ML20127N127
| ML20127N127 | |
| Person / Time | |
|---|---|
| Issue date: | 12/29/1992 |
| From: | Mattia M, Danielle Sullivan NRC OFFICE OF ADMINISTRATION (ADM), ZONAR CORP. |
| To: | |
| References | |
| CON-FIN-D-1212, CON-NRC-33-93-181 NUDOCS 9301290093 | |
| Download: ML20127N127 (109) | |
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- 4. THis CONTRACT IS A RATED ORDER -
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U.S. Nuclear Regulatory Commission Division of Contracts And Property Management, CAB 2, P-902 Washington, DC 20555 Aw.mAa; e cmTiw.iv.,m.
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Zonar Corporation 2915 Hunter Hill Road Suite 7 O'oe oaa~
D otaca <5 e ow.um m;um n.ww1 Oakton, VA 22124
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Principal Investi ator/ Technical DavidSuh11 van
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Contact:
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,f Telenhone No. (703) - 255-3800 CODE F ACIUTY CODE ADORE SS SNOWN IN 12 PAmusf Wu RE MaDE St CODE ss.3NPTouaRaFOR CODE U.S. Nuclear Regulatory Commi ssion U.S. Nuclear Regulatory Commission ATTN: Elizabeth Yeates, PDR, OC-Division of Accounting and Finance Washinoton. DC 20555 Washington, DC 20555 43 AUTHOmiTY FOR v51NG QTc THApe FULL AND QPLN GQuFrinagN 64 AGGO@iTPG AND APPROMATION DATA B&R No.:310-20-615 APPRO. No/BOC: 2542 i
FIN: D1212 202 OBL. AMr.:$196.000.00 i
@*iuaemcx O'ause===
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139. SUP.PttES4EftVtCES ISC. QU ANTITY 150 UN4T ISE Uhli PRICE ISF.AuoONT The Nuc lear Regulatory Commission hereby accepts you* offer to perfor m "Sof.tware-. -
Mainten ince and System Support for the l'ublic Documer t Rooir 's Bibliog raphic Retriev 11 System (BRS)" as specified herein and in ac cordarce with Zolar's proposal dated Dxember 16,1992 which is incorporated herein i nd maEe a part triereof.
iso TOTAL AuouwT or couTRACT S196.000.00 16 TABLE OF CONTENIS l SEC l OESCRIPTION lPAGEtS)
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PART a + CONTRACT CL AV5f S PART t
- TWE F>tEDULE
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A SOllCIT AflONCONTRACT FORM l
Xl4 l CONTRACT CLAUSES lM__
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SUP*UES OR SERvtCES AND PRICESCOSTS 5
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C DE SCRIPTON' SPECS AVORG OT ATE MENT 7
xlJ l uST OF ATTACHMENTS I 54 X
D PACh.A0iNO AND MARKING 1q pant av. REPS EstNYafioNs ANoisstnuev s E
INSPECTION AND ACCEPTANCE ofi X
K REPRESENTAflONS. CERTIFICATONS AND 62 y
y F
DELIVERIES OR PERFORMANCE -
21 OTHER STATEMENTS OF OFFERORS X
0 CONTR ACT A0Mik ISTRATON OATA -
24 X
L INSTAS., CONOS AND NOTICES TO OUERORS W
x H
SPECiAt CONTRACT RrOuinruENTs 29 x u
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NRC-33-93-181 page 2 The U.S. Nuclear Regulatory Commission hereby accepts Zonar Corporation's technical proposal dated December 16, 1992, which is incorporated:herein by-this reference and made a part of this contract, to perform the work in accordance with Solicitation No. RS-IRM-93-181 which is attached herein:and made a part of-this contract.
This labor-hour / cost plus-fixed-fee task
- order type contract is completed as follows:
1.
'SectioMB.3, " CONSIDERATION AND OBLIGATION" is deleted in its entirety and the following new Section B.3 is substituted in liet. thereof; "B.3 CONSIDERATION AND OBLIGATION a.
The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is $196,000.00. Of the total estimated ceiling amount, the amount of $113,313.60 represents the ceiling for-the work to be performed in accordance with paragraph C.2 of-the contract which will be performed on a labor-hour basis.
The Contracting Officer may unilaterally increase this amount as necessary for completion of orders placed with the Contractor during the contract period provided such orders.
are within any maximum ordering limitation proscribed under this contract.
Of the total estimated ceiling amount, the amount of
$82,686.40 represents the ceiling for the work to be i'
performed in accordance with paragraph C.3 of the Contract entitled Task Orders which will be issued on a cost-reimbursement basis.
b.
The amount presently obligated with respect to this contract is $196,000.00, Of-that total-amount, $113,313.60 is obligated for performance of the-labor-hour portion of this:
contract, and the amount of $82,686,40 is obligated for the I
A task ordering portion of this contract.
l-F p
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NRC-33-93-181 page 3 The Contracting Officer or other individuals specifically authorized under this contract may issue orders for work _up to amount presently obligated..This obligation. amount may be unilaterally increased from time to time by the Contracting-Officer by written modification to this contract.
The obligation amount shall at no time exceed the contract ceiling as specified in paragraph a. above. When and if the g'
amount (s) paid and payable to the Contractor hereunder shall-equal the obligation amount, the Contractor shall not be 1
obligated to continue performance of the work unless and-until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the Contractor in excess of.the obligation amount specified above is done so at the. Contractor's sole risk.
l A total estimated cost and fee, if any, will be nego'tiated-L c.
for each task order and will be incorporated as a ceiling.in the resultant task order. The Contractor shall_ comply with the provisions of 52.232 Limitation of Cost (APR-1984) for fully funded task-orders and 52.232-22 -- Limitation of Funds.(APR 1984) for incrementally funded task orders, issued hereunder."
2.
Section F.7, " PLACE OF DELIVERY," is deleted in its entirety.and the following is substituted in lieu thereof:
"F.7 PLACE OF DELIVERY The items to be furnished hereunder shall be_ delivered, with-all charges paid by the Contractor, to:
a.
Project Of ficer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-33-93-181 Office of the Secretary of the Commission Public Document Room, Mailstop LL-6 Washington, DC 20555 ATTN:
Elizal;eth Yeates b.
Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-33-93-181 ADM, DCPM, Contract Administration Branch No. 2 Mailstop P902 Washington, DC 20555"
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NRC-33-93-181.
>page 4 3.
Under Section F.8,'" DURATION OF CONTRACT PERIOD," the first sentence is deleted in its entirety and the following is substituted in-lieu-thereof:
R "F.8 DURATION OF CONTRACT PERIOD The ordering period for tt is contract shall commence on January 1,1993 and continue through-December 31, 1993, during which time task orders-j may be placed under this contract, Any orders issued during-this:
i period shall be completed within the time specified in the order, _
-l unless otherwise specified herein.
(See52.216 Ordering)."
]
4.
Section G.1, " PROJECT OFFICER AUTHORITY," paragraph a, is deleted in its entirety and the following is substituted in lieu thereof:
"G,1 PROJECT OFFICER AUTHORITY a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Elizabeth Yeates Address:
U.S. Nuclear Regulatory Commission l
Office of the Secretary of the-Commission-Public Document Room, Mailstop LL-6 l
Washington, DC 20555 Telephone Number:
(202) 634-3380" 5.
Section G.6, " LABOR HOUR RATES", is deleted in its entirety and the following is substituted in-lieu thereof:
"G.6 LABOR HO'JR RATES The following labor hour categories and loaded hourly-rates _shall be applicable during the term of the contract:
L CATEGORY HOURLY RATE l-.-
Program Manager-
-91.15 Support Manager 52.47 Senior-Systems Consultant 91.15 L
Systems Consultant 76.75 t
L Senior Systems Analyst 52.47 I
Senior Programmer Analyst 42.57 Administrative Support 31.19"
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NRC-33-93-181-page 5-6.
Section G,7, " INDIRECT COST RATES" is deleted in its entirety and the following is substituted in lieu thereof:
"G.7 INDIRECT RATES a.
Pending the establishment of final indirect rates which shall be negotiated based on audit of. actual costs, the Contract shall be reimbursed for allowable indirect costs as follows:
Category Rate (%)
Cost Base-Applicable Period Overhead 88 Labor Rate 1/1/93-12/31/93 G&A 18 Labor Rate + OH 1/1/93-12/31/93-b.
The Contracting Officer may adjust the above rates as appropri_ ate during the term of the contract upon acceptance of any revisions proposed by the Cor, tractor.
It is the Contractor's responsibility to notify the Contracting Of ficer in accordance with 52.232-20 ;
Limitation of Cost ((APR 1984) or 52.232 Limitation of Funds (APR 1984), as applicable, if such change (s) affect (s) performance-of work within the established cost or funding limitations, paragraphs a. and b. above are applicable to the Cost Plus Fixed c.
Fee Task Order portion of this contract only,"
7.
Paragraph a, under Section H.1, " KEY PERSONNEL" is completed to read as follows:
"H.1 KEY PERSONNEL L
"a.
The folic.ibg Individuals are considered to be essential to the successful performance of the work hereunder:
I David Sullivan l
. Patrick Sullivan r
Kathleen Bassilakis Ellen Ferguson Julie Halperson James Olivieri Cheri Hill The Contractor agrees that such personne1'shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof;"
l All other terms and conditions remain unchanged.
b
0 3
IRM-93-181 SOLICITATION, OFFER AND AWARD Page 1 of 3 Pages
- 1. This contract is a rated order under DPAS(15 CFR 350) RATING:
- 2. CONTRACT NO.
l3. SOLICITATION NO.
l4 lYPE OF SOLICITATION lIIS-I RM-93-181 l
[ ] SEALED 010 (IFB)
[X] NEGOTIATED (RFP)
~
- 5. DATE ISSUE 0 l6. REQUISITION / PURCHASE REQ. NO.
L1992 l
IRM-93-181
- 7. ISSUED BY
. CODE l8. ADDRESS OFFER TO ATTN: IRM-93-181 l (If other than Item 7)
U.S. Nuclear Regulatory Commission l
Offer must be addressed as shown in Div. of Contracts & Property Mgmt.
Item 7.
Hand-carried offers Contract Admin Branch No. 2; P-902 l
(Including Express Mail & delivery Washington, DC 20555 l
services) must be delivered to l
the address in Item 9.
_l NOTE: In sealed bid solicitations, " offer"/" offeror" mean " bid"/" bidder".
SOLICITATION
- 9. Scaled offers for furnishing the services or supplies in the schedule are due at 3:30 PM, Washington, DC local time on December 16, 1992.
Offers sent through the U.S. Mail (including U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee) must be addressed to the place specified in Item 7.
All hand-carried offers including those made by private delivery services (e.g. Federal Express and Airborne Express) must be delivered to 7920 Norfolk Avenue, Bethesda, Maryland 20814 and received in Room P-902.
NRC is a secure facility with perimeter access-control and NRC personnel are not available to receive hand-carried offers except during normal working hours, 7:30 AM - 4:15 PM, Monday through Friday, excluding federal holidays.
Of ferors should be aware that many private carriers only make deliveries to the mail room.
All offerors should allow extra time for internal mail distribution.
Offerors should ciecrly identify the RFP number on the outside wrapper. IFB's should nave af fixed the Optional Form (OF) 17, " Sealed Bid Label," on the outside wrapper.
CAUTION - LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS.
SEE SECTION L.
PROVISION NO. 52.214-7 OR 52.215-10.
All offers are subject to all terms and conditions contained in this solicitatior (See the Provision in Section L, " Proposal Presentation and Format").
- 10. FOR INFORMATIONlA. hAME:
l0. TELEPHONE NO. (Include Area Code)'
CALL:
lBeverly F. Anker l
(NO COLLECT CALLS) l l
(301) 492-4741 EXCEP110N TO STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(c) m---- - -
imi i
________-._______m_-._______---___a
-=
IRM-93-181 Page'2 of 3 Pages SOLICITATION,' 0FFER AND AWARD-II.
TABLE OF CONTENTS X-SEC DESCRIPTION:
PAGE(S)
PART I - THE SCHEDULE A
SOLICITATION / CONTRACT FORM-1-
0 SUPPLIES OR SERVICES AND PRICES /COSIS 5.
C DFSCRIPTION/ SPECIFICATIONS / WORK STATEMENT 7
19 0
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE 20 F
DELIVERIES-OR PERFORMANCE 21 G
CONTRACT ADMINISTRATION DATA 24:
-29 H
SPECIAL,' CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES 38; I
CONTRACT CLAUSES 38--
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTH" 'TTACHMENTS,54 J
LIST OF ATTACHMENTS 54 PART IV - REPRESENfATIONS AND INSTRUCT M S 162 K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS62
.t.
INSTRUCTIONS, CONDITIONS, AND NOTICES TO_ OFFER 0RS
-80 M
EVALUATION FACTORS FOR AWARD 87 0FFER (Must be fully completed by offeror)-
NOTE:
Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.
- 12. In compliance with the above,-the undersigned agrees,_1f this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule, s
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section_I, Clause No. 52.232-8) 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
- 14. ACKNOWLEDGEMEN'T OF AMENDMENTS The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO.
DATE AMENDMENT NO.
OhTE-
~
- EXCEPTION 10 STANDARD FORM 33 (REV.4-85)
Prescribed by GSA FAR(48 CFR) 53.214(c)-
IRM-93-181.
SOLICITATION,-0FFER AND AWARD-Page 3 of 3 Pages OFFER (CONTINUED)
.15A. NAME AND-l CODE l l
FACILITY:l
-l16.-NAME AND TITLE OF PERSON ADDRESS l
l AUTHORIZED TO SIGN OFFER OF l
l
_(Type or_ print) 0FFER0R l
l l
l 8
4 l
l 158. TELEPHONE NO. (Include Area l15C. CHECK IF REMITTANCE ADDRESS IS Code) l [ ] DIFFERENT FROM ABOVE - ENTER SUCH l
ADDRESS IN SCHEDULE g
17, SIGNATURE:
l
- 18. OFFER DATE:
i AWARU (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED l20. AMOUNT l21. ACCOUNTING AND APPROPRIATION l
l l
l l
l
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
[ ] 10 U.S.C. 2304(c)((
)) [X] 41 U.S.C. 253(c)( 1)
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN l ITEM (4 copies unless otherwise specified) l l
l l
l
- 24. ADMINISTERED BY CODE l l25. PAYMENT WILL BE MADE BY CODE.;
(If other than Item 7) l U. S. Nuclear Regulatory Commission
'l Division of-Accounting _and Finance l
GOV /COM Accounting Section Washington,.DC 20555
- 26. NAME OF CONTRACTING OFFICER l27. UNITED STATES OF AMERICA-l28. AWARD (Type or Print)
DATE l
l l
l f
I l(SignatureofContractingOfficer)'
IMPORTANT - Award will be made on this Form or on Standard Form 26, i
or by other authorized official written notice.
EXCEPTION TO STANDARD FORM 33 (REV.4-85)
Prescribed by.GSA FAR(48 CFR) 53.214(c)'
TABLE OF CONTENTS PAGE i
SOLICITATION, OFFER AND AWARD....,,,,...,........
1 15 PART I - THE SCHEDULE..
SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS..........
5 B.1 PROJECT TITLE.......................
5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)............
5 ALTERNATE I (JUN 1988)
B.3 CONSIDERATION AND OBLIGATION-6 SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT........
.7 C.1 BACKGROUND
.7.
C.2 STATEMENT OF WORK di SECTION D - PACKAGING AND MARKING..................
19 0.1 PACKAGING AND MARKING (MAR 1987)..............
19 SECTION E - INSPECTION AND ACCEPTANCE................
.20 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988),,.
2Q E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)....... '200 SECTION F - DELIVERIES OR PERFORMANCE................
21 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)...
21-F.2 PREPARATION OF TECHNICAL REPORTS (JUN 1991)........
21 F.3 OVERALL PERFORMANCE STANDARDS
'21 F.4 SOFTWARE DOCUMENTATION 21 F.5 RESPONSIBILITY FOR ERROR CORRECTION.....,.,.,.,.,,.,. 21 F.6 MONIHLY REPORT 22 F.7
, PLACE OF DELIVERY....................
23 F.3 DURATION OF CONTRACT PERIOD,..............
23 24 SECTION G - CONTRACT ADMINISTRATION DATA..............
G.1 PROJECT OFFICER AUTHORITY (JUN 1988)............
24 G.2 ORDERING PROCEDURES (MAY 1991) 26L G.3 REMITTANCE ADDRESS (MAR 1987)...............
G.4 TASK ORDER PROCEDURES (MAR 1987)..............
26 ACCELERATED TASK ORDER PROCEDURES (JUN 1988)........
97 G.5 G.6 INDIPECT RATES......................
28 SECTION H - SPECIAL CONTRACT REQUIREMENTS.
29 H.1 KEY PERSONNEL (JUN 1988).......
29 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......
30 H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991).....,
30 H.4
?RIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988) 30 H.5 DRAWINGS, DESIGNS, AND SPECIFICATIONS (JUN 1988).
30 H.6 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST....
31 34 (DEC 1991)
H.7 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS,,...
34 (NOV 1989)
H.8 SITE ACCESS BADGE REQUIREMENTS (JUN 1988)...
34
- 11. 9 GOVERNMENT FURNISilED PROPERTY /MATERAILS.......... 36 H.10 RIGilTS TO COMPUTER SOFTWARE.
36 38 PART II - CONTRACT CLAUSES SECT ION I - CONTRACT CLAUSES................. -..
38
4:
TABLE OF CONTENTS PAGE III.
52.252 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)...
38 1.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT 41 j
IN1EGRITY--MODIFICATICN (90V 1990)
!.3 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL....
