci6ed elmewhere la this esatreet. time to time as requestad by the Government, the Centreeter shau promptly furnish seek additional security as anny be required A. ItrArhMSHut.tfT roa 3urruns from time to one to proues th interesu of W Govunm W Ezeept an otherwise provided in this contract, (1) the Con
- of persons supplytar laher er materials in the proeerution of the tractor shall be responsible for the supplies covered by this work comumplaud by this aestrast, contract until they are dellvned at the designated delivery point,
. rewardlene of the point of inspections (11) after deUvery to the 10. haastxArsow or Raccess av Costrraouan GsMEast, Covernment at the designated point and prior to aseeptsase by (a) This elasse le applicable if the amount of this contract the Goverruneet or rejection and giving noties thereof by the easseds $10,000 and was entered lato by rneans of negotiation, Government, the Government sha!! be responsible for the less or imeluding small besiases restrieted advertising, but is aos appli.
destruction of or damage to the supplies only if sash loss, emble if this osotreet was estored into by means of formal destructies, or damage reschs frees the nestigenes of edBeers, advertidag.
asents, or employees of the Government acting within the esope (b) The Centractor agreen that the Comptrollar General of the of their anployments and (111) th Contractor shall bear all riska United States or any of Es duly motheriand representatives shall, an to rejected supplies af*.or notiep of rejection, except that the until the espiraties of 3 years after $nal payment under this Gowrnment shall be responsible for :he loss, or destruction of, or contrast or such lesent ti as speciaed La either Appendix M of the ,
demare to the supplies only if such sogs, destruction or damage Armed Serviens Proenrement Regulation of the Feders! Procure-tueults from the groes negligenes of odkers, agents, or eenployees meat Regulations Part 1-20, as appropriate, have seeems to and of the Govmenment acting within the scope of their employment. the right to emandas any directly pertinent books, documents, *
- 7. PavusNTs papers, and records of the Centracter involving tramanations re. !
The Contractor shall be paid, upon the submission of proper invoiean or vouchere, the prises stipulated heresa for sepplies (8) h Ccatreeter farder agnes to laelude in all his sob, sentreets hereunder a provision to the efect that the subcontrae.
delivered und aesepted or services rendered and aseepted, less tot agrees that the Comptroller General of the United States or deductions, if any, as hereia provided. Unless otherwise sysai8ed, payment will be made on partial deliveries necepted by the Gov- any of his duly sothertsed ri.presentatives shall, until the espirs-tien d 3 years after Saal perment under the subeestreet or such ernment when the amount due en seeh delinries so warrmats lesser tim speciaed la eitner Appendia M of the Armed Services or, when requested by the Centreetor, payment for asempted par-tial eielinries shall be made whenever such payment would equal Pneunment Regulation or the Tederal Pmarernant Regulations Part 1-20. as appropriata, have necess to and the right to examine or exceed other $1,000 or 50 pereens of the total amemas of this n g,,,,,
any directly partiment books, documents, papers, and noords of oneh saboontreetor, lavelving transactions related to the sub-
- s. AasicwwtNT or Cwus sentreet. The term "subeestract" as used in this elanse emelodes (a) Purvaant to the provisions of the Assignment of Claims U) Perehase ordere not exeending $10.000 and (2) suheontracts Act of 1940, as amended (31 U.S.C. 203. 41 U.S.C.15), Lf this or Purchase orders for publie stility serviese at rates established centreet provides for payments assnesting 81,000 or more, for uaiform applicability te the senerm1 public.
claims for moneye due or to baseme due the Contraetor from the (d) The paiads of assoas and examination described in (b)
Govarnment under this centreet may be assigned to a bank, treet and (e), aben, !se remords which relate te (1) appeale ander mmpany, or other Anancing institutica, incinding any Federal the " Disputes" classe of this contract. (2) litigation or the lending agency, and may thereafter he further nasigned and settlement of claims arising out of the performance of this coa.
rummairned te any sneh lastituties. Aay such ammenment er re. trast, or (3) easts and erpenass of this sentred as to which es.
asairnment shall sowr all amounts payable under this sentract deption has been tahan by the Comptreller General or any of his nad not already paid, and shall met be made te more than oas duly authertsed reptueestatives, shall continue until such appeals, party, ruesps that any such assignment or reassignment may be litigation, elsias, or esesytions have been disposed of.
made to one party as agent at tnstes for two or more parties 11. Durd .
participatint in such Anansing. Unless otherwtas provided la this contreet, payments to an aseispee of any moneys dus or te (a) The Genrnment may, subject to the provisions of pars-In.come due under this consraet shall not, to the extent provided graph (e) below, by writtaa notice of default to the Contreetor, in maid Act, as amended, he subject to reduction orestof. (The terminate the whole or any part of this contreet in any noe of preceding sentence applies only if this sentreet is made in time of the foMg dnumstaneest war nr national emerzeney as deined in said Act and is with the (1) If the Contreeter fails to make delivery of the supplies or ,
twpartment of Defense, the General Serviece Administration, the to performa the services within the tiene spec 18ed herein or any Enerry Research and Development Administration, the Nattenal extensin themf er Aernnancies and Spaee Adminiserstion, the Federal Aviation (11) If the Catreeter falla to perform any of the other pro.
Administration. or any other department or aseney of the United Hains of this contreet, or so faum to make prorrues as to mate = uniatated by the President pursuant to Clause 4 of the endanger performance of this contrnet in accordance with its provisu of section 1 of the Assignment of Claims Act of 1940, as terms, and in either of these two cireurrstances does not cure anu nded by the Act of May 15,1H1. 85 Stat. 41.) soeh failure withia a period of 10 days (or such lenove pertad ;
(b) In an ennt shall sopies of this eentred or of ra.r plaan, as the Contreeting OfReer may authorise in writing) after speci8 cations, or other similar deraments niating to wod. under- receipt of notice from the Contracting Ofleer specifyior such this contract, if marked " Top Secret,"" Secret," or "Conadential." fausre. ,
la furnished to any nasiense of any claim arising nader this (b) In the event the Gowmment terminates this eentreet in enntract ne tn any other perens not entitled to recein the same. whole or in part as penvided la parnernph (a) of this clause, tha Itawever, a capv of any part er all of this contract se marited may Gennment may prorum, upon such terms and in such manner le furnished, ne any information sentained therein may be die- as the Contractina OfReer may deem apprnerinte, supplien or c6need, to such ammirnee open the prior written authsrtsstian of a nervices.similar to those se terminatevi, and the Contractor shall the Contractine OfReer, be liable to the C-..J-st for any evrew rests for such similar supplies or earviesa Pmended. That the Contractor shall eentinue S. Arm:Tinwas. Mown sectm:Tr the performaneo of this contract to the ettent not terminated if any surey upon any honel feraished in ennnection with this under the provisions of this elassa.
c'entreet liesomes un-
- to the Government er if any seah (e) Emmeyt with respect to defaulta nf subenntrarters, the svamoamo posu as en 6.ro 2 ,
v a .
