ML20133A212
| ML20133A212 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/1979 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20132F816 | List:
|
| References | |
| FOIA-85-182 NUDOCS 8507200037 | |
| Download: ML20133A212 (65) | |
Text
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- 1. Ur der SECTION D - EVALUATION FACTORS FOR AWARD, ADD the following on page 17:
" D .' 3 OTHER CONSIDERATIONS By use of numerical and narrative scoring techniques , proposals will .be subjectively evaluated against the evaluation factors speci fied above.
Award will be made to that offeror whose proposal is technically acceptable and whose technical / cost relationship is the most advantageous -
to the Government. The degree of importance of cost will increase with the degree of equality of proposals in relation to the above factors on which selection is to be based. Cost will be evaluated on the basis of reasonableness, validity and reliability. The award may not necessarily be made to that offeror submitting the lowest cost. Likewise, award will not necessarily be made for technical capabilities that would appear to exceed those needed for the success ful performance of the worke 8507200037 050503 PDR FOIA <
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U.S. Nuclear Regulatory Commission Division of Contracts l Washington. D.C. 20555 1 CONinAC108 (UI)L l l FACILITY CUI)E l 6 N1Mt AND ADD #fl5 AmtNomest Of
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- 1. Under SECTION D - EVALUATION FACTORS FOR AWARD, ADD the following on page 17:
l "D.3 OTHER CONSIDERATIONS By use of numerical and narrative scoring techniques, proposals will be subjectively evaluated against the evaluation factors specified above.
Award will be made to that offeror whose proposal is technically acceptable and whose technical / cost relationship is the most advantageous -
to the Government. The degree of importance of cost will increase with the degree of equality of proposals in relation to the above factors on which selection is to be based. Cost will be evaluated on the basis of reasonableness, validity and reliability. The award may not necessarily be made to that offeror submitting the lowest cost. Likewise, award will +
not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work.
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UNITE D STATES 4
NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
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SOLICITATI0flfl0. RS-ADM-79-387 CAREER COUf1SELIflG fl0TE TO OFFER 0RS:
- 1. Your attention is invited to Block 9, Page 1 of the Request for Proposal. Sealed offers of an original and three (3) copies are requi red. An original and three (3) copies of the Request for Proposal are to be returned in their entirety with the required representations and certifications completed.
- 2. Offerors should note on envelope transmitting response the following:
"RFP flo. RS-ADM-79-387 Closes 3:00 PM , May 23,1979 fMILR00M: D0 fl0T OPEti" e
- 3. This is a 100! Small Business Set Aside Procurement. Proposals under this procurement are solicited from small business concerns only. See Paragraphs C.26 and C.2 7 C
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U. S. Nuclear Regulatory Commission Division of Contracts t!ashington, DC 20555 '
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SOLICITATION
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RS-ADM-79-337 r Page 2
- Section B - fiEP,4ESENTATIONS. CERTIFICATIONS AND ACKNOWLEDGMENTS hEPRESENTATIONS ICheck or compiere ot/ apolocable boars or blocks.)
The efferor represents as part of his offer that:
- 1. SMALL BUSINESS (See par. to on SF MA./
He 0 es O es not, a small business concern. If offeror is a small business cencern and is not the manufacturer of the supplies offered, he also represents that all supphes to be furnished hereunder O will, O will not, bt manuf acturered or produced by a small business concern l in the Umted States. its possenions, or Puerto Rico, l
l l 2. MINORITY BUSINESS ENTERPRISE He D is. O is not, a m nority bus ness enterprise. A menority business enterprise is defined as a ** business, at least 50 percent of which I
o owned by minority group members or,en case of publecty owned busmesses, at least 51 percent of the stock of whien is owned bymenority ct up enembers." For the purpose of this defenition, minority group memters are Negroes. .Soanisnipeammg American persons, AmericanCrientals, American-Indians. American Estimos, and Amerscan Aleuts.
- 3. REGULAR DE ALER - MANUF ACT1.f RER (Apolacable on/y to suppty conttxts esterdmg 310.000.)
He is a O regular dealer in D manufacturer of, the supolics offered.
- 4. CONT 1NGENT FEE ISee par 15 on SF D.A.)
(al He O has. O has not, empioved or retamed any company or persons (othee than a lu//.ftmo bona //de employee working solely for the glieror) to solecit or secure this contract, and (b) he O has, O has not, paed or agreed to pay any company or person (other than a fu//-
tery bona /ide employee norkenp solely for the oI/crot/ any fee, commetsion, perczntage, of brokerage f ee contingent upon or resulting from dej eward of this contract; and agrees to turnish infortnation relating to (a) and (b) above, as requested by the Contracting Officer. //nterpre.
t:t as o/ the representation, oncludong the term *7.aona tode ernplayer,"see Code of l'ederal Repu/atoons Totte 41, Suboort 1.F.5.1
- 5. TYPE OF BUSINESS ORGANIZATION He operates as O an ind vidual, O a partnership, O a nonprofit organaation, O a corporation, encorporatart under the laws of the State t,1
, 4. AF FILI ATION AND IDENTIFYING D ATA (Applacable only to advertned so/icstatens./
e Each offeror shall complete (al and (bl if applecable, and (c) betow:
(al He C it O es not, owned or controlled by a parent compeny,15ee par 16 on SF 7JA.)
(b) If the offerot es owned or controlled by a parent company, he shall enter in the bloctts below the name and main office address of
'he parent company:
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fr.s tamovs m s autant e can atse ease.ntav se s made er sa 68 a.>as u*seaua s e e aso *aae=r w asmaars4eayo 7; EQUAL. OPPORTUNITY fal He O has, O has not, participated in a previous contract or subcontract sublect either to the Eaust Opportumty clause herein or the clauw origmally contained in sectron 301 of Esecutive Order No.10925, or the clause contained in Section 201 of Esecutive Order No.
18114; that he O has, O has not, filed asi required compsiance reports. and thei representatoni 6ndicating suom ssion of reouired compeience tesmrts, signed by proposed subcontractors, will be cbtamed prior to subcontract awards. (The above teoresentaten need not be submitted in '
cannecten with contracts or subcontracts which are esempt from the equal opportumty clause.)
(b) The besder (or efieroti represents that (Il he O has developed and has on file, O has not devetoped and does not have on file, at och establishment affermatere acten programs as roovired by the rules and regulateons of the Secretary of Labor (41 CFR 601 and 60 21 or 121 he O has not prevously had contracts mab l oct to the written affirmatsve action programs requirement of the rules and replations of the Sacretary of Labor,lThe above representatoon shall be completett by eech bodder for offeror) whose bod (offor)is $$0.000 or anore and who has 50 or more emp4syesti ClrtTIFtCATIONS ICheca or compiere att encoreable tenet or benckst
- 8. BUT AMir11CAN CERTIFICATE The offeror co tifies as part of his offer, that: each end product, escept the end peorfucts tested below, is a dor estic end reoduct (as defined b the clanne entitled **8uy Arnetican Act); and that commnents of unknown origin have been consedered to have teen rmned,(moduced,or marmstactured outside the United States.
eacau:to we mucts ccv=rav os case. i Ste*wsoes Feem 33 Pepe 2 le4sV 3 77) a
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RS-ADM-79-387
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- 9. CLEAN AIR AND WATER 3 ! Applicable of the bud or offer exceeds S100.000,or the contracti~g otticar has cetermaned tr at orde uncar an oncelinore quantity contract in any year will encerc $100.0C0, or a fscility to be used has been the subsect of a conviction under the Cean Aor Act (42 U.S.C 1857c icill))or the hceral water Pottution Control Act (33 U S C,1319tc)) and as listed by EPA, or is not otherwise enempt.)
The bidder or offeror certifies as follows:
(a) Any facility to be ut%2ed m the performance of this proposed contract C has, C has not, been listed on the Environmental Protection Agency List of Violating Facilities.
(b) He will promptly notify the contracting officer, prior to award.of the receipt of any communication from the Director. Office of Fad:rel Activities, Environmental Protection Agenc), indicating that any facihty wnich ne proposes to use for the performance of the contreet is under consideration to be listed on the EPA list of Violating Facilities.
(c) He will melude substantially tnis certification, including this paragraph (c), in every nonenemot subcontract.
- 10. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION /Seepar.13 on SF JJ A) fa) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:
(1) The prices in this offer have been arrived at indepencently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to suen prices with any other of feror or witn any competitor; (2) Unless otherwise required by law, the prices which have been cuoted in this offer have not been knowingly disclosed by the offIror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indi<ectly to any other offeror or to any competitor; and (3) No attempt
- has been mace or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for that purpose of restricting competition, (b) Eacn person signing this offer certifies that:
(1) H' is the person in the offe'or'$ organization respons,ble within that organitation for the Cecision as to the prices being of f orcd herein and that he has not participated, and will not participate,in any action contrary to f alf1) througn f a)(3), acove, or (2) (i) He is not the person in the offeror's organitation respons,ble within that organitation for the dects.on as to the prices baing offered herein but tnat he has been authorized in writing to act as. agent for the persons resconsioie for sucn decision in cert:fying t.Nt such partons nive not participated and will not participate,in any action contrary to (4)(1) through (a)(3) aoove, and as their agent ocu hereoy to certify; and (ii) he has not participated, and will not participate,in any acter.,n contrary to (a)(1) through lar(3) acove,
- 11. CERT 1FICATICN CF NCNSEGREGATED FACIUT155 (Apolicable to (1) contracts, (2) succontracts, and (J) agreeme aopticants who are themselves performing federally assisred construction contracts. receemng S10.0C0 wnich .ur not esempt tram the provisions of the Equal Caportunity clause.)
By the suemission of this bid, the bidder, offeror, applicant, or suocontractor certifies that he does not maintain or provice for nis emplovees any segregated facilities at any of his estabbshnents, and that he does not permit his empiovers to perform their services at any r
location unde his control, vvhere segregated facihties are maintained. He certifies further that he will not mair*tain or proude for nis employ, ees any sere;ated facihtees at any of his estabbshments, and that he will not permit his employees to perforrn their services at any or cation, uncer his control, where syregated facahties are maintained, The bidder, offeror, acc0 cant, or subcontrattor agrees that a tseacn of tnis car, tification is a violation of the Equal Opportunity ef ause in this contract, As used in this certification, the term segregated fac41st.es" means cny waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eat.ng areas, time clocus, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportatica, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because '
Cf habit, locJl Custom, or otherwise, He further agrees that (except where te has obtained identic;l certifications from precoseg subcontractors for specific time periods) he will obtJin identic31 certifications from proposed subcontractors prior to the award of succontracts exceecing $10,000 which are not exempt from the provisions of the Ecuai Opportunity clause: tt at he will retain suen certifications in his files, and that he will forward the following notice to such proposed subcontractors (exce;21 ahere the proposed subcontractors have submitted identical certifications for specific time periods):
Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities, A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding 510.C00 wnien is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted eitner for eacti subcontract or for all l subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE The penalty /cr mahng /aise o!/m rs presentea ,n 13
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aut Neut9r No l cars sut p,p, r e,o cart ACKNOWLEDGMENT OF AMENCMENTS ~
TPo ct'eter acar:cewyas recast cf areend-tr4nts to tr.a Metiten f t cr'ers and related dce,,ments rutersus at,d cat >3 as fel. cwt hoi? Citers must set forth rull, acc;.we and commere ,morr~ation as te:wra QV tru Salwitat.cn uncuwn;; stic.~entti h v w att;
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tar ~ak,ng *atse state ~en:s in offers is ateunt,e.1in l8 t) S C IC01
RS-ADM-79-387 Page 4 B.12.
PRITERENCI' FOR LASCR SURPLUS AREA CON;ER:!s i (19"3 JUN) - ASPR 7-2002.13 This peccurenen; is n::
effer:r's status as such a cencer . =ay affe:: set aside fer laber surplus areaths H:vever, concerns.
- 1e offers
- nis or efter evaluation in ateerdah:e with the Buy American clause sclici;ation.
entitle =ent to award in case of of if th se circu=s:ances sh uld apply, the offer r cus; .ned cesi.
identify b
, ters)
, stent .cr substantial laber surplus area in which the c a::unt to nere than fifty percent (505) of the cen:rae: :-
price.
i Failure to identify the locatiens as specified
' of the offer:r as a labor surplus area concern.above will preclude e qsideration been qualified in the absence of such status, he ave will perfe cauae it to be perfer:ed, in at:crdance with the cbligations entails.
- ne wai centract Or s;ttus h such B.13 'JO:tti-CWED BUSINESS Concern is ((7 is not ((/ a woman-owned business.
A ucman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or we=en.
Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management.
For the purposas of th' is definition, businesses which are publicly owned, joint stock associations, and business trusts are exe=pted.
Exempted businesses may voluntarily represent that they are, or are not, vo=an-owned it this information is available.
B.14 PERCENT OF FOREIGN CONTENT The clferer/
after contractor the award vill represent (as an estimate), immediately of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract acceptable).
award price (accuracy within plus or minus 5 percent is t
B.15 PRISCIPAL PLACE OF PEPJOR&U!CE Of feror shall indicate street address, city, county and state in which work under this contract is to be performed.
Name of Facility Street Address City County State Zip Code s *
- g J
4
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P
{ *
. RS-ADM-79-387 Page 5 8.16. AUTHORIZED NEGOTIATORS Offeror shall furnish names and telephone numbers of personnel authori:cd to conduct negotiations and hold technical discussions under this solicitation:
(tiame - Contractual Matters) Telephone No.
(Name - Contractual Matters) Telepho,ne No. -
(Name - Iechnical Matters) Telephone No.
B.17. MAILING ADDRESS FOR PAYMENT of f eror shall indicate below the address to which payment should be mailed, if such address in different from that shown for the offeror /
contractor.
Office Street e
City State Zip Code l
mee
RS-ACM-79-387 Page 6 P
U. Pt73 Lac on PiirvaTr OnoastsAttoNs Fot TRa 7.
- Haworcaeran on !!axoscareta Ipotvta;;st.s tEsecute !! a small business set aside is in.
e volved elleible. and
) the offeror deerns hunsett to be lie is C a public or prin ate organuation for
' the handicapped of a handicapped inJmdu.
! al. as previo*d in the Small Dusineas Act, as i
amended, and the regulations of the Small
' Business Admtnuttation.
The term "public or private organantiert" la one "* * * !!) e nach is organited under the lass of the United States or of any State, operated in the triterest of handreacped in-Omduah, the net income of t hsch does not inure in whole or in part to the benefat of any shareholder or other indindual: titi thsch complies atth any applicaDie occupa-taonal health and safety standard prescribed by the Secretary of Labor; and tilt) uhtch, in the production of Commodttles and in the prontsion of services during any fiscal year
- In
- wht h it recettes financial Lutuance tender this subsection. employs handreapped individuals for not less than 73 per refttum of the man hours required for the produe.
' tion or provtsion of the commodities or ser-tiers.' * *"(!$ U S C Glec h'llH A))
The term " handicapped indstadual" rneans a "* *
- person t ho has a physical rnental, or emotional impastment, defect, attenent, daease, or disaentity of a perrnanerit nature which in ariy asy limits the selection of any type of ernployment for thtch the person would otherstse be cualified or quallflable
- * * "(13 Crit 118.:ttil (End of Nottee) e * ,
S e
- i w $
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s RS-ADM-79-387 i
SECTION C SOLICITATION INSTRUCTICNS AliD COfiDIT10fiS
. Pa9e 7
- 1. OEFINITICNS. 7. l. ATE Offi$, MOOlFIC ATIONS OF BtDS, OR WITHDRAWAL OF As used hereins B ID S.