42 OR IMPROPER ACTIVITY (SEP 1990) j I,4 52,216-18 ORDERING (APR 1984)...............
44 1.5 52.216-19 DELIVERY-ORDER LIMITATIONS (APR 1984)....._.
44 1.6 52.216-21 REQUIREMENTS-(APR 1984)' ALTERNATE I (APR 1984)..
45 1.7 52.222-18 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING....
46 PAYMENT OF UNION DUES OR FEES (MAY 1992)
I.8 52.222r42 STATEMENT OF EQUIVALENT RATES FOR~........
47 FEDERAL HIRES (MAY 1989)
I9 52.209 PROTECTING THE GOVERNMENT'S INTEREST (NOV 92)..
48 I.10 52.232-25 PROMPT PAYMENT (SEP 1992)
.........49 PART !!! - LIST OF DOCUMENTS, EXHIBITS AND OTilER ATTACHMENTS....
54 -
SECTION J - LIST OF ATTACHMENTS...................
54 J.1 ATTACHMENTS (MAR 1987) 54 J.2 FIPS-PUBS AND FED-STDS CHECKLISTi( APR 1992)........ 55.
PART IV - REPRESENTATIONS AND INSTRUCTIONS...........,.
62 "
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND..........
62 OTHER STATEMENTS OF OFFER 0RS K.1 52.203-4 CONTINGENT FEE REPRESENTATION AND........
62 AGREEMENT (APR 1984)
K.2 52.203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT....
62 INTEGRITY (NOV 1990)' ALTERNATE I (SEP 1990)
K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS.
65 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
K.4 52.204-3 TAXPAYER IDENTIFICATION (SEP 1989)........
66 K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,..
67 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)
K.6 52.215-6 TYPE OF BUSINESS ORGANIZATION..........
69 (JUL1987)
K7 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984)....,,
69 K.8 52.219-1 SMALL BUSINESS-CONCERN REPRESENTATION.......
70 (JAN 1991)
K.9 52.219-2'SMALL DISADVANTAGED BUSINESS CONCERN.......
70 REPRESENTATION (FEB 1990)
K.10 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.....
72 (APR 1984)
K 11 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA.
72 CONCERNS ( APR 1984)
K 12 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES 72 (APR 1984)
K.13 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.
73 (APR 1984)-
K.14 52.222-25 AFFIRMATIVE ACTION COMPLI ANCE ( APR 1984).
74 K.15 52.222-48 EXEMPTION FROM APPLICATION OF SERVICE.
74 CONTRACT ACT PROVISIONS (MAY 1989)
K.16 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 75 K,17 52.223-5 CERTIFICATION REGARDING A DRUG-FREE..
75-WORKPLACE (JUL 1990)
K.18 CONTRACTOR ORGANIZATIONAL CONFLlCTS OF INTEREST.
77 REPRESENTATION (JUN 1988)
TABLE OF CONTENTS PAGE I
K.19 - QUALIFICATIONS OF CONTRACT EMPLOYEES (JUN 1988)..
78 K.20 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUN 1988)..
78-SECTION L - INSTRUCTIONS, CONDITIONS, AND.
80
-NOTICES TO OFFER 0RS L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED......
80 BY REFERENCE (JUN 1988)
L.2 52.204-4 CONTRACTOR ESTABLISHMENT CODE (AUG 1989)....
80 L.3 52.214-34 SUBMISSION OF 0FFERS IN THE ENGLISH......
81 LANGUAGE (APR 1991)
L.4 52.214-35 SUBMISSION OF 0FFERS IN U.S. CURRENCY.....
81 (APR1991)
L. 5 52.216-1 TYPE OF CONTRACT (APR 1984)...........
81 L.6 52.219-22 SIC CODE AND SMALL BUSINESS SIZE........
81 STANDARD (JAN 1991)
L.7 52.233-2 SERVICE OF PROTEST (NOV 1988).........
81 L.8 52.237-1 SITE VISIT (APR 1984)..............
82 L.9 ESTIMATED DURATION (JUN 1988)..............
82 L.10 ACCEPTANCE PERIOD (MAR 1987)...............
82 L.11 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS....
83 (JUN1988)
L.12 DISPOSITION OF PROPOSALS (JUNE 1988)...........
83 L.13 PROPOSAL PRESENTATION AND FORMAT (JUN 1988).......
83 ALTERNATE I (JUN 1988)
L.14 NONDISCRIMINATION BECAUSE OF AGE (MAR 1987).......
86 SECTION M - EVALUATION FACTORS FOR AWARD...........
87 M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED......
87 BY REFERENCE (JUN 1988)
~
5
Page 4 IRM-93-181 l
OFFER 0RS/ BIDDERS PLEASE NOTE:
Do NOT complete blanks identified by an asterisk (
).
This information will be provided by the Government and incorporated into any resultant contract.
L A
pae 4
1l:
Page 5 IRM-93-181 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B. I' PRdIECTTITLE T,e title of this project is as follows:
h Software Maintenance and System Support for the Public Document Room's Bibliographic Retrieval System (BRS)
[End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALT 1 (JUN 1988) a.
Brief description of work:
The Contractor shall provide the necessary personnel, materials, equipnent and facilities to maintain the current Bibliographic Retrieval System (BRS) software, investigate and resolve problems related to software failures and database damage, and provide system support.
(Estimated level of effort:
2,340 manhours).
Sof tware enhancements shall be provided as required on a separately negotiated Task Order basis, b.
Orders will be issued for work required by the NRC in accordance with 52.216 Ordering.
Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.
[End of Clause]
i B.3 CONSIDERATION AND OBLIGATION
)
The total estimated amount of this contract (ceiling) for the a.
products / services ordered, delivered, and accepted under this Of the total estimated ceiling amount, contract is $
the amount of 5 represents the ceiling for the work to be performed in accordance with paragraph C.2 of the contract which will be performed on a labor-hour basis.
The Contracting Officer may unilaterally increase this amount b
as necessary for completion of orders placed with the Contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
Of the total estimated ceiling amount, the amount of $
represents the ceiling for the work to be performed in accordance with paragraph C.3 of the Contract entitled Task Orders which will be issued on a cost-reimbursement basis, b.
The amount presently obligated with respect to this contract Of that total amount, $
is oblicated is $
for performance of the labor-hour portion of this contract, is obligated for the task ordering and the amount of $
portion of this contract.
The Contracting Officer or other individuals specifically authorized under this contract may-issue orders for work up to amount presently obligated.
This obligation amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The obligation amount shall at no time exceed the contract-ceiling as specified in paragraph a. above. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligation amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligation amount specified above is done so at the Contractor's sole risk, A total estimated cost and fee, if any, will be negotiated c.
for each task order and will be incorporated as a ceiling in the resultant task order.
The Contracter shall comply with the provisions of 52.232 Limitation of Cost (APR 1984) for fully funded task orders and 52.232 Limitation of Funds (APR 1984) for incrementally funded task orders, issued hereunder.
- To be incorporated into any resultant contract.
IRM-93-181 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.1 f5ACKrRegno
- a. Organizational Environment The NdC Public Document Room (PDR) is located at 2120 L Street, N.W.
in Washington, D.C.
It makes available to the public a variety of agency documents such as HRC NUREG Reports and manuals; transcripts and summaries of Commicsion meetings and NRC staff and licensee meetings; existing and proposed regulations and rulemakings; licenses and-amendments; and correspondence on technical, legal and-regulatory matters.
Most of the documents are related to nuclear power plants -- their design, construction and operation -- and to nuclear materials, including the transportation and disposal of radioactive wastes.
To aid researchers in locating documents, the PDR features extensive indices to the collection and an on-line bibliographic database to access available materials.
The database is also available to off-site users.
The Headquarters Public Document Room contains more than 1.75 million documents, and the collection grows at the rate of over 260 new items every day.
During an average month, the PDR serves about 1,300 users.
IRM-93-181 Page 8
Section C
'. System Environment b
The PDR Bibliographic Retrieval System (BRS) is a resource used by the' facility to assist in making the NRC's public documents more easily identifiable and retrievable.. At'the end of April 1992, BRS managed the PDR's database of nearlyL than 1.f4 million variable length, variable format, bibliographic records describing the documents-(letters, memoranda, multi-volume reporta, engineering drawings, etc.)
received or generated by-the NRC in performance of its regulatory function.
The average size of these bibliographic records is_about 600 characters excluding inversion overhead. -The records in this database are searched for and retrieved through multiple access points using Boolean logic statements.
For more detailed descriptions of the current hardware and software s6e Sections B.3_and B.4, respectively.
The BRS primary database is updated via daily transaction tapes produced and provided by the NRC's agency-wide document control system (NUDOCS) contractor.
The NUDOCS contractor catalogs, microfilms, and produces distribution control forms for both publicly and non-publicly available documents.
The daily tapes contain an_ average 1of 1,400 fixed length records, which represent about 260 new documents plus changes.
The remaining records represent-updates, changes, or deletions to previously loaded' records.
Therefore, the PDR's database is growing at a-late of approximately 5,700 new bibliographic records each month.
The rate of addition may. rise from time to time as retrospective input occurs; for example, records for about.
4,500 additional older documents not previously enterca-into the NUDOCS system and about'1,000 not previously entered into the BR-will be added related to the Monticello nuclear power plant in Minnesota, the lead plant in:the NRC's license renewal program.
The BRS also contains other smaller support, tracking, and authority files (e.g.
password records, FOIA response tracking, decoding information for-values coded in the main bibliographic records, and the Advance Copy Database).
7ue data on the NUDOCS daily transaction tapes are batch-loaded by PDR personnel'at night into.the BRS using'a multi-module TRANSLATION program which perforns-error and consistency checks, prints error messages, loads-new records, changes old records, updates inversion files, and, at the end of each run, prints system statistics. :A special set of modules called the ANNOTATOR compares the words and phrases in the NUDOCS title field against a computer-stored dictionary and posts searchable key terms onto the BRS records when matches are found.
IRM-93-181.
Page 9
Section C
-C.
Current Hardware The PDR/DRS system resides on a Hewlett Packard' (HP)l000 Series A minicomputer, the latest series 1000 compatible with the Integrated Document Control System-(IDCS) package upon which BRS is based.
It All hardware is HP except modems and the statistical multiplexor used to access the NRC-ANS.
The HP hardware includes one Series 1000, model A900-computer with three million bytes of memory, two 571 Mbyte dicks, one 404 Mbyte disk, one 6250\\l600 BPI Magnetic' Tape drive, two line printers, one character printer, and-thirty-two communications access ports contained on four 8-line-multiplexors.
Ten ports support public dial-in access,.six terminals are provided in the Public Reading Room, and eight lines provide access to NRC staff via ANS.
The remaining-ports are used for printers, the console, training, and software maintenance terminals.
See Exhibit A for a system configuration.
All of the hardware is owned by the NRC.:
- d. Current Software The PDR/BRS system runs under the HP RTE-A operatingfsystem (currently version 5.2).
The original database management system (DBMS) is a proprietary product of the ACCESS Corporation called IDCS (Integrated Document Control, System.)
This proprietary software product w6s initially installed by Access Corporation in 1978-79.-
Since that time, the DBMS has been greatly enhanced by the addition of-special application software modules which were-developed specifically for and are therefore. owned by the NRC.'
The NRC has approval from ACCESS Corporation to use, maintain, and alter their proprietary DBMS.
A section on licensing restrictions placed-on the use of the DBMS and on any incumbent maintenance contractor is incorporatedLunder this contract.
As of 1992, the IDCS includes about 95,000 lines of Hewlett Packard Assembler (MACRO) code and 5,000 line of FORTRAN 77 code in 280 modules.
About 120 additional special BRS applications modules require 20,000 lines ~ of FORTRAN, while 30 assembler modules.use 10,000 lines.
Half of.the special-applications modules were written more than ten years' ago and have been upgraded as;necessary over the years.
The-others represent enhancements such as on-line Ordering'and Multi-Field-Sort which were integrated during recent years.
Knowledge of proprietary documentation and a license from ACCESS Corporation were require 0 of the current contractor in order to produce these enhancements.
IRM-93-181 Page10l
-Section C
- j I
i The DBMS software is a concordance driven system and utilizes Key Sequential Access Method (KSAM) structure. The system provides all necessary functions to maintain and control access to the bibliographic records.
Its attributes (List A) include:-
l List A Record retrieval by both unique and non-unique keys Inverted-file structure Comparisons of the value of any field of the record to a specified value Range and truncation searching Access and display of one or more records as a result of single or multiple Boolean search statements (AND, OR, and AND NOT)
Support of oporator-generated changes to any data or index fields Full backup and restore capabilities Dynamic allocation of disk space.
More detail on.he software's capabilities is given in t
Exhibit B, The BRS Operations Manual and Online Order Entry System, Reference Manual (Exhibit D).
The BRS Operations Manual (Exhibit B), the Public User's Manual (Exhibit C), the Online Order Entry-System! Reference Manual (Exhibit D), and Online Order Entry Systemt User's Beference Guide (Exhibit E) are the manuals used by the PDR staff, as they operate, use, and update the system-for the-PDR.
The Operations Manual reflects the types of operating functions performed by the PDR staff who are non-ADP specialist personnel.
In summary, the key operators on the PDR staff are 31brarians trained to peri'orm duties as shown on List B-below:
List B Load new records using the TRANSLATION and TLOD programs.
Altcr the logic statements within the TRANSLATION program as required to reflect changes in the' indexing rules of the NPDOCS.
Reboot and restart the system.
Create fields and file definitions.
Add.and change password records, controlling the level of access for system users.
Interrupt _and break normal processing-tasks.
"OFF" and "UP" LUS and EQTs.
Perform simple diagnosticsito provide feedback to the contractor when problems arise.
The Public User's Maqual (Exhibit C). and the Online Entr.y System; User's Reference Guide (Exhibit E) are provided here to give more rietailed information on the primary functions perforned by the BRS as it serves as an on-line
-catalog /index to the PDR's document collection._ In summary, using simple commands and Boolean connectors, the BRS creates hitlists of records which can then be (a) reviewed a
I
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1 l
115 93-181 l' age 11 Sect. ion C at the CRT, one record at a time, (b) sorted by various (c) printed at the terminal, (d) printed off-parameters, line at a system printer, and/or (c) made the basis for on-line order of doc.umm.' (s).
The' output device, format of the records, and the level of detail for each printout are under the control of the searcher.
f.
c.
Assumptions About the Future It is the NRC's desire to maintain the BRS as a state-of-the-art Information System.
c.2 statement of work For the services required hereunder, the contructor shall provide the necessary personnel, materials, equipment,-and facilities to maintain current software, including investigation and resolution of problems related to software failures and database damager provide system support functions; and prepare related documentation.
Bystem Maintenance and Support The coverage for system maintenance and system _sup' port shall be normal working hours, from 8:30 a.m. to 5:00 p.m., Monday through Friday, exclusive of Federal llolidays.
The Project Officer or the designee shall notify the contractor of any problem (s).
The contractor shall be required to investigate and resolve such problems.
System problems which disallow the search, retrieval, and online ordering functions and database updates, which are the most critical, must be addressed and, at a minimum, temporarily fixed or circumvented within 48 clock hours after notification.
Final resolution must occur within 30 calendar days after notification.
Final resolution of failures and bugs which do not disallow critical activities will depend on the severity of the problem, but must be addressed and fi w d within no more than 90 calendar days, unless a determination is made by the Project Officer that the level of effort necessary to address the problem is not cost beneficial.
The period for completing temporary fixes and final resolutions, respectively, commences when the Project Officer or designee notifies the contractor during normal working hours or at the.beginning of the next normal working day if the notification 30 made outside the. normal working hours.
the In providing synten maintenance / system support, contractor shall respond to issuco in the following categories explained in detail below.
I RM-93-181 -
Page 12 Section C a.
Software Failure b.
Database Analysis / Repair i
3 c.
System Support d.
HP Software Maintenance Support e.
Hardware Maintenance Support f.
Documentation Clarification g.
Ma'nagement Support The Government roserves the right to set the priorities of problems to be addressed if nultiple tasks conflict.
a.
Software Failuren A software failurf is defined as a design defect in a software product which may result in the creation of' i
one or more of the following conditions during the.
course of normal usage as described in-user documentation:
System will no longer accept operator commands.
All pragram execution ceases and cannot be reinstated.
I/O ceases for one or more peripherals and cannot:
be reinitiated without restarting.
The system or the database cannot be retrieved.
Repetitive operator intervention is required to maintain system function.
The system response time drops to 80% orLless of normal.
Performance of the product, as defined by-the documentation, cannot be achieved.
When the contractor encounters a software -failure, the contractor shall investigate it, verify it, and determine the cause and the extent of the design defect, once'the l
cause and the extent of the design defect have'been determined, the contractor shall, at a minimum, develcp
[
a temporary fix or r method.of programming-around the defect in order to allow continued operation.of-the l
system.
The contractor shallLthen. implement-the i
necessary permanent revisions to the software to L
correct the defect subsequent to conferring with the Project Officer.
r b.
Database Analysis /Renair database analy_sj s/renair includes investigation of possible database damage, repair of damage, analyses of probable source (hardware or software), and steps necessary to prevent recurrence of such damage.
Although procedures are in effect to save the entire-d r,
- base on a periodic schedale, certain types of a
database damage are not immediately detectable.
IRM-93-181 Page 13 Section C i
Typically, full restoration of the database from saved copies is not the best solution for even extensive database damage and full restoration has never been performed since system installation.
Rather, a combitaation of interactive repair and recovery of selected records from the saved copies provides the least overall loss.