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a g 4
Contreeter shall not be liable for any assess costs if the fausse to lag Omeer, who shall rednee his desimaan to writing and a all or perform the contract arrese out of sausee beyond the sentrol and otherwtee farnish a copy thereof to the Contraesar. N datision ,
without the fault or negilsenee of the Contractor. Seek eneses of the Centrasting OSeer ehan be Anal nad 'teive ua M may include, but are not restricted to, arts of God or of the puh11e within 30 days frun the date of reenspt o' , the Con.
enemy, acts of h Government la alther its sovereign er sea. tractor mails or otherwies fuzusabes to is Omeer tractual capeetty, Arce, Aoeds, epidemses, quarantine restrictions, a writtaa appeal addressed to the Se ..sion of the strikes, freight embaraone, and unusuauy esvere weather; bot Secretary or his duly asthertsed r d, ,r the determi.
In every case the failure to perform must be beyond the seetrei nation of each apposts shall ir % .ansive unlese do.
and without the fault or negligenes of the Contractor. If the eilen to have been failurn to perform is caused by the default af a subeentreeter, termined by a seert of ee" [Y"%
fraudulent, or empricises. t so greenly erroneous and if such default artees out of enames beyond the control of both as nessesarily to . imply *
'8 st . supported by substantial the Contractor and enheontracter, and without the faalt er endense.In eenaa# .ppeal premeding ander this nemligence of either of them, the Contractor shall not be ushle clause, the Cont' aforded as opportualty to be for any eseese esets for fausse to perforra, unleen the esppues beant and to .a espport of its appos1. Pending nr services to be fornished by the subeentractor were obtainshie Saaldemaio. .seander, the Contreeter shall pressed
, from other neurces in suscient time to permit the Contracter to diligent!' .mance of the contract and la escordance meet the required delivery schadole, with t* t o sSear's hah (d) If this contrast is terminated as provided la paragraph (1 .es" cisuse does not preclude consideration of
-(al of this clauss, the Government, in addition to any other rights law . . conneetion with decisione provided for in pare.
provided in this clause, may require the Contractor to transfer graph sve: Previded, That nothing la this contract shall be title and deliver to the Government, la the manner and to the constreou as making Anal the decianon of any shalaavative essent directed by the Centrerttag OSear. (!) any T" eSeial, repreematative, or board on a question of law.
suppues, and (11) such partiauy completed supplies and materials, pane. teels, dias, jign Astures, plane, drawings laformatism. 13. Norses ao Asessracs Ramaannte PAtswt Awo Corymnar? IwrumasasswT and contraet rights (herunafter caDed " manufacturing an.
terials") as the Contreeter has ya,.ny prodneed er spe. The ,Mr of this classe shall be appliashle saly if the ciacally asquised for the performance of such part of this esatreet amount of this sostreet easseds $10,000. ,
as has been terminated: and the Contractor shall, spea direeties (a) The Centreeter shall report to the Contraeslag Osser, of the Contreating Omeer, protest and preserve property la promptly and la reasonable wrtste detail, eneh nation er eisim
- 1 r of the Contractor in which the Government has na of patent or copyrightsafringeneset based on the performance of interest. Payment for completed supplies delivered to and ae. this contreet of which the Contreeter has knowledge, copted by the Govarament shall be at the costreet pries. Payment (b) la the evet of any claim or sait assinas the Goverrurent for manufacturtag materials delivered to and necepted by the on sessuat of any alleged patent er copyright infringement
- Government and for the protection and preservation of property arising oss sa the , t.---- of this contract or ont of the use shan be in as amount agreed open by the Contractor and Com. of any supplies furnished or work or serviene performed here.
tracting Omeers fsDure to agree to such amount shau be a dispete under, the Contractor ahau furnish to the C.. 1 r who coneerning a question of fact within the raenains of the clanas of requested by the Costreeting OSeer,40 evidense and enformadon this contreet entitled " Disputes." The Government may withheid la pensesmes of the Contrasser portalanag to each Wt or claire, from amounts otherwise due the Contractor for such esenpleted Sneh evidence and informathe shall be furnished at the expense supplies or raanufacturing matertals such som as the Centreating of the Governmaat easept where the Contreeter has agreed to OSeer determines to be ======y to protect the Governesent indsennify the Govermanas, assinst lose bestase of setstaading liens or claims of former 11em heders. 14' 3117 '""^" ACT -
(e) If. after netJes of termination of this aestrast under the (a) In asquiring and prodents, the Dwy Ameriesa Ast (4117.5.
provimiens of this clanes. It is determuned for any ressen that the Cade 10 a d) provides that the Goverassent give prefersas to Centractor was not la default under the ;,... . - of this claman, domestie saares med predeets. For the purpose of this clause:
, or that the default was enenaable under the prvetaiens of this (1) "'" m- te" means these articles. materials, nad esp.
elsuse, the rights and obligations of the parties shad. If the een. plies, which are directly inserparzted la the end prodnets; tract sentains a clanes providing for termination for convesaense (11) "End prodnets" means those articles. materials. and, I of the Government, he the same as if the netioe of terminaties supplies, whfah are to be naquired under this sentreet for pubtle .
had been teend pursuant to such elanee. If, after notles of termi. sees and i nation of this centrast under the provisions of this classe. It is (111) A "domestie esarse and prodset" monas (A) an an.
determined for any reason that the Centractar was not la default manufactored and product which hee been mined or prodneed untier the provisions of this clanes. and if this centrast does set la the United States and (B) na end product manafectured la cantain a clause providing for ternuaation for convealense of the the United States if the east of b components thereof which Government. the contract shall be equitably adjumed to caerpen. are mined, produced, or mannfactured la the United States es.
ante for such tern:ination and the contract modined assordinglys oseds $0 percent of the east of all its coreponents. For W fadure to agree to any such adjustment shall be a dispute esa. purposes of this (a)(111)(E), componente of foreign origin of cerning a question of fact within the meaning of the elause of this the same type er kind as the products referred to la (b)(11) or enntract entitled " Disputes." ,
(111) of this clause shall be treateri as componente mined, pre.