(a) The term "solicitacion" rreans invitation for Bids (!FB) where (a) Any bid received at the o# ice designued in the solicitation after the procurement la adsertised and Request for Proposal (RFP) where the enact time speci6ed for receipt will not be considered unless it is ths procurement is negotiated. received before award is made and either:
(b). The terra "o#ct" means bid where the procurement is adver. (1) It was sent by regisiered or certined mail not later than the tised, and proposal where the procurement is neeotiated. 6fth calendar day pnor to the date speci6ed for the receipt of bids (c) For purposes of this solicitation and Block 2 of Standard Form (e s.. a bid submitied m response to a solicitauon requinns receipt of 33, the term "advernied" includes Small Busineu Restricted Adver. bide by the 20th of the month must have been nailed by the 15th or tiong and other types of restncted adsertising. . earlier p t or (2) It was sent by mail (or telegrare if authorised) and it is
- 2. PREPARATION OF OFFERS. determined by the Government that the late receipt was due solely to (c) ORerors are espected to examine the drawings, speci6 cations, mishandling by the Government after receipt at the Government Schsdule, and all instructions. Failure to do in will be at oderor's instaliation.
risk. (b) Any modi 6 cation or withdrawal of a bid is subject to the same (b) Each o#eror shall furnish the Information required by the cond4tions as in (a), above. A bid may also be withdrawn in person solicitanon. The o#eror shall sign the soliotation and print or type by a bidder or his authonred representauve, provided his idenuty is his name on the Schedule and each Continuation Sheet thereof on made known and he signs a receipt for the bid. but onle if the with.
which he makes an entry. Erasures or other changes must be initiated drawal is made pnor to the epact tirne set for receipt of bida.
by the penon signing the ener. OKers signed by an agent are to be (c) The only acceptable evidence to establish: -
accompanied by evidence of his authonty unless such evidence has (1) The date of roa. ling of a late bid, modi 6 cation, or withdrawal be n previounty furnished to the issuing office. sent either by regutered or certaned mail is the U.S. Postal Service (c) Unit price for each unit oHered shall be shown and such price postmark on both the envelope or wrapper and on the original receipt shall include packing unless otherwise speci6ed. A total shall be entered from the U.S. Postal Service. If neither postmark shows a legible date, in the Amount colurnn of the Schedule for each item ottered. In case the bid, modi 6 cation, oc withdrawal sha!! be deemed to have been of discrepancy between a unit price and entended price, the unit price mailed late. (De term "pos'.naik" means a printed, siamped, or other.
will be presumed to be correct, subject, however, to correction to the *** P acedl irnpression (e clusive of a postage rneter machine irnpres.
sama essent and in the sasse manner as any other trustake. sion) that is readdy id-ntinable without further acdon aa having been d supplied and abed een the date of inaihng by employees of the U.S.
be(co)nudered unicis authorized by the solicitauon.06ers for supplies or servues Postal Service.other than those The*efore, speofied oRerors shouldwillrequest not the postal clerk to (e) Oderor rnuit state a de6 nite time for delivery of supplies or Pl ace a band cancellation bulta-eye "pnstmark" on both the reteipt l and the envelope or wrapper.)
for(tp)erfortnante ofas Tirne. if stated services unless a number otherwise of days, specified will include in the stilicitation.(2) The time of receipt at the Government installation is the Saturdays, Sundays and hohdars. time.date stamp of such Installation on the bid wrapper or other (s) Code boats are for Cosernment use oniv, documentary e idence of receipt rnaintained by the installation.
(d) Notwithtanding (a) and (b) of this provision, a late modiA.
- 3. EXPLANATION TO OFFERORS. Any enplanation desired by en eation of an niberwise successful bid which makes its terros more j offerne rqarding the meaning or interpretation of the solicitatie n, favorable to trie Governenent will be :nnsidered at any tirne it is re.
trewings, specincations, etc., must be requested in writing and with ceived and raav be accepted.
auficiegt time allowed for a reply to reach oderors before the sub. Note: The term "telegrarn" includes mailerarns.
mmien of their enert Oral emplanations or instructions given before the award of the contract will not be binding Any informatie i given 8. LATE PROPOSALS, MOCIFIC/.fl0NS OP' PROPOSALS, AND l
to a prcipective olierer concerning a solicitanon will be furmshed to WITHORAWALS OF PHOFDSALS.
aJ1 proinecove enerors as an arnendrnent of the solicitation, il such (a) Any propmal received at the othee desirented in the solicita.
Information is nercisary to oNerors in submittin e6ers on the solicita. tiort af ter the enaet time spec 6ed for receipt will not be considered tion or if the lack of such information would he prejudscial to un. unle s it is received before award is snade, ands l informed oderers. (1) It was sent by regniered or certi6cd mail not later than the
- 4. ACKNOWLEDGMENT Otr AMENCMENTS TO SOLICITATIONS. feh calendar day pnor to the date speci6ed for rweipt of oders,(e g.,
an oder submitted m rc.p>rs, to a ichcitsur.n rqurmg receipt of Receipt cf an amendment ,o a ich' citation by an c6eror must be e#en by the 20th of the rannth rnust have been mailed by the ISth or l
acknowled#*d (a) by tirning nd seturning the amendment, (b) on cather);
rese three of Standard For-n 33, or (c) by letter or telegrars. Such (2) It was sent by rnail (or teleevam if authorised) and it is annowledstaent nuit be seceived prior to the hous and date specined detternined by the Covernment that the late seteipt was due solely for receipt of r4ers. to ruinhandhng by the Governrnent af ter receipt at the Government
- 5. SU2 Mis:10N OF OFFERS. ) (($'the only p (a) ONers and rnodi!ications thereof shall be enclosed in sealed b( Anv modi 6 canon Uposal received.
a proposal, escept a modiGcation resulting envslopes and addrrued to the office speci6ed in the sohcitation. The fro (m)the Contracting Ot5cer's request for "best and Anar* oder,is (Keror shall show the bour and date spmA*d in the schcitation for ject to the same conditions as in (a)(l) and (a)(2) of this provision.
i recMt the soliutanon cumber, and the name and address of the (c) A modd. cation result ng from the Contracting OfKcer s request ,
, oTerar en the face of tl.e envelope, for "best and Anal" oder received af ter the tirse and date spee: Red in l (b) Teletraphic oners wdl not be considered unless authorised by the request wdl not be considered unfeu received before award and the solidtaunnt however, cffers inay be mod:ned or withdrawn by the late receipt in due solely to mishandhng by tAs Covernment after wntten or telegraphic notwe, provided such notke is received prior to receipt at the Covernrnent installation, the hesut and date spec;6ed for receipt. (lloweser, ice paragraphs 7 (d) The only acceptable esidence to establisht ,
and BJ (!) The date of maihne of a late proposal or modi 6 cation sent
, (c) 54meles of items, when required, ruust be sutmitted within the either by realitered or certaned mail is the U.S. Postal Service poet.
tamt sp*ci6ed. and unless otherwne specined by the Government, at mark on both the envelope or wrapper and on the onginal receipt from n3 eipense to the Cosernroent. If not destrured by tetung, samp;cs the U.S. Pottal Service, If neither postrnark shows a lerable date, the will be returned at oderer's sequest and sepet se, unien otherwise propmal or mod.6 cation shall be deerhed to have been maaled late.
speci6ed by the schcitat on. ,( The term "pmunark" means a printed, tiarnped, or otherwise, placed bio as a n' P*Es p^p'liej*an 6 FAILURE TO SUDMIF OFFER if no oder le to be submitted, do .E'[,"
di ,d" nt ' 5a t out t l
not remtn the snlicitation unlete otherwise specined. A letter or post. abed on the data of snaihng by employees of the U.S. Pratal Service.
eard shall be sent to the issuing omte advinnt whether future sohc. Therefore, eneroes should request the postal c!#rk to plau a hand itata.ns for the t3pe of supphes er sermet twered by this salidtanon cancel! anon bull's eye "pustmark" en both the redpt and the envalepe are deered Failure *>f the redpient to eder, at to not.fy he Inulag othe that future schchatims are deured, n av result 'n rammal of or wegp,N,3e time of receipt at the Covernment lnetallation Is the (2) the r.ame elinch recipient fr$ m the maihug het fwr the type c'l sup;hes eline daie stamp of ich instaliat,on on the propnal wran er or other or ierw ei ces ered by ar e iohcitanon, docurrientary evidence of teteipt inahtained by tLe inst.dlat. ion, y tf ansanta Fosu 3Mine 3 7b hew W be GA. FPR (48 C? A) s.tttti
F
_._ ,_..-_.f
- SCION C - IEITIONS & COWITIONS, & hUrICES TO OFm0?S . PS-IN-79-387 l (e) LewithstandQOg,Qghd (c), of this provision, a late 3545), the Contract Weri HourNfinfarb Act f 40 U S c. 32b330),
modi 6 cation of an otherwise suceeuf ul propo+al which makes its terms and the Smice Centract Act of 190 (4I U.S C. 331-151) may be enore fasorable to the Government wdl be considered at any time it is votainto frota the Departeient of I aber, Washington, D C. 20210, or eccehed and rnay be accepted. frorn any regional office of that agency. Requem Iir infennation shculd (f) Proposals rnay be withdrawn by written or telegraphic notice include the solicitstion number, the name and address of the sisuing receised at any time prior ,to a=ard. Proposals may be withdrawn in agent 3, and a description of the supplies or scrucet perwn by an oFeror or his autnorised representative, presided his .
1
' sdentit, is inade known and he signs a receipt for the proposal prior 13. SELLER'S INVOICES. Invoices shall be prepares! and submitted to a= ard. sn qudruplicate (one copv shall be marked
- or.ginal") urdeis other.
Note: The term " telegram" includes mailgrams. wise speciAed. Invoices sha!! contain the following ir> formation: Con.
Note : The alternate late proposals, roodiAcations of proposals and tract and order number (if any), item numbers, description of supplies withdrawals of propmals provision prescribed by 41 CFR l-3.802-2(b) er services, sires, quantities, vnit pnces, and entended totals. Bdl of shill be used in lieu of provision 8,if specihed by the contract. lading number and weieht of shipment will be shown for shipments
- 9. DISCOUNTS. * * ' * " """*"' '
(a) Notwithstanding the fact that a blank is provided for a ten f10) 14. SMAlL BUSINESS CONCERN. A small business concern for the l day discount, prompt pasment discounts entred for payment within purpose of Gavemment procurement is a concern, anduding its afhh.
I as than twenty (20 calendar daye will not be considered in evalu.
ates, which as independently owned and operated, is not dominant in sting o6ers for awar)d, unless otherwise speci6ed in the scheitataan, the Acid of operation in which it is submitting o6ers on Government flowever, c6ered discounts of less than 20 davs will be taken if pay. contracts, and can further qualify under the entena concerntng num-ment is made within the discount pened, even though not considered her of employees. average annual receipts, or other cntens, as pre.
in the evaluation of oners. senbed by the Small Business Administration. (See Code of Federal (b In connection with any discount o#ered, time will be computed Regulation, Title 13, Part 121, as amended, which contains detailed fasm)date of delivery of the supplies to carner when dehveryindustry and dednitions and related procedures.)
aneptance are at point of origin, or from date of delivery at desti.
nation or port of embarkataon when delivery and acceptance are at 15. CONTINGENT FEE. If the oMeror, by checung the appropriate either of those points, or from the date correct invoice or voucher is bon provided therefor, has represented that he has emplo>ed or retained le received in the ofnce spaci6ed by the Governenent, if the latter date a company or person (other than a full time bona nde employee work.
I is laict than date of deliver). Payment is deemed to be made for the ing solely for the o#eror) to salic2t or secure this contract, or that he purpose rif estning the discount on the date of ma;hrig of the Govern. has paid or agreed to pay any fee, commuiion, percenure, or brokeage ment check fee ta any compr y or penan cont 2ngent upon or resulting frorn the
- 10. AWARD OF CONTRACT, award of this contract, he saall furnish. in daphute, a corapiet, Stand.
ard Fe 119, Contramis Staternent of Conungent or Other Fees If (a) The contract will be awarded to that reepsible o6eror who e eneror has presiously furnished a completed Standard Fonn !!9 to the oMer confonaint to the solidtation will be most advantageous to the ersce mm,rg this schcitatsun, he may accernpany his oder with a sig,ed Government, pnce and other factors considered stat rnsent (a) indicating when such corr.pleted forza was previmatp (b) The Governmant reserves the nght to reject any or all oRers furnished, (b) identifymg by number the pres sous sdicitation or con.
end to wase informalities and minor irregnalanties in oRers received. tract, if any, an connection with which such form was submitted, and (c) The Government may accept any stern or group of items of any (c) representing that the statement in such form is applicable to this oder, unless the o6eror quaMes his eMer by speciAc limitations, UN* e6er.
LESS OTilERW!$E PROVIDED IN Ti!E SCIIEDULE, OFFERS .
hfAY BE SUBMITTED FOR ANY QUANTITIES LESS TilAN 16. PARENT COMPANY. A parent entneany for the purpose of this Tl!OSE SPECIFIED; AND TilF. GOVERNMENT RESERVES offer is a compan7 which either owns or controls the actmaes and basic Tif E RICitT To hf AKE AN AWARD ON ANY ITEM FOR A ny (', ,j, , 3)n, T*
h' UANTITY LESS THAN THE QUANTITY OFFERED AT TIIE NIT PRICES OFFERED UNLL55 THE OFFEROR SPECIFIES
'/,",'[',,P
,$"g*,","y
- E((gMh of the voting richta in that company. To control another company, such w ite a at or e **""*P i' "* "4"' red; i,f another company is abt, to formulate, wise !urnished) to the successful oYernt within the time for acceptancelance determine, or veto basic of ORer) businessmasted pohey(or decisions oAer. o e eror, ga spec 4Aed in the o6er shall be deemed to result in a binding contract other company is considered the parent cornpany e e eror, without further action by either party control may be unused throvsh the use of dominant minonty voting The following paragraphs (e) through (h) apply only to negotiated 8h "' '
- I P ? I" I' '*" ' ' ' " 'I " ' " C'#"'""' * ' *
- h"'", ';
solicita tions- -
(e) The ' Government rosy accept within the tiree speciAed therein, 17. EMPLOYER'S IDENTIFICATION NUM!!ER. (Applicable only to triy oTer (or part thereof, u prouded in (c) above), whether or not advertised sohcitations.) The eneror shallinsert in the applicable space thare are negotiatierts subsequent to its receipt, unless the 06er is with, on the oder form, if be has no parent company, his own Empiover's Identineaiian Number (E..l. No ) (Federal Social Security Number
. trawn by wnteen notice received by the Government prior to award.
if subuquent neptiations are conducted, they shall not constitute a uwd on Employer's Quarterly Federal Tax Return, U S. Treasury rejecsion or counter o4er en the part of the Govertiment Department Form 941), or,if he has a parent company, the Employer's (f) The right is reserved to accept other than the lowest oder and IdentAcation Number of his parent company.
- to re}ect any or all oNere.
(s) The Government roav award a enneract based on initial oRers 18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.
received, without dneussion of such oners. Accordingly, each initial (a) His certincation on the oRet form is not applicable to a foreign oder should be submitted on the mnet favorable terms from a price oRcror submittmg an oMer for a contract which requires parfortnance and technical s'andpoins which the enerer can subnut to the Govern. or dehvery outside the United States, its poneuions, and Puerto Rico, mint.