Although programs are available to facilitate this process, they require extensive analysis of the database and frequently call for development of "one-shot" programs to be fully effective.
1 The contractor shall provide the necessary analysis to determine the scope of the damage and the approach to repair which will cause the minimum adverse impact on operations; repair the database on a less-than-full restoration basis; communicate to the NRC/PDR Project officer the alternatives and expected impact of various approaches to complete database repair; implement the Project officer's approved alternative; recommend to the Project Officer software and/or procedures to avoid future damage and/or minimize its impact on PDR/BRS operations; and implement the Project Officer's approved alternative.
c.
System Suonort System support is defined as routine technical support for the day-to-day operations of the PDR system, including:
Make recommendations to the NRC/PDR Project officer related to system growth and impacts on performance.
Make recommendations on implications of changes to the system being planned by the Project Officer.
Investigate problems within the database associated with damaged files due to hardware or
-p software failure or operator error; present findings and alternatives for correction to the Project Officer; and implement the approved alternative.
Periodically verify the database, ensuring that records and fields are present and correctly represented and space is being maximally utilized.
Run the program to check for structural integrity, particularly after accidents such as power failures and hardware and telecommunications problems.
Perform database compressions as required to assure maximum utilization of computer disk storage; e.g.,
remove loaded blank spaces; reduce
IRM-93-181 Page 14 Section CL space occupied by new records (skeletal-plus follow-up); repack (reduce density of) records expanded during a backfit (retrospective change).
-Answer technical questions in-response to external requirements, as needed; e.g., requirements made to the PDR_by the Office-of the Secretary in regard to planning and' budget or by the NRC Office
,4 of Information Resource Mcnagement-vis-a-vis technological implementations.
Provide technical advice as required to designated PDR staff members _to allow them.to perform the basio system functions listed under Section C.1.d, Page 10, List B.
d.
HP Software Maintenance Suonort The NRC has a Customer Support Service Agreement With-Hewlatt Packerd (HP) for maintenance of HP's Operating.
System software and firmware.
Under this agreement, HP
~
provides the NRC with new releases to its RTE operating system and " fixes" to problems with_their software /firmware..Because the PDR/BRS annlication all nroposed-grftware is dependent on the HP_ software, cnances.__ revisions and " fixes" to the HP coftware/firmware must be reviewed. approved and' installed by the BRS maintenance contractor.
The NRC/PDR Project Officer will provide these submissions from HP to the BRS maintenance contractor.
The contractor shall then evaluate the HP proposed software revisions to determine applicability, useability, and_ impacts on the BRS.
The contractor shall then report the results of this evaluation in writing to the Project Officer within 30 days from:
the date received. The report shall also list the advantages and disadvantages of the proposed revisions, and provide a recommendation and justification for acceptance or rejection of' the installation.
The Project 0fficer shall respond to this evaluation within one week when (s)he.will direct the contractor accordingly.
If the Project Officer determines that the HP revision are beneficial, the contract shall install the change as soon as possible, with a due.date-not to exceed thirty days from.the date of direction by the Project Officer.
E>;neAtion:
If the submission is a "fix" to resolve a problem /" bug which affects the BRS' system's search / retrieval / order and/or database update functions, the change shall be evaluated and installed within one week of the date on which Project Officer approval is received by the contractor.
l IRM-93-181 Page 15 Section'C
-l The Monthly Report shall be used as-the vehicle for written documentation of receipt and resolution of proposed HP changes.
If BRS_ application programs must be modified to accommodate these changes, such changes must be documented.
Ha'rdware Maintenance Sunnort c.
The contractor shall provide analysis of any reported problems to determine whether they are caused by hardware or software.
If hardware, the cont' 4 tor -
shall provide an adequate description of the. problem and suspected hardware failure to allow the NRC/PDR Project Officer accurately to describe the nature of the problem to the HP hardware maintenance contractor.
The contractor shall validate and examine the effects on software (including proprietary software) and the database of any repairs to or changes in the-hardware configuration of the BRS done by HP technicians. Thescontcactor-shall also support HP repairs and changes by running tests or diagnostics, including on proprietary software, to assure the acceptability of such alterations for the proper operation of the BRS.
f.
Documentation Clarification Documentation Clarification may be defined as the necessary addition of information to, or refinement of, existing documentation in order to clarify a particular A
aspect of a software product's performance.
documentation clarification may also be defined as a typographical error, a statement which is made that is clearly not-intended, or a statement which-is ambiguous or no longer valid.
In the case of documentation clarification, the contractor shall issue appropriate clarifications in the form of replacement pages/ sections in existing PDR manuals.
When work performed under C.I.a.
through C.1.e.
above causes changes to operations as described in the Operations Manual, Reference Manual, User's Manual, or User's Guide, the contractor shall provide replacement the pages and/or disks for those manuals reflecting changes within 30 days after the change (s).
g.
Management Suppo_r3 As requested, the contractor shall provide the following management support.
Turnaround time will be s
v
1101-93-181 Page 16 Section-C negotiated betwocn the PDR representative and the
~
contractor on'a case-by-case basis; in general-the contractor shall be expected to meet PDR requirements both for timely response to NRC executive management, for whom time frames may be very tight; and also for ma{ntaining a smoothly operating BRS.
(1)
Review of designated NRC automation programs in terms of BRS, especially proprietary software; e.g., telecommunications and IAN, in recognition of the close interconnections among computers, software, and telecommunications programs.
The NRC will provide technical documentation on such programs to the contractor.
The contractor shall then evaluate them to determine applicability, useability, and impacts on BRS.
The contractor shall report the results of the evaluation in writing.
The required turnaround time for receipt of the contractor's report is usually measurable in a few days.
(2)
Written recommended estimates for hardware, software, and database changes, which are usually required by SECY executive management in short time frames (dhys) and require expert knowledge of the PDR/BRS, and in particular, the propriet,.ry software.
C.3 Task Orders The Contractor shall provide the necessary personnel', materials, equipment, and facilities on a negotiated Task Order basis, substantially to enhance the PDR BRS system through major modifications to existing programs or developing new modules.
Task Order work may include tasks such as feasibility and cost benefit analyses, systems. analysis, functional / systems design, program development and testing, development of new system documentation, system testing-and evaluation.
Under this contract, the NRC shall-negotiate and issue Task Orders individually as requirements occur in accordance with the procedures set forth under Section G.
When the Task Order involves changes to BRS, the Contractor shall provide documentation, as described in C.1,f.
1
)
i l
IRM-93-181 Page 17 Section C~
{
The following are examples of areas in which, at the option of NRC, task orders may be issued:
The contractor shall provide modifications to BRS a.
software in response to external changes and database-growth.
L b.
The contractor shall coordinate changes in systems hardware / software and applications software (including proprietary software), in recognition of the close interconacctions among these ccmponents.
The contractor shall provide technical briefings on new c.
technology within guidelines given for content and written materials, in cases when the proprietary software of the BRS impacts the application of the technology.
d.
The contractor shall provide extensive training for new PDR staff and retraining / upgrading for establish staff.
The contractor shall provide the NRC/PDR Project officer with a written training plan for approval prior to undertaking training.
e.
Full Text:
The contractor shall modify the existing BRS to handle full text: receipt in the transaction tapes from ITUDOCS; search by the same means described for the current database plus use of uncontrolled vocabulary (any word in the record) and of proximity searching at the page level (specific words or combinations of words must occur on the same page) and at the current search processing time; and display and print at the current processing time for those functions.
The contractor shall modify BRS software (including proprietary software) as_ required.
f.
On-Line Tutorial: The contractor shall provide an on-line tutorial for BRS searching, modifying the existing ORS software and providing interactive programming that will allow first time users or novice searchers to perform predefined searches using a menu and command based system. The on-line tutorial will include the basic search commands as well as other search features, e.g.,
LOOK, DECODES, FNDKY, BRWS, and MARK.
The l
IRM-93-181 Page 18-Section C tutorial-program will be availabic at any-pointiin the
- l search process with prompt response time. An integration of the minicomputer and microcomputer platforms will be considered. Regular updates to the tutorial will be expected to incorporate new data j
1 tables and search features.
L g.
Menu Access:
The contractor shall provide menu access to the BRS system, modifying the existing BRS software and providing menu access for DRS searching.
The menu system will offer the novice and expert-(command) modo for interactive searching with the option of switching between modes at any time during the current search session and with prompt response time. The novice mode will_ offer each step of the BRS search process for docketed material or document types such as LERs-or-NUREGS.
Boolean operators will be included is well as such search features as LOOK, DECODES, FNDKY, BRWS and MARK with more to be added in the future. The menu access system will link to the on-line tutorial and the on-line order system for easy access.
An integration of minicomputer and microcomputer, platforms will be considered.
9 1
a w
.m
IRM-93-181 Section D Page 19 j
SECTION D'-
PACKAGING AND MARKING D.1 PACKAGING'AND MARKING (MAR 1987)
-The Contractor shall package material for shipment to the NRC in such p manner that will ensure acceptance by~ common carrier and safe delivery at destination.
Containers.and. closures shall-comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
[End of Clause]
2 t
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. =.. -
Page 20 IRM-93-181 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with }be same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
NUMBER TITLE DATE 52.246-6 INSPECTION - TIME-AND-MATERIAL JAN 1986 AND LABOR-HOUR
[End of Clause]
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
[End of Clause]
IRM-93-181 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) j This contract incorporates one or more clauses by reference, with the same force and offect as if they were given in full text.
Upon re' quest, the Contracting Of ficer will make their full text-available.
i NUMBER TITLE DATE 52.212-13 STOP-WORK ORDER AUG 1989
[EndofClause]
F.2 PREPARATION OF TECHNICAL REPORTS (JUN 1991)
All technical reports required by Section C and all Technical Progress Reports required by.Section F are to be prepared in accordance with the attached HRC Handbook 3.8.
NRC Handbook 3.8 is not appitcable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract.
(See Section J for List of Attachments).
[EndofClause]
F.3 OVERALL PERFORMANCE STANDARDS The Contractor shall maintain continuity of BRS performance; a.
i.e., the system shall function according to the standards in the documentation listed.under J.1 Exhibits, b.
The Contractor's work shall meet NRC/POR written statements of requirements, The Contractor shall meet the time requirements expressed in c.
'ection C, Statement of Work.
F.4 SOFTWA'dE DOCUMENTATION -
Software documentation shall be provided to the Project Officer for all revisions and enhancements and shall comply with FIPS/flRMR standards.
F. 5 RESP 0NSIBILITY FOR ERROR CORRECTION The Contractor.shall be responsible for correcting any errors he makes, at his own expense.
22 IRM-93-181 Section F t
r f.6 MONillLY REPORT The Contractor shall provide a monthly Financial Statement and Technical Progress report to the Project Officer and the Contract'
. They are due within 20 calendar days after the end of Administrator.
the report period and shall identify the title of the project..the l
contract number, project manager and/or principal investigator, the contract period of performance and the period covered by the report.
Separate monthly statements and reports shall be submitted for system maintehance and support and for each task order, Each financial statement shall include the following:
a.
Labor categories and correspondjng rates, hours used during the period, costs incurred during the period, cumulative costs to date including total costs incurred, amount withheld and net payment, b.
Each technical report shall include the following:
(Identify, for system maintenance and support, the applicable category of problem or task - C.1,a - g) '
1.
A listing of the efforts completed.during the period; milestones reached or, if'hiissed, an explanation provided;- and the labor categories and hours used for each line item; 2.
A summary' of progress to date in the case of ongoing efforts; and the labor categories and hours used for each line item 3.
Any problems or delays encountered ~or anticipated and recommendations for resolution; (if the recommended resolution involves a change in work requirements, level of effort (cost) or schedule delay, the Contractor shall sub.:it li separate letter to the Contracting Officer idsntifying the required change and estimated cost impact);
o 4.
Plans for the next report period; The monthly technical report is. the appropriate vehi,cle far the Contractor to present to the NRC/PDR Project Officer investigative firiings, recommendations, alternatives, etc. as required in the-t Section C, Statement of Work, when time frames.are not critical.
4
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,., : i, ;[
1.
.. ~,,.
i IRM-93-181 Page 23 Section F F.7 PLACE OF DEllVERY The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
a.
Project Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number:
Office of the Secre+.ary of the Commission Public Document Room, Mailstop
- Washington, DC 20555 b.
ContractingOfficer(1 copy)
U.S. Nuclear Regulatory Commission Contract Number:
ADM, DCPM, Contract Administration Branch No. 2 Mailstop P902 Washington, DC 20555
- To be incorporated into any resultant contract.
F.8 DURATION OF CONTRACT PERIOD The ordering period for this contract shall commence on and expire 12 months thereafter, during which time task orders may be placed under this contract.
Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein.
(See 52.216 Ordering).
- To be incorporated into any resultant contract.
4
- - _. =.. - -. -...
l Page 24 1RM-93-181-Section G
$ECTION G - CONTRACT ADMINISTRATION DATA i
G.1 PROJECT OFFICER AUTil0RITY (JUN 1988) l (a) The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
6 Name:
Address:
Telephone Number:
(b) Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer.
The term " Technical Direction" is defined to include the following:
(1) Technical direction to the Contractor which shifts work emphasis between areas o' work or tasks, fills in details or otherwise serves to accomplish t% contractual statement of work.
(2) Provide advice and guidance to the Contractor in-the preparation of drawings, specifications or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government-under the contract.
~
(c) Technical direction must be within the general statement of work stated in the contract.
The Project Of ficer does not have the authority to and may not issue any technical direction which:
(1)- Constitutes an assignment-of additional work outside-the-general scope of the contract.
(2) -Constitutes a change as defined in the " Changes" clause
~
of this contract.
(3)
In-any way causes _ an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the-time required for contract performance.
(4) Changes any of the expressed terms, conditions or
Page 25 1RM-93-181 Section G l
j specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions shall be issued in writing by the Project Of ficer or shall be confirmed by such person in writing within ten (10) working days after verbal issuance. A copy of said yritten direction shall be furnished to the Contracting Offichr.
(e) The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such persen's authority under the provisions of this clause.
(f)
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days af ter the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
(g) Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance and may even result in the Contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes.
(i) In addition to providing technical direction as defined above, the Project Officer is responsible for:
(1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirement:
(2) Assisting the Contractor in the resolu'. ion of technical problems encountered during performance.
(3) Reviewing all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
[End of Clause]
...,,.7-1 Page 26
,g' IRM-93-181 Section G
,G.2 ORDERING PROCEDURES (MAY 1991) a.
In addition to the contracting officer, contract administrator, and project officer, the following individuals are authorized to issue delivery orders under this contract
- b. IAll delivery orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by wrt_tten telecommunications.
[End of Clause)
G.3 REMITTANCEADDRESS(MAR 1987)
If item 150, of the Standard Form 33 has been checked, enter the remittance address below:
Name:
Address:
[End of Clause]
G.4 TASK ORDER PROCEDURES (MAR 1987) a.
Task Order Request for Proposal When a requirement within the scope of work for this contract is identified, the Contracting Officer will transmit to the Contractor a Task Order Request for Proposal which will include the following, as appropriate:
(1) Scope of Work / Meetings / Travel and Deliv'erables.
(2) Reperting Requirements.
(3 Period of Performance - Place of Performance.
(4 Applicable Special Provisions.
(5 Technical-Skills Required.
(6 Estimated-Level of Effort.
b.
Task Order Proposal By the date specified in the Task Order Request for Proposal, the Contractor shall deliver _to the Contracting Officer a written Task Order Proposal that provides the following technical and cost information, as appropriate:
(1) Technical-Proposal Content.
Page 27 1RM-93-181 Section G (A) A discussion of the scope of work requirements to substantiate the Contractor's understanding of the requirements of the lask Order and the Contractor's proposed method of approach to meet the objective of the order.
(B) Resumes for professional personnel proposed to be utilized in the performance of any resulting task order. Include educational background, specific pertinent work experience and a list pf any pertinent publications authored by the individual.
(C) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in completing work on the task order.
(D)
Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the Task Order.
(2) Cost Proposal.
The Contractor's cost proposal for each Task Order shall be prepared using the Standard Form 1411, Contract Pricing Proposal cover sheet.
A copy of the form and instructions are attached to this contract.
Each Task Order cost proposal shall be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the Contractor's estimated cost for the prooosed Task Order exceeds $100,000 and the period of performance exceeds six months, the Contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal.
The Task Order Request for Proposal will indicate if a CSP is required.
c.
Task Order Award The Contractor shall perform all work described in definitized Task Orders issued by the Contracting Officer. Definitized Task Orders will include the following:
(1) Statement of Work / Meetings / Travel and Deliverables.
(2) Reporting Requirements.
(3) Period of Performance.
(4) Key Personnel.
(5) Applicable Special Provisions.
(6) Total Task Order amount.
[End of Ciause]
4 G.5 ACCELERATED TASK ORDER PROCEDUREb (JUN 198J)
TheNRCmayrequiretheCdtractortocommenceworkbefore a.
receipt of a definitized Tast Urder from the Contracting Officer.
Accordingly, when the Contracting Officer verbally authorizes, the Contractor shall proceed with performance of the Task Order subject to the monetary limitation established for the Task Order
Page 28 IRM-93-181 Section G by the Contracting Officer, b.
When this accelerated procedure is employed by the NRC, the Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive Task Order and agrees to submit a cost proposal with supporting cost or pricing data.
If agreement on a definitized Task Order is not reached by the target date mutually agreed upon by the Contractor and Contracting Officer, the Contracting Officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR; subject to Contractor appeal as provided in 52.233 Disputes.
In any event, the Contractor shall proceed with completion of the Task Order, subject only to the monetary limitation established by the Contracting Officer and the terms and conditions of the basic contract.
