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Binder, Elster. Hendelson and Wheeler, Inc. Old Georgetown Building, Suite 202 4948 St. Elng Avenue Bethesda, MD 20014 - Gentlemen:
Subject:
Request for Proposal (RFP) RS-ADM-79-387, " Career Counseling" The technical evaluations under the subject solicitation have been completed and your proposal, while not acceptable as submitted, has been determined to be in the competitive range. The purpose of this letter is to extend to your fim the opportunity to improve its proposal. Therefore, you are requested , to submit any revisions pursuant to the subject solicitation on or before 4:00 p.m. , July 30, 1979, to the U. S. Nuclear Regulatory Commission, Attention: Elois Wiggins, M/S 286 SS, Washington, DC 20555. Your revisions must respond to the following questions: ' t (1) Your' proposal does not indicate the prices for the optional one (1) year extension of the services as specified in Section E - SUPPLIES / SERVICCS AND PRICES, Item 2. Please provide these prices. (2) Your proposal should also indicate the cost for the maximum number of sessions which may be ordered (500 sessions). These questions focus on the omissions, ambiguities, and deficiencies of your
, proposal as initially submitted. You may, of course, revise your proposal, either in its technical or its cost terms, in any way you perceive to be advantageous. ,
I F .Four (4) copies of each of the revisions to any portion of your proposal must-be submitted by the deadline stated above. Any revisions received af'er the deadline will be treated as late proposals in accordance with the " Late - Proposals,. Modifications of Proposals and Withdrawals of Proposals," provision of this solicitation. Neither telegraphic revisions to your proposal nor
'nE telephonic offers are permitted, i 8'
o In order to provide a unifom format to facilitate the handling of the On information, and to allow for a system to be established to assure that your
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n a proposal, as you nay wish to revise it, is properly graded, we request that . any' revisions to your proposal you may wish to make be submitted in the -
@s oce followino fomat:
Pk T.'"Yo ir-{4-)" copies- af-replacement pages"sha11" 3e"provided"for" incorporation" Q
. mo%- Jn ,ygg.r.,o r.i g.i nal ..p.ro,p.os.0.b.. .It n..en. tire..page .shall..be..rctned..with..new..a r.. . . . .... " .().
mam re inserted. L~ un> '.ised material
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- b. Where a revision of your proposal results in a deletion, and no new E material 's inserted, the deletion shall be identified by a vertical 3
' line in i' O margin and the word " Deletion" at the approximate place g where the material which has been deleted originally appeared. o (For example, see margin at right).
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- c. Where additional pages are necessary, they shall be numbered (Page No. A), (Page No. B),etc.
It shall be noted that this is a request for clarifications and not a Best and Final Offer. Nor is it merely a request to 'confim or reconfirm prior offers. , s In order to pennit adequate review of your proposal based on your submission i of the requested clarifications, you are requested to extend the acceptance period for Request for Proposal (RFP) RS-ADM-78-386 until August 31, 1979.
. Sincerely.
Original Signed by , Edward L Halman , Mary Jo Mattia - Contracting Officer , L j . j . g: . . W% yp ,
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( l SOLICITATION, OFFER AND AWARD a Ca xtir<o soa A v.c At cut-se uNow acsa ata 2 ANoa c-,s e eG t . .cc j os
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1 2 s CCoeTh ACT s Aroc .nse domar # mr0 2 SotscJTavio.e a sO 5 D A T E e55uf D 6 mE QuissT *CN PU5.CaA S4 8.ttM s t seO ) RS-ADM-79-387 O Aovie r,sso..,., g , u.or:Ario ,e,,, 4/24/79 RFPA No. ADM-79-387
- issueo ey coot [ e Apoas ss os s e a io e., , ,n.a o, ace re U. S. Nuclear Regulatory Commission Division of Contracts Washington, DC 23555
- e - e on., e s,,e u e., ,o - e ,,,, o SOLICITATION s Se..eo oevers .n or .na, ano three (3 ) coo.es io, eu,n,snin, n, ,uco..es o, ,e .ces ,, rne sc., eau,e ..n ne ,ece-co ai ine . .< e m.c f.o .n n.oc= a or ,f nanoca,ve
,n tn, ,,,on ,o,, ,oc,,,, ,,, Room 286. 7915 Eas tern Avenue,,n,,, 3:00 PM w,,,,,,,, 5/23/79 rf this is an aavertesco ses. citation Sil eners .ve r % ri nMD oaroe ouVcay onedd at nat t rne
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CAUTION - L A TE OFFERS: Seepars. 7and8 of Soucitaten instructens and Condirons. AH c ffers are suo act to the folio. ng 1 The So..citas.on instructions and Conditions. SF 33 A. 1-78 eoitoon en cn is atactieo or encoroorated nerein by reference 3 The Scheduee enctuced r ere n anosor attacheo hereto 2 The Generel Proi .s.ons. SF 32. 2-15-78 e ,,,on .cn,,an. ,,eo
- 4. Such other orovesions representat ons. certif. cations. and sc.cif cat.cyss as are anacneo o, ,nco,co,,,eo ,,e.e,n i,, ,,,e.ence.