(h) Any Anancial data submitted with any cJer hereunder or anf (b) An oder will not be considered for award where (al(l), (a)(3),
r7 presentation concerning facihties or Ananong will not form a part or (b) of the ceruAution has been deleted or triodined. Where (t)(2) of the certification has been deleted or modined, the e5er will net tw ci any resulting contraett presided, however, that if the resulting con
- considered for award unless the e6erc,r furnnhee with the oRet a t. ped tr:ct contains a clause prondmg for price reducton for defutive cost ce pricing data, the contract prwe will be subject to reduction if east statement which sets forth in detad the circurnstances of the disclosure and the head of the agency, or his desqnee. determmes that such dia.
or pocing data furnished hereunder is incomplete inaccurate, or not closure was not made for the purpose of restricting coropetition.
current
- 11. GOVERNMINT FURNISHED PROPERTY. No listerial, labor, o,' 19. ORDER OF PRECEDENCE. In the evene of an > consistency be.
fuihties will be furnished by the Government un *si ethermee pro- tween provisions of this schotation, the ince isistency sha;l be resolved vided for in the solicitation. by giving precedence in the following ord r (a) the Schedule; (b)
Soliotation Instrucoons and Conditions: 'c) General Presisions; (d)
- 12. LAtt0R INFORMATION. Ceneral infermation s garding the re. ether pressions of the contract, whett.er ecorporated by reference or eguirements of the Walsh Healey Psbhc Contracta Mt (41 U.S.C. otherwm, and (e) the speciAcations ataaeosnoioned D-A secs inev. 8-751 o u s ae.. . ..e e.. ..s ees. s e s s -a si 4 s e,a ea s e
e 4
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( f..-ADM-79-387 i
, Page 9 C.2 0 The follcwing is added to Clause 9. " Disc:un:s," Sutcaragraon (a):
For the purpose of bid evaluation, any pr: mat payment disc unt t
which is eligible (i.e., for a period of 20 days or more) for , consideration in the evaluation of bids pursuant to this paragraph will be acof fed directly to the price offered. For the purpose of payment, when the prcmot payment discount is earned, the full discount will be deducted, otherwise any pr: mot pay ent discount in excess of 5 percant will be c:nsidered l
+
by the Government caly as preest payment of 5 percent and any i percentage in excess of 5 percent will be c:nsidered as a special j l discount, which the bidder or offeror agrees that the Government 4 t
will be entitled to regardless of when payment is made. l
\
l C.21 Pursuant to the provisions c:ntained in Clause C.S. Paragraon (b),
I talegracnic bids are not authorized.
1 C.2 2 NCNOISCp!MINATION 9ECAU!E OF AGE (F3R 1-12.10011 It is the policy of the Executive Branch of the Government :na: (a) c:ntract rs and su:c:ntract:rs engaged in the :erfemanca of Feceral l c:n racts shall not, in c:nnecticn witn the empicyment, advancumsn:,
l or disenarge of emcloyees or in c:nnecticn with tne tams, c:nditicns.
l or privileges of their em:lcyment ciscriminata agains: :ers:ns cecause of their age exemp: ucen the basis, of a bcna fice occucational cualificatien, retirement plan, or sistutory recuirement, and (b) tha: c:n:rac::es j
and subc:ntrac :rs, er pers:ns acting on their behalf, shall not s:ecify, in s licitaticns or acvertisements for ecc1cyees to work en Governmen: c:n:ricts, a maximum age limit for saca em:loyment unless the speciftec maxtmum age limi: is tased u en a bona fica oc:::sti:nal
- ualif t
- sti:n, retirt en ;1an, er 5:2::::ry re:uirtmant.
C. 2 3,t1571NG OF EMP_LOYMENT CpatkG[(1-12.1102-21 Biddar: and offerers should nota that this solicitatien includes a provisien recuiring the listing of empicyeen: c;enings with the local office of tne Federal-State employment servics system where a c:ntract award is for
$2,500 or more. ,
C.2 4 TYDE OF CCNTRACT It is centamolatad that a fixed-price indefinite quantity type contract will be awarded. The contract will include all applicable terms and conditions as '
prescribed by the Federal Procurement Regulations. Standard Form 32, General Provisions (2/15/78 edition) and FPR Changes and NRC Additions to Standard Form 32.(6/76 edition) are attached and will form part of any resultant contract.
O t
i .
RS-ADM-79-387 Page 10 C.2 5 C07 !C 0F !N IRE 57 There are two param:un: principles which the C:.missien mus c:nsider in de:ar aining if a conflict of interes:' would exist by award of :nis work:
- 1. Oces the award in any way give rise to a c:nflic: :nat biases or .
prejudices tne results :na: the C: mission expects fr:m the pr: posed work;
- 2. '4culd the award put the centrac:ce in an unfair c:mpe:itive
> .advan:2ge with respec to other c:ntrac::rs.
In Order : assist the C:mmission in acolying the above two princi:les to su:mi::ed proposals, the offer:rs should des: ribe any significant centractual and organi:stienal relationsnics of the offer:r, its emoloyees or ex:ected sube:ntract:rs on tais c:ntract, witn industry anscctatiens (e.g., utilities, etc.) and su: pliers thertof (e.g.,
arent:sc: engineers and rese::r manufacturers, et:) wnich mign:
give rise to an apparent or actual c:nflict of interes: in tho' event of a c:n:rsc: award ta offerce. Examales of semo of the relatiensnins whien would be of concern to the NRC in this centax: are generally described in the a:: ached policy statement, attached hers:: as A :acamen: M.) .2. .
1 l C.2 6 SiALL 200:3!33 3I g 37;n:Ag:3 De Con:. acting Officer has de e-sined :na: :ne ma:arial described Numberis7392 nerein classified and aunder concern :Mewnese stan ard Classifica average annualicnr:eceipts Manual for as its preceding 3 fiscal years do not exceed $2 million is considered as l
small business concern.
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RS-ADM-79-;37 i . -
Page 11
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(FPRl-1-706-5(c))
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C.2 7 , Nones or Tom Swau. Bestseets $ct Ama f an General B6ds or proposals under thta prorvrement are solletted only from ill I
small business concerns and (3) etisible er.
l sanisations for the handicapped and hands.
l capped individuals under the Small Busa.
i neas Act. The stocurement ta to be awarded i only to one or more such toneerns. otsaniza-I tions. or individus!4. This action is base 1 on j e determmation by the Contracting Officer.
alone or m conjunction mth a representa. l '
live of the Small Dusiness Admmistration.
l that it is in the Interest of maintaming or moon!!aans the Nattori a full productive es.
paesty. or in the interest of war or national '
defense programs, or in the interest of aa.
suring that a f air proportion of Ooternment procutement la placed with small businest l c6 ncerns, or in the interest of statsting elis1 t
ble orgstuaations for the handicapped and handicapped individsats. Bids or precesals recented frors others 3:11 be considered nan-responsive-l tbl Ce/imtitons. The terra "small bunness
! eentern" means a concern, meludans ata al.
f:llates wheen La independently caned and operated,is not dominant in the field of op, erstion in onsch 64 is endome on Caern.
ment con traet t, and enn further qualify under the ertteria set forth in the retuna.
tions of the Small Duamens Administration 113 CMt 131.J 4). In addittort to meeting these enteria, a manuf acturer ne a regular desier tutmittmg bedt or propostis in n64 can name must aeree to furman in the per.
formance of the contract end items msnu.
factured or produced in the United Etates, its territories and posacssiana, common.
mealth of Puerto Ptles, the Trust Territory of the Pselfie Islans and the District of columbia er small sus.ricie eencernt tao.
i tided. That this aAsational requirerrent des not appir m eennection with construe-tion or settice restisets.
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RS-ADM-79-387 Page 12 C.28 PROPOSAL DRESENTATION AND FORMAT
- a. Pr:::sals will be typewritten er re:r:du:ed en le::er'si:e sa:er and will be legible in all required :: pies. Unne:essarily elaterate br::hures cr c:her presentati:ns tey:nd that suffi:ient to present a :::plete and l
effe::ive procesal are no- desirec and may be :enstrued as an indication of the effer:r's la:k f ::s: ::ns:iousness. Ilat: rata at:
> works, expen:ive paper an bin:ing, ex:ensive visual and ::ner
- presen:2:icn aics are nei:ner necessary n:r casirec. .
,. b. In order :: ::ndu:: the evalua:1cn as exceditiously and as ::::re-hensively as pessisle, ne Governmen: casires : a: efferers res::nd in a:::r:an:e wi n :na guicelines se: 'or:n below:
Pr:::sals summi::ad in res::nse :s :nis Re:ues- for Pr:;: sal shall be in wo (2) par:s:
A "Te:hnt:a1 Pr::: sal" and a "Cos- Pr :esal." Suhm!: fur (4):::ies of each. Each cf the sar s snail be sc:arata and ::=cle:a in liiiTI~
s: :na evaluation of one may be a:::::lisned in:c:encen:1y cf :ne evalua:icn of :ne c:her. All c::e=ents submit:ce snall have a ::ver page w1:n :ne identifying RFP -1:le, :ne soli:1: :icn num:nr, and nama f :ne offarcr. '
(1) TI Hn! CAL PRO:05AL - (See :na follcwing :aragra:h 3 . C.31 for specific Ibiitent requirements.) The " Technical Proposal" shall not contain any reference to cost. Resource information such as data concerning Tab'or hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the " Technical Prc:csal" so : hat offer:r's understanding of the s::;e of work may te evalua:ad. '
.(2) COST PRODOSAL - The contra::ar shall u:111:e the 0:: lens)
For= cy, Cen:rac:ing Pricing Pr::esal (Resear:n anc Devele: men:)
in su:mit:ing nis c:s: pr:: sal. Offerers may, h: wever, su:mi:
- ne ne:essary information in a differen ferma: wnere :ne eff arcr's t
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RS- AD.'t 387 Page 1-ac::unting sys:am makes the use of tne f:rm t:Oractical, or wnen recuired for a more effective and efficien: cresents:1:n cf c:s:
inforestion. In eitner instance, tne inf:r:stien furnisned snail include pertinen cetails sufficient to shew the elements cf c:s:
upon wnica tne t:ts1 c:s: is predicstad.
Cost will be evalua:ad en reas nablenes:, validity and reliabili:y.
If your rec:rds are currently under audit c:gni:ance of a Gcvern- '
ment audit agency, the adcress and telegnene of :na: offica sneuld be furnished. One (1) c:py of the : chnics1 and c:s: Or::csal shall be submi::sd by the offerer to the c:gni: ant Gcverr.=en: audit agency c:ncurrant with the submit:21 of :ne prepcsal t: tne NRC.
C.29 TECR'ItCAL 2RC90!AL CONT?tT_
rne effer:r shall submi with his :nchnics1 ;r::: sal full and. c:::le:s inf:rma:icn in the creer sa: f:rth belcw :: :ermi: :ha Gcvernmen: :: taka
- a :: r:ugn. evalua:icn and a s und detarmina:i:n ::a: the ;r::: sed a::r:aca will have a russenable likalthecs of meeting :ne recuirements and cbjectives of this =r:curement in ac::r:anca wita :ne evalua:1:n cri aria sa: f:r:n uncer ;sragraph 20 cf this secti:n.
3:s:smen:3 whica pars:hrasa the s:::e cf wert witacu ::== nica:ing the s:ecific innovation cre:csed by tne offerer er s: stamen:: :: :ne effec:
- na: :ne offer:r's uncert::nding can or will ::::1y wita :he s ::a of wcri may :e c:ns rved as an indica:icn of na cffsr:r's lack :f uncars:sncing of :ne sc:;e of wor.4 snd Ocjectives.
The tac..nical :r::csst shall sa fcrth a: a minimum the foll:uing:
(1) Discussien- of :no s:::e af' work requirer.ent: :: suts:an:tata :he offirce's uncert:ancing of ne ;r:01tm snc his ;r,;:c:ed ce:nce cf a:pr:aca :: mee: tne c: jet:1ve.
(2) Discussion Of tne effer:r's sa:erienes in :ne conduct of the proposed counseling. . List clients for whom this service has been provided including the contract numbers and Government and private sector points of centact.
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(3) In:1uce risumes for al1 :r:fe=aienal perf:rman=a of any resultin; :ntra::. ers:nnel : he utili:ed in the Include e:uesti:nal ba:k-creund, 1:e:ific pertinent worx e.t:erien:a and a list of any per-inen-
- - - - --.. puoli:2:icn: au:n= rec by the indivicual.
, (4) Indi:ata potan:tal ;r:blen areas an: :he a;;r:a':h t he :2 ken :: res:1ve I
said areas. .
(5) 5:staments of any in:ar;re:2.ti:ns, ro:uirtment:, or assu ::icns .ade t
.by ne efferce.
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, RS-ADM-79-387 r
Page 14 C30 E8!!!NE55 MAN'G . EAT REOUIREMENTS y
e' A. COSTPROEbSM.:
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' Offeror's ces: proposal shall be submitted on Optional Fcr= 50 or
'similar>ct:.at, .:a::cr:ed by ne:essary schedules and ci::::enta icn,
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oin:1uding N: not. limi te: :: the following:
Naterial
" A denfled listing of items including the cuality, basis
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'.:1 ::s: estimate, unit ::st, and scur:es of ::st. '
d.aber .
- The'batis for the estimated hours broken down by a , ,
category a-d task, and :ne source of lah:r rates.
Indire : 0:s: - The @ ur:e and basis cf deta =ina:icn of all .indire::
s e c:s:s. /- .
Tray 1 . - A brsakd:wn of all travel by :-ips, segre;a:ing all-
,~ tran:.;cr:atien and per diem ::s:s. A copy of :.e cfficiia', hvern;.en: appr: val of the' effer:r's :rzv:1
, , policy if
- Offer:r's :grir avel e:!,' cr in lieu thereof, a : py of :. e policy.
1 C ner - ine effer:r's ' fiscal ac::unting period (Fiscal Year) and be name'. acdr:ss, and -ne teleen ne nu=cer of s
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the ef fer:r's ::ent:an: Govern =an: audi: agency.
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- 3. Ths c.nagement asce::s snall in: luce tu and any c:.:a pertinen: :here:o: nc: be limi ad to the fellowing p -
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- 4. Man 49emnt organization andatructure delineating areas of responsibility and authority'under the proposed effort, escecially those of the project menager,
- b. Or?:edures for project management's review of work in procress and
, for ccordinating with the NRC Contracting Officer's Technical Repre sentative l
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RS-ADM-79-387 Page 15
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, C.31. NOTICE OF PROPRIETARY INFORMATION In cases where an offerar wants technical data included in the !
proposal to be used only for purpose of evaluation, he must '
specifically identify the data by marking the title page with the following restrictive legend:
The data, described below, contained in this proposal shall be used, duplicated, or disclosed only for NRC
- evaluation purposes and this notice shall be applied .
to any reproduction or abstract of such data. This restriction does not apply to data if the data: (1) is generally available to the public, (2) is already available to the Government on an unrestricted basis, (3) becomes available to the Government from another source, including the proposer, without restriction, ,
or (4) is required to be publically disclosed pursuant ..
to the Freedom of Information Act (5 U.S.C. 522). This notice covers the following data: (Here described in detail the location of the material claimed to be prcprie-tary - list specific pages or paragraphs, as appropriate. -
, general statements will not be acceptable.)
The submitter must also mark each sheet of data which he wishes to restrict with the following legend:
- Use or disclosure of the technical data on this page is subject to the restriction of the title page of this proposal.
C.3 2 DISPOSITION OF FROPOSALS After award of contract one copy of each unsuccessful proposal will be retained by NRC, Division of Contracts, and, unless otherwise notified by the offeror, all other copies will be destroyed. "
C.33 PITSCY AC'2 Iw uw CI'W " '
d This procurement action does require the Contractor to operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31,1974 (5 U.S.C. 552a).
Specifically, the Contractor must maintain training records as to individuals counseled and the number of completed sessions for each individual. This information will be maintained for reporting requimments only during the life of the contract and it shall be returned to the NRC upon j completion of the contract.
RS-ADM-79-387 Page 16 SECTION D - EVALUATION FACTORS FOR AWARD D.1 AWARD OF CONTRACT Notwithstanding paragraph 10 entitled " Award of Contract" of the 6
Standard Form 33A, the award of any resulting contract will be made to that responsible offeror within the meaning of the Federal Procurement Regulations 1-1.12, conforming to the solicitation which will be most advantageous to the Government, cost and other L
factors considered. Selection of the successful contractor will I be based upon the evaluation criteria set forth under paragraph D.2.
Also, offerors are advised of the possibility that award may be made without discussion of proposalt received and, hence, that proposals should be submitted initially in the most favorable terms, from a cost and technical standpoint.