G.6 - LABOR 610VR RATES The following labor hour categories and labor hour rt+u shall be applicable during the term of the contract:
CATEGORY HOURLY RATE Senior Systems Analyst General Systems Analyst Systems Programmer Senior Programmer Applications Programmer Data Base Administrator Documentation Specialist Data Processing Secretary
- To be incorporated into any resultant contract.
G.7 - INDIRECT RATES Pending the establishment of final indirect rates which shall be a.
negot5ated based on audit of actual costs, the Contract shall be reimbursed for allowable indirect costs as follows:
Category Rate (%)
Cost Base Applicable Period Overhead 3
Fringe Benefits G&A
\\
Other:
i
{
b.
The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor.
It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation gf Cost (( APR 1984) or 52.232 Limitation of funds (APR 1984) as applicable, if such change (s) affect (s) performance of work,fthin the established cos+ or funding limitations, s
c.
Paragraphs a. and b. above are applicable to the Cost Plus Flyed Fee Task Order portion of this contract only.
Page ;R9 1RM-93-181 Section H SECTION 11 - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (JUN 1988) a.
The following individuals are considered *s be essential to thesgccessfulperformanceoftheworkhereunder.
The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof, b.
If one or more of the key personnel, for whatever reason becomes, or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly-replace such personnel with personnel of at least substantially equel ability and qualifications.
c.
All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute and other information requested by the Contracting Officer to approve or disapprove the proposed' substitution.
The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing, d.
If the Contracting Officer determines that:
(1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or (2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract, the contract may be terminated by the Contracting Of ficer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
Page 30 1RM-03-181 Section H I
[End of Clause]
H.2 SAFETY, HEAL.lH, AND FIRE PROTECTION (MAR 1987)
The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Laboi.
In the event that the Contractor fails to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereaf ter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.
The Contractor shall make no claim for an 5
extension of time or for compensation or damages by reason of or in connection with'such work stoppage.
[End of Clause]
H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991)
The Contractor shall comply with the requirements of the attached NRC Handbook 3.8 and, if applicable, NRC Manual Chapter 3206 (See Section J for List of Attachments) regarding publications or dissemination to the public of any information, oral or written, concerning the work performed under this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
[End of Clause]
H.4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)
Except'as specifically authorized by this contract, or as otherwise approyed by the Contracting Of ficer, information and other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.
[End of Clause]
H.S DRAWINGS, DESIGNS, AND SPECIFICATIONS (JUN 1988)
All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, are subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities must be afforded the Commission by the Contractor and its subcontractors), are the property of the Government and may be used by the Government for
De Pag 2 31 IRM-93-181 Section.H ai,y purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and must, subject to the right of the Contractor to retain a copy of the material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officcr may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
The Contractor's right of retention and use is subject to the security, patent, and use of information provisions, if any, of this contract.
[End of Clause]
H.6 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (DEC 1991)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. -The restrictions described apply to performance or participation by the contractor as defined in Section I, " Scope of Policy," paragraph C, of document entitled "NRC Organizational Conflicts of Interest" (see Section J, List of Attachments).
(c) Work for others.
(1) Notwithstanding any other provision of.this contracti during the term of this contract tt.e contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall-ensure that all employees under this contract abide by the' provision of.
this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of 1
such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the:
subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC
'q
l Page 32 IRM-93-281 Section H licensee or applicant requires the contractor's support to explain i
or defend the contractor's prior work for the utility or other entity which NRC questions.
(3) When the cuntractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work at the site or
. work in the same technical area for that licensee or applicant organization for a period commencing with the award of the task i
order or beginning of work on %e site (if not a task order contrdet) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task l
order contract).
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not.have any organizational conflicts of l
interest as defined in Section II, " Definitions," paragraph F, of I
the document entitled "NRC Organizational Conflicts of Interest" (see Section J, List of Attachments).
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best-interest of the Government.
(3)
It is recognized that the scope of work of a task-order _ type contract necessarily encompasses a broad spectrum of activities. Ccnsequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants that comes within the scope of work of the underlying contract. Such disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity whenever possible, and must be received by the NRC at least 15 days before the proposed award date in any event.
The disclosure must include the statement of work and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity.
NRC may deny approval of the disclosed work only when the NRC has issued a -
task order which includes the tecFnical area and,.if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the tite, or when such work violates (c)(3), above.
(e) Access to and use of information.
(1)
If in the performance of this contract the contractor cbtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data
page 33 1gM-93-lCl section H protected by the privacy Act of 1974 (5 U.S.C. Section 552a (1988)) or the freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(1) U st, this information for any private purpose until the information has been released to the pubile; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the p'blic, whichever is first; u
(iii) Submit an unsolicited proposal to the Government based on the info *mation until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to ;.roprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)) or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on.
use of the information, (3)
Subject to patent and security provisions of this contrar.t, the contractor shall have,the right to'use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in Section II,
" Definitions," paragraph I, of the document entitled "NRC Organizational Conflicts of Interest" (see Section J List of Attachments), the contractor shall-include this clause, including 1
this paragraph, in subcontracts of any tier, lhe terms contract, contractor, and contracting office' must be appropriately modified to preserve the Government > s rights.
(g) Remedies.
For breach of any of the above restrictions, or for intentional. nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for def ault,' disquali fy the contractor f rom subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Walver.
A request for waiver under this clause must be directed in writing-to the contracting officer in accordance with the procedures outlined in Section Vil, "Walver," paragraph A, of m,
d,_
3
,5 r-
-y 4 m.=
page 34 IRM-93-181 Section H the document entitled "NRC Organizational Conflicts of Interest" (see Section J List of Attachments).
(1) Follow-on effort.
The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting, management support services work, or evaluation activities under thh contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor, under this contract, prepares-a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or
+
participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the. contracting officer, in which case the restrictions in this paragraph do not apply.
(2) NothinD fn this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
[EndofClause]
H.7 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (NOV 1989)
Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the U.S. Department of lz.bor Wage Determination Number which is attached (See Section J for List of Attachments).
[End of Clause].
H.8 SITE ACCESS BADGE REQUIREMENTS (JUN 1988)
During the life of this contract, the rights of ingress and egres:, for contractor personnel shall be made available as required.
In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government.
The project Of ficer will assist the Contractor. in obtaining the badges for the contractor personnel.
It is the sole responsibility of the Contractor to ensure that each employee has proper identification at all times.
All prescribed identification shall be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of
IRM-93-181 Section it-y any contractor personnel.
Contractor personnel must have this
-identification in their possession during on-site performance under this contract, it is the Contractor's duty to ensure the safeguarding of any Government. records or dets that contractor
{
personnel may come into contact with.
Adherence with special i
requirements for Foreign Nationals, in accordance with NRC Hanual Chapter 2101, Part VII.C, is the responsibility of-the Contractor.
j
'[EndofClause]
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1RM-93-181 Page 36 Section H H.9 GOVERNMENT FURNISHED PR0ptRTY/ MATERIALS - NONE PROVIDED The Government will not provide any property / materials, notwithstanding any provisions of the specification (s) to the contrary.
H.10 RIGHTS TO COMPUTER SOFTVARE The software to be maintained and supported as defined in the Scope of Work it, made up of:
1.
The proprietary Hewlett-Packard (HP) RTE-IVb Operating System 2.
The proprietary ACCESS Corporation Database Management System (DBMS) entitled 10C5 (Integrated Document Control System) 3.
The NRC-owned special appilcation software modules developed prior to October 1, 1987, 4.
The NRC-owned special application software modules developed during the period October 1, 1987 through December 31, 1992 5.
Any software developed or generated under this contract.
For software identified in items 1 and 2 above, the contractor shall abide by any and all restrictions to protect the proprietary nature of the HP and ACCESS software.
For NRC-owned software identified in items 3 and 4 above, the Government, for itself and such others as it deems appropriate, has unlimited rights.
The Government, for itself and such others as it deems appropriate, will have unlimited rignts in computer software specifically developed or generated (i.e., designed and developed) under this contract, provided such software is identified as a separate line item and unlimited rights are specified.
Unlimited rights under this contract are rights to use, duplicate, or disclose software data, in whole or in part, in any manner and for any purpose whatsoever, For software not specifically developed or generated under this contract, the Contractor may restrict the Government's rights therein.
The fact that the total complement of software involved may incorporate some elements of software to which the Government has unlimited rights shall not affect the Contractor's authority to impose restrictions on the Government's rights.
As a minimum, however, the Government will have the right to :
(1) Have unlimited use of such software on computer system (s) for which or with which it is acquired.
IRM-93-181 Page 37 Section H (2) Use such software with a backup systen if the system for which or with which it was acquired is inoperative because of a malfunction, an emergency, change (s) in engineering performance, or change (s) in computer features or models.
(3) Use such software with the computer at any Government installation to which the computer may be transferred by the Government.
(4) Cbpy computer sof tware for safekeeping (Archives) or backup purposes.
(5) Modify such software or combine it with other programs or materials. All modifications by the Government will be created as stated in (a) above. However, any such modification shall not change or limit the Contractor's rights with respect to such software in its original, modified or combined form.
If software defects results from program portions which have been added or modified by the Government, then the Government, not the vendor, is responsible for any_ resulting adverse effects.
However, if the vendor provided portions are defective, then the vendor is responsible for providing the software support and/or operating software malfunction credits as specified elsewhere in the contract.
(6) Retain unlimited rights to the part that it owns.
Nothing contained herein shall be construed to restrict or limit any right which the Government possesses or may acquire from other sources in the above software or software data or its use.
Page 30 IRM-93-181 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES 1.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
Thip contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.202-1 DEFINI110NS SEP 1991 52.203-1 0FFICIALS NOT TO BENEFIT APR 1984 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1985 SALES TO THE 00VERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.209-6 PROTECTING THE GOVERNMENT'S JUN 1991 INTEREST WHEN SUBCONTRACTINO WIfH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 EXAMINATION OF RECORDS BY APR 1984 COMPTROLLER GENERAL 52.215-2 AUDIT - NEGOTIATION DEC 1989 52.215-22 PRICE REDUCTION FOR DEFECTIVE JAN 1991 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR DEC 1991 PRICING DATA 52.215-27 TERMINATION OF DEFINED BENEFIT SEP 1989 PENSION PLANS 52.215-33 ORDER OF' PRECEDENCE JAN 1986 52.215-39 REVERSION OR ADJUSTMENT OF PLANS JUL 1991 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.219-8 UTILIZATION OF SMALL BUSINESS FEB 1990 CONCERNS AND SMALL DISA0VANTAGED BUSINES$ CONCERNS 52,219-13 UTILIZA110N OF WOMEN-0WNED AUG 1986 SMALL BUSINESSES 52.220-3 UTILIZATION OF LABOR SURPLUS APR 1984 4
AREA CONCERNS 52.222-3 CONVICT LABOR APR 1984.
52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984
IRM-93-181 Section I i
DISAOLED AND VIE 1 NAM ERA VE7ERANS
$2.222-?6 AFFIRHATIVE ACTION FOR APR 1984 llANDICAPPED WODKERS 52.222-37 LMPLOYMENT REPORTS ON SPECIAL JAN 1988 l
DISADLED VETERANS AND VETERANS 0F THE VIETNAM ERA 52.222-41 SERVICE CONTRACT ACT OF 1965, MAY 1989 AS AMENDED 52.2E3-2 CLEAN AIR AND WATER APR 1984 52.22?-6 DRUG-FREE WORKPLACE JUL 1990 52.224-1 PRIVACY ACT NOTIFICATION APR 1984 52.224-2 PRIVACY ACT APR 1984 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCllASES 52.227-1 AUTHORIZATION AND CONSENT APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING APR 1984 PATENT AND COPYRIGHT INFRINGEMENT 52.23D-3 COST ACCOUNTING STANDARDS SEP 1987 52.230-4 ADMINISTRATION OF COST ACCOUNTING SEP 1987 i
STANDARDS 52.230-5 DISCLOSURE AND CONSISTENCY OF COST SEP 1987 ACCOUNTlHG PRACTICES 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS
-APR 1984 AND LABOR-1100R CONTRACTS Alternate 11 (JAN 1986)~
52.232-9 LIMITATION ON WITill10LDING 0F APR 1984 PAYMENTS 52.232-17 INTEREST JAN 1991 52.232-23 ASSIGNMENT- 0F CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT APR 1989 52.232-28 ELFCTRONIC FUNDS TRANSFER APR 1989 PAiMENT METHODS 52.233-1 DISPUTES DEC 1991 52.233-3 PROTEST AFTER AWARD AUG 1989 52.237-2 PROTECTION OF GOVERNMENT-APR 1984 BUILDINGS, EQUIPMENT, i
AND VEGETATION 52.242-13 BANKRUFlCY APR 1991 l
52.243-3 CilANGES - TIME-AND-MATERIALS OR LABOR-il0URS AUG 1987 52.244-3 SUBCONTRACTS (TIME-AND-MATERIALS APR 1935 AND LABOR-il0UR CONTRACTS) l 52.245-4 GOVERNMENT-FURNIsilED PROPER 1Y APR 1984 l
(Sil0RT FORM) 52.246-25 LIMITATION OF LIABILITY - SERVICES APR 1984 l
32.249-6 1ERMINAT10N (COSI-REIMBURSEMEN1)
MAY 1986 L
Alternate'lV (APR 1984) j 52,249-14 EXCUSABLE DELAYS APR 1984 l
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i IRM-93-181 Page 40 Section 1 52.216-7 ALLOWABLE COST At4D PAYMElli (JUL 1991) 52.216-8 FIXED FEE (APR 1984) 52.217-1 LIMilA110N OF PRICE AND CONTRACTOR OGLIGATIONS (APR 1984) 52.222-1 NOT1rE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1934) 52.227-11 PATEN 7 RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM)
(JUNE 1989) 52.L29-4 FF0ERAL, STATE, AND 1.0 CAL TAXES (NONCOMPETITIVE CONTRACT)
(ACR 19C4) 52.200-2 COAL ACCOUNTING STANDARDS (AUG 1992) 52.230-3 DI'eCLOSURE AND CONSISTENCY OF COST Ar".00NTING PRACTICES (AUG 1992) 52.230-4 CONSISTENCi IN COST ACCOUNTING STANDARDS (AUG 1992) 52.230-5 ADMINISTRATION OF COST ACCOUNTING STANDARDS (AUG 1992) 52.232-1 PAYMENTS (APR 1984) 52.232-11 EX1 RAS (APR 1984) 52.232-20 LIMITATION OF COST (APR 1984) 92 232-23 LIMITATION OF FUNDS 52.237-3 CONTINUITY OF SERVICES (JAN 1991) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) 52.242-2 PRODUCTION PROGRESS REPORTS (APR 1991) 52.243-2 CHANGES--COST REIMBURSEMENT (APR 1984)--ALTERNATE I (AUG 1987) 52.244-2 SUBCONTRACTS (C0ST REIMBURSEMENT AND LETTER CONTRAC15)
(JUL 1985) 52.244-5 COMPETITION IN SUBCONTRACTING (APR 1984) 52.245-5 GOVERNMENT PROPERTY (C0ST REIMBURSEMENT, TIME-At10-MATERI AL, OR LABOR HOUR CONTRACTS) (JAN 1986) 52.249-4 TERMINATION FOR CONVENIENCE OF 1HE GOVERNMEt1T (SERVICES)
(>HORT FORM) (APR 1984) 52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984)
End of Clause h
l
page 41 1RM-93-161 Sectioi !
i 1.2 52.203-9 RfQUIREMENT f0R CERilflCAll Of pROCUREMLN1 IN1EGR11Y--MODirlCA110N (NOV 1990)
(a) Definitions.
The definitions' set forth in FAR 3.104-4 are hereby incorporated in this clause.
(b) 1ho Contractor agrees that it will execute the certification set forth in paragraph (c) of?this clause when requested by the Contracting Officer in connection with the execugionofanymodificationofthiscontract.
(c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification:
CERilFICA1C OF PROCUREMENT INTEGRITY--
MODIFICATION (NOV 1990)
(1) 1 [Name of certifier] _
, am the officer or employee responsible for the preparation of this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d),
or (f) of the Office of Federal Procurement Policy Act, as amended * (41 U.S.C. 423), (hereinaf ter referred to as "the Act"),
as implemented in the FAR, occurring during'the conduct of this procurement (contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that to the best-of my kruwledge and belief, each of(icer, employee, agent, representative, and consultant of [Name of Offeror),
who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of-subsection 27(a) of the Act, as implemented in the FAR, and will report'immediately to me any information concerning a violation or possiblo violation'of subsections 27(a), (b), (d), or (f) of.the Act, as implemented in the FAR, pertaining-to this procurement.
(3) Violations or possible_ violations:
(Continuo on plain hond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation Sheet), ENIER "NONE" IF NONE EXISTS)
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[ Signature of tiie of ficer or employee responsible for the
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modification proposal and date]
Page 42 1,TM-93-181 Section I
[ Typed name of the officer or employee responsible for the modification proposal]
- Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTFR WITHIN 1HE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATICN MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of Certification)
(d) In making the certification in paragraph (2) of the certificate, the officer or employee cf the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual rejuired to submit a certification to the competing Contractor, supplemented by periodic training.
These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the contractor.
If a contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1,1989),
the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated.
These certifications shall be maintained by the Contractor for a priod of 6 years from the date a certifying employee's employrrent with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modif! cation.
[End of Clause]
I3 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990)
(a) The Government, at its election, may reduce the price of a fixed price type contract or contract modification and the total cost and fee under a cost-type contcact or contract modification by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or his or her designee deternines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the FAR.