(f) The rirhts and rmaedles of the C ..m t provided la this doeed, or manufactured in the United States.
' clause shall not be entlasive and are la additten to any other (b) The Contreetor agrees that there will be delivered under rirhts and remedies provided by law or nader this contraes. this sentreet only demostas esarse end products. essept end (g) As need la paragraph (e) of this cleans, the terme " rob. produets:
contractor" and "subsostreeters" mean embasatreeter(s) at (1) Which are for use entside the United States any tier. ,
(11), Which the Government determines are not mined, pro.
duesd. or mane.fnetured la the United States in suscient and E Disr m s
\
O remannably available samunersial gaantitiae and of a satisfactory (a) Ezeeps as othe* '. any dispeto quality eeneerning a - Set g,% g . tract which (!!!) As to which the Secretary determines the domestic le ner " gM ..aasd by the Centreet. preferense to be insensistaat with tlw public interests or
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(le) As to wblah the Soaretary deemreises the east to the O-Goverarment to be sarenesmahle.
' of the Soaretary of faber whAsh are new or assy L hereafter he la efest.
(The fongoing requisemeente are adiolaistered in asserdanes with Emerative Order No. losas, dated N--h--17,1866) 18. Egeas Oppour w r II* C' (The feuewing slanas is appliaahle salass this contreet is es.
la rennecdon with the performanes of w9tk under this esetreet, esept under the rules, regulatieas, and relevans ordere d the Seerstary of bhor (61 CFE, eh 00).)
th8' Centractor agrees not to ernpley any perses undergoing ass.
tese e et impriesament at hard labor essept as provided by Pahus During the performanes of this anstreet, the Contreeter agrees I es fogowei Im 86-178, September 10,1965 (18 U.S.C. 4082(c)(3)) and )
Fai setive Order 11tB6, Desember 20,1313. (a) The Contraster wu! act diseriminate against any employee '
er appuamat for - -Y ;.t beenase of raes, celer, religion, sex, i
- 18. CaseTaaer Weas Bocasso 5m arm h or natiemal origia. The Centresser wu! take afRrmadve medon to
')visrrtues Consruseasttoes eneste that applianats are employed, and that employees are i Tils sentreet, to the extent that it is of a sharneter 'need- "" * **" "'"## ** #*" "b#'
la tk Centreet Y*erk Hours and Safeer Senadards Act (40 U.S.C. religies, eas, or nat.ienal origin. Seek action saa!! laelude, but not 3274M), is subiest to the fellowtag provtedoms and to all other he limited te, the fellowing: F.mploysasas, upgrading, demetion.
,,g,,,,g,,;
i ,,,,gg , '
4 appilamb:e proviesene and essepdens of seek Act and the regula- ,,,,,gg ,,,, ,g,,,gg,,,,g,7,g ,,
tiene et 2.Seentary of thenunder, teresad=3 rates of pay or other forme d campmam and *
(a) Overtia.e requirementa. No Centreeter er sabeantreetor salertion for training, lacludlas spprendeeship. The Contracter sustrasting for any part of the eonernet work which may require agreet to post la senspieneus plasse, available to employees and or invoin the em$erment of labenru, smaakaales, appnations, appuanam for esoplerment, modees to be provided by W Cm- ,
trainees, watchman, and guards ohnu requin or permit aaF treedag OfBeer setting forth the previssees of this Eqcal Opper.
teatty elanen.
labone, meshaam, apprestion, tralass, ws**h-t or guard la any worieweek la whteh he is semployed en such work to work la (b) The Centreeter wlE, la au salleftadens or advertiseenents esamme of eight bourn in any calendar day or ta esoses of fortf for employees pissed by or as behalf d the Contracur, stau heers la ensh werkwath as work schjeet to the p. ?__x of the that au quauSed appuamate wul reentw sensideradan for em.
Centrast Work Baure and Safety Standards Act salese seek pleyness wthat neard to raes, seier, reussen, een, or natkaal origin, laborer, mechanie, apprenda: trainen, watahman, or guard re.
esives componestion at a rate not less than see and one.balf tfase (e) The Centraeter wG! ased to such labor union or represents.
his baaie rate of pay for all such hours worked in sace'd wf eight die d workers with which hs has a esileedve barsalains agree-heure la any w==d=* day or la essene of forty hete as such ment or other eentraes or understanding, a nettee, to be provided werkwenic whichem is the greater assaber of omtime hours. by the agency Contraedas OSeer, advismg the labor union or workans' representative of the Centreeter's esenmitments under
- (b) Violation
- Hability for unpaid wages Uquidated damages.
this Equal Opportunity alson and chan post copies of the notice la the event of any violaden of the preetelons of paragraph (a),
, b Contreeter and any sobeontreeter responsible therefor shall in conspwneus places available to ensplayees and applicants for employment.
be liable to any afasted employee for his unpaid wases. In addi-tien, seeh Contreeter and subsentraesse shall be liable to the (d) The Contreeter will comply with s!! provisions of Essen-United States for !!quidated damages. Seek liquidated damages tive Order No.11244 of September 24, 1985, as amended by shall be semposed with respeet to enah individual !aberer, Ezeestive Order No.11378 of Oetebar 13,1967, and of the rules, regulations, and relevaat ordere of the Secretary of Labor.