D.2 U ALUATION OF PROPOSALS l
I The following evaluation criteria, with assigned evaluation weightings and listed in descending order of precedence, will be considered by the NRC in the evaluation of your proposal:
.. D.2.1 EXPERIENCE 60 Points A. Experience of Contractor Personnel to be Assigned to this Project l-Demonstrated Career Counseling Capabilities and (40 Points)
E xperiences -
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experience in working with individuals on a 20 "one to one" basis as. opposed to working with individuals in group sessions (the proposed effort will not involve group sessions) working knowledge and experience with federal 18 employees working knowledge and experience with private 2 sector employees
- 2. Qualifications (10 Points) l educational background - general 5 educational background - career counseling 5
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'RS-ADM-79-387 Page 17 _
SECTION0-EVAL'UATION[FACTORSFORAWARD(Continued)
D.2 EVALUATION OF PROPOSALS (Continued) 0.2.1 EXPERIENCE (Continued)
B. Experience of the Firm
- 1. Work Experience of the firm in the (10 Points) field of career counseling D.2.2 _ TECHNICAL 30 Points A. Completeness and Adequacy of Technical Proposal and Approach (15 Points)
B. Understanding of the work statement (10 Points)
C. Knowledge of NRC's Organizational Structure and Overall Mission (S Points)
D.2.3 ItANAGEMENT 10 Points-A. Project Scheduling, Planning and (10 Points)
Structure TOTAL WEIGHT OF ALL WEIGHTED FACTORS -
100 POINTS C
r Y
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m SIANDAfD FOhA 36. NLY 1966 Aff. NO O' 0 % L!iNG CONTD. pagg op
?E E "Of',L"CM T.ygN CONTINUATION SHEET RS-AD!1-79-387 18 Nw.! OF CffiAca CR CONIKACOR If1M NO. SUP*US$/52RVICTS QUANTITY UNIT UNIT PRICE AMOUP.T PART II - THE SCHEDULE SECTION E - SUPPLIES / SERVICES AND PRICES ESTIMATED ONE HOUR SESSIONS 400 EA $ $
1 The Contractor shall provide the necessary qualified personnel, materials, and services to provide career counseling for minimum of one hundred (100) NRC voluntary participants -
with reports in accordance with SECTION F.
2 Ootional One (1) year extension of the services 400 L4 $ $
SECTION F _ DESCRIPTIONS / SPECIFICATIONS F.1 The Contractor shall provide career --
counseling for a minimum of one hundred (100) NRC voluntary participants.
Counseling sessions shall be held on an individual basis. There shall be a total of four (4) sessions provided for each voluntary participant. Each session shall run for a one hour period, F .1.1 The Contractor shall offer an appropriate interest inventory test or other career counseling methodology or instruments to each voluntary participant and shall discuss the results with these participants
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as an integral part of the counseling.
F .1. 2 The Contractor will prepare an evaluatic n form which will elicit from each volunta ry participant a rating of the quality of counseling received in respect to the objectives of F.1.3. below. Such evaluation shall maintain the anonymity of each participant and it shall provide the statistical basis for the reporting requirements of F.1.4 and F.1.5.
F .1. 3 The objectives of the counseling shall be as follows:
Provide each voluntary participant with -- -
(a) An increased awareness of skills, interests and aptitudt n-io. u-,.->.u...
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. no roa# 36. JULY 1766 "
l' ct.st.en CONTINUATION SHEET eso .oc.u ac.in vicrs tems:onen cuii-i.io' RS-ADM-79-387 19 NAM 4 QF Cff tRC4 C. CONTUCTOR ,
ITM No. $ypotIE5/5tavlCZ5 - QUANTITY UNIT UNIT PRICE AMOUNT (b) Clarification of values and priorities (c) Goal setting abilities both short and long term (d) An understanding of obstacles to career planning (e) An understinding of the process o'f career decision making -
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4 RS-ADM-79-387 Page 20 F*1*4 On a quarterly basis, the Contractor shall provide the NRC with the following (1) names of all voluntary participants counseled, (2) the number and dates of all counseling sessions completed, and (3) brief discussion of session results.
No individual identification of participants these reports.to particular results will be provided in F .1. 5 The ' Contractor shall provide oral presentations and written reports to the NRC at the midpoint and at the end of
- ' the contract. The oral presentations and reports shall be based on' the number of sessions, the number of voluntary participants counseled, and the results of the evaluations required in F.1.2. which have been received to date.
F.2 GOVERNMENT FURNISHED PROPERTY AND MATERIALS
!Upon execution of this contract, the following property and materials"will be
- furnished by the NRC for use-in performance of this contract:
I
'(a) Private office space as required (not to exceed two .(2) o'ffice spaces) with desk three-(3) chairs and telephone service for each office space i
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, (b) Lists of indiv.tduals with telephone" numbers, office locations and othe'r
.; items necessary to locate individuals to. arrange appointments for ' counseling.
l These lists should only be used by the Contractor as a methcd of locating and arranging for sessions with voluntary partic-ipants and as a method of accounting for individual utilization of the counseling services. These lists will-be returned to the NRC upon the completion _of the contract.
l-SECTION G - PRESERVATION AND PACKING G.1 PRESERVATION AND PACKING All materials to be delivered hereunder shall be afforded the degree of 1 packaging (preservation and packing) required to prevent deterioration and/or. damages due to hazards of shipment, handling, and storage. Such packaging shall be accomplished in such a manner as to insure acceptance by common carrier and safe delivery at destination.
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RS-ADM-79-387
,Page 21 SECTION H - DELIVERIES OR PERFORMANCE H.1 PERIOD OF PERFORMANCE The period of performance under this contract shall be for a period of twelve (12) months from award of contract.
H.2 OPTION TO EXTEND THE PERIOD OF PERFORMANCE This contract may be extended for a period of one (1) year at the '
unit price set forth under SECTION E, Item 2, at the option of the Government, by the Contracting Officer giving written notice of the Government's exercise of such option to the Contractor not later than the last day of the term of the contract. The Contracting Officer may give preliminary written notice of an intent to exercise such option within thirty (30) days prior to the last day of the term of the contract; such preliminary notice shall not be construed as an exercise of the option. If the Government exercises such option, the total duration of this contract, including the exercise of any
, option under this clause, shall not exceed two (2) years.
, H.3 TIME OF DELIVERY
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H.3.1 The quarterly reports specified in Section F, Subsection F.1.4 (total of 4 quarterly reports) shall be delivered to the C0AR at the end of each quarter of the contract period.
H.3.2 The two (2) verbal presentations and written reports specified in Section F, Subsection F.1.5 shall be delivered at mid-point and at the end of the contract period. (It should be noted that the second and fourth quarterly reports and the mid-point and end reports equal only two reports).
H.4 PLACE OF DELIVERY The articles to be furnished hereunder shall be delivered to the Contracting Officer's Authorized Representative (to be designated after award of .
contract), Nuclear Regulatory Commission, Washington, DC 20555.
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RS-ADM-79-387 Page 22 SECTION I - If;SPECTION AND ACCEPTANCE
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I.1 Inspection and acceptance of the supplies and service's tobe furnished hereunder shall be made at destination by the Contracting Officer's Authorized Representative.
SECTION J - SPECIAL PROVISIONS J1 ESTIMATED OUANTITY - _
The number of career counseling sessions reflected in SECTION E is a minimum quantity of the services to be provided hereunder. The Contractor shall furnish such stated minimum and, if and as ordered, any additional quantities not to exceed 500 sessions.
J.2 GOVERNMENT FURNISHED PROPERTY (sim YE') (FPR 1-7.393-7(c))
a.
The Government shall deliver to the Contractor, for use only in ccnnection with the contract, the property described in the schedule or specifications (hereinafter referrred to as " Government-furnished property"), at the times and locations stated therein. If the Government-furnished property, suitable for its intended use, is not so delivered to the Contractor, the Contracting Officer shall, ucon timely written request made by the Contractor, and if the facts warrant such action, ecuitably adjust any affected provision of this contract pursuant to the procedures of the " Changes" clause hereof. ,
b.
Title to Government-furnished property shall remain in the Government.
The Contractor shall maintain adequate property control records of Government-furnished property in accordance with sound industrial practice.
c.
Unless otherwise provided in this contract, the Contractor, upon delivery to him of any Government-furnished property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of this ,
i Contr3C .
- d. The Contractor shall, upon completion of this contract, prepare for !
shipment, deliver f.o.b. origin, or dispose of all Government- :
furnished property not consumed in the performance of this contract I or not theretofore delivered to the Government, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or paid in such other manner as the Contracting Officer may direct.
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RS .MR-79-387 Page 23 J.3 KEY PERSONNEL In accordance with Clause 44 of this contract, following individual (s) are considered to be essential to the conduct of the work being perfomed herein, and shall not be replaced without the prior written approval of the Contracting Officer. In such event, the Contractor shall agree equal to replace suchand qualifications individual with a person possessing substantially abilities.
(T0 BE INSERTED AT AWARD)
J.4 PRIVACY ACT (FPR l-1.327-5 (c) )
(a) The Contractor agrees:
(1) To ccuply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, develcEnent, or operation of any system of records on individuals in order to accc=olish an agency function when the contract specifically identifies (i) the system or systers of records and (ii) the work to be performed by the contractor in ' arms of any one or cc:mbination of the follcuing: (A) design, (B) develcprent, or (C) operation; (2) to include the solicitation notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation when the statement of work in the proposed subcontract recuires the design, develeprent, or operation of a system of records on individuals to aw uglish an agency function; and (3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design, develourent, or operation of such a system of records.
(b)
In the event of violations of the Act, a civil action ray be brought against the agency involved where the violation concerns the design, ,
develement, or operation of a system of records on individuals to am elish an agency function, and criminal penalties ray be inposed upon the officers or eployees of the agency where the violation concerns the operation of a system of records en individuals to acccrrplish an agency function. For purpses of the Act when the contract is for the operation of a system of records on individuals to acccuplish an agency function, the contractor is considered to be an exployee of the agency.
(c) The terms used in this clause have the follcwing meanings:
(1) "Cperation of a system of records" reans performance of any of the activities associated with maintaining the sys*wm of records including the collection, use, and disseminaticn of records.
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(2)- " Record" means any item, collection or groupin about an individual that is reaintained b,y an agency,g J.nclu:ung,
.of information i
but not limited to, his education, financial transactions, medical history, and criminal or employment history and that_contains his rame, or the identifying ntrrber, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.
(3) " System of records" on individuals neans a group of any records
-u . der the control of any agency from which infor: ration is retrieved by the name of the individual or by scnn identifying ntrrber, sy:rbol, '
er other identifying particular assigned to the individual.
It is anticipated that the only Privacy Act interaction the Contractor will have under this procurement will be in relation to the list of names provided by the NRC which identify the individuals who will be the voluntary participants in the service to be provided by the Con-tractor. The Contractor will use this list of names to contact individuals to set up counseling sessions and to record for training purposes the number of counseling sessions performed and the dates of such sessions. All such information and the lists of names themselves will be returned to the NRC by the Contractor at the comple-tion of the contract.
J.5 PRIVATE USE AND PPUTEION OF U:CIASSIFIED QMeg msg A. Except as specifically authorized by this contract, or as othenvise approved by the Contracting Officer, records or other information, documents and material furnishing by the Commission to the Contractor in the performance of this contract shall be used only in connection with the work performed under this contract.
i The Contractor shall, upon completion or termination i of this contract, transmit to the Commission all i records or other information, documents and material,
- and any copies thereof, furnished by the Commission to the Contractor. Data developed by the Contractor
- in the performance of this contract shall not be returned to the Cormission and if any such data con-tains personal identifiers of the voluntary parti-cipants in the counseling program such personal identifiers shall be removed from the data.
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RS-ADM-79-387 Page 25 J.5 PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION (Continued)
B. The Contractor shall be responsible for safeguarding frca unauthorized disclcsure any inforation or other doct:nents and raterial exempt frcm public disclosure by the Ccnmission's regulations and made available to the Centractor in connection with the perfocance of wrk under this c'entract. The Contractor agrees to confonn to all regulations, '
recuirements, and directions of the Ccnmtssion with respect to such raterial.
C. The Contractor's duties under this clause shall not be construed to lirait or affect in any way the Centractor's obligation to confor:a to all security regulations and recuirerents of the Ccnmission per'h-g to classified infomation and raterial.
SECTION K - C0;; TRACT ADMINISTRATION DATA K.1 AUTHORIZED REPRESENTATIVE The Contracting Officer may designate one or more authoriled representatives under this contract .for the purpose of assuring that the supplies and/or services required under the contract are delivered, in accordance therewith. Such representatives as may be appointed will be specifically designated in' writing by the Contracting Officer.
i(.2 Billino Instructions Generai. The contractor shall submit vcuchers or invoices as prescribed herein.
Fo m. Claims shall be submitted on the payee's letterhead, invoice or i on tne Government's Standard Fom 1034 "Public Vcucher for Purchases and :
Services Other Than Personal," and Standard Fom 1035 "Public Voucher for Purchases Other Than Perscnal -- Continuation Sheet." These foms i are available frcm the Government Printing Office, 710 North Capital Street, Washington, DC 20801.
Number of Cocies and Mailinc *ddress. An original and six copies shall be sucalttaa to NRC offices icentified belcw.
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^ RS-ADM-79-387
- Page 26 Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Precaration and Itemization of the Voucher. The voucher shall be prepared in inx or typewriter (witnout strikeovers) and corrections or erasures i must be initialed. It must include the following:
(a) Payor's name and address. (i) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Co=.ission, Division of Accounting, Office of the Controller, ATTH: GOV /CCM Accounts Sections, Washington, DC 20555. (ii) Address 2 coofes to: U.S. Nuclear Regulatory Cctmission, ATTN: E. L.
Halman, Director, Divisicn of Contracts, Washington, DC 20555 (iii) The cricinal coov of the voucher should indica:e that (2) cocies nave oeen foraaroec to :ne Contractino Officer.
(b) Voucher number.
(c) Date of voucher.
(d) Contract numoer and date. -
(e) Fayee's name and address. (Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then insert the name and address of the payee.) _
(f) Description of articles or services, quantity,' unit price, and total amount. . _ . . .
(g) Weight and zone of shipment, if shipped by parcel post.
(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express. *
. (1) . Instructions to consignee to notify Contracting Officer of receipt of shipment.
(j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency normally used by tne contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
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RS-ADM-79-387 Page 27 SECTION L - GENERAL PROVISIONS L.1 This contract is subject to the Fixed Price Supply Contract General Provisions, dated February 15, 1978, which incorporates the Standard Form-32 (Rev 4-75) General Provisions and FPR Changes and Additions to Standard Form 32-General Provisions (June 1976), attached hereto and made a part hereof by this reference. .
L.l.1 FFR Changes and NRC Additions to Standard Form 32 General Provisions is further modified as follows: .
! L.l .l .1 Clause No. 22 entitled " Utilization of Labor Surplus Area Concerns" is deleted in its entirety and substituted with the attached clause entitled " Utilization of Labor Surplus Area Concerns (FPR l-1.805-3)"
in lieu thereof.
'L;1.1.2 Clause No. 32 entitled " minority Business Enterprises Subcontracting Program" is deleted in its entirety.
L.l .l.3 Clause No. 33 entitled " Preference For U. S. Flag Air Carriers" is deleted in its entirety.
L.l .l .4 Clause entitled " Key Personnel" is hereby added as Clause No. 44 PART III --LIST OF DOCUMENTS AND ATTACHMENTS SECTION M - LIST OF DOCUMENTS AND ATTACHMENTS M.1 This solicitation contains the following attachments:
M .l .1 Fixed Price Supply Contract General Provisions, dated February 15, 1978,
, which incorporates the Standard Form 32 (REV 4-75) General Provisions
-and FPR Changes and Additions to Standard Form 32 General Provisions
' ( June,1976) .
.M.I.2 _ General Statement of Policy Regarding the Avoidance of Contractor Organi:ational Conflicts of Interest.
c i M.l.3 C.ptional Fonn 60, Contracting Pricing Proposal (Research and Development)
' RS-ADM-7'9-387 Page 28 Clause No. 22
- UTILIZATION OF LABOR SURPLUS AREA CONCERNS (FPR 1-1.805-3)
(The following clause is applicable if this contract exceeds ($10,000.)
(a) It is the policy of the Government to award contracts to labor surplus area concerns that agree to perform substantially in labor surplus areas, where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his i best efforts to place his subcontracts in,accordance with this ;
policy.