In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modification at the time of execution, except as provided in
Page 43 1RM-93-181 Section I subparagraph (b)(S) of this clause.
(b) 1he price or fee reduction referred to in paragraph (a) of this clause shall be--
(1)
For cost plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee-specified in the contract at the time of award, notwithstanding any m< nimum fee or " fee floor" specified in the contract; (3) For cost plus-award-fee contracts--
(1) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation ported or at each award fee determination point.
(4) For fixed price-incentive contracts, the Government may--
(1) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii)
If an immediate adjustment to the contract target l
price and contract target profit would have a significant adverse impact on the incentive price revision mlationship under the I
contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final-price of the contract.
The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount l
equal to'the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.
(5) For firm-fixed price contracts or contract modifications, by 10 percent of the initial contract price; 10 percent of the _
contract modification price; or a profit amount determined by the Contracting Of ficer from records or documents in existence prior-to the date of the contract award or modification, (c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its L
subcontractors by an amount not to exceed the amount of profit'or fee reflected in the subcontract at the time the subcontract was first definitively priced.
(d). In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for 1
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page 44 j
IRM-93-181 Section I default.
1he rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights ar.d remedies provided by law or under this contract.
[EndofClause]
I.4 52.216-18 ORDERING (APR1984)
(a) Any supplies and services to be furnished under this contrpct shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule.
Such orders may be issued from the etfective date of the contract through 12 months.
(b) All delivery orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order and this contract, the contract shall contr9l.
(c) If mailed, a delivery order is considered "tssued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule.
[End of Clause]
I.b 52.216-19 DELIVERY-ORDER LIMITATIONS (APR 1984)
(a) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than N/A the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) MAXIMUM ORDER.
The Contractor is not obligated to honor--
(1) Any order for a single item in excess of N/A ;
(2) Any order for a combination of items in excess of N/A';
(3) A series of orders from the same ordering o,ffice within days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part'of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to *.e ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) 4
+
Page 45 IRM-93-181 Section I called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
[EndofClause]
1.6 52.216-21 REQUIREMENTS (APR 1984) ALTERNATE I (APR 1984)-
(a),This is a requirements contract for the tupplies or-services specified, and effective for the period stated, in the Schedule, The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.
Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Oelivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this_ contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering-clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.
Except as_this contract otherwise provides, the Government shall order from the Contractor _ all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its_own capabilities.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit'on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may.be specified under'this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from-another source.
(f) Any order issued during the ef fective period of this contract and not completed within_that period shall be completed by the-Contractor within the time specified in the order.
The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if-the order were completed.during the contract's effective period; provided, that the Contractor shall not be required to male any_
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Page 46 IRM-93-181 Section I i
deliveries under this contract af ter.
[End of Clause]
I.7 52.222-18 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (MAY 1992)
(a) During the term of this contract, the Contractor agrees to post a notice, of such size and in such form as the Secretary of Labor may prescribe, in conspicuous places in and about its plants andoffices,includingallplaceswherenoticestoemployeesare customarily posted. The notice shall include the following information (except that the last sentence.shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)):
Notice to Employees Under Federal law, employees cannot be required to join.a union or maintain membership in a union in order to retain their jobs.-
Under certain conditions, the law permits a union and an employer-to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.
However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future paymento For further information concerning your rights, you may wish to
~
contact either a Regional Office of the National Labor Relations Board or! National Labor Relations Board, Division'of Information, 1717 Pennsylvania Avenue, N.W., Washington, DC 20570.
(b) The Contractor will comply with all provisions of Executive Order 12800 of April 13, 1992, and related rules, r'egulations, and orders of the Secretary of labor.
(c) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (a) or (b) of this clause, this contract may be cancelled, terminated, or suspended in whole-or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuaat to Executive Order 12800 of April 13, 1992.
Such other sanctions or remedies may be imposed as are provided in Executive Order 12800 of April 13, 1992, or by:
rule, regulation, or order of the Secretary of Labor, or as are otherwise provided b3 law.
(d) lhe Contractor will include the provisions of paragraphs (a)
Page 47 IRM-93-181 Section I through (c) in every subcontract or purchase order (-ntered into in connection with this contract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 12800 of April 13, 1992, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any such subcontract or purchase order as may Le directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance; provided, however, that if the Contractor becomes involved in litigation with a subco'ntractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
[End of Clause]
1.8 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY:
IT IS NOT A WAGE DETERMINATION.
Monetary Employee class Wage-Fringe Benefits Senior Systems Analyst
$27.66 General Systems Analyst
$21.52 Systems Programmer
$13.86 Senior Programmer
$17.95 Applications Programmer
$15.56 Database Administrator
$12.86 Documentation Specialist
$9.27 Data Processing Secretary
$8.21
[End of Clause]
j IRM-93-181 Page~48 Sect 1on I i
t
~1.9 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH i
CONTRAC10RS DEDARRED, SUSPENDED, OR. PROPOSED FOR DEBARMENT (NOV1992)-
f (a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract-in excess of the small purchase limitation at FAR 13.000 with a Contractor that is debarred, suspended, or-proposed for debarment.unless there is a compelling reason to do so.
f (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed the small purchase limitation at FAR 13.000, to disclose to the Contractor, in writing, whether as of the time of award of the-l subcontract, the subcontractor,.or its principals, is or is not debarred.
suspended, or proposed for debarment by the Federal-Government.-
1 (c) A corporate officer or a designee of the Contractor.shall. notify the' s
Contracting Officer, in writing, before entering into a subcontract with a
-party that is debarred, suspended,'or proposed for debarment (see FAR 9.'404.
for information on the List of Parties Excluded from_ Procurement Programs).
P The notice must include the following:
(1)-Thenameofthesubcontracter.
(2) The Contractor's knowledge of the reasons for the subcontra'ctor_being on..
the List of Parties Excluded from Procurement Programs.
(3) The compelling reason (s)-for doing business with'the subcontractor notwithstanding its inclusion on the List of Parties. Excluded From Procurement Programs.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the. party's debarment, suspension, or proposed debarment.
(End of clause)-
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IRM-93-181 Page 49 Section I 1.10" 52.232-25 PROMPT PAYMENT (SEP 1992))
Notwithstanoing any other payment clause in this contract, the Government will make invc: a payments and contract financing payments under the. terms and conditions specified in this clause.
Payinent shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified. The term " foreign vendor" means an incorporated concern not incorporated 4n the United States, or an unincorporated concern having its principal place of business outside the United States.
(a) Invoice Payments.
(1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under-a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.
(2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
(1) The 30th day after the designated billing office has received a proper invoice from the Contractor.
(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor.-On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(3) The due date on contracts for meat, meat food products, or 1:sh; contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
182(3)) and further defined in Pub. L.98-181 to include any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product delivery.
(ii) The due date for fresh or frozen fish, as defined in section 204(3) of the Fish aic Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)),
will be as close as possible to, but not later than, the seventh day after product delivery.
(iii) The due date for perishable agricultural commodities, as
d
1RM-93-181 page 50 Section 1
- defined in section 1(4)'of the Perishable Agricultural Commodities Act of 1930.(7 U.S.C. 499a(44)), will.be as close as possible to, but not-later than, the 10th day af ter product delivery, unless another date is.specified in the contract.
(iv) The due date for dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4502(e)), edible fats or oils, and food products prepared from edible fats or oils, will be as close as possible to, but not-later than, the 10th day after the date on which a proper invoice has been recaived.
b (v) If the contract does not require submission of.an'ir. voice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the designated billing office specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(1) through (a)(4)(viii) of this clause. If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 7 days after receipt of the invoice-at the designated billing office (3 days for. meat, meat food products or fish, and 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils).
Untimely notification will be taken into account = in the computation of any interest penalty owed the Contractor in-the manner described in subparagraph (a)(6) of this clause.
(1) Name and address of the Contractor.
~
(ii) Invoice Jate.
(iii) Contract number or.other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or. services performed.
(v) Shipping and paymerc terms (e.g., shipment number and 'date of shipment, prompt payment discount terms). Bill of lading number and weigtit of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper noticeofassignment).
(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii) Any other information or documentation required by other requirements of the contract (such as. evidence of shipment).
(5) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due-date and the conditions listed in subdivisions (a)(5)(1) through (a)(5)(iii) of this clause are met, if applicable. An interest penalty shall not be paid on contracts awarded to foreign vendors outside the United States for work performed outside the United States.
(f) A proper invoice was received by the designated billing office.
- =
IRM-93-181 Page 51 Section I (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(6) The interest penalty shall be at the rate established by the Secretary of,the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day af ter the due date, except where the interest penalty is prescribed by other governmental authority. This rate is referred to as the
" Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1.
The interest panalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period.
Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the -designated payment office for errors in calculating interest penalties, if requested by the Contractor.
(1) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless other-wise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision. In the event that actual acceptence occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance.
The constructive acceptance requirement does not, however,' compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 dcys (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue af ter the
IRM-93-101 page 52
-Section l' filing of a claim for such penalties under the clause at 52.233-1,
. Disputes, or.for more than 1 year. Interest penalties of less than $1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract' compliance or.on amounts temporarily withheld or retained in accordance.with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.
(8) If this contract was awarded on or after October 1, 1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the Contractor--
(i) Is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay.such a penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Cons'truction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts, and interim payments on cost type contracts.
(2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th day) day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
-(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
IRM-93-181 Page 53 Section I-l (4) Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(End of clause) 1:
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l
Page.54 IRM-93-181 Section-J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title L
1 a & 1b Billing Instructions 2
NRC Contractor Organizational Conflicts of Interest 3
NRC Handbook 3.8 4
Standard Form 1411 with Instructions 5
Contractor Spending Plan (CSP)
Instructions 6
Wage Determination.
Exhibits-A System Configuration B. Available at PDR BRS Operation Manual C. Available at PDR Public User's Manual D. Available at PDR Online Order Entry System;. Reference. Manual' E. Available 'at PDR Online 0rder Entry System; User's Reference Guide l
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PDR/BRS EXHIBIT A-HP1000 MINICOMPUTER SYSTEMi HEWLETT PACVARD -
1000 - A900 System
- 2139A-Control-
_3 Mbyte Memory
- 26218
- 12221 A 571 MB Disk-
- 5937H hannel
~
HP-IB 3 Unes-Staff / -
Multiplexor Maint.'
- 12009A 571 MB Disk
- 12040D
- 5937H B-Channel
_ _ _.HP-IB _
Multiplexor
=
- 120400 404 MB Disk
- 5933H
- 12009A 8-Channel Multiplexor
- 12040D 6250 BPI
- HP-IB 84hannel.
Magnetic Tape
- 12009A Multiplexor
- 7978B
- 120400 ANS - 8 Unes Une Printer I
- 2608S
-.Tellabs Une Printer Multiplexor
- 2464B l
NRC-ANS Public Document Room - 7 lines l
llIIII Character Public
. Training Room Printer-Terminals (6) 2 lines f
- 2611A
. Trairting Terminals (2)
Public Dial-in - 10 lines I
1200/2400 bps (10)
Section J IRM-93-181 Page 55 J.2 FIPS-PUBS AND FED-STDS CHECKLIST (APR 1992)-
Standard Standard Standard Appites Does Not Applies, Apply But Waived Standards Titles
. '. 'X.,
~
FIPS PUB 1-2, Code for Information Interchange, Its Representations, Subsets, and Extensions r,
FIPS PUB 2-1, Perforated Tape Code
.. X.,
for Information-Interchange FIPS PUB 3-1, Recorded Magnetic Tape
..X..
Information Interchange (800 CPI, HRZI)__
.. X..
FIPS PUB 4-1, Calendar Date
..X..
FIPS PUB 5-2, Codes for the Identification of the States, District of Columbia, and the Outlying Areas of the United States, and Associated Areas-
..X..
FIPS PUB 6-4, Counties and County Equivalents of the States of the United States and District of Columb1a
. -. X..
FIPS PUB 8-5, Metropolitan Statistical Areas
..X..
FIPS PUB 9-1,: Congressional Districts-of the United States
..X..
FIPS PUB 10-3, Countries, Dependencies and areas of Special Sovereignty-
..X.,
FIPS PUB 13, Rectangular Holes in Twelve-row Punched Cards FIPS PUB 14-1, Hollerith Punched
..X..
Card Code FIPS PUB 16-1, Bit Sequencing of'the
..X..
Code for Information Interchange in Serial-by-Bit Data Transmission FIPS PUB.17-1, Character Structure
.x..
.and Character Parity Sense for-Serial-by-Bit Data Communication in the Code for'Information Interchange FIPS PUB 21-3, COBOL
. x..
.. X...
FIPS PUB-22-1, Synchronous Signaling Rates Between Data Terminal and Data Communication Equipment
Section J Page 56 IRM-93-181-Standard Standard Standard AppU es
-Does Not Applies, Apply But Waived Standards Titles
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Page 62-IRM-93-181 Section K PART IV - REPRESENTATIONS AND. INSTRUCTIONS' SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS K.1 52.203-4 CONTINGENT FEE REPRESENTATION-AND AGREEMENT (APR 1984)
(a) Representation.
The offeror represents that except for full-kime bona fide employees working solely.for the offeror, the offeror--
[ Note: The offeror must check the appropriate boxes.
For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.]
(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and-(2) [ ] has, [-] has not paid or agreed to pay to any person-or company employed or retained to solicit or obtain this contract-any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) Agreement.
The offeror agrees to provide information relating to the above Representation _as requested by the Contracting Officer and, when subparagraph.-(a)(1) or (a)(2) is answered affirmatively, to promptly submit to-the Contracting Officer--
(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF ~.119); or (2) A signed statement indicating 'that' the 'SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and 1
representing that the prior SF 119 applies to this offer or quotation.
[End of Provision]
K.2 52.203-8-REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY.(NOV,-1990)~ ALTERNATE I'(SEP 1990)
(a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision.
(b) Certifications.
As required in paragraph'(c) of this provision,.tbe of ficer or employee responsible for this offer shall execute the following certification:
. CERTIFICATE OF PROCUREMENT INTEGRITY
Page 63 l
IRM-93-181 Section K l
(1)
I, [Name of certifier]
, am the officer or employee responsible for the preparation of'this offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Policy Act, as amended * (41 U.S.C.
423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (solicitation number).
4 (2) As required by subsection 27(e)(1)(B) of the Act, I f urther certify that, to the best of my knowledge and belief, each officer, employee, agent, representative,andconsultantof[Name ofOfferor]
who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations:
(Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet), ENTER NONE IF NONE EXIST)
(4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27(e)(1)(B) of the Act shall be maintained in accordance with paragrapn (f) of this provision.
[ Signature of the officer or employee responsible for the offeranddate]
[ Typed name of the officer or employee responsible for the offer]
- Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is ef fective on June 1,1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
1
Page. 64i IRM-93-181 Section-K (End of certification)
(c) For procurements, including contract modifications, in excess of $100,000 made using procedures other than sealed bidding, the signed certifications shall be submitted by.the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when _ requesting the certificates except as provided in subparagraphs (c)(1) through-(c)(5,) of this clause.
In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification:
(1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall-be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and prior to the definitization of the letter contract or the. establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to-the period between award of the letter contract and execution of the document definitiziry the letter contract, or award of the unpriced contract or unpriced-contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification, (2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order,-
whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of 'an unpriced _.
order. The second certificate to be submitted for unpriced orders shall apply only to the period between award of the unpriced order and execution of the document establishing the definitive price for such order.
(3) A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000.
(4) For contracts and contract modifications which include options, a certificate is required when the, aggregate value of the contract or contract modification and all options (see 3.104-4(e))
exceeds $100,000.
(5) For purposes of contracts entered inte under'section 8(a) of the SBA', the business entity with whom-the SOA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27(e).
The SBA shall obtain the signed certificate from tha business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA.
.Page165 IRM-93-181
.Section K (6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the offer to.be rejected.
(d) Pursuant to FAR 3.104-9(d), the Offeror may be requested to execute additional certifications at the request of the Government. Failure-of an Offeror-to submit the additional certifications shall cause its offer to be rejected.
(e) A certification containing a disclosure of a violation or possible-violation will not necessarily result in the withholding of award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interests of the Government, such as disqualification of the Offeror.
(f) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing contractor responsible for-the offer may rely upon a one-tine certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training.
These certificar. ions shall be obtained at the earliest possible date after an individual required to certify begins-employment or association with the contractor.
If a contractor decidesito rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor.shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for 6 years from-the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor.
(g) Certifications under paragraphs (b)- and (d) of this provision are material representations of fact upon which reliance will be placed in awarding a contract.
[End of Provision]
K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.
(b): The of feror, by signing its of fer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--
(1) No Federal appropriated-funds have been paid or will be paid to any person for influer,cing or attempting to influence an i-officer or employee of any agency, a Member of Congress, an of ficer.or employee of Congress, or an -employee of a Member of
Page 66 IRM-93-181-Section K.
Congress on his or her behalf in connection with the awarding of-any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative.
agreement,-and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, _ nr cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or~will be paid, to any person for influ6ncing or attempting to influence an officer or employee of any agency, a Member of_ Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer, and-(3) He or she will include the language of this certificat,on in. all subcontract awards at any tier and require that' all-recipients of. subcontract ar. ds in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure-is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure' prohibited under this provision or who fails to file or amend this disclosure form to be filed.or amended by this.
provision ~, shall be subject to a civil penalty of-not less than-
$10,000, and not more than $100,000, for each such failure.