maahanie, apprendes, tralace, votahana, or guard employed la vioistion of the previsions of parmsraph (a) la tb4 som of $10 (e) The Contesstar win fornish all taformaden and reports for eseh enjendar day on which sash sunpleyes was required or required by Ezeendte Order No.11348 of September 24, 1968, ,
permetted to be ansployed on seah work in emesse of eight hours as assaded by Ezeentive Order No.11375 of October 13, 1987, er la asamme of his standard werkweek of forty hoore withoet pay. and by the mies, retsladons, and orders of b Seerstary of bber, or puremmat thereto, and win permit assoas to his books, uset of the overtime wages required by paragraph (s).
reseeds, and sessuats by the contracting seeney and b Secretary (e) Withholding for umpeld wages and lignidated damages. The of bber for purpenas of lavestigaties to aseertain complianas Centrasting OfBear may withheld fresa the Government Prune with such rules, regulattees, and orders, Centreeter, frost any meaers payable sa assonat of work per- (f) la the event of the Contraster's noneerspliance with the ferned by the Centraster or sobenstreeter, soeh eams as mar Equal Opportunity elasse of this sentreet or with any of the adniinletratively be determined to be necessary te satisfy any said rules, regulations, or ordare, thle centract mat be enneelC.
l liabilities of such Contractor er subcostractor for unpaid wages terminated. or suspended, in whole or in part, and b Contractor and !!quidated damagne as provided la h provielene of pare- may be deciated ineligible for further Government eentracts la
. graph (b). aseordanse with procedures authorised in Executive Order No.
(d) Sobevatracts. W Contreeter shall Insert parsgraphs (a) 11246 of September 24,1988, as amended by Ezeeutive Order No.
threesh (d) of this elause in aD sobasatracts, and aball require 11375 of Osteber 13, 1987, and such other annettone may be im-theirlaelesion In all suhuentreets of any tier, pened and remedies favoked as provided in Executive Order Na.
l (e) Reeords, The Contractor shall malatain payroll records 11244 of September 24,1966, as amended by Essentive Order No.
I restaining the informatica specified la 29 CFR 518.2(a). Such 11875 of Oeteber 18,1987, or by role, regulation, or order of 6 rmrde chan be preserved for three years from the cosspletion Seentary of bber, or as otherwies provided by law.
,g gg, ,,,,,,g, (g) The Centractor will imelude the provieiene of pararrsphe (a) through (g) fa every subcontreet or purchase order unless
- 17. Wars.Nsaurr Pesuc Comsaers Acr esempted by rules, regolations, or orders of the Secretary of If this contreet le for the maanfacture or' furnishing of Labor issued purenaat to seetion 204 of Execudve Order No.
materints, supplies, articles, or confyment in sa amount which 11248 of L '; 24, N, as amended by Execodve Order No, esseeds or may eseeed $10,000 sad is otherwise subject to the 11175 et October la,1937, so that such previsione wu! be binding Walsh.Healey Public Contreets Act, as n'a== dad (41 U.S. Code spea each subeontreetor or vendor. The Contractor will take such 36 48), there are hereby ineerporated by referenes au repressa- assion with respect to any subsentreet or purchase order as the tations and stipulations required by said Act and reguistions mtrasting asoney raay dimet es a nwone of enforcing such lassed breunde by h Secretary of bhor, such representa- r. - ' 1. laelodtag emnetions for noncomplianeer P ended, tiens and stipulattene being subject to all appliamble rulings and neweeve, That la the event the Centracter basemme involved in, grassaamo poses as on e-ra 4 D
1
< sn e v-wen,r-ww en .- w,w l -.A.A-,.-,~~~.L..,-n '
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nr is threatened with, litigation with a sobeantracter or vendor smau business en-ns: (2) other eartiaed. eligible conearns with l as a result of such direction by the contracting agency, the Coa. a Ares prsferenee; (3) aortined. eligible concerns with a sessed ,
tractor mav requeet the United States to ester into seek litigattaa pnferenes which are slee smaU business concerns: (4) other '
to protect the interests of the United States. eartfiedgligible concerne with a ansond preference: (5) per-
- 19. Orricrata Nor To BsMartT notent or su stial labor ouglas ans concess wMeh an alae axiall businese conevrns: (6) other persistent or substantial labor No member of or delegate to Congress, or resident Comnus. surplus ans concerno and (7) small busam concerns which aloner, shall be admitted to any share or part of thie contract, or an not labor surplus ares concerna, to any beneet that may arise therefrom: but this provision shall not be construed to extend to this contract if stade with a earpo. 23. UTmsmow or Mrwos:TT hatwsss ENTsarmass ration for its general beneet. (a) It is the pelley of the Government that minority business
- 20. CovsNAxt AcAINrf CowTrwasNT Tssa 88 8 im a practicable opportunity to participate la the performaase of Government contracts.
1"he Cnntractor =straats that no pornoa or selling agency has been employed or retained to soucit or escun this contract upon (b) The Contractor agrees to see his best eforts to carry out ]
this pelier la the award of his subcontracts to the fullest extent an agreement or understandlag for a commission, ponentags, soneistent with the edBeient performance of this contract. As brokernas, or contineens fee, ezeepting bona $de employees or hona Ade established commermal or selling agencias maintained mW in this contract, b term hty business enurpries" sneans a busir.eas, at least 50 pareent of whfeh is owned by by the Contreetor for the purpose of securtng business. For minority group members or,in came f publicly o-ned businesses. '
breach or violation of this warranty the Government shall have the right to annul this contract without liability or la its diaero. at least 51 percent of tne stock of which is owned by minority I tinn to deduct from the contract price or seasideration, or other*
greap members. For & purposes of this dednition, minonty j group members are Negrosa. Spanish-speaking American persons.
wine recover, the fuH amount of such commission peresetage' I brokersse. or eontingent fee. American Orientals. American. Indiana. Amerieaa Eskimos and l Amersesa Aleuta. Contracurs may nly on wntten represena.
- 21. Urrt.rzmow or Swat.t. Bustwsse ConcesNs tiens by sabeontractere regarding their status as minority busi.