(b) In ccmplying with paragraph (a) of this clause and with paragraph (b) of the clause of this
- contra'ct entitled " Utilization of Small Business Concerns," the Contractor in placing his subcontracts shall observe the following-order of preference: (1) Small business concerns that are labor surplus area concerns, (2) other small business concerns, and (3) other labor surplus area concerns. .
(c) (1) The term " labor surplus area" means a geographical area identified by the Department of Labor as an area of concentrated unemployment or underemployment or an area of labor surplus. -
(2) The term " labor surplus area concern" means a concern that together with its first-tier subcontracts will perform substantially in labor surplus areas.
(3) The term " perform substantially in a labor surplus area" means ,
that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price. ,
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ATTACHMENT NO. M.1.1 2/15/78 Consisting of Pages 1 through 23 CENERAL PROVISION FIXED PRICE SUPPLY C0ffrRACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 20 attached thereto.
ARTICLE TITLE PAGE 1
1 Definitions..................................................... .
Changes......................................................... 1 2
Extras.......................................................... 1 3
4 Variation In Quantity........................................... 1 Inspection...................................................... 1 5
6 Re spo ns ib ility Fo r S upp lies . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
7 Payments........................................................
Assignment of Claims............................................ 2 8
Additional Bond Security........................................ 2 9
10 Examination of Records By Comptroller Cencral. . . . . . . . . . . . . . . . . . . 2 2
11 Default.........................................................
3 12 Disputes........................................................
13 Notice and Assistance Regarding Patent and Copyright Infringement.................................................. 3 3
14 Buy American Act................................................
4 15 C o nv i c t La b o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Contract Work Hours and Safety Standards Act -
Ov e r t im e C cmp ensa t1o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Walsh-Healey Public Contracts Act............................... 4 17 4
18 Eq ua l Op p o r tuni ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
O f fi cials No t To Bene f it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19 20 Covenant Agains t Contingent Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 Utiliration of Small Business Concerns.......................... 5 22 U tilisation o f Labor S urplus Ar ea Concerns. . . . . . . . . . . . . . . . . . . . . . 5 ,
23 U tilization of Minority Business Concerns . . . . . . . . . . . . . . . . . . . . . . . 5 P ricing o f Ad j us tments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 24 25 Payment of Interes t on Contracto rs ' claims. . . . . . . . . . . . . . . . . . . . . . 5 26 Alterations..................................................... 6 27 Listing of Employment 0penings.................................. 6 28 Employment of the Handicapp ed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 29 Clear Air and Water............................................. 10 30 Federal, State and Local Taxes.................................. 11 31 Te rmination For Convenience of the Cove rnment . . . . . . . . . . . . . . . . . . . 12 32 Minority Business Enterprises Subcontracting Program. . . . . . . . . . . . 17 33 Pr ef erence For U. S. Flag Air Carriers. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 No tice To the Government of Labor Disputes . . . . . . . . . . . . . . . . . . . . . . 18 35 Pern1ts......................................................... 19 36 Renegotiation................................................... 19 37 Pa t e n t I n d emni ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 38 Reporting Royalties............................................. 20 39 No tice Re garding La t e Deliv e r7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 -
F
)
f GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.)
ARTICLE TITLE' PAGE 40 Stop Work Order ............................................. 21 41 Publication and Publicity ................................... 22 c 42 Dissemina tion of Contract Information . . . . . . . . . . . . . . . . . . . . . . . 22 43 Wo rk fo r Ot he rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8
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GENERAL PROVISIONS (Supply Contract)
- 1. der 1NmoNs without Iimitation raw materials, rem ponents, intermediate As used throughout this contract, the following terms shall assemblies. and end prnducts) shall he subject to inni etion and have th meaning set forth below: test by the Government, to the extent pructicable nt all times and (a) The term " head of the agency" or " Secretary" as used places including the period of manufacture, and in any event prior heren means the Secretary, the Under Secretary, any to acceptance.
Assistant Secretary, or any other head or assistant head (b) In case any supplies or lots of supplice are ilefective in of the executive or military department or other Federal material or workmanship or otherwise not in conformity with the agency; and the term "his duly authorized representative" requirements of this contract, the Government shall have the means any person or persons or board (other than th right either to reject them (with or without instructions as to Contracting OScer) authorised to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Secretary. of supplies which have been rejected or required to be corrected (b) The term " Contracting OScer" means the person executing shall be removed or,if permitted or required by the Contracting this contract on behalf of the Government, and any other OScer, corrected in place by and at the expense of the Contractor oScer or civilian employee who is a properly designated promptly after notice, and shall not thereafter be tendered for Contracting Oscer; and the term includee, except as other- acceptance unless the former rejection or requirement of corree-wise provided in this contract, the authorised repnsenta- tion is disclosed. If the Contractor fails promptly to remove such tive of a Contracting Oscar acting within the lirnits of his supplies or lots of supplies which are required to be removed, or authority. promptly to replace or correct such supplies or lots of supplies.
(c) Ezeept as otherwiss provided in this contract the term the Government either (i) may by contnct or otherwise replace
" subcontracts" includee purchase orders under this or correct such supplies and charge to the Contractor the cost contract. occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract
- 2. Cn AM25
- entitIed " Default." Uniess the Contractor corrects or replaces The Contracting OScer may at any tin e. by a written order, such supplies within the delivery schedule. the Contracting OScer and without notice to the sureties. make changes, within the gen- may require the delivery of such supplies at a reduction in price cral scope of this contract,in any one or more of the followingt which is equitable under the circumstances. Failure to arree to (i) Drawings designs, or rpecincations, where the supplies to be such reduction of price shall be a dispute concernmg a question furnished are to be specially manufactwed for the Government of fact within the meaning of the clause of this contract entitled is accortiance therewith; (!!) method of shipment or packing; "D sputes."
and (iii) place of delivery. If any euch change causes an increase (c) If any inspection or test is made by the Government on the or dnrease in the cost of, or the time required for, the perfom- pnmises of the Contractor or a subcontractor, the Contractor rnce of any part of the work under this contract, whether changed without additional charge shall provide all reasonable facilities or not changed by any such order, an equitable adjustrnent shall ard assistance for the safety and convenience of the Governme be made in the contract price or delivery schedule, or both, and inspectors in the performance of their duties. If Governmen the rentract shall be modiSed in writing accordingly. Any damm by i spe tion cr test is made at a peint other than the premises of the Contractor for adjustment under this e!2une most be amurted the Contractor or a subcontnctor, it shall be at the expense of within ::0 days from the date of receipt by the Contractor of the the Govemment except as otherwne provided in this contract:
rati!! cation of change: Provided. Aawever. That the Contracting Provided. That in case of rejection the Goverrtment shall not be OSeer, if he decides that the facts justify such action, may re- lidle for w dh in Mus of mpb M s mMu ceive and act upon any such claim asnerted at any time prior to with such inspection or test. All inspections and tests by the Cnal payment under this contract. Where the cost of property Government shall be performed in auch a manner am not to unduly made obsolete or excess as a result of a change is sneluded tn the delay the work. The Government reserves the right to charge to C1ntractory claim for adfastment, the Contracting Oscer shall the Contractor any additional cost of Government inspection and have the right to prescribe the manner of disposit2on of such test when supplies are not ready at the time such inspection and propetty. Failun to agree to any adjustment shall be a dispute test is requested by the Contractor or when reinspection or retest
' "*""
- 9""*I * *I fact within the muning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this contract entstled "D.isputes " However, nothing in this clause , gg g thall excuse the Contractor fnm proceeding with the contract as eacept as otherwise provided in this contruet; but failure to <
- Inspect and accept or reject supplies shall neither relieve the
- 3. ErnAg Contractor from responsibility for such supplies as are not in acedance with th connact .Wmenu nor knpe HaWy Except as otherwise provided in this contrset, no payment for
'" O' U"""* " *
- extras shall be made unless such extras and the price therefor have been authori:ed in writing by the Contracting OScor. (d) The inspection and test by the Government of any supph. es or lots thereof does not relieve the Contractor from any responsi.
- 4. VUUATION IN QtfANTTTy bility regarding defects or other failures to meet the Contract No variation in the quantity of any itam called for by this con. requirements which may be discosered prior to acceotance.
tract will be accepted unless such variation has been caused by Except as otherwise provided in this contract, acceptance snati conditions of loading, shipping, or packing. or allowances in be conclusive except as regards latent defects, fraud, or such menufacturing processes, and then only to the extent, if any, gross mistakes as amount to fraud.
specikf elsewhere in this contract. (e) The Contractor shall provide and maintain :in inspection system acceptable to the Government envering the supplies
- 5. INartcTroN her-under. Records of all inspection work by the contractor (a) All supplies (which term throughout this clause includes shall be kept complete and available ta the Governmrnt during .
$rANDARO Fuene 32 (Rev. 44M 12 10e 1 PSC"I'd IPY OIA+IPEIII CIIII*IOOI
]
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l surety fails to furnish nports as to his nnanesal enndition from
( the performance of this contract and for auch longer period as may be specined elsewhere in this contract.
time to time as requested by the Government, the Contructor shat!
promptly furnish such additional security as may be required
- 6. RestoNs sts.tTT ron Surn.tr.s from time to time to protect the interesta of the Government and Except as otherwise provided in this contract, (1) the Con- of persons supplying labor t,r materials in the prosecution of the tractor shall be responsible for the supphes covered by this work oontemplated by this contract.
contreet until they are delivered at the de<irnatad delivery point, 10. EX AMIN ATION Or Reconos sy Cuxeracu.rs Gor.nat.
regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by (a) This clause is applicable if the amount af this contract the Government or rejection and giving notice thereof by the exceeds 810.000 and was entered into by means of nes:..tistion.
Government, the Government sha!! be responsible for the loss or including small business restricted advertismg, but is not appli.
destruction of or damage to the supplies only if such loss, cable if this contract was entered intn by means of formal destruction, or damage resulta from the negligence of officers, advertising.
trenta, or employees of the Government acting within the scope (b) The Contractor agrees that the Comptroller General of the of their employment; and (iii) the Contractor shall hear all risks United States or any of his duly authorized representatives shall, as to rejected supplica after notice of rejection, except that the until the expiration of 3 years after nnat payment under this
' Government shall be responsible for the loss, or destruction of, e' contract or such lemmer time spneined in either A ppendis M of Ihe damage to the supplies only if suen loss, destruction nr damage Armed Services Procurement Regulation or the Federal Prneure -
results from the grosa negligener of omeers. arenta. or employees ment Regulations Part 1-20, as appropriate. have access te and cf the Government acting within the scope of their employment. the right to examine any directly pertinent banks, doe'iments,
- papers, and records of the Contractor involving transactions re-t paygmy, lated to this contract, The Contractor shall be paid, upon the submrssion of proper (c) The Contractor forther agrees to include in all his sub-inv.oices or vouchers, the pnees stipulated herein for supplies contracts hereunder a provision to the effect that the subcontrae.
delivered and accepted or services rendered and accepted, less t r agrees that the Comptroller General of the United States or deductions, if any, as herein provided. Unless otherwise spedfied, any of his duly authorized representatives shall. until the expira.
payment will be made on partial deliveries accepted by the Gov- I' " *I 3 years after anal payment under the subenntract or such trnment when the amount due on such deliveries so warrants; leuer t.ime specified in either Appendis M of the Arnwd Services cr. when requested by the Contractor, payment for accepted par- Procurement Regulation or the Federal Procurement Regulations tial deliveries shall be made whenever such payment would equal Part 14. as appropriate, have access to and the richt to esamine or eseced either 31,000 or 50 percent of the total amount of this any d,rectly i pertment bonks, documents, papers. and records of
,ontract. suen subcontractor, involving transactions related to the sub-
- 8. Assicwumy or Ct.AtMS contract. The term " subcontract" as used in this clause excludes (1) purchase orders not exceeding $10.000 and (2) subcontrarte (a) Pursuant to the provisions of the Ansignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C.15), if this or purchase ortiers for public utility services at rates estabhshed for uniform applicability to the g-neral public.
contract provides for payments aggregating 31,000 or rnere, claims for moneys due or to become due the Contractor from the (d) The periods of access and exarr.ination descrihad in (b)
Government under this contract may be assigned to a bank, trust and (c), above, for reenrds which relate to (1) appeals under company, or other Ananeing institution. including any Federal the " Disputes" clause of this contract. (2) litigstian or the lending areney, and may thereafter be further assigned and settlement of claim: arising out of the performance of this enn.
reassigned to any such institution. Any such assignment or re. tract, or (3) costs and expenses nf this enntract as to whrh ex.
casignment shall cover all amounts payable under this contract ception has been taken by the Comptroller General or any of his End not already paid. and shall not be made to more than one duly anthorized representatives, shall eontinuc until such appeals.
party, except that any such assignment or reassignment may be litigation, claims, or exerptions have been disposed of.
made to one party as agent or trustee for two or more parties g
participating in such anancing. Unless otherwise provioed in (a) The Gove.rr nent may, subject to the provisions of para.
this contract, payments to an assignee of any moneys due or to gnph (e) below, by written notice of def ault to the Cnntractor, become due under this contract shall not, to the extent provided terminate the whole or any part of this contrset in any one of in said Act. as amended be subject to reduction or setoff. (The the fonowing circumstances: .
, preceding sentence applies only if this contract is made in time of (1) If the Contractor fails to make delivery of the supplies nr war or national emergen y as denned in said Act and is with the to perform the servir,s within the time specified herein or any Department of Defense, the General Services Administration, the extenminn thereaf: or Energy Research and Development Administration, the National (ii) If the Contrsetor fails to Iwrform any of the othat pro-Aeronauties and Space Administration, the Federal Aviation visions of this contrnet. nr no fails to make proeress as to Administration. or any other department or agancy of the 1*nited endanger performane.. nr this cantract in neenrdance with its States desienated by the President pursuant to Clause 4 of the prnvoo of section 1 of the Assignment of Claims Act of 1940. as terms and in either of these two cirrumstances el .es not rure such failure within a period of 10 days (or such innece period (
amanded by the Act of May 16,105t. 65 Stat. 41.) as the Contraetme Omcer may authorire in writing) after (hl In na event shall copies of this contrnet nr of any plans. receipt of notice frorn the Contractme Offierr slwifyme such
- speci$ cations. or other similar documenta relating to work under faHure.
this contract, if marked " Top Secret."" Secret." or " Confidential."
ha furnished to any assirnee of any claim arising under this (b) In the event the Government terminates this contract in whole or in part as prnuded in pararrsph (al of tho elause, th-enntract or to any other person not entitled to receive the same, Government may procmr. upon such terms and in auch manner However, a enpy of any part or all of this contract so marked may as the Contracting Officer may daam appropriate, supplice nr he furnished, or any information contained therein may be dis, service s milar in those no terminated, an I the Contractor shnit ein=ed, to s9eh assirnee upon the prior written authorization of be liable to the Government for any eves, cnsts for pueh similar the Contracting Omeer.
supplies or services: Frariefe,f That the Contracter shall continua
- 9. AnottroN st. Ror:n SEcranY the performance of thi= mntract to the estent not terminated If any sure?y upon any bond furnishad in connection with this under the provisions cf this clause.
contract becomes unacceptable to the Government or if any such (c) Except with remeet to defaults of subcontrartors. the STaNoaRD FOmu 32 (n o.7tg g s
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Contractor shall not be IIable for any excess costa if the failure to ing Omcer, who shall reduce his decision to writing and mail or perform the contract arises out of causes beyond the control and otherwise furnish a copy thereof to the Contractor. The decision without the fault or negiigence of the Contractor. Such causes of the Contracting Omeer shall be anal and conclusive unless, may include, but are not restricted to, acts of God or of the public within 30 days from the date of receipt of such copy, the Con.
enemy, sets of the Govemment in either its sovereign or con. tractor mails or otherwise furnishes to the Contracting OScer tractual capacity, fires, f'oods, epidemies, quarantine restrictions, a writt*n appeal addressed to the Secretary. The decision of the strikes, freight embargoes, and unusually severe weather; but Secretary or his duly suthorized representstive for the determs.
in every case the failure to perform must be beyond the control nation of such appeals shall be final and conclusive unless de-end without the fault or negligence of the Contractor. If the termined by a court of competent jurisdiction to have been failure to perform is caused by the default of a subcontractor, fraudulent, or capricious, or arbitrary, or so grossly erroneous and if such default arises out of causes beyond the control of both as necessarily to tmply bad faith, or not supported by substantial the Contractor and subcontractor, and without the fault or evidence. In connection with any appeal proceeding under this negligence of either of them, the Contractor shall not be liable clause, the Contractor shall be afforded an orportunity to be fer any excess costs for failure to perform, unless the supplies heard and to offer evidence in support of its sppeal. Pending or services to be furnished by the subcontractor were obtainable final decision of a dispute hereunder, the Contractor shall proceed from other sources in sumeient time to permit the Contractor to diligently with the performance of the contrset and in accordance meet the required delivery schedule, with the Contracting Omcer's decision.