or accorporateo merein De reverence. (Artach,nents are risted un scheouse i FOR INFCllA*A TION CALL Ikame & te.conone no.) INo conect Ms. cattsi > Elois Wiggins, A/C 301, 427-4420 TABLE OF CONTENT 3 - f u e i SEC PAGE tui f SEC ' PAGE P AR T I - GE NE R AL 18e574UCTIONS P ARY 18 - THE SCHEDULE ICamrW Q A s Cover $mese H ; Coena.en e, eart - _; [ a . ceanus se,= 4 a . c n,s.c .as a ori. sim es caer. a e a a Aa.ei cs i C , 8anrect a & Ceasse. s & meens es C**erers J , to.ons p as j D f.essed Facts.g ter Ame,d l( Cowett Ae . Does ! P ART II - TME SCHE DULt i E I 5 seaevis*ces 6 Prican
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PART III -5N "cu=5 ^=o Tac""<*ts iu u een s.A= a o, , An - i OFFER trages 2 and 3 must also be fully comototed by otterorp in cDmCasarice weeth the abcW. the unoers*gned agrees. af tftes oflef ts acceOted wetthen O hC calendar oays 160 catencer oars unless s Orfferent persod sa snuffed by the offeroff trarn the date I f reteeDI of offect 1Decifacef above, to furrtish any Dr all stesvis upon wheCh proces are of feveo at the Dr*ce 1e' o&A>osate tactt
.iem. oei. ed at tne ces.s, .ieo po.ntfsi. .th.n the t.rne io.cif.eo .n tne wheouie.
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- 17. 0FFER OR -
Ounns tstablishment No.3t 18 me AaaE ANO IITLE OF 8.t>450*e AeJT** ort 2ED f o 58GM Obe kf'
,,,,,e, NAue A.so AooaEss BINDER, ELSTER, MENDELSON & WHEELER, INC. Dr. Shulam.th i R. Elster
'. *O 's.',e 4948 St. ElmO Avenue, Sui te 202 President
_ Bethesda, MD 20014 ' se ruar so m Ea c.ArE
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A8EA CoOE ANO TELEPHONE No be
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k s/2i/79 AWARD (To be comoseied oy Gofemment) 21 ACCEPTED AS 10 :Tf us NuustaED 22 Aaaoumf 23 ACCotlseTesG AND APPROPetarsoN CATA ? 24 Sueuit wevo*CES ea coe.s i.a.ess ora. s. so.cs.es O 77 aoosess se.ewN me stoCm
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- 29. UNITED STATES OF AMERICA JO **Aa0CATE BY ISignature of contractrng olfocer)
- n. ore ar se e>ece on in.s ro,m or er,5:eaeere Form 26 or a, cro r a r.c r an =. ore
- none 33-130 ' '"
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StandarJ Form 33 Page 118 tEV 3-77) Peenctibec ey GSA. FPR (41 CFR) 1 16101 I
y w q, RS-ADM-79-387 4 , Page 2 N Ctiorn B - REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGMENTS t REPRESENTATIONS (Check or complete att apphcable bones or blocks.) The efferor represents as part of his offer that: ,,
- 1. SMALL BUSlNESS (See par.14 on SF 33.A.)
He% is, O is not, a smalt business concern. If offeror is a small business concern and is not the manufacturer of the suppis he also represents that all supplies to be furnished hereunder O will, O will not, be manufacturered or produced by a small business concern
, in the Umted States,its possessions,or Puerto Rim.
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- 2. MINORITY BUSINESS ENTERPRISE He O is,M is not, a minority busmess enterprise. A mmonty busmess enterprise is defmed as a "busmess, at least 50 percent of which is owned by mmorsty group members or.in case of publicly owned busmesses, at least 51 percent of the stcck of which is owned bymmarity r grrup rnembers." For the purpose of this defmition, minority group members are Negroes. .Spanish-socaking American persons, AmericanOrientals, American-Indians, American Eskimos, and American.Aleuts.
, 3,
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REGULAR DE ALER - MANUFACTURER (Applicable only to supply contracts exceeding $10.000.) He is a O regular dealer in O rnanufacturer of, the supplies offered.
,4. CONTINGENT FEE ISee par,15 on SF 33.A.]