(a) It is the policy of the Government as declared by the Con- nem enterpnses in lieu of aa ladopendent lavestigation, j greas that a fair proportion of the purchases and contracts for H. PascrMe or Anst rticzNTs suopiice and services for the Government he placed with smaU When costs are a factor la any determination of a contract busineas enneerns, prise adjustment pursuant to the Changes clause or any other (b) The Contractor arreas to accomplish the maximum amount provision of this contract, such costs shall be in accordance with of subcontracting to small businees concerns that the Contractor the contreet cost prtneiples and procedures in Part 1-15 of the ends to be consistent with the edBeient performance of this Federal Procurement Regulations (41 CTR 1-15) or Section XV contract. of the Armed Servicae Procurement Regulation. as applicable.
- 22. Urtt.rzAffoM or L.Asos St art.tts AasA CowesxNs which are in efect on the date of this contract.
(a) It Is the policy of the C.-...et to award conersets to 25. PAYwswT or Infraser ow Cowtmacmas' Cr. arms labor surplus arwa concerns that (1) have been certined by the (a) If an appealis iled by the Contractor from a anal decision See etary of Labor (hereafter referred to as certt6ed-eligible of the Cont.seting Omeer under the Disputes clause of this con-enneerna with dret or second prefennees) regsrding the employ- tract. denytag a claim arising under the contract, simple interest ment of a proportionate number of disadvantaged individuals and on the amount of the claim Anally determined owed by the Gents.
have arreed to perform substantially (!) la or near sections of mest shall be payable to the Contractor. Such interest shall be at concentrated unemployment or underemployment or In perustent the rate determined by the Secretary of the Treasury pursuant to or rubstantial labor surplus areas or (!!) in other anas of the Public Law 92-41,88 Stat. 97. from the date the Contractor for.
United States. respectively, or (2) am nonsertined concerns nishes to the Conerseting Oscar his written appeal under the which have agned to perform sobstantially in persistent or sub- Disputes clause of this contract to the date of (1) a anal judg-stantial labor surplus arena, where this can be done eenastent esas by a court of competent jurisdiction, or (2) maillet to the with the emeient performance of the contract and at prions no Contractor of a supplemental agreement for eseention either con-hieher than are abtainable elsewhere. The Contractor agnes to arming completed nerotiations between the parties or carrytag use his best eforts to place his subcontracts in accordanse with out a decision of a board of contract appeals, this polley. (b) Notwtthstanding (a), above, (1) intenst shall be applied (l:1 in complying with pararreph (a) of this etanse and with only from the date povment was dos, if such date is later than pnmeraph (b) of the elABae of thiS contract entitled "Utillsation the fling of appeal, and (2) intereft shall not be paid for any of Small Musinm Concerna" the Contractor !n placing his sub- period of time that the Contracting Omeer determines the Coa-contrnets shall observe the following order of preferoneer (1) tractor has unduly delayed in purruing his remedies before a CertiAed.cll:2ble conevrns with a Aret preference which are siso board of contract appeals or a court of competent junsdiction.
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FFR CHANGES AND NRC ADDITI0tts TO STANDARD FORM 32 (1-16.101(c))
GENERAL FR0 VISIONS (SUFFLT CONTRACI)
(June 1976)
ADDITIONS, CONSIST OF ARTICLES TERDUGE .
- 26. ALTERATIONS The following alterations to the provisions of Standard Form 32, General Frovisions, of this contract were made prior to execution of the contract by the parties:
1.
DEFINITI0HS
- a. The following paragraph'(d) is added to this clause: ,
"(d) The term " Commission" or "NRC" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Otficer except for the purpose of deciding an appeal under the Article " Disputes."
- 27. LISTING OF EMPLOYMENT OPENINGS (FFR Temp. Reg. 39) , , ,
(Applicable to contracts Involving $10,000 or More)
DISAELED' VETERANS AND VETERANS OF THE VIIINAM EIA
- a. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vistnam era 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 employment,. and otherwise treat qualified disabled veterans and veterans for the Vietnam era without discrimination based upon their disability or veterans status in all employmast practices such as the following: employment upgrading, demotion or transfer, recruitment, adver-tising, layoff or termination, rates of pc; 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 vbersin 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. Its contractor further agrees to provide such reports to such local office 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 chose reports set forth in paragraphs (d) and (e).
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, c. Listing of employment openings with the esployuant service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations 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 *, iring of any pcrticular job applicant or from any particular group of job applicants, and nothing herein is intenda' d' to relieve the contractor from any requirements in Executive , orders or regulations regard-ing nondiscrimination in employment.
- d. The reports required by paragraph (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 hiring
, location in a State, with the central office of that State esployment service.
Such reports shall indicate for each hiring location (1) the number of indivi- -
duals 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 number 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 say performance 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 af ter final Myment under the contract, during which time these reports and related documsmcation shall be made available, upon request, for a - hation by any authorited representatives of the contracting officer or of the Secretary of
, Labor. Documentation would include personnel 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 j 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 apply to the listing of employment openings which occur and are filled outside the.50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
- g. The provisions of paragraphs (b), (c), (d), and (a) of this clause do not apply to 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. 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.
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- h. As used in this clauses (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories production and non-production; plant and office; laborera.and mechanics; supervisory and nonsupervisory; technical;.and executive, administrative, and pro-feasional openings that are compensated on a salary basis of less than
$25,000 per year. This term includes full-tima 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 organisation or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compelling circumstances an employment opening may not .
j be suitable for listing, including such situations where the needs of ;
the Government cannot reasonably be otherwise supplied, where listing 1 would be contrary to national security, or where the regt.irement of listing would otherwise not be for the base interest of the Government.
(2) " Appropriate office of the State employment service system" means the local office of the Federal / State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia,,
Guam, Puerto Rico, and the Virgin Islands.
(3) " Openings which the contractor proposes to fi31 from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the 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 from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.
, 1. 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 takan in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
l
' 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
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e andadvanceinemplohtqualifieddisabledveteransandveteransofthe 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 Raadjustment Assistance Act and is commaitted 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 subcontract 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 contractor will take such action with respect to any subcontract or purchase order as the Director of the office of Tederal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
- 28. EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38)
- a. The contractor will not discriminata 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 employment 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, re-cruitment, advertising, layoff or termination, ratas of pay or other forms of compensation, and selection for training, including apprenticeship.