(d) If this contract is terminated as provided in paragraph (b) Tbis " Disputes" clause does not preclude consideration of (a) of this clause, the Govemment,in addition to any other rights law questions in connection with decisions provided for m para.
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provided in this clause, may require the Contractor to transfer graph (a) above: Provided. That nothing in this contract snail be title and deliver to the Govemment, in the mannar and to the construed as making final the decision of any admmistrative extent directed by the Contracting Of5eer, (i) any completed omeial. representative. or board on s question of taw.
supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs. Ihtures, plans, drawings, information, 13. NOUCE AND ASSISTANcz RtcAxo No PArcNT w o and contnet rights (hereinafter called " manufacturing ma. Corrarcar INrRrNCEMENT terials") as the Contractor has speci6cally produced or spe. The provisions of this clause shall be applicable only if the cifically acquired for the performance of such part of this contract amount of this contract exceeds $10,000.
as has been terminated; and the Contractor shall upon direction (a) The Contractor shall report to the Contracting Omcer.
of the Contracting Oscer, protect and preserve property in promptly and in reasonable written detail, each notice or claim posse =sion of the Contractor in which the Government has an of patent or copyrignt infringement based on the performance of interest. Payment for completed supplies delivered to ano ac. this contract of which the Contractor has knowledge.
ecpted by the Government shall be at the contract price. Payment (b) In the event of any c!sim or suit stainst the Government far manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infrmeement Government and for the protection and preservation of property arismg out of the performance of this contract or out of the use shall be in an amount agreed upon by the Contractor and Con. of any supplies furnished or work or sernees performed here-tracting Omeer; failure to agree to such amount shallbe a dispute under, the Contractor shall furnish to the Govemment, when concerning a question of fact within the meaning of the claume of requested by the Contracting Omcer, all evidence and information this contract entitled " Disputes." The Government may withhold in possession of the Contractor pertaimne to such suit or claim.
fmm amounts otherwise due the Contractor for such completed Such evidence and information shall be furnished at the expe
- supplies or manufacturing materials such sum as the Contneting of the Government except where the Contractor has agreer Omcer determines to be necessary to protect the Government indemnify the Government.
sgainst loss because of outstanding liens or claims of former tien holders. 14. BtrY AMEmcAN Ac?
(el if, after notice of termination of this enntnct under the (a) In acquiring end products. the Buy American Act (41 U.S.
provisions of this clause, it is determined for any reason that the Code 10 a-4) provides that the Government gne preference to Contractor was not in default under the provisions of this elsuse, domestic source end proitucts. For the purpose of this c!suse:.
or that the default was excusable under the provisions of this (i) " Components" means those articles. materials, and sup.
clause. the rights and obligations of the parties shall,if the con. plies, which are directly incorporated in the end products; tract contains a clause providing for termination for convenience (ii) "End prod 2ets" means those articles, materials, and cf the Government, be the same as if the notice of termnation supplies, which are to be acquired under this contract for public had been issued pursuant to such elause. If, after notice of termi. use; and ,
nation of this contract under the previsions of this clause, it is (Ili) A " domestic soune end product" means (A) an un.
determined for any ressen that the Contractor was not in default manufactured end product which has been mined or produced under the provisions of this clause. and if this contract does not in the Umted States and (B) an end product manufsetured in contain a clause providing for termination for convenience of the the United States if the cost of the components thereof which ,
Government, the contrsct shall be equitably adjusted *.o compen. are mined, produced, or manufactured in the United States ex.
sete for such termmation and the contract modified accordingly; ceeds 50 percent of the cost of all its components. For tha fai lure to narre to any such adjustment shall be a dispute con. purposes of this (a)(iii)(B), components of foreien origin of ePrning a question of fact within the meaning of the clause of this the same type or kind as the products referred to in (h)(ii) nr enntract entitled " Disputes." (iii) of this clause shall be treated as components mined, pro-(f) The rinchts and remedies of the Government provided in this duerd. nr manufactured in the United States.
claume shall not be esclusive and are in addition to any other (b) The Contractor screes that there will Im. driiverad under rirhts and remedies provided by law or under this contract. this contract only domestic soune end products. ewept end (g) As used in parsgraph (c) of this clause. the terms "sub. products:
contractor" and "subcentractors" mean subcontrsetor(s) at (i) Which ara for use outside the United States; any tier. (ii) Which the Government determines are not mined, pn*
duced. or manufacturad in the United States in suiGeient and
- 12. mst m s reasonably svailable commercial qvtantities and of a :mtist actory (a) Except as otherwise provided in this contract. any dispute quality; concerning a question of fact arising under this enntract which (iii) As to which the Secretary determinee tne dameme is not disposed of by agreement shall be decided by the Contract. preference to be inconsistent with the public interest; vr ,
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(iv) As to which the Secretary determines the cost to the interpretatiens af the Seerstary of labor which are now er may Government to be unrussonable. hereafte- be in efect.
(The foregoing requinments are administered in accordance with Executive Order No.10580, dated December 17, 1954.) 18. equal OrrorwNtTr
- 15. CONVICT haOs (The following clause is applicable unless this contract is es.
empt under the rules, regulations. and relevant orders of the In connection with the performance of work under this contmet, Secretary of labor (41 CFR, ch. 60).)
the Contractor agrees not to employ any person undergoing sen-During the performance of this contract, the Contreetor agrees tence of imprisonment at hard labor except as provided by Public as follows:
1ew BS-176, September 10,1965 (18 U.S.C. 408:(c)(2)) and Ezeeutive Order 11765, December 29,1973. (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,
- 16. CONTMACT WOaK Hocaa ao SArm STANDAaDE ACT- i i . e n ke drmaN adon to OvsnTtxt CowerNaATsoN en8un t at appucants an enspW. and tw emNom an Th.s contract, to the extent that it is of a character specified tasted during employment, without regard to their race, color, in the Contract Work Hours and Safety Standards Act (40 U.S.C. al gion, sex, or national origin. Such action shall incluoe, but not 327-433), is subject to the following provisions and to a!! other be limited to, the followmg: Employment, cpgradieg, demotion, cpplicable provisions and exemptions of such Act and the regula. or transfer; rueruttment or neruitment advertising; layoff or tions of the Secretary of Labor thereunder. termination; rates of pay or other forms of compensation; and (a) Overtime requirementa No Contractor or subcontractor selection for training, including apprenticeship. The Contractor contracting for any part of the contract work which may regul" agnes to post in conspicuous places, available to employees and or involve the employment of laborera, mechanies, apprentices, applicants for employment, notices to be provided by the Con-traineca, watchmen, and guards shall requin or permit any tracting Oscer setting forth the provisions of this Equal Oppor-tunity clause.
hborer, mechanie, appnntice, trainee, watchman, or guard in eny workweek in which he le employed on such work to work in (b) The Contractor will, in all solicitations or advertisements for employees placel by or on behalf of the Contractor, state excess of eight hours in any calendar day or in exeems of forty that all qualifted applicants will receive consideration for em-houn in such workweek on work subject to the provinicus of the Contract Woric Houn and Safety Standards Act unless such ployment without regard to race, colcr, nligton, sex, or national kborer, mechanie, apprentice, train-e, watchman, or guard re- oris cerves compensation at a rate not less than one and one-half times (c) The Contractor will send to each labor union or represents.
his basic rate of pay for all such hours worked in excess of eight tive of workers with which he has a collective bsrgaining agw-hours m any calendar day or in excess of for:y houn in such ment or other contract or understandmg, a notice. to ba provided workweek, whichever is the greater number of oeertime hours. by the agency Contracting Omeer, advising the labor union or workers' npasentative of the Contractor's commitments under (b) Violation; liability for unpaid wages; liquidated damages. this Equal Opportunity clause, and shall post copies of the notice In the event of any violation of the provisions of paragraph (a),
the Contractor and any subcontractor nsponsible thenfor shall in conspicuous places available to employees and appliennts for employment.
be liable to any affected employee for his unpaid wages. In addi-tion, sucr. Contractor and subcontractor shall be liable to the (d) The Contractor will comply with all provisions of F.zeeu-United States for liquidated damages. Such liquidated damares tive Order No.11246 of September 24, 1965, as amended by Executive Order No.1137'. of October 13.1967, and of tha rules, snail be computed with respet to each individual laborer, replations, and nlevant . rders of the Secretary of Labar.
mechanie, apprentice, trainee, watchman. or cuard employed in (e) The Contractor will furnish all information and reporta violation of the provisions of paragraph (a) in the sum of SID nouired by Executive Order No.11240 of September 24, 1965, for each calendar day on which such employee was required or as amended by Executive Order No.11375 of October 13,19G7, permitted to be employed on such work in excess of eight houn and by the rules, regulations. and orders of the Secretary of er in excess of his standard workweek of forty hours without pay- Labor, or pursuant thereto, and will permit access to his books, ment of the overtime wages required by paragraph (a).
records. and accounts by the contracting agency and the Secretary Ie) Withholding for unpaid wages and liquidated damares. The of Labor for purposes of investigation to ascertain compliance Contracting Omeer may withhold from the Government Prime with such rules, regulations, and orders.
Contractor, from any moneys payable on meccont of work per- (f) In the event of the Contracter's noncompliance with the formed by the Contractor or subcontrzetor, such sums as mar Equal Opportunity clause of this contract or with any of the administratively be determined to be necessary to satisfy any said rules, regulations. or orders, this contract may be canceled, lithilitica of such Contractor or subcontractor for unpaid wages terminated, or suspended,in whole or in part, and the Contractor and ligt. dated damages as provided in the provisions of para- may be declared ineligible for further Government cimtracts in graph (o).
accordance with procedures authorized in Executive Order No.
(d) Eubcontrueta. The Contractor shall insert paragraphs (a) 11246 of September 24,1965. as amended by Executive Order No.
through (d) of this clause in all subcontracts, and shall require 11375 of October 13. 1967, and such other nanetions may be im-their inclusion in all subcontracts of any tier. posed and remedies invoked as provided in Executive Order No.
(e) Records. The Contractor shall maintain payroll records 11246 of September 24,19G5, as amended by Executive Order No.
containing the information specified in 29 CFR 516.2(a). Such 11375 of October 13.1967, or by rule, regulation, or order of the records shall be preserved for three years from the completion Seentary of Labor, or as otherwise provided by law.
ef the contract. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless
- 17. WALsH.Hr_Altx Pt'nuC CONTRACTS ACT exempted by rules. reculations, or orders of the Secretary of If this contract is for the manufacture or furnishinc of Labor issued pursuant to section 204 of Executive Order No-materials, supplies, articles, or equipment in an amount which 11:46 of September 24.1965, as amended by Executive Order No.
saceeds or may exceed 310,000 and is otherwise su3 ject to the 11375 of Octob-r 13,1967, so that such provisions will be binding Walsh-Healey Public Contracts Act. as amended (41 U.S. Code upon each subcontractor or vendor. The Contractor will take such W45), there are hereby incorporated by reference all represen- action with respect to any subcontract or purchsee order as the tations and stipulations required by said Act and ngulations contracting agency may direct as a means of enforcing such i; cued thenunder by the Secretary of Labor, such representa- provisions including manetions for noncompliance: Provided, tions and stipulations being subject to all applicable rulings and however. That in the event the Contractor b eemes involved in, STANDARD FOW 32 (N 4-rH 4 o
9
1
. i
- I I
tr is threatened with, litigation with a sobe:ntract:r er vamfor small businaas concerns; (2) othsr cartided-eligibts concerna with as a reenit of such direction by the contracting agency, the Coa- a Srst preference; (3) certified +lisible concerns with a sceand tractor may request the United States to enter into such litigation preference which are also small busineas concerns; (4 other to protact the interests of the United States. certined. eligible concerns with a second preference; (5) per-
- 19. Orrict4t.s Not To BcNErrt sistent or substantial labor surplus area concerns which are also No member of or delegate to Congress, or resident Commis- small business concerns; (6) other persistent or substantial labor sioner, shall be admitted to any thare or part of this contract, or surplus area concerns; and (7) small business conecrns which are not labor surplus area concerns.
to any beneat that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corpo. 23. UtruzAMON Or MINoa:TT Bt stNEss ENTrararsEs ration for its general benent. (a) It is the policy of the Government that minority business
- 20. CortNANT AGAINST CoNttNCENT Fess enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts.
The Contractor warrants that no person or seillng agency has been employed or retained to solicit or secure this contract upon (b) The Contractor agnes to use his best edorts to carry out an agreement or understand.ng for a commission, percentag%
this pnlicy in the award of his subcontracts to the fullest extent brokerage, or contingent fee, excepting bona Ade employees or consistent with the cificient performance of this contract. As hona $de established commercial or selling sitencies maintained used in this contract, the term " minority business entenrise" by the Contractor for the pumose of securing business. For means a business, at least 50 percent of which is owned by breach or vioistion of this warranty the Government shall have minority gToup members or. in case of publicly owned businessen, at least 51 percent of the stock of which is owned by minanty the right to annu! this contiset without !!abiljty or in its disen- group members. For the purposes of this de5nition, minonty tion to dedoet from the contract price or consideration, or other-group members are Negroes. Spanish-speaking Amenean persons, wise recover, the full amount of such commisanon. percentage, brokerage. or contingent fee. American-Oriertals. Arnerican-Indians. Amenean-Eskimos and Amenean Aleuts. Contractors may rely on written representa.
- 21. UTruzarton or Swar.t. Bt:stNtsa Concerns tions by subcontractors regarding their status as minonty busi-(a) It is the policy of the Government as declared by the Con- usa enterprises in lieu of an independent investigation.
gnsa that a fair proportion of the purchases and contracts for 24. PurctNC cr ADJt:sTMENTs supplies and services for the Government be placed with small When costs are a factor in any determination of a enntract business concerns.
price adjustment pursuant to the Chacres clause or any other (b) The Contractor agrees to accomplish the maximum amount provision of this contract, such costs shall be in accordance with of subcontracting to small bosmens concerns that the Contractor the contract cost principles and procedures in Part 1-15 of the
$nds to be consistent with the escient performance of this Federal Procurement Reguistions (41 CFR 1-15) or Section XV contract.
of the Armed Services Procurement Regulation, as applicable,
- 22. UtruzATroN or LAmos Stranxs Azra CONCERNS which are in erTeet on the date of this contract.
(a) It is the policy of the Government to award contracts to 25. PAYMENT or INTEREST nN CONTRACroRS* CLAIMS labor sunius aren concer is that (1) have been certined by the (a) If an appeal is Aled by the Contractor from a final decision Seentary of Labor (hereafter referred to as certifled-eligible of the Contracting Omcer under the Disputes clause of this con.
concerns with Arst or second preferences) regarding the employ- tract, denying a claim ansing under the contract. simple interest ment of a proportionate number of disadvantaged individcals and on the amount of the claim nnally determined owed by the Govern-have agreed to perform substantially (i) in or near sections of ment shal! be payable to the Contractor. Such interest shall
- concentrated unemployment or underemployment or in persistent the rate determined by the See etary of the Treuury pursua or substantial labor surplos atens or (ii) in other areas of the Public Law 92-4t. 85 Stat. 37. from the date the Contractor fur.