[EndofProvision]
K.4 52.204-3 TAXPAYER IDENTIFICATION (SEP 1989)
(a) Definitions.
" Common parent" as used in this solicitation provision, meant that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tt< returns on a consolidated basis, and of which the offeror is a member.
" Corporate status" as used in this solicitation provision,.means a desipation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership),
or a corporation providing medical and health care services.
" Taxpayer Identification Number (TIN) as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.
~
(b) The offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in-order to comply with reporting requirements of 26 U.S.C. 6041, t.
6041A, and 6050M and implementing regulations issued by the Interna 1' Revenue Service (IRS).
If the resulting contract is
Page 67 IRM-93-181-Section X subject to reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish toe information may result in a 20 percent reduction of paymene' otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
TIN:
' ]' TIN has been applied for.
TIN is not required because:
[ ] Offnror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S.
and does not have an office or place of business or a fiscal paying gent in the U.S.;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of a Federal, state or local government;
[ ] Other. State basis.
(d) Corporate-Status.
[ ] Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; j
[ ] Other corporate entity;
[ ] Not a corporate entity;
~
[ ] Sole proprietorship
[ ] Partnership
{ ] Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.
[ ] Name and TIN of common parent:
Name TIN
[End of Provision]
K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)
(a)(1)
The Offeror certifies, to the best of its knowledge
Page 68 '
IRM-93-181 Section K and belief, that--
(1) -The offeror and/or any of its Principals--
(A) Are (
) are not (.
) presently debarred, suspended, proposed for debarment, or declared ineligible for the award.of contracts by any Federal agency; (B) Have (
) have not (
-), within a 3 year judgm,d preceding this offer, been convicted of or had a civil perio ent rendered against them for:
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving t6 nroperty; and (C) Are (
) are not (
) presently indicted-for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the-offenses enumerated in subdivision (A)(1)(1)(B) of this provision.
(ii) The Offeror has-(
) has not (
), within a 3-year period preceding this offer, had one-or mora contracts terminated for default by any Federal agency.
(2) " Principals," for the purposes of this certification, means officers; directors; owners, partners; and,_ persons having primary management or supervisory responsibilities within at business entity (e.g., general manager; _ plant manager; head of 'a subsidiary, division or business' segment,'and similar-positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION.MAY RENDER 1THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide _immediate written notice to the -
Contracting Officer if,'at any time prior to contract award,_the Offeror learns that its certification was erroneous when submitted or has become erroneous by reasons-of. changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists wil.1 not necessarily result-in withholding of an award under this solicitation.
However, the certification will be considered ~in connection with a determination of the-Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,
Page 6:sr
- IRM-93-181' Section K' in good 'fa'ith; the certification required by paragraph _ (a) of this provision.
The knowledge and-information of. an Of feror,is_ not' required to exceed-that which is normally possessed by a prudent person in the ordinary course of business dealings..
(e)_ The certification in paragraph (a) of this provision is:a-material representation of fact upon which reliance' wast placed-when making award.
_If. it is later determined that the Offeror,
. knowingly rendered an' erroneous certification, irr addition to other remedies'available to the Government, the Contracting Of fic,er may terminate the contract resulting from this solicitation for default.
[End of Provision]
K.6 52.215-6 TYPE CF BUSINESS ORGANIZATION (JUL 1987)
The offeror or quoter, by checking the applicable box, represents that--
(a)
It operates as [ ] a corporation incorporated.under;the laws of the State of
, [ ] an individual,-[.].ar partnership, [ ]'a nonprofit organization, or [- ] a joint venture;.
or (b)- If the offeror or quoter is a foreign entity, it operates as ['] an individual, [-] a partnership,-[ ] a_ nonprofit-organization, [ ] a joint venture, or [- ] a corporation, registered for business in (country).
-[End of Provision]
K.7 52.215-11 AUTHORIZEDNEGOTIATORS~(APR'1984)
The. offeror or quoter represents that the following persons are authorized to. negotiate on its behalf with the Government-in connection with this request for proposals or quotations:'[ list names, titles,-and telephone numbers of the,authorizedJ negotiators]-
[End of Provision]
Page170 IRM-93-181 Section'K-K.8 52.219-1 fMALL' BUSINESS CONCERN REPRESENTATION (JAN 1991)
(a) Representation.
The offeror represents and certifies as part of its offer that it is, [ ] is not a small business concern and that [ ] all,
,lnotallenditemstobefurnished will be manufactured or produced by a small-business concern in the United States, its territories or possessions, Puerto Rico, or-the Trust Territory of the Pacific Islands.
(b)b Definition.
Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in this solicitation.
(c) Notice.
Under-15 U.S.C. 645(d), any person who misrepresents a firm's status as a small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(1) Be punished by impositten of a fine, imprisonment, or both; l
(2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Act.
[End of Provision]
K.9 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (FEB 1990)
(a) Representation. The offeror represents that it:
[ ] is,
[ ] is not a small disadvantaged business concern.
(b) Definitions.
l Asian Pacific Americans, as used in this-provision, means United l
States citizens whose origins are in Japan, China,-the l
Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory I
of the Pacific Islands (Republic of Palau), the Northern Mariana Islands,~ Laos, Kampuchea, (Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Ma. hall Islands, or the Federal States of Micronesia.
Indian tribe, as used in this provision, means any Indian tribe, l
Page 71 IRM-93-181 Section K band, nation, or other organized group or community of Indians, including any Alaska ~ Native Corporation as defined in 13 CFR 124.100 which_is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians, or which is recognized as such by the State in-which such tribe, band,. nation, group, or~ community resides.
Native Americans, as used in this provision, means American-Indians, Eskimos, Aleuts, and native Hawaiians.
Native Hawaiian Organization, as used in this: provision, means-any community service organization serving Native _ Hawaiians in, and chartered as a not-for profit organization by, the State of Hawaii, which is controlled by Native Hawaiians, and whose business activities will principally benefit _such Native Hawaiians.
$ mall business concern, as used in this provision,.means a_
concern, including its affiliates, that is independently-owned and operated, not dominant in the field of operation in-which it_is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR part 121.
Small disadvantaged business concern, as used-in this provision, means a small business concern that (a) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and (b) has its management and daily business controlled by one or more such individuals.
This term also means a small business concern that is at.least 51 percent ~
unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally-owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and_which meets the requirements of 13 CFR part 124.
Subcontinent Asian Americans, as used-in this provision, means United States citizens whose origins are in India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal.
(c) Qualified groups.
The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans,-Subcontinent Asian Americans,'and other individuals found to be qualified by SBA under 13 CFR 124.
The offeror shall' presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations.
[End of Provision]
Page 72 IRM-93-181 Section K K.10 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION (APR 1984)
(a) Representation.
The offeror represents that it:
[]isnotawomen-ownedsmullbusinessconcern.
is,
]
(b); Definitions.
"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts and qualified as a'small business under the criteria and size standards in 13 CFR 121.
" Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S.
citizens and who also control and operate the business.
[End of Provision]
K.11 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (APR 1984)
(a) This acquisition is not a set' aside for labor surplus area (LSA) concerns.
However, the offeror's status as such'a concern may affect (1) ratitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation.
In order to determine whether the offeror is entitled to a preference under-(1) or. (2) _above, the offeror must identify, below, the LSA in which the costs-to be incurred on account of manufacturing or production-(by the offeror or the first-tier subcontractors) amount to more than 50 percent of the.
contract, price.
L (b) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concern.
If the offeror is awarded a contract as an LSA concern and would not have-otherwise _ qualified for award, the of feror shall per form the contract or cause the contract to be performed in accordance with l
the obligations of an LSA concern.
L
[End of Provision]
K.12 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES o
j (APR 1984)
(a) " Segregated facilities," as used in this provision, means l
any waiting rooms, work areas, rest rooms and wash rooms,
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'Page(73-
' IRM-93-181 Section K..
.s; restaurants;and other eating areas,-time clocks, locker rooms _and_
=
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other storage'or dressing areas, parking lots,'~ drinking fountains,-
r recreation or: entertainment-areas, transportation,--and housing-j facilities provided for employees,: that;are Esegregated:by explicit-directive or are-in: fact segregated on the basis of-race, color,L religion, or national origin because of. habit..localicustom,for otherwise.
~
g
-(b)lBy the submission of this offer, the offeror certifies that:
9 it does not and will not maintain or provide for..its~_ employees any segregated facilities at any'of its establishments, _'and.that it:
does not and will not permit its employees to perform their:
services at any location under its control where. segregated facilities are maintained - The offeror agrees that a= breach of-.
this certification is a violation of.the Equal-Opportunity-clause-in the contract.
- 1 (c) The offeror further agrees that (except where it has i
obtained identical-certifications from proposed. subcontractors for-specifictime_ periods)itwill--
=!
(1) Obtain :1dentical certification.s from proposed -
subcontractors before the award of. subcontracts undee which the" subcontractor will be ' subject to the Equal;0pportunity clause;-
(2) Retain the certifications in the f.iles;. and-
.5 (3) Forward the following-notice to the proposed,
i subcontractors-(except if the proposed subcontractors have'_): '
}
submitted identical certifications _for? specific time: periods NOTICE TO PROSPECTIVE SUBCONTRACTORS'0F REQUIREMENT: FORD CERTIFICATIONS OF NONSEGREGATED FACILITIESi A Certification of Nonsegregated Facilities?must be' submitted--
before the award of a -subcontract: under1which the: subcontractor:
will be subject to the Equal Opportunity-clause.
The-certification may be submitted either for each subcontract or for-all subcontracts during a period'(i.e., quarterly, semiannually,a or annually).
-NOTE:
The penalty fo: making false -statements in-offers is'
. prescribed in 18 U.S.C.' 1001.
[End of Provision]
K.13 52;222-22 PREVIOUS CONTRACTS AND COMPLIANCE: REPORTS
'(ApR~1984)
The offeror represents that--
~
(a)..it [ ] has, [ ] has not participated in a1 previous contracti or subcontract _ subject either to the Equal 0pportunity clause ofJ this solicitation, the clause. originally-contained _in Section 310' of. Executive Geder No..10925,'or the clouse contained in SectionJ w
e 4
4 a.
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L-.
Page _74 IRM-93-181 Section K 201 of Executive Order No. 11114; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards, b
[End of Provision]
K.14 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that--
(a) It [ ] has developed ar,a has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contiacts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
[End of Provision]
K.15 52.222-48 EXEMPTION FROM APPLICATION OF SERVICE CONTRACT A"T PROVISIONS (MAY 1989)
(a) The following certification shall be checked:
Certification The offeror certifies (
) /does not certify (
) that:
(1)
The items of equipment to be serviced under this contract are commercial items which are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to the general public in the cour se of normal business operations; (ii) The contract services a e furnished at prices which are, or are based on, establisted catalog or market prices for the maintenance, calibratior, and/or repair of certain ADP, scientific and medical, and/or office and business-equipment.
An " established catalog price" is a price included in a catalog, price list schedule, or other form that is regulariy maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at whica sales are currently, or were last, made to a significant number of buyers constituting the general public.
An " established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Cor, tractor; and (iii) The Contractor utilizes the same compensation (wage and fringe
/
benefits) plan for all service employees performing work under the contract as the Contractor uses for equivalent employees servicing the same. equipment of commercial customers.
IRM-93-181 Section K (b)
If a_ negative certification is made and a Service Contract Act wage _ determination is not attached to the solicitation,_the Contractor shall notify the Contracting Officer as'soon as possible.
(c) Failure to execute the certification in paragraph (a) of this clause or to contact the Contracting Officer as required in paregraph (b) of this clause may render the bid or offer nonresponsive.
[End of Clause]
K.16 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Ofieror certifies that--
(a) Any facility to be used in the performance of this proposed contract is [ ], is not [ ] listed on the Environmental Protection-Agency (EPA) List of Violating Facilities; (b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in-every nonexempt subcontract.
[End of Provision]
K.17 52.223-5 CERTIFICATION REGARDING A ORUG-FREE WORKPLACE (JUL 1990)
(a) Definitions.
As used in this provision, "Contro11ed substance" means a controlled substance in schedules I through, of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11
- 1308.15.
" Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine. violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispinsing, possession or use of any controlled substance.
" Drug-free workplace" means the site (s) for the performance of work done by the Contractor in connection with a specific contract.
IRM-93-181 Section K l
5 at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract.
"Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involyement in contract performance.
Individua means an offeror / contractor that has no more than one emphyee including the offeror / contractor.
(b) By submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25,000, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will--no later than 30 calendar days after contractaward(unlessalongerperiodisagreedtoinwriting),
for contracts of 30 calendar days or more performance duration; or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed--
(1) Publish a statement notifying sucr. employees that the unlawful manufacture, distribution, dispensing, psssessions or use of a controlled substance is prohibited in t.he Co,Aractor's workplace and specifying the actione that will be taken against employees for violations of such prenibition; (2) Establish an ongoing drug-free awareness program to inform such employees about--
(1) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation,-and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in-the workplace; (3) Provide all employees engaged in performance of.the contract with a copy of the statement-required by subparagraph (b)(1) of this provision; (4) Notify such employees in writing in the statement-required by subparagraph (b)(1)~of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will--
(1) Abide by the terms of the statement; and
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1RM-93-181 Section K (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days af ter receiving notice under subdivision (b)(4)(ii) of thlt provision, from an employee or otherwise receiving actual notice of such conviction.
The notice shall include the position title 'bf the employee; and (6) Within 30 calendar days atter receiving notice under subdivision (b)(4)(ii) of this provision of a conviction, take one of the following actions with respect to any employee who is 4
convicted of a drug abuse violation occurring in the workplace:
(i) Take appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this provision.
(c) By submission of its offer, the offeror, if an individual who is making an of fer of any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation.
(d) Failure of the offeror to provide the certification required by paragraphs (b) or (c) of this provision, renders the offeror unqualified and ineligible for award.
(See FAR 9.104-1(g) and 19.602-1(a)(2)(1).)
(e) In addition to other remedies available to the Government, the certification in paragraphs (b) or (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under litle 18, United States Code, Section 1001.
[End of provision]
K.18 CONTRACTOR ORGANIZATIONAL CONFLlCIS OF INTEREST REPRESENTATION (JUN 1988)
I represent to the best of my knowledge and belief that:
The award to of a
I page 78 IRM-93-181 Section K i
f contract oi' the modification of an existing contract does /_/
does not /_ / involve situations or relationships of the-type set i
forth in Section III of the document entitled "NRC Organizational Conflicts of Interest" (see Section J, List of Attachments).
(a) If the representation, as completed, indicates that situationsorrelationshipsofthetypesetforthinSectionIII 7
of the document entitled 'NRC Organizational Conflicts of Interest" (see Section J List of Attachments) are involved, or the Contracting Officer otherwise determines that potential organizational conflicts of interest exist, the offeror;shall i
provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the Contracting Officer.
If the Contracting Of ficer determines that organizational conflicts exist, the following actions may be i
o taken:
(I)
Impose appropriate conditions which avoid such conflicts; l
(2) Disqualify the offeror; or l
(3) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of Section VII of the document entitled "HRC Organizational Conflicts of Interest" (see Section J, List of Attachments).
(b) The refusal to provide the representation, or upon request of the Contracting-Officer, the facts required by paragraph (a) above shall result in disqualification _of_the offeror for award.
[Endofprovision]
K.19 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUN 1988)
The offeror hereby certifies by submission of this offer that j.
all representations made regarding its employees, proposed subcontractor personnel and consultants are accurate.
l L
[Endofprovision]
l l
K.20 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT _(JUN-1988)-
l l-The following representation is required for NRC.information and evaluation purposes only.
It is not NRC policy to encourage 3
offerors and contractors to propose current /former agency.
employees to perform work under NRC contracts.
The offeror hereby certifies that there (
)are(
) are not current /former NRC employees who have been or will be. involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering or performing any contract, consultant agreement or subcontract resulting from this offer.
For each individual so identified, the Technical-and Management proposal containslas a separate
._..._..-,,,4~
Page 79 IRM-93-181 Section K attachment the name, titic, date individual left NRC and a brief 4
description of the individual's role under this proposal.
[EndofProvision]
I; t
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IRM-93-181 Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BYREFERENCE(JUN1988)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.
Upon request, the contracting officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
PROVISIONS NUMBER TITLE DATE 52.215-5 SOLICITATION DEFINITIONS JUL 1987 52.?15-7 UNNECESSARILY ELABORATE APR 1984 PROPOSALS OR QUOTATIONS 52.215-8 AMENDMENTS TO SOLICITATIONS DEC 1989 52.215-9 SUBMISSION OF 0FFERS DEC 1989 52.215-10 LATE SUBMISSIONS, MODIFICATIONS, DEC 1989 AND WITHDRAWALS OF PROPOSALS 52.215-12 RESTRICTION ON DISCLOSURE AND APR'1984 USE OF DATA 52.215-13 PREPARATION OF 0FFERS APR 1984 52.215-14 EXPLANATION TO PROSPECTIVE APR 198t OFFERORS 52.215-15 FAILURE TO SUBMIT OFFER APR 1984 52.215-16 CONTRACT AWARD JUL 1990 52.215-30 FACILITIES CAPITAL COST OF MONEY SEP 1987 52.227-6 k0YALTY.INFORMATION APR 1984
[EndofProvision]
L.2 52,2n4-4 CONTRACTOR ESTABLISHMENT CODE (AUG 1989)
In the block with its name and address, the offeror should i
supply-the Contractor Establishment Code applicable to that name and address, if known to the of feror.