(a) He O has, %has not, employed or retamed any company or persons (other than a fu//-time bona lide employee working solely for the C//eror) to solicit or secure this contract, and (b) he O has Xhas not, paid or agreed to pay any company or person (other than a full-time bona fide employee norking solely for the o//cror) any fee, commission, percentage, or brokerage fee contingent upon or resultmg from the tward of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the Contractmg Officer. //nterpre. t:toon c/ the representation, including the term ** bons /ide employee "see Code of Federal Regulations, Title 41, Subpart 1 1.5.1
, 5. TYPE OF BUSINESS ORGANIZATION l
s .st l e operales as Q1 an individual, O a partnership, O a nonprofit organizationka corporation, incorporaterf under the laws of the State
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[ G. AF FILI ATION AND IDENTIFYING DATA (Applicable only to advertised solicitations.) Each offeror shall complete' (a) and (b) if applicable, and (c) below: f- (a) He O is,IRfs not, owned or centrolled by a parent company. (See par.16 on SF JJ-A.)
~} (bl if the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of 1 ' .he parent company; , , e,4ue or paanest ccueam A.e naa.s omct noonss two Ese oees c
- r ici usetortn s sotniwicanose w:.==rs4e paa er en si na, oneaoas e e no naae,r cowaws e . o 7; EQUAL OPPORTUNITY
(:) He Mas, O has not, participated in a previous contract or subcontract subject either to the Ecual Opoortunity clause herein or the clause originally contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order No. 11114; that he Thas, O has not, filed all required compliance reports: and that representations indicarms submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the equal oc,portunity clause.) (b) The bidder for offeror) represents that (1) he O has developed and has on file. has not developed and does not have on file, at e establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) or (2) he khas not preveusly had contracts subject to the vwitten affirmative action programs requirement of the rules and regulations of Secretary of Labor. IThe above representation shal/ be completed by each bidder for of/eror) whose bid to//er)is $50.000 or more and who has 50or more employees.) CERTIFICATIONS ICheck or como/ere J// Joo/, cable boxes or blocks /
- 8. BUY AMERICAN CERTIFICATE The ofietor certifies as part of his offer, that: each end product, except the end products listed below, is a domestic end product (as defined in the clause entitled " Buy Arnetican Act"); and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.
E ACLuDe.o taso 6 OirocTs Couestav os ca, Gee Sranoseo Form 33 Page 2 tREV. 3 77)
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j ' 9.- CLEAN AIR AND WATER (Applicable if the bid or offer excercs $100,000,or the contractir:g officer has determined it:at orders under an indefinite quantity contract in any year will exceed S100.000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C 1857c.8(c)(1))or the Federal Water Pollution Control Act (33 U.S.C 1319(c)) and is listed by EPA, a or is not otherwise exempt.) The bidder or offeror certifies as follows: (a) Any facility to be utilized in the performance of this proposed contract O 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, Of fice of l Fed;ral Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of Viotating Facilities. r' (c) He will include substantially this certification, including this paragraph (c), in every nonexempt subcontract.
- 10. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (See par.18 on SF 33-A)
[- (a) By submission of this offer, the offeror certifies, and in the case of a joint offer, eacn party thereto certifies as to its own } organization, that in connection with this procurement: (1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the
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purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor; (2) Unless otherwise required by law, the prices which have been Quoted 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 made or will be made by the offeror to induce any other person or firm to submit or not to submit an
- off sr for that purpos'e of restricting competition, ~
- (b) Each person signing this offer certifies that
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-(1)' He is the person in the offeror's organization responsible within that organization for the decision as to the prices being
, offertd herein and that he has not participated, and will not participate,in any action contrary to (a)(1) tnrougn (a)(3),above; or j (2) (i) He is not 'the person in the offerort organization responsible within that organization for the decision as to the prices oring offered herein but that he has been authorized in writing to act as-agent for the persons responsible for such decision an certifying th;t such persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) acove, and as their agent coes hIreby so certify; and (ii) he has not participated, and will not participate,in any actic,n contrary to (a)(1) tnrough (a)(3) above. . 1 1.' CERTIFICATION- OF NCNSEGREGATED FACILITIES (Applicable to (1) contracts (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding S10.000 which are not exempt from the 1- provisions of the Eaual Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his ' ' employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any l I ocation underhis control, where segregated facilities are maintained. He certifies further that he will not maintain cr provide for his employ-
' fees any segregated facilities at any of'his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breacn of this cer-tification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term " segregated facilities" means ~
any waiting rooms, work areas, rest rooms and wasn rooms, restaurants and other eating areas, time clocks, locker rooms and otherstorage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because - of hibit, local custom, or otherwise. He further agrees that (except where he h.s obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the' Equal Opportunity c!ause; that he will retain such
- ertifications in his files; and that he will forward the following notice to such proposed subcontractors (exce;:t where the proposed
.4 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 S10,000 whien is not 0:empt from the provisions of the Equal Opportunity clause, The certification may be submitted eitner for each subcontract or for a!! subcontracts during a period (i.e., quarterly, semiannua!Iy, or annually). NOTE: The penalty for making false offe-s is prescribed in is U.S. C. 1C01. Avtscussi so l caTE ave CMENr No oATE ACKNOWLEDGMENT OF AMENDMENTS The efferer acxnewiedges recect of amend-trients to the Soricaton for effers and related / [ y doc:.ments numbered and dated as fouws: NOTE: Offers must set forth full, accurate and compiete information as required by tha Solict:Jtion isnclucang altsc=ents). The peestry
RS-ADM-79-387 Page 4 t B.12. i PREFERENCE'FOR LA30R SURPLUS ASEA CONCERNS (1978 JUN) - ASPR 7-2003.13 This procurement is not efferor's status as such a concern cay affect entitlementset asidethe Ecwever, for labor this solicitation. tie offers cn cffer evaluation in acccedahce with the Buy Ato award in t
=erican clause of if 'hese circumstances shculd apply, the offerer must persi.