United States, respectively, or (2) are noncertiSed concerns nishes to the Contracting OSeer his wntten appeal under :ne which have agreed to perfmn substa.mally in pmistent or sub- Disputes clause of this contract to the date of (1) a Anal judr-stantial ! abor surplus aress, where tnis can be done consistent ment by a court of ecmpe'ent juriviirtion, or (2) mailin r to the with the efSeient performance of the cont met and at prices no Contractor of a supplemental agreement for execution either con-higher than are obtainable einewhere. The Contractor agrees to $r ning comoieted negotiations betwe-n the parties or carrymg use his best ederts to place his subcontracts in meeordance with out a decision of a board of contract appeals.
this policy. (b) Notwithstanding (a), above, (1) interest shall be applied (b) In complying with paragraph (a) of this clause and with only from the date payment was due if such date is later than paragraph (b) of the clause of this contract entitled " Utilization the filing of appeal, and (2) interest shs!! not he paid for any of Small Business Concerns" the Contractor in placing his sub- permd of time that the Contractinr Omcer determines the Con- '
contracts shall observe the foDowing order of preference: (1) tractor has unduly delsyed in pursuing his remedies before a CertiSed-eligible concerns with a Srst preference which are also board of contract appeals or a court of competent junsdiction.
e
. . . . m m . . w. . . . . . . . r .-i . u . m .. . . 5 sT4Nonno sonu 22 <a 4-m
Contractor shall not be liable for any excess costs if the f ailure to ing Omcer, who shall reduce his decision to writing and mail or perform the contract arises out of causes beyond the control and otherwise furnish a copy thereof to the Contractor. The decision without the fault or negligence of the Contnetor. Such causes of the Contracting Omcer shall be anal and conclusive unless, may include, but are not restricted to, acts of God or of the public within 30 days from the date of receipt of such copy, the Con.
enemy, acts of the Government in either its sovereign or con. tractor mails or otherwise furnishes to the Contracting Omcer tractual capacity, nres, f!oods, epidemics, quarantine restrictions, a written appeal addressed to the Secretary. The decision of the strikes, freight embargoes, and unusually severe weather; but Secretary or his duly authonzed representative for the determs.
in every case the failure to perform must be beyond the control nation of suen appeals shall be anal and conclusive unless de.
cnd without the fault or negligence of the Contractor. If the termined by a court of competent jurisdiction to have been failure to perform is caused by the default of a subcontractor, fraudulent, or caprietous, or arbitrary, or so grossly erronmus and if such default arises out of causes beyond the control of both as necessanly to unply had faith, or not supported by substantial the Contractor and subcontractor, and without the fault or evidence. In connection with any appesi proceeding untier thin negligence of either of them, the Contractor shall not be liable clause, the Contractor shall be arforded an opportunity to be fir any excess costs for failure to perform, unless the supplies heard and to offer evidence in support of its appeal. Pending er services to be furnished by the subcontractor were obtainable final decision of a dispute hereunder, the Contractor shall proceed from other sourtes in suscient time to permit the Contractor to diligently with the performance of the contrset and in sceordance rneet the required delivery schedule. with the Contracting Omcer's deession.
(d) If this contract is terminated as provided in paragraph (b) This " Disputes
- clause does not preclude consideration of (a) of this clause, the Covernment,in addition to any other nghts law questions in connection with decisions provided for in para.
provided in this clause, may require the Contractor to transfer graph (a) above: Provided. That nothing in this contract anall be title and deliver to the Government, in the manner and to the construed as making final the decision of any administrative sxtent directed by the Contracting Oscer, (i) any completed omezal, representative, or board on a question of law, supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, Jigs. Axtures, plans, drawings, information, 13. Nortcz AND AsstsTANcr RECAaDING PATENT AND and contract rights (hereinafter called " manufacturing ma, CorrntCHT INrR NCEMENT tenals") as the Contractor has speci5cally produced or spe. The provisions of this clause shall be applicable only if the cineally acquired for the perfortnance of such part of this contract amount of this contract exceeds $10.000.
as has been terminated; and the Contractor shall, upon direction (a) The Contractor shall report to the Contnetine Omcer.
cf tte Contracting Omcer, protect and preserve property in promptly and in reasonable wntien detail, each notice or claim possenion of the Contnetor in which the Government has an of patent or copyrignt infnngement based on the performance nf interest. Payment for completed supplies delivered to and ac. this contract of which the Contractor has knowledge, cepted by the Government shall be at the contract price. Payment (b) In the event of any claim or suit srainst the Government far manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infrinrement Government and for the protection and preservation of property arising out of the performance of this contract or out of the use shall be in an amount agned upon by the Contractor and Con. of any supplies formshed or work or sernees performed here-tractine Omeer; failure to arree to such amount shall be a dispute under, the Contractor shall furnish to the Government, when concerning a cuestion of fact within the meaning of the cIsuse of requested by the Contracting Omcer, all evidence and information this contract entitled " Disputes." The Government may withhold in possession of the Contractor pertainmg to such suit or eisim.
from amounts otherwise due the Contractor for such completed Such evidence and information shall he furnished at the exp**-~
supplies or manufseturing materials such sum as the Contracting of the Government except where the Contractor has agreet Omeer determines to be necessary to protect the Government indemnify the Government.
against loss because of outstanding liens or claims of former lien holders. 14. BtrT AMrJUCAN ACT (e) If sfter notice of tennination of this enntract under the (a) In acquiring end products. the Buy American Act (41 U.S.
provisions of this clause. it in determined for any reason that the Code 10 a-4) provides that the Government gne preference to Contractor was not in default under the provisions of this c!suse. domestie source end pro.iuets. For the purpose of thin eisuse:.
or that the default was excusable under the provisicas of this (i) " Components" means those articles mater:s!s. and sup.
clause. the rights and obligations of the parties shall. if the con- plies, which are directly incorporated in the end products; tract contains a clause providing for termination for convenience (ii) "End praiucts" means those articles, materials, and tf the Government, be the same as if the notice of termination supplies, which are to be acquired under this contract for public hid been issued pursuant to such ciause. If, after notice of termi. use; and ,
nition of this contract under the provisions of this clause, it is (lii) A " domestic source end prodnet" means ( A) an un.
ditermined for any reason that the Contractor was not in default manufactured end prnduct which has been mined or produced under the provisions of this claume, and if this contract does not in the United States and (B) an end product manufsetured in contain a clause providing for termination for convenience of the the Ur.ited States if the cost of the components thereof which c Government, the contract shall be equitably adjusted to compen. are mined, produced or manufacturtwl in the United States ex.
cte for euch termination and the contract modified accordingly; ceeds 50 pereant of the cost of all its components. For tha fadure to sarve to sny much adjustment shall be a dispute con. purposes of this f a) fiii)(B) components nf foreien origin of cerning a question of fact within the meaning of the clause of this the same type or kind as the products referred to in (h)(ii) nr enntract entit!cd " Disputes." (iii) of this clause shall be treated as components mineet pro.
(f) The rights and remedies of the Government provided in this duced. nr manufactured in the United States.
claume shall not be etelusive and are in addition to any other (b) The Contractor agrees that there will In deliv. rad uneler rirhts and remedias provided by law or under this contract. this contract only domestic source end products. evept end (t) As used i. panrraph (c) of this clause. the terms "sub. products:
enntractor" and "subenntractors" mean subcontnetor(s) at (i) Which ara for use cutside the United States; any tier. (ii) Which the Governrnent determines are not mineil. Un*
duced, or manufseturad in the Unded Staten in sumcient and
- 12. Disrtitts reasonably vailsble eummereialquantities and of a mtistartmy Ia) Except as otherwise provided in this contract, any dispute quality; concerning 3 question of fact arising under this enntract which (iii) As to which the Semtary i?cterminee the* dameshc is not disposed of by streement shall be decided by the Contract. preterence to be inconsistent with the ;*ublic interest; vr j
3 smcaas row n th a-m
FPR CHANGES AND NRC ADDITIONS TO STANDARD W RM 32 (1-16.101(c))
GENERAL PROVISIONS (SUPPLT CONTRACT)
(June 1976) -
ADDITIONS CONSIST OF ARTICLES _ THROUGH ,
- 26. ALTERATIONS The following alterations to the provisions of Standard Foru 32, General Provisions, of this contract were made prior to execution of the contract by the parties:
- 1. DEFINITIONS
- a. The following paragraph (d) is added to this clause:
"(d) The term "Cotz ission" or "NRC" means the United States Nuclear Regulatory Co:stission or any duly authorized representative thereof, including the Contracting Officer except for the purpose of deciding an appeal under the Article " Disputes."
- 27. LISTING OF EMPLOYMENT OPENINGS (FPR Temp. Reg. 39)
(Applicable to Contracts Involving $10,000 or More)
DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
- a. The contractor vill not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for e=ployment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans f or the Vietnam era without discrir.ination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, adver-tising, layoff or terz:1 nation, rates of pay or other forms of co=pensation, and selection for training, including apprenticeship.
- b. The contractor agrees that all suitable es:ployment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the. State employment service system ,
wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (d) and (e).
6- ;
s
- c. Listing of employment openings with the e=ployment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regard-ing nondiscrimimtion in employment.
- d. The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location D2 a State, with the central office of that State employment service.
Such reports shall indicate for each hiring location (1) the number of indivi-duals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C.1787.
The contractor shall submit a report within 30 days after the end of each reporting period wherein any perfor=ance is =ade on this contract identifying data for each hiring location. The contractor shall =aintain at each hiring location copies of the reports submitted until the expiration of one year af ter final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authoriand representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement,
- e. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the e=ployment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor =ay advise the State system when it is no longer bound by this contract clause.
- f. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, '
Cuam, and the Virgin Islands.
- g. The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.
- h. As used in this clause:
(1) "All suitable employment oper.ings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and pro-fessional openings that are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, te=porary employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compelling circumstances an employment opening may not
. be suitable f or listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government.
(2) " Appropriate office of the State employment service system" means the local office of the Federal / State national system of public employment of fices with assigned responsibility for serving the area where the c=ployment opening is to be filled, including the District of Columbia, Guam, puerto Rico, and the Virgin Islands.
(3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration vill be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established " recall" lists.
(4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" neans e=ployment openings which the contractor proposes to fill from union halls, which is part of the customary and traditienal hiring relationship which exists between the contractor and representatives of his c=ployees.
- 1. The contractor agrees to co= ply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
- j. In the event of the contractor's noncompliance with the requirements of this clause, actions f or noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
- k. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ 8-
(
and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
- 1. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract underst.inding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative Action to enploy and advance in employment qualified disabled veterans and veterans of the Vietnam era.
- m. The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Of fice of Federal Contract compliance Programs may direct to enforce such provisions, including action for noncompliance.
- 28. EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38)
- a. The contractor will not discriminate against any employee or applicant for employment .because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-cruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
- b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 19J3 as amended .
- c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant ,
to the Act.
- d. The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Of ficer. Such notices shall state the contractor's obligation under the law to take af firmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.
- e. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract under-standing that the contractor is bound by the terms of section 503 of the Act, and is committed to taka affirmative action to employ and advance in employment physically and mentally handicapped individuals.
f
- f. The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, ren-ulations, or orders of the Secretary of Labor issued pursuant to section 593 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor vill take such action with respect to any sulcon-tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisicus, including action for noncompliance.
- 29. CLEAR AIR AND WATER (1-1.2302)
' (Applicable only if the contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year vill exceed $100,000 or a facility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C.1957c-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C.1319(c)) and is listed by EPA, or the contract is not otherwise exc=pt.)
- a. The Contractor agrees as follows:
(1) To cocply with all the requirenents of section 114 of the Clean Air Act, as amended (42 U.S.C.1857, et seq. , as amended by Pub.
L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C.1251 et seq. , as amended by Pub. L.95-500) , respec-tively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract.
(2) That no portion of the work required by this prime contract will be performed in a f acility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or f acilities from such listing.
(3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being perfo rmed.
(4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4) .
- b. The terms used in this clause have the following meanings:
(1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.
1857 et. seq., as amended by Pub. L.91-604).
(2) The term " Water Act" means Federal Water Pollution Control Act , as amended (33 U.S.C.1251 et, seq., as amended by Pub. L.92-500).
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(3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, linitations, orders, controls, prohibitions, or other requirements which are contained in, issued uoder, or otherwise adopted pursuant to the Air Act or Executive order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section Ill(c) or section ill(d), respectively, of the Air Act (42 U.S.C.1857(c) or (d)), or as approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)) .
(4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-nulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authoriied by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensure co=pliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.
1317).
(5) The term "ccupliance" means compliance M th clean air or water standards.
Compliance shall also .nean compliance with a schedule or plan ordered or approved by a court of co=petent jurisdiction, the Environ = ental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.
(6) The tem "f acility" -u tms any building, plant, installation, structure, mine, vessel or other floating craf t, location, or site of operations ewned, leased, or supervised by a contractor or subcontractor, to be utiliaed in the perfornance of a contract or subcontract. Where a location or site of operaticas contains or includes more than one building, plant, in.stallation, or structure, the entire location or site chall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental protection Agency, deter =ines that independent facilities are collocated in one geographical area.
- 30. FEDERAL, STATE, AND LOCAL TA':ES (1-il.401-l(c))
(a) Except as may be otherwir.e provided la this contract, the contract price .
includes all applicable Federal, State, and Local taxes and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property ccvered by this contract, if a statute, court decision, '
written ruling, or regulation takes effect after the contract date, and--
- 1. Results in the Centractor being required to pay or bear the burden of any such Faderal exeise tax or duty or increase in the rate thereof which would not ocherwise have been payable on such transactions er property, the contract price shall be increased by the amount of such t.it or duty or rate increase: Provided, that the Contractor if requested 11 -
i by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a centingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, ,
or drawback, or the amount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be' similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such
. Federal excise tax or duty.
- c. No adjustment pursuant to paragraph (b) above will be made under this contract unless the aggregate amount thereof is or may reasonably be expected to be over $100.
- d. As used in paragraph (b) above, the term " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term " contract date" means the date of such modification,
- e. Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded from the contract price. In addition, the Contracting Officer may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract price. Except as otherwise provided in this contract, evidence appropriate to establish exe=ption from duties will be furnished only at the discretion of the Contracting Officer.
- f. The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer.
- 31. TERMINATION FOR C0hTENIENCE OF THE GOVERNMENT (1-8.701)
- a. The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Of ficer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termina tion becomes effective.
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- b. Af ter receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:
(1) Stop work under the contract on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (1) the f abricated or unf abricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, infor=ation and other property which, if the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Officer, any property of the types referred to in (6) above: Provided, hcuerer, That the Contractor (1) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi- ,
tions prescribed by and at a price or prices approved by the Contracting Officer: And provided fu.rther, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and
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(9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest.
At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR l-8.1), as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of te Hn= tion inventory not previously dis-posed of, exclusive of items the disposition of which has been directed
> or authorized by the Contracting Officer, and may request the Government to remove such items or enter into a storage agreement covering them.
Not later than fifteen (15) days thereafter the Government will accept
. title to such items and remove them or enter into a storage agreement covering the same: .4cpided, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of sub-mission of the list, and any necessary adjustment to correct the list as subr.itted shall be made prior to final settlement.
- c. Af ter receipt of a Notice of Termination, the Centractor shall submit to the Contracting Officer his termination clai=, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in so event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Of ficer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
- d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution .
of this contract, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work .
done: .Wovided, That such agreed amount or amounts, exclusive of settlerent costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amount to e
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be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise decennine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).
- a. In the event of the failure of the Contractor and the Contracting Officer to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contracting Officer shall, subject to any review required by the contragting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of infor=4 tion available to him the amount if any due to the Contractor by reason of the termination and shall pay to the Contractor the a:nounts determined as follows:
(1) For completed supplies accepted by the Government (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sua equivalent to the aggregate price for such supplies ccmputed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of-(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (ii) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)
(5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or caterials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which a= cunts shall be included in the costs payable under (1) above); and (iii) A sua, as profit on (1'), above, determined by the contracting of ficer pursuant to $ l-8.303 of the Federal Procurement Regulations (41 CFR 1-8.303), in effect as of the date of execution of this contract, to '
be fair and reasonable: Provided, hcuever, That if it appears that the contractor would have sustained a loss on the entire contract had it been ecmpleted, no profit shall be included or allowed under ,
this subdivision (iii) and an appropriate adjustment shall be =ade reducing the amount of the settlement to reflect the indicated rate of loss; and [
(3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the
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contract and for the tert-ination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.