The number should be preceded by " CEC:." Offerors should take care to report the correct CEC and not a similar number assigned to the Offeror in a J
different system.
loe CEC is a 9-digit code assigned to a contractor establishment that contracts with a Federal executive agency._ 1he CEC system is-a contractor identification coding system which_is' currently the van and Bradstreet Data Universal Numbering System (DUNS).
The CEC system is distinct from the Federal Taxpayer Identification Number (TIN) system.
The Government will obtain a Contractor Establishment Code for any awardee that does not have or does not know its CEC.
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i Page -81 IRM-93-181
-Section L
[End of Provision]
L.3 52.214-34 $UBMISSION OF 0FFERS IN THE ENGLISH LANGUAGE (APR 1991)
Offers submitted in response to this solicitation shall be in the English language.
Offers received in other than English shall be rejected.
u
[EndofProvision]
L4 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY.
(APR 1991)
Offers submitted in response to thi$' solicitation shall_be in terms of U.S. dollars.
Offers received in other than U.S. dollars-shall be rejected.
[EndofProvision]
L.5 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a labor hour requirements, cost plus fixed fee task order contract resulting from this solicitation.
[EndofProvision]
L6 52.219-22 SIC CODE AND SMALL BUSINESS SIZE STANDARD (JAN 1991)
(a) The standard industrial classification l(SIC) code for this acquisition is 7372.
(b)(1)'The small business size. standard.is no more than-$7.0 million average. annual receipts for an offeror's preceding 3-fiscal years.
(2) The small business size standard for a conc'ern which submits an offer in its own name, other than on a construction or-service contract, but which proposes to_ furnish a product which it did not' itself manuf acture, 'is 500 employees.
[End of Provision]
L7 52.233-2 SERVICE OF PROTEST (NOV 1988)
.(a)' Protests, as definec' in Section 33.101-of the Federal-Acquisition Regulation, that are filed directly with an agency, and copies of?any protests that are filed with the. General.
Accounting Of fice (GAO) or the General Services Administration--
Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written-and dated acknowledgment of receipt lfrom:
z
-,. =..
Page 82 -
IRM-93-181 Section L.
llAND-DELIVERED ADDRESS I
Mary Jo Mattia, Contracting Officer i
V.S. Nuclear Regulatory Commission t
Division of Contracts and Property Management, P-902 7920 Norfolk Avenue Bethesda, MD 20814 L
HAILING ADDRESS Mary Jo Mattia, Contracting Of ficer U.S. Nuclear Regulatory Commission Division of Contracts and Property Management, P-902 Washington, D.C. 20555 (b) The copy of any protest shall be received in the office 1
designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO.
[EndofProvision]
L.8 52.237-1 SITE VISIT (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.
In no event shall failure to inspect the site constitute grounds for a claim after contract award.
[EndofProvision]
L.9 ESTIMATED DURATION (JUN 1988)
The duration of the contract is estimated to be 12 months. (See section F for any option periods).
[End of Provision]
L 10 ACCEPTANCE PERIOD-(MAR 1987)
Because of the time required by the Government to evaluate proposals and make an award, offerors are instructed to specify on-the SF-33 a proposal acceptance period of not less than 60. days.
s days..
~
[End of Provision]
l
[
l Page 83 1RM-93-181 Section L L.11 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (JUN 1988)
All offerors will be notified of their selection or nonselection as soon as possible.
formal notification of nonselection for unrestricted awards will not be made until a contract has been awarded.
Pursuant to requirements of Section 15.1001(b)(2) of the Federal Acquisition Regulation, preliminary notification will be provided prior to award for small business set-aside procurements.
It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate the NRC contractually.
Informal contractual commitments include such actions as:
(a) Encouraging a potential Contractor to incur costs prior to receiving a contract, (b) Requesting or requiring a Contractor to make changes under a contract without formal contract modifications, (c) Encouraging a Contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable, and (d) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.
[End of Provision]
L.12 DISPOSITION OF PROPOSALS (JUNE 1988)
Af ter award of the contract, one (1) copy of each unsuccessf ul proposal will be retained by NRC's Division of Contracts and Property Management.
Unless return of the additional copies is requested by the offeror upon submission of the proposal, all other copies will be destroyed.
This request should appear in any cover letter accompanying the proposal.
[End of Provision)
L.13 PROPOSAL PRESENTATION AND FORMAT (JUN 1988)
ALTERNATE I (JUN 1988)
(a) Proposals must be typed, printed or reproduced on letter-size paper and each copy must be legible.
(b) Proposals in response to this Request for Proposal must be submitted in the following three (3) separate and distinct parts:
Page 84 1RM-93-181 Section L 1
(1) Two (2) original signed copies of this solicitation package.
All applicable sections must be completed by the Offeror.
(2) One (1) original and 3 copies of the " Cost Proposal" must be submitted.
( 3,) One (1) original and 3 copies of the " Technical and Management Proposal" must be submitted.
(c) Correctness of the Proposal Caution--offerors are notified that all information provided in their proposals, including all resumes, must be accurate, truthful, and complete to the best of the offeror's knowledge and belief.
The Commission will rely upon all such representations made by the offeror both in the evaluation process and for the performance of the work by the offeror selected for award.
The Commission may require the offeror to substantiate the credentials, education and employment history of its employees, subcontractor personnel and consultants, through submission of copies of transcripts, diplomas, licenses, etc.
(d) Cost Proposal The Offeror shall provide a cost proposal based on the Estimated Level of Effort.
The total estimated cost proposed by the offeror must be used for evaluation purposes only. Any resultant contract must contain an overall cost ceiling whereby individual Task Orders may be issued.
The cost and fee, if any for each Task Order will be individually negotiated and will also contain a cost ceiling.
The Offeror shall utilize the Standard Form 1411, Contracting
' Pricing Proposal Cover Sheet, in submitting the Cost Proposal. A copy of the form and instructions are attached to this solicitation.
The information must include pertinent details sufficient to show the elements of cost upon which the total cost is predicated, The Cost Proposal must be submitted separately from the Technical and Management Proposal.
(e) Technical and Management Proposal The Technical and Management Proposal must not contain any reference to cost.
Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., must be included in the Technical and Management Proposal so that the Offeror's understanding of the scope of work may be evaluated.
The Offeror shall submit with the Technical and Management Proposal fui. and complete information as set forth below to permit the Government to make a thorough evaluation and a sound j
determination that the proposed approach will have a reasonable l
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e IRM-93-181 Section L likelihood of meeting the requirements and objectives of this procurement.
Statements which paraphrase the statement of work without communicating the specific approach proposed by the Offeror or statements to the effect that the Offeror's understanding can or will comply with the statement of work may be construed as an indication of the Offeror's lack of understanding of the statement ofwogandobjectives.
The Technical and Management Proposal must-set forth as a minimum the following:
(1) Discussion of the statement of work to substantiate the Offeror's understanding of the requirement.
(2) Discussion of the proposed method of approach to meet the objective.
(3)
Indicate potential problem areas and the approach to be-taken to resolve the areas.
(4) Statements of any interpretations, requirements, or assumptions made by the Offeror.
(5) Discuss support personnel and facilities available to assist the professional personnel.
(6)
Identify " Key Personnel",.and for the person (s) so identified, specify the percentage of time currently committed to other projects over the course of the proposed contract period of performance.
(7)
Include resumes for all professional personnel to be utilized in the performance of any resulting contract.
Include-educatiohal background. specific pertinent work experience.and'a list of any pertinent publications authored by the. individual.
(8) Describe the source of personnel required for-performance of work under this contract including those not pre'sently employed by the Offeror.
If any of the personnel are under commitment, describe the terms of the commitment (s).
Note specifically the,
. personnel that will'be employed at time of contract award.
(9)
If the Offeror plans to obtain consultant services, explain the-need-for such services.
List the proposed consultants-by name, describe -the work they will perform under this contract,-
and include related past experience.
Individuals who;are employees'of the Contr_ actor or of the U.S.. Government are prohibited from being paid as a consultant.under this contract.
(10) If the Offeror plans to subcontract any of the work to-be performed, list proposed subcontractors, if known, by name.
Provide a detailed description of the work to be performed by the subcontractor.
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1RM-93-181 Section L l
(11) Describe the management organizational structure delineating areas of responsibility and authority under the proposed effort.
Describe the relationship of the project organization to corporate management and to subcontractors, if any.
Discuss the functic-+ and authorities of the Project Manager.
(32) Procedures to periodically review in-house organizational functions, conduct arogram reviews, and insure quality control and coordinate wit 1 the NRC.
(13) Management controls expected to be utilized to preclude a contract cost growth.-
(14) The Offeror shall list any commitments with other organizations, Government and/or commercial, for the same or similar effort.
[End of Provision]
L.14 NONDISCRIMINATION BECAUSE OF AGE (MAR 1987)
It is the policy of the Executive Branch of the Government that (a) Contractors-and Subcontractors engaged in the performance of-Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide. occupational qualification,. 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 upon a bona. fide occupational qualification, retirement plan, or statutory-requirement.
+
[End of Provision]
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Page 87 IRM-93-181 Section H SERT 10N M - EVALUATION FACTORS FOR AWARD M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED-BY REFERENCE (JUN 1988) 4 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were 'given in full text.
Upon request, the contracting' officer will make their full text available.
l NUMBER TITLE DATE 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984.
[End of Provision) i Y
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DEPARTMENT.OF LABOR ATTACH 7 TENT 6 EMPLOYMEtiT STANDARDS ADMINISTRATION Page 1..of 13-WAGE AND IIOUR-DIVISION-State: Dist. of Col., Maryland, Virginia WASIIINGTON,
D.C.
20210 Area: Dist..of Col., MD COJNTIES: CALVERT i
LREGISTER OF WAGE DicrERMINATIONS UNDER LOCALITY.
CHARLES, FREDERICK, MONTGOMERY TIIE SERVICE CONTRACT ACT PRINCE GEORGE'S, ST MARY'S
- Dy'direcQr of th(
cretary of Labor VA COUNTIES: ALEXANDRIA, ARLINGTON,-FAIRFAX b
FALLS CHURCH, FAUQUIER, KITIG GEO9GE, LOUDOUN
/
_ PRINCE WILLIAM, STAFFORD Alan L. Moss Division of-i Director Wa (lOriki.dkO:,H,;;j,b,-ge Date:rminations Wage Determination No.: 86-1255 (Rev. 15) Date:.07/29/1992
- hl;;;l$ll Minimum Fringe Benefit Payments Class of Service Employees
. Hourly.
Wage Health &
Vacation Holiday Other-Welfare
~
p Automatic Data Processing Occupations, Information and
, - Arts occupations,.Liberary and Archive Occupations, and
'TechnicalOccupations:
1.
Computer Data ~ Librarian -
$.10.00 2.
Computer: Operator'I 9.96 3.
Computer"Operatc.r'II
$ 11.15
'4.. Computer. Operator III~
-$ 12.86
' S '. Computer Operator...IV
'S 13.44
- 6. Computer: Programmer I 1/.
$ 13.86-
.7. Computer Programmer _II- :1/
$ 15.56
-.8. Computer Program.er III. 1/
$ 17.95 9.
Computer >: Programmer IV'-
1/
$ 20.27 i- -
- 10. Computer Systems Analyst I-1/
$ 14.79 11.' Computer.. Systems Analyst;IIL 1/
LS,18 40 i.
- 12. Computer Systems : Analyst. III-.
1/'-
'$ 21.52--
1 L LComputer Systems Analyst =IV 1/.
$ 27.66
'14 '. Key Entry:Sperator1I
$3 8.21-
..15.' Key' Entry Operator.II.
9.27
!!6. Peripheral Equipment Operator, 9.51' E17c Exhibits. Specialist'I
$~11.16 118, '. Exhibits Specialist ;IIl:.
.$ 12.81.
4 119. Exhibits. Specialist.III'
- $ 15.28 20.LIllustrator.I.
$ 11.16-e-
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DEPARTMENT OF. L' AllOR EMPLOYMENT STANDARDS ADMINISTRATION
. WAGE AND liOUR; DIVISION Page 2 of 13
'WASiiINGTON, : D.C.
20210
- State: Dist. of Col., Maryland, Virginia
' REGISTER F WAGE DETERMINATIONS UNDER O
Area: Dist. of Col., MD COUNTIES: CALVERT
~
-Tile' SERVICE CONTRACT ACT LOCALITY CHARLES, FREDERICK, MONTGOMERY
.13y'dir.
on of. ti e 9ecretary of Labor PRINCE GEORGE'S, ST MARY'S I/p j
VA COUNTIES:
FALLS CHURCH, ALEXANDRIA, ARLINGTON, FAIRFAX t*
PRINCE WILLIAM,FAUQUIER,. MNG GEORGE, - LOUDOUN
'd STAFFORD Alan L. Moss' Division _. o f i
Director Wa M.*,,... :
.s::...,..,ge De term ina tions Wage Determination No.:
.,,gll, 86-1255 (Rev. 15) Date: 07/29/199I~
E Minimum Class of Service Employees liourly Fringe Benetit Payments-j
. Wage
~
IIealth &
Vacation
-i Welfare Holiday Other 4
- 21. Illustrator II
- 22. Illustrator III
$ 12.81
.23. Photographer I-
$ 15.28
- 24. Photographer II.
$ 11.16
- 25. Photographer.III.
$ 12.81
- 26. Audiovisua1 ~ Librarian
$ 15.28
'27.
Librarian'
$.12.44
- 28. Library" Technician
$ 12.44
- 29. Technical ~Information
$'10.07 S 11;16 Specialist I
- 30. Technical'Information'-
$ 12.81' Specialist-II-
't
- 31. Technical' Information 1
'$ 15.28
. specialist III
- 32. Laborator4/. Tester I
- 33.. Technical Wri ter S
8.45 34.l Drafter.I-9.'48 3 5...' Dra f ter 'II
..$'-7.36
- 36. Dra f terf III.
$' ~ 8.89
- 37. Draf ter IV ~
$ 11.16
$-12.81
- 38. Dra f t e r.Vz
- $ 15.28 E19 TechnicidnLI :9/L
- $ 10.60 40., Technician.lII_ 5/
$'13.45
, '41.'TechnicianLIII-S/
~ $ 36.73 g
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DEPARTMENT'OF LABOR
. EMPLOYMENT - STAtIDAltDS. ADM1 N 1 STRATION WAGE.AND NOUR DIVISION
. WA:;111 NGTON, ' O. C.
Page 3 of 13
'20210 State: Dist. of Col., Maryland, Virginia IWGISTER 'OF WAGE DETERMINATIONS Area: Dist.
UNDER LOCALITY of Col., MD COUNTIES:
E SERVIGE CONTRACT ACT CIIARLES, FREDERICK, MONTGOMERY By d' edrjion of CALVERT Ip, Secretary of Labor PRINCE GEORGE'S, ST MARY'S g
v/g VA COUNTIES:
FALLS CHURCH, ALEXANDRIA,r-ARLINGTON,FAIRFAX FAUQUIER, KING GEORGE, LOUDOUN PRINCE WILLIAM, STAFFORD
- Al a rt L.
Moss Divi bireh7j[.pjg,;.g.;gyggy.sjonof
,eterminations
~~
Wage Detertaination No. :
86-1255 (Rev. 15) Date:
Class of Service Employees
~
07/29/1992 Minimum Hourly Fringe Benefit Payments Wage Health &
Vacation Welfare Holiday other a _ --
- 42. Camera Operator a_
1
- 43. Training Technician S
8.27
( Learning Resource Center)
S 9.03
.44. Test Proctor
'4 5. Industrial S
7.30
!!ygiene Technician 46 Iaboratory Technician
$ 12.34
- 47. Technical' Illustrator S
8.45
- 48. liardware Coordinator
$ 13.00
'49. Of1-Line Equipment Operator 8.00
- 50. Offset Pressman 7.48
- 51. Bindery Worker
$ 15.60
_S2.
Negative 4
Engraver / Stripper
$ 14.83 S3. Offset Platemaker
$'14.n3
.S4. Oftset Photographer
$-14.03 SS. Film Assembler-Stripper
$ 15.56
- 56. Lithographic Technician
$ 14.03
-57.. Lithographic' Inspector S 14.03 58..-Quality Control Inspector
$-17.62
- 59. Document Preparation' Clerk
$ 11.53 c60 Cartographic Technician 6.70
- 01. Instructor
$ 10.48
$ 13.26 a
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'U.S.
DI:PARTMENT'OP LAHOR LEM'PLOYMErIT STAfiDARDS. ADM1tJISTRATION Page 4 of 13
' WAGE AflD FLOUR DIVTSIO!I State: Dist. of Col., Maryland, Virginia
- WASl!IllGTOff,
D.C.
20210
~
4 Area: Dist. of Col., MD COUNTIES: CALVERT
- REGISTER'OF W' AGE.DETERMItJATIONS UNDER LOCA LITY CHARLES, FREDERICK, MONTGOMERY cTI ^ SERVIC1gCONTRACT'ACT PRINCE GEORGE'S, ST MARY'S
'By direet
- n. of ti eMacretary of Labor VA COUNTIES: ALEXANDRIA, A,RLINGTON, FAIRFAX
,s ;
/Qg FALLS CHURCH, FAUQUIER, KING GEORGE, LOUDOUN g'
PRINCE WILLIAM, STAFFORD
? Alan L.
Moss Division of
' D rec t o y,,,,,,,,,
Wage Dg,erminations Wage Determination No.: 86-1255 (Rev. 15) Date: 07/29/1992 i
i
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Mirtimum Fringe Benefit Payments
' class of Service Employees Hourly Wage Health &
Vacation Hdliday Other Welfare 6
- Fringe benefits applicable to all cl asses of service employees engaged in contract performance
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WAOEiDETERMit ATIOri 86-1255 (Rev. 15)
.DATE 07/29/1992 Page'5 of 13 1/
Does not apply to employees employed in a bona fide executive, administrative, or professional
_eqpacity.as defined and1 delineated in 29 CFR 541.