- b. The contractor agress to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973 as amended
- c. In the event of the Contracter'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 conspicuo ua places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, office of yederal Contract Compliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.
l e. The Contractor will notify each labor union or reprasantative of workers with which it has a collective bargaining agreement or other contract under-standing 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.
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The contractor will include the provisions of this clause in every sub- l confract or purchase order of $2,500 or more unless exempted by rules, res-ulat tons, or orders of the Secretary of Labor issued pursuant to section 503 of toe Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract )
Compliance Programs may direct to enforce such provisions, including action.
for noncompliance.
- 29. CLEAR AIR AND WA121 (1-1.2302)
(Applicable only if .the. contract exceeds $100,000, or the Contracting officer has determined that orders under an indeffaite quantity contract in any one year will exceed $100,000 or a fu.ility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C.1957c-8(c) (1))'or the Federal Water Pollution Control Act (33 U.S.C.1319(c)) and is listed by DA, or the contract is not - '
l
.i otherwise exempt.)
- a. The Contractor agrees as follows: ,
l (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.95-500), respec-tively, relating to inspection, monitoring, entry,, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and ;
all regulations and guidelines Lasued' thereunder before the award' i of the contract. t (2) That no portion of the work required by this prime contract wfl1 be.
performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the D A eliminates the name of such l facility or facilities from such listing. ,
l 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.
1 (4) To insert the substance of the provisions of this clause into any nonexampt subcontract, 4a*1"A4a! 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.
- l. 1857 et. se'q.,'as ===aded by Pub. L.91-604).
I
! (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).
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(3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, 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 in(d), respectively, of the Air Act (42 U.S.C.1857(c) or (d)), or en approved implementation procedure under section U2(d) of the Air Act (42 U.S.C. 1857c-7(d)).
(4) The term " clean water standardo" ==== 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 pretreat-ment 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.
l Compliance shall also mean compliance with a schedule or plan ordered !
or approved by a court of competent jurisdiction, the Environmental j
Protection Agency or an air or water po Hution control agency in accor- ,
dance with the requirasents of the Air Act or Water Act and regulations issued pursuant thereto.
j (6) The term " facility" means any building, plant, instauntion, structure, mine, vessel or other floating craf t, location, or site of operations owned, leased, or supervised by a contractor or subcontractor, to be utilized in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. !
TEDERAL, STATE, AND LOCAL TAT 1nt (1-11.401-1(c))
1 (a) Except as may be otherwise provided in this contract, the contract price includes an applicable Federal, State, and local taxes and duties.
(b) Neverthelesa, with respect to any Federal excise tax or duty on the trans-actions or property covered by this contract, if a statute, court decision, written ruling, or regulation takes effect after the contract date, and--
- 1. Results in the Contractor being required to pay or bear the burden of s any such Federal excise tax or duty or increase in the rate thereof I which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate increase: Provided, that the Contractor if requested
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'.* 1 by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or
-(2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the amount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contractdag Officer, is required to pay or -
bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty.
- c. No adjustaant pursuant to paragraph (b) above will be ande under this contract unless the aggregate amount thereof is or any reasonably be arpected to be over $100.
- d. As used in parag'r apti (b) above, the term " contract date" means the data set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional' supplies or services procured by modification to this contract, the term " contract date" means the date of such modification,
- e. Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish assaption fica any tax which the Contractor warrants in writing
. .was excluded.from the contract price. In addition, the Contracting Officer t may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract
- price. Except as otherwise provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the contracting Officer.
I
- f. The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting officer.
. TERMINATION FOR CONVENIENCE OF TEE GOVEUGENT (1-8.701)
- a. The performance of work under this contract any be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall decernine that such termination is in the best interest of the Government. ~ Any such termination shall be affected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.
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- 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 extert specified in the Notice of Termination; I (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion 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; (4) , Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Government and daliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii)' the completed or partially complaced plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government; I
l (7) Use his best efforts to sell, in the menner, at the times, to the extent, l and at the price or prices directed or authorized by the Contracting Officar, any proporry of the types referred to in (6) above: Providad, however, That the Contractor -(1) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contracting Officer: And previdad fbrther, That the proceeds of any such transfer or disposition shall be appif;d in reduction of any payments to be made by the Government to the 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; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and I
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(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 Goverrasant has or may acquire an interest.
At any time af ter expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 C7R 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 terminatten inventory. net previously dis-posed of, esclusive of items the disposition of which has been directed or autho-ized by the Contracting Officer, and may request the Government to remove such items or enter into a storage agreement covering them.
Not later sSan fifteen (15) days thereafter the Government will accept title to sued items and remove them or enter into a storage agreement covering the same: Pm&fsd, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are atored, within forty-five (45) days from the date of. sub-mission 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 Contrac. ting Officer his termination claim, in the form and with 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 such 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 claim at any time after such one-year period or any extension l theree'f. Upon fhilure of the Contractor to submit his termination claim l within the time allowed, the Contracting Officer may, subject to any review l . 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 to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done P m & fed, That such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Centractor shall be paid the agreed amount. Nothing da paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amount to 8
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in be paid to the Contractor by reasot of the termination of work pursuant to l this clause, shall be deemed to limit, restrict, or otherwise determine or '
. affect the amount or amounts which may be agreed upon to be paid to the j Contractor pursuant to this paragraph (d). ;
- e. In the event of'the failure of the Contracter and the Contracting Officer to agree as provided in paragraph (d) upon the whole amount to be paid to the
. Contractor by reason of the termination of work pursuant to this.elause, 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 amounts determined as follows:
(1) For completed supplies accepted by the Goverzament (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any s' ave s of freight or other charges; (2) The total of-(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of' any costs attributable to supplies paid or to be paid for undez paragraph (e) (1) hereof; (ii) The cost of settling and paying claims arising out of the termination
,of work under subcontracts or orders, as provided in paragraph (b)
(5) above, which are properly chargeable taL the terminated portion of the, contract (exclusive of amounts paid or payable on account of supplias or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in' the comes payable under (i) above); and (iii) A* sta, as profit on (1)', above, determined by the contracting officer pursuant to i 1-8.303 of the yederal Procurement Regulations (41 CFR 1-8.303), in affect as of the date of execution of this contract, to be fair and reasonable Preidded, howeve2*, That if it appears that the contractor would have sustained a loss on the entire contract had it been complaced, no profit shall be included or allowed under
, this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rata
. of loss; and (3) The reasonable costs of settlement, including accounting, legal, clerical,
, and ochar expensas reasonably necaseary for the preparation of settlement claims and supporting data with re.rpect to the terminated portion of the b
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contract and for the termination and settlement of subconersets the rounder, together with reasonable storage, transportation, and other costs incurred in connection eith the protection or disposition of property allocable to this contract.