The total sum to be paid to the Contractor under (1) and (2) of this paragraph (e) shall not exceed the total contract price as reduced by the amount of payments otherwise made ar.d as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed L
the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2) (i) above, the f air value, as determined by the Contracting Officer, of property which is destroyed,
, lost, stolen, or damaged so as to become undeliverable to the Government, or to a buyer pursuant to paragraph (b) (7).
- f. Costs claimed, agreed to, or deter =ined pursuant to paragraphs (c), (d), and (e) of this clause shall be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract.
- g. The Contractor shall have the right to appeal, under the clause of this contract entitled " Disputes," from any determinatien made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contrcctor has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Government shall pay to the Contractor the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer; or (2) if an appeal has been taken, the amount finally determined on such appeal.
- h. In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Goverunent may have against the Contractor in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Government. -
- 1. If the terr-ination hereunder be partial, prior to the settlement of the terci-nated portion of this contract, the Contractor may file with the Contracting Officer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the Notice of Termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices.
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- j. The Government may from time to. time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion
. of this contract whenever in the opinion of the Contracting Officer the aggregate of such' payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of
' the amount finany agreed or determined to be due under this clause, such f excess shall be payable by the Contractor to the Government upon demand,
- together with interest computed at the rate of 6 percent per annum for the
[ period fr'on the date such excess payment in received by- the Contractor to L the date on which such excess is repaid to the Government: PrevMed, hcceper, That no interest shan be char;;ed with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days af ter the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
- k. Unless otherwise provided for in this contract, or by applicable statute, ,
- . the Contractor, from the effective date of termination and. for a period of three years after final. settlement.under this contract, shall preserve and
, make available to the Government at all reasonable times at the office of I the Contractor but without direct charge to the Government, all his books, records, documents, and other evidence bearing on the costs and expenses of q . the Contractor under this contract and relating to the work terminated j hereunder, or, to the extent approved by the Contracting Officer, photographs, ,
microphotographs, or other authentic reproductions thereof.
- 32. MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b))
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- ; a. The Contractor agrees to, establish and conduct a program which will enable i ninority business enterprises (as defined in the clause entitled " Utilization
, of Minority Business Enterprises") to be considered fairly as subcontractors j and suppliers under this contract. In this connection, the Contractor shall-1 (1) Designate a liaison officer who. win administer the Contractor's
, minority business enterprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in an "make-or-buy" decisions.
- i (3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for ' the preparation 'of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority business enterprises.
(4) Maintain records showing (i) procedures which have been adopted to comply 1 with the policies set forth in this clause, including the establishment
- of a source list of minority business enterprises, (ii) awards to minority
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business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprf ses.
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p (5) Include the Utilization of Minority Business Enterprises clause in subcontracts which of fer substantial minority business enterprises subcontracting opportunitica.
(6) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct.
(7) Submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph (4),
L above, in such form and manner and at such time (not more of ten than quarterly) as the Contracting Officer may prescribe.
- b. The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
- 33. PREFERENCE FOR U.S. FLAC AIR CARRIERS (1-1.323-2)
- a. Pub. L.93-623 requires that all Federal agencies and Governnent contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.
- b. The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available,
- c. In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he will include a certifica-tion on vouchers involving such transportation which is essentially as follows:
CERTIFICATION OF UNAVAILABILITY OF U.S. FLAC AIR CAP 2IERS I hereby certify that transportation service for personnel (and their personal ef fects) or p perty by certificated air carrier was unavailable for the following reasons: (state reasons)
- 34. NOTICE TO THE COVERNMENT OF LABOR DISPUIES (1-7.203-3)
- a. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this l
' See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurenent Regulations, as applicable.
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- b. The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall imme,diately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant information with respect to such disputes.
, 35. PERMITS (9-7.5006-48)
Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performed.
- 36. RENEGUIIATION (9-7.5004-20)
If this contract is subject to the Renegotiation Act of 1951, as amended, the following provisions shall apply:
- a. This contract is subject to the Renegotiation Act of 1951 (50 U.S.C.
App. 1211, et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract bereunder which is not imposed by an act of Congress heretofore or hereafter enacted. Subject te the foregoing, this contract shall be deemed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendmet specifically incorporating such provisions.
- b. The centractor agrees to insert the provisions of this clause, including this paragraph (b), in all subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as amended.
- 37. PATENT INDEMNITY (9-9.5009(c)) ,
The Contractor agrees to indM fy the Cover-c, its officers, agents, servants, and employees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by reason of the use of disposal by or for the account of the Covernment of items manufactured or supplied under this contract.
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- 38. REPORTING OF ROYALTIES (9-9.5011)
If this contract is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the contract or are reflected in the contract price to the Government, the Contractor agrees to report in writing to the Com.ission (Patent Counsel, Office of the Executive kgal Director) during the performance of this contract and prior to its completion or final settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as vill per=1t identification of the patents or other basis on which the royalties are to be paid. The approval of the Conniasion of any individual payments or royalties
, shall not estop the Government at any time from contesting the enforceability, validity or scope of, or title, to, any patent under which a royalty or payments are made.
- 39. NCTEICE REGARDING LATE DELIVERY (1-7.204-4)
In the event the Contractor encounters difficulty in meeting performnuce require =ents, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall imediately notify the Contracting Of ficer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or paira delivery: Provided, hauever, That this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery . schedule or date, or any rights or remedies provided by lav er under this contract.
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- 40. STOP WORK ORDER (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs
, allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either:
(i) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convenience" clause of this contract.
(b) If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof. expires, the Contractor shall resume work. An equitable adjustnent shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if:
(i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for s'uch adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.
(c) If a stop work order is not canceled and the work covered by .
such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement.
c (d) If a stop work order is not canceled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.
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- 41. PUBLICATION AND PUBLICITY Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer orior to publication or dissemination for public use. If the article or other information is subsequently modified or altered in any manner, the Contractor shall promptly notify the Project Officer and furnish him/her a copy of the article or other information as finally submitted for publication or dissemination.
The Contractor shall acknowledge the support of the U. S. Nuclear Regulatory Commission whenever publicizing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting from work perforwed under this contract an acknowledgement substantially as follows:
"The work upon which this publication. is based was performed pursuant to Contract (insert number) with the (insert name of constituent agency). U. S. Nuclear Regulatory Commission."
Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not both. In the absence of a clear delineation, Clause No. 41 applies.
- 42. DISSEMINATION OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Two copies of any material proposed-to be published or distributed shall be submitted to the Contracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract.
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- 43. WORK FOR OTHERS Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to an actual or apparent conflict of interest with respect to the work being performed under this contract.
The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such a ltractual arrangement.
44.
KEY PERSONNEL (1-7.304-6)
The personnel specified in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to per=1t evaluation of the i= pact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Of ficer: Provided, That the Contracting Officer nay ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The attachment to this contract may be amended from time to time during the course of the contract to either add or delele personnel, as appropriate.
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ATTACHMENT M.1.2 U.S. NUCLEAR REGULATORY CCM'iISSICN GENERAL STATEMENT OF p0LICY REGARDING fHE AVOIDANCE OF CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST The follos ing statement sets forth the U.S. Nuclear Regulatory Ccmmission's policy guivance with respect to avoidance of organizational conflicts of
- interest in NRC research and technical assistance procurement actions. -
The Comission invites all interested persons who desire to submit written cements or suggestions on this policy statement, and the examples set forth therein, to send them to the Secretary of the Ccmission, U.S. Nuclear Regulatory C mission, Washington, DC 20S55, Attention: Occketing and Seriice Branch by July 27, 1977. Consideration will be given to such submissions in connection with possible future revision of the policy statement. Cecies of coments received by the Comission may be examined at tne Ccmission's Public Document Room,1717 H Street, N.W., Washingt:n, DC.
GENERAL STATEMENT OF p0LICY REGARDING iiiE
' ' AVOIDANCE OF CCNTRACTOR ORGANI7.ATICNAL CCNFLICTS OF INTERE5T DEFINITION The term " organization c:nfiict of interest" means a situation where a c:ntractor has interests, either due to its other activities or its relationshics with other organizatiens, which (a) place it in a position that may be unsatisfact:ry or unfavorable frem the Government's stand:cint in being able to secure i=:artial, technically sound, objective assistance and advice fr:m the c:ntract:r; or (b) provide it with an unfair ccmcetitive advantage.
GENERAL STATE 24ENT OF p0LICY In view of its regulatory responsibilities, it is incumbent.ucon the NRC to ,
make every effort to identify and select those prospective c:ntractors best
- cualified to perfom the ^ work for which NRC centracts. As a corollary to this objective, it is also important for NRC to carefully consider the cuestiens of conflict of interest prior to centractor selection and contract award.
In order to assist in determining what, if any, steps should be applied to avoid organizational conflicts of interest, there are two paramount principles to be considered. These are: (1) preventing conflicting roles which mignt bias a contractor's judgment in relation to its work for NRC and (2) preventing unfair competititve advantage.
The determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by' case basis is necessary if the policy is to be acolied so as to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set a criteria whicn would serve to identify and resolve all of the conflict of interest situations which might arise; however, examples are provided herein as a guide for the application of the policy in some situations. It should also be empnasized tna contracting and program officials must be alert to other situations which may warrant apolication of this policy guidance. The ultimate test must always te: In :ne specific case at hand, would the contractor, if awarded the contract, be placed in a position wnere its judgment would be biased, or where it would have an unfair comoetitive advantage?
Prior to any NRC contract award for the performance of research or technical assistance work, proscective contractors will be advised of this policy
, and shall be required to advise NRC of any contractual or organi:ational relationships which should be considered in acplyinc this policy.
WAIVER ,
Upon the recommendation of an Office Director, and after consultation with tne Office of the General Counsel, the Executive Director for Operations may waive the policy in specific cases if he determines that the public interest makes a waiver imperative. Such action shall be strictly limited to those situations in ,which: (1) the work to be performed under contract is vital to the NRC progra=; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a questions of conflict of interest; and (3) contrdctual and/or technical . review and supervision methods can be employed by NRC to protect against the conflict resulting in biased performance of the work. .For any such waivers, the justification and approval docu=ents shall be placed in the Public Document Room.
POLICY APPLICATION GUIDANCE Example:
The XYZ Corporation, in response to a RFP, proposes to undertake certain analyses of a reactor component as called for in the RFP. the XYZ Corporation is one of several ecmpanies considered to be technically well qualified. Ih resconse to the inquiry in the RFP, the XYZ Corporation advises that it is currently performing similar analyses for the reactor manufacturer.
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Guidance: .
A NRC contract for that particular work nonnally would not be awarded to the XYZ Corporation because it would be placed in a position in whicn its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified campanies available, there would be no reason for c:nsidering a waiver of the policy.
Example:
The ABC Corporation, in response to a RFP, preposes to perform certain analyses of a reactor c:mponent wh'ich are unique to cne type of advanced reactor. As is 'the case with other technically qualified c::maanies responding to the RFP, the ABC Corporation is performing various projects for several dif#erent utility clients. None of the ABC Corporation projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corocration is censidered to be the best qualified c:moany to perfonn the worx cutlined in the RFP. -
Guidance:
An NRC contrac: normaT1y could be awarded to the ABC Corporation because no conflict of interest exists which would motivate bias wita respect to the work to be contracted for. An appropriate clause wouTd be included in the contract to preclude the A8C Corporation frem subsequently contracting for work, during the per'ormance of the NRC contract, with the private sector wnich would create a conflict, such as the perfennance of simitar work for the cmpany that islaveicping the advanced reactor mntioned in the examole.
Examole:
As a result of operating problems in a certain type of cennartial nuclear facility, it is imoerative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the '
public. Only one manufacturer has extensive experience with that type of plant, and, therefore, that c=moany is the only one witn which NRC can centract that can develop and conduct the tasting programs recuired to obtain tae data ,
in reasonable time. That c:mnpany has a defininte interest in any NRC decisions
- that might result from the data produced because those decisions af'ect the reactor's design and, thus, the cmpany's costs.
Guidance:
This situation would place the manufacturer in a role in which its judgment could be biased in relatienship to its work for NRC. Since the' nature of the work required is vitally important in tanns of NRC's respcnsibilities, and no h
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reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in 'accordance with the waiver provisions of this polciy with part'icular attention to the establishment
.of protective mechanisms to guard against bias.
Example:
The AEC Cocmany submits a proposal for a new system for evaluating a specific reactor comoonent'a performance for the purpose of developing standards that are very important to the NRC program. The ABC Comoany has advised NRC that it intenas to sell the new system to industry once its practicability has been demonstrated. Other comoanies in this business are using older systems for evaluation of the specific reactor component.
Guidance:
A contrac could be awarded to the ABC Cc=pany orovided that the contract stipulates nat no infomation procuced under tne contract will be used in the contractor's' private activities unless such infomation nas been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair comoetitive advantage
' that mignt otherwise accrue. When NRC furnishes information to the contractor for the perfomance of contract work, it shall not be used in the contractor's private ac-ivities unless sucn information is generally available to others.
Furtner, the contract will stipulate that the contractor will inform the .
Contracting Officer of all situations in which the information dveloped uncer the contrac: is proposed t;o be used.
This general statement for policy shall be effective April 28, 1977. .
Dated at Washington, DC this 22nd day.cf April,1977.
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CONTR ACT PRICING PROPOSAL or7,ce .af .mnacernens and Budsec (RESE.4RCH .4 %D DEVELOP ME NT) Approval No. 29-ROI8d
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- l. The purpose of thes form os to praetde a standard formar by a hech ).
ehe oderer subrans to the Gorernmens a summare of incurred and When astashrnens of suppumna cost or prusng data ro thes form es.
, , , , einen. sed cosas (ned arr.eshes sepperreeg sefece wheep sonable for de. empraciecable. the data *ill be dess eitwd f u eia enhedule as ppreersatel easied rereew and anaivsss. Prior to ene award of a contract resuning sad mede semelable so she cuneramng o N et or has representaus e upon, resquest.
from rhn proposal the odoroe shall, under the condersons sr sed in FPR 4Data Pricing 5 schl t See beFPRteouded
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Estimaie ' see noe intended as rigid erguerernand the " Proposed Cunerace e nes. These may tw pre.
- 2. In .dd.non to the specs Ac niormanson requeed be abs form. the seneed in diderene format =nn the pnar o(eror is espected. en good fann, to incorporate in and suomo enh O(Ficer il required (or more esesure and ediciene presensanosi. In all approval this form any addirsonal data. supporting schedules. or substanusesos osner eespects . ras form change. .sil be completed and submnted enhous
=hsch are reasonable eequired for the conduct of an appropriate re.
eiew and anaiyses en she 1.she of the f or e ses sere ne gouanons. es ss specsisc facts of this procurement.
standeng of- essennat inns there be a clear under. $. Se submouien of thu proposal the 06eepr grapes to the Contractsng 06scer. or his 4.ishorised represername, the nght to enamine, for une purpose of er (vang the cost or pnnng dass nehmnied. thuse bunes,
- a. The ennung een6able data. records, doc uenents and other suppuntant dasa
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quare cratuaison of >=ch cost
- b. The sud gmental to the esumase, and (,ctors sppbed in pro ecnns fruen hav=n dau or pr.ong data, ahans *nh <ne compusa-pans dad Praw m u"8 8'ed theresa. TMs essnt mas be eseriiwd in con.
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- c. The tonnasencies used by sne viferor en hn proposed price. *'th any negonanons preer to contract a = ard.
In short she osetor s enesm4nns pouc ess uself receds fu be dest'osed.
FOOTNOTES I
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