(See 29 CFR 4.156) 2/
IIEALTil & ' WELFARiu
$0.83 per hour or $33.20 per week or $143.86 per month.
1/
VACATIO' : 2 wecks paid vacation af ter 1 year of service with a contractor or successor; 3 weeks uatter 5 years: 4 wecks after,15 years. Length of service includes the whole. span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractor'inLthe performance of similar work at the same Federal facility. (Reg. 4.173) 4/
IIOLIDAYS :
10 paid holidays per year:
New Year's Day, Martin Luther King Jr. 's Birthday, Washington's Birthday,.Menorial Day, Independence' Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day,'and Christmas Day.
(A contractor may substitute for any of the name holidays Lanother day.off with pay.in accordance with a plan communicated to the employees involved.)
S/
Tlue Technician classification, includes all of the following: Electronics, Electromechanical,
.Environmen'tal, Instrumentation, Mathematical, Mechanical, and Fhoto-Optics u
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WAGE DETERMINATION 8G-12SS (Rev. 15)
DATE 07/29/1992 Page 6 of 13 NOTE: The contracting ofticer shall require that any class of service employee which is not listed herein and whibh is to be employed under the contract (i.e.,
the work to be performed is not
-performed by any classification listed in the wage determination), be classified by the contractor ao as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage deterqination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming procedures shall be initiated by the contractor orior to the performance of contract work by such unlisted class (es) of employees. A written report of the itroposed conforming action, including information regarding the agreement or disagreement of the
. authorized representative of the employees involved or, where there is no authorized representative,.the employees themselves,.shall be submitted by the contractor to the contracting officer no later than 30. days after such unlisted class (es) of employees performs any contract
' ' work. The contracting officer shall review the proposed action and promptly submit a report of the
' action, together with the agencys' recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards
. Administration, U.S.
Department of Labor, for review.
(See section 4.6 (b)(2) of Regulations 29 j
CFR 4)
UNIFORM ALLOWANCE: If employees are required to wear,uniforns in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.),
the cost of-furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the-wage determination. The Department of Labor will accept payment in accordance j
with the following standards as compliance:
t Tl:e contractor or subcontractor is required'to furnish all employees with an adequate number of uniforms without. cost or.to_ reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all' contractors and subcontractors subject to this wage determination shall (in the absence of a 1xina fideLcollectiveLbargaining agreerent providing for a different amount, or the furnishing of conu ncy af firmative proof ds to the actual cost),. reimburse all employees for such cleaning and matnt'enance at a rate of $3.80 a week (or-76Lcents a-day); and effective April 1, 1991, the note shall be'S4.25 per week (or S.85 cents per day). However, in those instances where the uniforms furnished'are made of " wash and wear" materials, may be routinely washed and dried with other personal garments, and do not. require any special treatment such as dry cleaning, daily washing, or commercial laundering in ' order to meet the cleanliness or appearance l standards set by the terms of the: Government contract, by the contractor, by law, or by tha nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
4-
WAGE DETERMINATIOli 36-1255 (Rev. 15)
DATE 07/29/1992 Page 7 of 13 NOTE:
The duties of employees under job titles listed are those described in the Service Contract Act. Directory o1 Occupations, Second Edition, July 1986, unless otherwise indicated.
See a1so 29 CFR Part 4 Section 4.152.
- OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS *****************+
CAMERA' OPERATOR l
Performs duties similar in nature to the operator of a standard photocoping machine.
Places material. in the machine, takes its picture, and checks for form and clarity.
TRAINING TECHNICIAN (LEARNING RESOURCE CENTER)
Review and evaluates answer sheets and lab forms for completeness and accuracy of scoring,
-reomputes scores to verify accuracy, identifies discrepancies and takes corrective actions in accordance with established policy.
Serves as the contact point for resolving complicated problems between AAC-118, AAC-323, AAC-930, etc. and within the unit.
Establishes and maintains the log of all control numbers for. Air Traffic' evaluation material.
Assigned number should reflect code, option / phase, and number of booklet.
Reviews all printing requests and monitors their processing i
to insure procedures for controlled material are followed.
Insures that material produced by the 4
print shop is as specified on printing requests and takes appropriate action to insure that material is incorporated into.the controlled materials system.
]
TEST PROCTOR Administers, supervises or proctors minimum of 5, maximum of 15 tests on a call basis.
Tests include all-Dantes,'Clep,,SSTs, ECI end of course for voluntary enrollments and any tests i
speci f ical'ly required by an educational.. institution for admission or course enrollment.
I
" Administers make-up tests in conjunction with civilian institution programs when it has been clearly established that the student.could not be presentLfor normal in-class testing because of duty-conflict'or health reasons.
Testing materials are controlled items and will be handled, atocked, safeguarded and administered in strict compliance.with applicable regulations.
INDUSTRI AL liVGIENE TECHNIC 1AN
. Evaluates proposed work. processes or materials to assure incorporation of adequate measures for I
prevention of' occupational.~ disease hazards.. Investigates anc evaluates' existing industrial processes to; determine _ nature extent, and magnitude of exposures and the effectiveness of existing r
control systems.
Independently designs sampling strategies cn methods to determine concentrations
WAGE DETERMIIIATIO!!
86-1255 (Rev. 15)
DATE 07/29/1992 Page 8 of 13 of contaminants and/or physical agents that exist in the workplace.
Devises / designs or works with
. engineers-to develop control measures, use of protective devices, or adoption of alternate prn~ "u res or mate ri als.
LABORATORY TECittif CI ATJ
~
trocennen, and a os blood urine, and other body fluids by established scientific
- collectn, i
laboratory techniques to a diagnosis, t re a-t me nt, and prevention of diseashs in the area of hematology, urinalysis, chemistry, blood bank, microbiology, serology, anatomic apthology, and general' medical lab tests.
itiEGATIVE EtJGRAVER/ STRIPPER Jobs involved in negative-cutting activities ranging from simply opaquing the background of the
. negative by painting in pinholes with a solution of asphaltum, lampblack, or turpentine, to making Lintricate corrections and revisions of film and plastic negatives.
OFFSET PLATEMAKER Jobs involved in processing photographic images onto metal, paper, or plastic plate materials to produce lithographic plates which are used in the offset reproduction of printed matter.
Also included are jobs. involved in producing paper or plastic masters using photo-direct or ectrostatic equipment, as well as. jobs that involve other related platemaking processes such as color proffing and making pee 11 coats, scribeccats, and hand transfers.
OFFSET Pl!OTOGRAPilER l
IIITRODucTI Ori:
i Position is located.in.the Pre-Press Section, Reproduction Branch, Aeronautical Charting Division.
Incumbent serves as a. Journeyman Offset Photographer (Map and Chart).
DUTIES:
Independently operates one or nore process cameras and other photographic +quipment, to accomplish
. projects requiring the application of advanced photographic methods and techniques to make negatives andfpositives, or other photographic products required for the preparation of lithographic printing. plates: subsequently used in-the'multicolor tone reflection and or
~
transmission copy materials which contain areasfof inconsistent tone or other deficiencies such as weak images ~or inadequate' contrast.
Must'be thorouqhly fami1iar with all equipmenti materials, chemicals,. technical guides and manuals l
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? WAGE-DETERMINATIOil
' 86-1255 (Rev.'15)
DATE 07/29/1992 Page 9 of 13 n uised in the. Photographic Section.
Must be-able to apply advanced or unconventional photographic
- tecnniques used in holding or ' dropping various color hues or densities of multicolor copy.
Must be thoroughly 1 familiar with all equipment, materials, chemicals, and the more complex guides and manuals used in the Photographic Section. - Must be able to apply unconventional lighting techniques to simulate natural light conditions, to assure that the resulting shadows and relief are within exacting tolerance requirements concerning length'and direction.
Must have a practical understanding of the additive and substractive primary and complimentary colors 7 and the process
'inksJto accomplish process color separation.
Must ensure that exacting tolerances are maintained'
- (plus'or.minus.0005' inches or finer) with respect to scale dimension,' alignment registration, and
'line weight. 'Mustibe'able to maintain exacting tolerances in dot size and density, so that screen tints, halftone, and other separations of multicolor-work will' fit with hairline registration, and match'when merged during the press run.
Must be able to select proper line and percentage screen, set proper screen distance. and angle in accomplishing halftone multicolor photography. - Incumbent must have-extensive knowledge of photographic theory, technology, optics, chemistry of-silver halide emulsions, light sources, camera characteristics, and maintenance and repair procedures.
i Must be able to evaluate all copy materials (normal, unusual, and difficult) and determine the methods,'(tofinclude unconventional) procedures, and techniques-to be used to achieve desired i
results..
FILM ASSEMBLER-STRIPPER l ll T R O D U C T I O N :
This position is located in the Negative Engraving Unit of the Reproduction Branch.
Section
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't' unctions are outlined in. the flOAA organization llandbook.
The incumbent serves as a Film
. Assembler-Stripper.
- MAJOR DUTIES AND RESPONSIBILITIES.
Plans,' designs, assembles, lays out, and strips into place film negatives and positives of charts, maps, and related' navigational publications to compose multiple flats for signature layouts frequiring exact adherence to specifications for precise positioning, margins, color, junctions, and
' size of lithographic printing plates.
' STATEMENT OF INCLUSIOt. IN TiiE FAIR LABOR STANDARDS ACT ITHIS-FOSITION IS INCLUDED IN'TIIE COVERAGE OF, AND SUBJECT TO, THE FAIR LABOR STANDARDS'ACT IN THAT
~
_IT DOES NOT-NEET THE EXEMPTING CRITERIA FOR A PROFESSIONIL, ADMINISTRATIVE,-OR EXECUTIVE POSITION L t.S' DEFINED. IN ' FEDERAL' PERSONNEL MANUAL LETTERS 551-1, DATED MAY 15, 1974, AND 551-7, DATED JULY 1, t
1975.
/ LITI!OGPA P!IIC ' TECHNICI AN
- 1 tfi'HODU CTION
lThis positionils located.'in the Type Composition'Unitrof the Pre-Press.Section, Reproduction
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T WAGEE DETE14M I N ATI ON 86-12SS (Rev. 15)
DATE 07/29/1992 Page 10 of 13 tiranch, Aeronautical Char ig. Division.
Specific Branch functions are outlined in the NOAA O'rqan'itational !!a nd boc k.
Incumbent serves as a Lithographic Technician.
DUTIES:
, ?As a journeyman, is fully responsible for the setting-up, operation, and daily maintenance of input
-keyboard consoles, automated photo-electronic typesetter, contact printers, and film processors:
' utilized to produce typography for the conpilation and maintenance of maps, chatts, and related data.
In addition, is responsible for the proofreading, correcting, makeup, and final verifying of all typographic material produced by the Unit.
I LITl!OGRAPIIIC INSPE'. TOR INTRODUCTION:
i This position is located in the Quality Assurance / Control Staff, Reproduction Branch.
The f unctions of the QA/C Staf f are outlined in the NOAA Organization Handbook.
The incumbent serves cas an-inspector of a broad array of lithographic printed products and processes all of which require critical tolerances be met to insure navigational safety.
[ MAJOR DUTIES AND' RESPONSIBILITIES:
JExamines the' l ithographic products produced within or for the Reproduction Branch, by skilled trade craftsmen; Megative Engravers, Film Assembler-Strippers, Offset Platemakers, Offset Photographers, t
-Pressmen, Bindery Machine Operators and/or outside contractors to determine that critical y requirements, standards and specifications have been met.
Inspections are made at the conclusion i critical functions such as the completion negative corrections, photo composites, platemaking, as
$well as during press operation.-
It'is the responsibility of the Inspector to insure the printing
,-quality, registration, color, corrections, etc.'are acceptable for a final distribution to the public, agents, and other government agencies.
QUALITY CONTROL INSPECTOR DUTIES:
Establishes and'qua1ifies inspection and test methods, procedures, instructions and associated
- " equipment.
Perfor_3'and documents' acceptance inspections and tests.
Evaluates and certifies na'cceptance-inspections and testidata/results are in compliance with applicable codes, standards, Jand contract provisions.
Schedules project inspections.
Conducts inspection audits.
Periodically reviews all work performance, maintenance and similar data. records to analyze problems,Jdetermine. trends and modify methods and procedures.
,LTECIINICAL' ILLUSTRATOR Prepares illustrations / drawings requiring use of the common artL media to depict electronic,
< electrical, mechanical, Eor other technical: equipment.- Produces such. products as:
functional
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4 7
' WAGE DETERMINATION 86-1255 (Rev. 15)
DATE 07/29/1992 Page 11 of'13 Ldrawings, schematic diagrans, logic diagrams, exploded views, assembly and component drawings,
- perspectiveLand isometric drawings.
' TProjects involve preliminary and final drawings, usually from rough sketches or notes provided by subject' matter specialties.
Work requires proficiency in the use of several of the co==on art media such an' oil, water color, or pen and ink; but does not require extensive knowledge of the
}
subject natter.
Lays ' out proposed illustrations in conformity with established style and format 7
which does not present complex problems in terms of perspective, angle of view or artistic ef fect.
j : Works under hi'gher grade illustrator or supervisor who provides guidance in the use of media to be
[ ~used.
Incumbent is relied on to work out the details and produce an artistic illustration that
. fulfills the objective of the specification or requirement.
~
HAFDWARE COORDINATOR A hardware coordinator monitors and coordinates hardware vendor activities under general supervision. 'This classification also maintains hardware performance statistics and assists in the 4 implementation of physical planning and installation when required.
By comparison, a peripheral equipment operator operates peripheral equipment which directly supports digital computer loperationss such equipment is unique-and specifically designed for computer application, but need l 'not be physically or electronically connected to the computer.. printers, plotters, card read -
fpunches, tape readers, tape units or' drives, disk -units or drives, and data display units are fexamples.of such equipment.
The' duties which characterize the work of a peripheral equipment
'cperator are:
loading printers.and plotters with correct. paper; adjusting controls for forms,
- thickness,-tension, printing density,. and loca? ion; and unloading luund copy; labeling tape reels, Tdisks or card decks: checking labels and mounting.and dismounting designated tape reels.or disks on i
i.specified units or drives, setting controls which regulate operation of.the equipment; observing j
panel lights for warnings and error. indications and taking appropriate action; examining tapes, cards, or other'naterial for creases, tears, or other defects which could cause processing j
Lproblems.
OFF-LINE EQUIPMENT OPERATOR JAn off-line equipment operator operates bursters, collators, sorters, reproducers,-and interpreters undor direct - supervision.
Additionally, this classification performs additional support functions i
owhem required.- This classification is compared.to the peripheral equip =ent operator previously
'idescribed.
i OFFS ET1 PR ESSMAN
'iJobs. involved,in,the operation ~and maintenance of offset presses used for' printing material by the L
. Lo f f set 4 ithograph ic 'rethod from; plates on.whichlthe printing and non-printing areas are essentially 1
Jon the same plane.
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'. WAGil _ DINEPM1 MAT!'O!I 86-12 % (Rev. 15)
DATE 07/29/1992 Page 12 ot 13
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.BIMDERY WORKER This occupation includes. jobs that involve setting up, operating, and making minor repairs t 4
powered and manua11y operated gathering, stitching, folding, gluing, embossing, papercutting, stapting, drilling, punching, collating, sorting, books, pamphlets, brochures, etc., in quantity.
and binding machines and equipment used in making.
C j. ' DOCUME!IT PREPARATIO!3 CLERK l
i-Primary duty is to prepare material for the camera operator.
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'd o c u m e n t s, books, periodicals, etc. and organizing this materialThis entails the disassembly of inot a photographic mode.
!' CARTOGRAPl!IC TECHNICIAN
. Reviews geologist's or hydrologist's manuscript copy, field notes, sketches, and photographs for
- acceptability of 7 compilation copy'and compilescopy and conformance to specifications and standards.
4 Compares base map against new or modified base data if required by paneling and/or mosaicking more recent t opog ra ph i c ' da ta.
Selectively adjusts, integrate thematic and base map data.
adds or deletes features from these sources to Prepares map layouts considering press and' paper size limitations user requirements, aesthetic
- positioning of map, supplemental illustrations, sections, explanation and text data.
Coordinates layouts with adjacent map products.
Prepares specilictions and requisitions for photoraphic services and materials for cartngraphic prepa ration phases.
Reviews received materials for qualaity and correctness before accepting same I
selects type styles and sizes and prepares requisitions for type for maps.
- considering legibility, Prepares type overlays proximity of type,to map features, and placement to avoid overprinting
! vital base data.
-selects thematic symbols, patterns, and colors for visual effectiveness and coordination with
.mdjacent' publications.
-t' rom peelcoat.or similar materials, Performs color. separtion of areal tints by stripping open-window negatives or prepares materials for color separtion by camera or electronic scanner.
Utilized stick-down patterns adn symbols for illustrations and maps.
Scribes'or.. inks geologic, tol crancen speci f ied - by ' ca rtographic standards. hydrologic or topographic data in correct po Iine weiqhts and geologic and hydrologic relationships'when making adjustments of data to assure. Exercises a working know t opog ra ph i e, i rorrect relationships'.nf author's data to base' map information.
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' 1HACE.. Dr.TEhMl!!ATIOli A6-12SS--(Rev. 15)~
DATE 07/29/1992.
Page 13'of 13 dj'~rivlites pe r iod i c intibruai
.artographic work and compiiance with standards and forreViews of~ preparation copy to assure correc i
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