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The total sus to be paid to the contractor under (1) and (2) of this paragraph (a) shan not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for ne: mal spoilage, and except to the extent that the Government shan have otherwise expressly assumed the risk of loss, there shan be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2) (1)' above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Covernment, or to a buyer' pursuant to paragraph (b) (7).
- f. Costs claimed, agreed to, or determined pursuant to paragraphs (c), (d), and (a) of this clause shan be in accordance with, thg applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract.
- g. The Contractor shan have the right to appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (a) above, except that, if the Contractor has failed to submit his clain within the time provided in paragraph (c)* above and has failed to request extension of such time, he shan have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Government shall pay to
, the Contractor the fo nowing: (1) if there is no right of appeal hereunder or if no timely appeal has been enken, the amount so determined by the Contracting officer; or (2) if an appeal has been taken, the. amount finany determined on such appeal.
- h. In arriving at the amount due tbs Contractor under tiiis clause there shall be deducted (1) an unliquidated advance or other payments on account theretcfore 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 of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Covernment.
- 1. If the termination hereunder be partial, prier to the settlement of the termi-nated portion of this ' contract, the Contractor may file with the Contracting officer a request in,vr$ ting for an equitable addustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the Notice of Termination), and such l equitable adjustment as may be agreed upon shall be made in such price or
! prices.
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- j. The Government any 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 Contracter in connection with the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of.such payments is in excess of the amount finally agreed or 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 data such excess payment is received by the Contractor to ,
the date on which such excess is repaid to the Government Providad, hcuever, 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 ten days af ter the date of such recention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
- k. Unless otherwise provided for in this contract, or by applicable statute, the Contractor, from the effective date of termination and for a priod of three years after final settlement under this contract, shall preserve and make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government, all his books, records, doc.unents, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof.
- 32. MINORITY BUSINESS ENTERPRISES SUBCONT M: TING PROGRAM (1-1.1310.2(b))
- a. The Ceutractor agrees to establish and conduct, a program which eill enable minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers unday c',is contract. In this connection, the Contractor shall-(1) Designate a liaison officer who will administer the Contractor's minority business, enterprises yrogram.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions.
(3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations,' time for the preparation of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of
- . minority business enterprises.
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(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 minority business enterprises (ii) swards to minority business enterprises on the source list, and (iii) specific efforts to l identify and award contracts to minority business enterprises.
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$' (5) Include the Ut.uizccion of rdnuracy huainess Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities. .,
. 1 (6) Cooperate with the Contracting Officer in any studies and surveys of I the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to' time conduct.
(7) Submit periodic reports of subcontracting to known ainority busiues enterprises 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 any prescribe.
- b. The Contractor further agrees to insert, in any subcontract hereunder which any exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
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- 33. FREFERENCE FOR U.S. FLAG AIR CARRIERS (1-1.323-2) a .' .Fub. L.93-623 requires that all Federal agencies and Government contractors and subcontractors'will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.
- b. The contractor agrees to utilise U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available.
- c. In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he will include a certifica-tion on vouchers involving such transportation which is essentially as follows: .
CERTIF1 CATION OF UNAVAILABILITY OF U.S. FLAG AIR MRn"We I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons:I (state reasons)
- 34. NOTICE TO THE GOVERNMENT OF LABOR DISFUTES (1-7.203-3)
- a. Whenever the Contractor has knowledge that any actual or potential labcr dispute is delaying or threatens to delay the timely performance of this
' See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the
- Armed Services Procurement Regulations, as applicable.-
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- b. The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shan provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall immediately notify his next higher tier subcontractor. or the Prime Contractor, as the case any be, of all relevant information with respect to such disputes. -
- 35. PERMITS (9-7.5006-48) .
Except as otherwise directed by the Contracting Officer; the contractor shall procure all necessary permits or licenses and abide by an applicable laws, regulations, and ord4-cas of the United Staten and of the State, territory, and political subdivision in which the work under this contract'is performed.
- 36. RENEGOTIATICtf (9-7.5004-20)
If this contract is subj ect to the Renegotiation Act of 1951, as amended, the following provisions shall apply:
- a. This contract is subject to the Renegotiation Act of 1951 (50 U.S.C.
App. 128 , et. seq.), as amended, and to any subsequent act of Congress ,
providing for the renegotiation of contracts. Nothing contained in this clause shall impose any genegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereafter enacted. Subject to the foregoing, this to contain su the provisions required by section i contract 104 of theshall Renegotiation be deemed,Act of 1951, and by'any such other act, without subsequent contract = - ht specifican y incorporating ruch provisions.
- b. The contractot agrees to' insert the provisions of this clause, including this paragraph (b), in, au subcontracts, as that term is defined in section
. 103 3. of the Renegotiation Act of 1951, as amended.
- 37. PATENT INDDetITY (9-9.5009(c))
The Contractor agrees to indmanify the Government, its officers, agents, servants, and employees against liability of any kind (including costs' and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to. the issuance of Letters Patent) occurring in the performance of this contract or arising by reason of the use of disposal by or for the account of the Government of items manufactured or supplied under this contract.
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- 38. REPORTING OF ROYALTIES (9-9.5011)
If this contract is in an amount which exceede $10,000 and if any royalty paysants are directly involved in the contract or are reflected in the contract price to the Govertsment, the Contractor agrees to report in writing to the Commission (Patent Counsel, Office of the Executive Legal Director) during the performance of this contract and prior to its completion or final settlement the amount of any royaltias or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with' the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as will permit identification of the patents or other basis on which the royaltias are to be paid. The approval of the Commission of any individual payments or royalties -
. shall not escop the Government at any tdas from contesting the enforceability, validity or scope of, or citia, to, any patent under which a royalty or payments are made. -
- 39. NOTICE REGARDING LATE DELIVERY (1-7.204-4)
In the event the Contractor encounters difficulty in meeting performance
' requirements, or anticipates difficulty in complying virh the contract delivery schedule or date, the Contractor shall imediacaly notify the Contracting Officer chaceof in writing, giving pertinent details, including the date by which it expects to complete performance or maka delivery: Pmtdded, T1owever, That this data shall be informational only in character and that receipt thereof shall not be construed as a vaiver by the Government of any contract delivery schedule or date, or any rights or remedias provided by law or under this contract.
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- 40. S. 4 wo u OR0eR (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract 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 tems 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 deli,vered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either: '
, (1) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convenience" clause of this contract.
(b) If a 'stop work order issued under this clause is cancelled 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 or contract price, or both, and the contract shall be modified in writing accordingly, if:
(1) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perfomance of 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 canceled and the work covered by such order is terminated for the convenience of the Government, the l reasonable costs resulting frcan the stop work order shall be allowed in arriving at the termination settlement.
(d) If a stop work ordkr is not canceled and the work covered by
. such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.
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- 41. PUBL!CATfCf . CITY Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer prior to publication or dissemination for public use. If the article or other information
~
is subsequently modified or altered in any manner, the Contractor shall promptly notify the Project Officer ano furnish him/her a copy of the article or other information as finally submitted for publication or dissemination. -
1 The Contractor shall acknowtedge the support of the U. S. Nuclear Regulatory Commission whenever publicizing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication esulting. from work performed under this contract an acknowledgement substantially as follows:
"The work upon which this publication. is based was -
performed pursuant to Contract (insert number) with the
-(insert name of constituent agency). U. S. Nuclear Regulatory Consnission."
Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not both. In the absence of a clear delineatioq, C,lause Ko. 41 applies.
- 42. DISSEMINATION OF CONTRACT INFORMATION i
The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Two copies of any material proposed to be pu5lished or distributed shall be submitted totheContractingOfficer.) Failure to comply with this clause shall be grounds for termination of this contract.
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- 43. WORX FOR OTHERS Notwithstanding any other provision of th.is contract, during the '
term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any finn or organization, the result of which may give rise to an actual or apparent conflict of interest with respect to the work being perfonned under this contract.
The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this t clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any finn or organization may involve a possible conflict of interest, the contractor shall obtain the written approval of the '
Contracting Officer prior to execution of such contractual arrangement.
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':: :n t:e ::se si aar.as reevents or 44 31soutes. ,.:mer. *n zusa reeunis for sayment Insen tae fotlowies clause na . **t no ox :r wiui any amenament prescnbed by i 1-1.nsor: . t ue ::ta rteuest:n dazute to neeed
. sEM '.*.e C4 tt:::st ssat!:emty. at me base tf,:=e of submission as a c.sirn. as foi!ower (a) This contreet is subiect to the Contract ! car.tly mat tae claim is mace ta seed Disputes Act of ttre (41 U.s.c. eat et seo.). It fa 2. mat me sus orea.: data are assurate a dispute arisee relating to Se contract, the a:d ccm:!ste to t:e 'cest of my nowiedge contreetoriney subant a desa 19 the ama sedef: and cat ce amout teouested Centracung omcar who shnu issue a wnttee anewsteiy miects de uneact adissunant demaaea ce the dispute in the manan, for whics tne conesster celieves the spee8ed la WR 1-1.218, cover . stent is liable.
(b) . (Cantracter s Name) cg"C:ain" muase,,,,"gg:;-' abaad ,
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isnas W For paymeen of M. adlustaunt of
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(e)ne doesion of the Contracung omeer.
. shd be !!asi and conclusive and not sobjest to review by any forum tnbunal or Govemrnst attacy unlese as appeal er aston to umely cac:,menced wiuus the danse s;ectiles by ce Castract lllspv.es Act of a 1378.
(.1 Se Castractor shd proceed dQIgently wita pt-formance of uus contreet peneting
.".:al rme*: 'on of any requeet for relial clai=. appesi or actea reisted to the contreet, and como4y wita any dommon el the r entrec no cmcee.
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- 45. UTluZATlON OF WOMEN-OWNED BUSINESS CONCERNS (Over $10,000)
(a) It is the policy of the United States Covernment that women-owned businesses shall have the maximum practicable op participate in the performance of c'entracts awarded by,portunity to 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 per.formance of this contract. As used in this '
contract, a " woman-owned business" concern means a business that is l
.at least 31% owned by a woman or women who also contros and l operate it. " Control"in this context means exercising the power to make policy decisions. "Cperate" In this context means being actively involved in the day-to-day management. " Women" mean all ,
women
- business owners. .
(End of Clause) )
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894 b.
UTILIZATION 0F SMALL BUSINESS CONCERNS AND SMALL SUSINES! ONCERNS OTNED AND CONTR' ' LED BY SOCIALLY AND ECONOMICALLY CIS.\CVANTAGEO INDIVIDUALS 46 (a) it is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and
, economicaUy disadvantaged individuals shall have the maximum practicable opportunity to partici in the performance of contracts let by any Federal agency. pate (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 as may be conducted by the Small Business Administration or the contracting agency which may be necessary to determine the extent of the contractor's ~
comp!!ance with this clause.
(c) (I) As used in this contract, the term "small business concern" shall mean a smau business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated
' pursuant thereto.
(2) The term "small business concern owned and controlled by soclaUy and economicaUy disadvahtaged individuals" shall mean a small business concern-(i) which is at least 51 per e.entum owned by one er 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 sociaUy and economically disadvantaged individuals; and (ii) whose management and daily business operations are l \ controlled by one or more of such individuals.
The contractor shall presume that socially and economica!!y disadvantaged Individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section S(a) of the Sman Susiness Act.
(d) Contractors acting in good faith may rely on kritt en representations by their subcontractors regarding their status as a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
, (End of Cause) 1 25 l
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