identify L stent cr substantial labor surplus area in which the costs he willn incur o
! acccunt of canufacturing or production (by himself or his first-tier sub f! tors) a: cunt to ,ccre than fifty percent (50%) of the contract price.
5 rac_ 1 I' ___________________________ i Failure to identify the locations as specified I of the offerce as a labor surplus area concern.above will preclude cen, sideration laber surplus area concern, he is awarded a contract for which he wOfferor agrees been qualified in the absence of such status, he will perfora the ould not have
' .._e n t ail s .cause it to be performed, in acecrdance with thecentract or obligattens us which su
__ ~ B.13 WOMAN-OWNED BUSINESS Concern is k is not O a woman-cwned business. A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as
- exercising the power to make policy decisions. Operated is defined as actively involved in the day-to_ day management.
For the p.urposes of ht' 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, woman-owned if this information is available. B.14 PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award acceptable). price (accuracy within plus or minus 5 percent is 1
-B.15 PRINCIPAL PLACE OF PERFORMANCE Offeror shall indicate street address, city, county and state in which work under this contract is to be performed.
BINDER, ELSTER, MENDELSON & WHEELER, INC. Name of Facility 4948 St. Elmo Avenue, Suite 202 Street Address Bethesda, MD 20014 City County
._ State Zip Code ; AND - Of fices n ovided by the Nuclear Regulatorv Commission ,
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. .RS-ADM-79-387 g Page 5 8.16. AUTHORIZED NEGOTIATORS 0fferor shall furnish names and telephone numbers of personnel i- authorized to conduct negotiations and hold technical discussions under this solicitation: -
[' Shulamith R. Elster (301) 657-1898 I (Name - Contractual Matters) Telephone No.
r- Irene N. Mendelson (301) 657-1898 & 652-4983 ' (Name - Contractual Matters) Telepho,ne No. f. Elaine K. Binder (301) 657-1898 (Name - Technical Matters) Telephone No. p All authorized for contractual and technical discussions. sx
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t - B.17. MAILING ADDRESS FOR PAYMENT Offeror'shall indicate below the address to which payment should be mailed, if such address is different from-that shown for the offeror / Contractor.
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Office Street U City State Zip Code
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RS-ADM-79-387 Page 6 U.1.8 PUstic on PnIVAfr Onc4Mrzarrows ron rue bT.1d Eb HaworcArrrn on HANDICAPFrD INDtVIDCALS (Execute if a small business set-aside is in-volved and the offeror deems himself to be elleable.)
' He is C a pub!fe or private organization for the handicapped or a handicapped individu-i al. as provided in the Small Bustness Act, as amended, and the regulations of the Small
! Busmess Administration.
The term " l is one "* * * (public or private organization"
- 1) which is organized uncer the
' laws of the United States or of any State.
- operated in the interest of handicapped in-dividuals, the net income of which does not inure in whole or in part to the benefit of
' any shareholder or other indh'idual: (!!)
which complies with any applicable occupa-tional health and safety standard prescribed by the Secretary of Labor and (iii) which, in (Pe production of commoditfes and in the provision of services during any fiscal year .*
- in which it receives financial assistance under this subsection, empicys handicapped individuals for not less than 75 per centum of the man-hours eequired for the produc-tion or provision of the commodities or ser-vices.' * '"(15 U.S.C. 63&th'(1)( A))
The term " handicapped Individual means a "* *
- person who has a physical. mental, s or emotional impairment, defect, allment,
) disease,or disability of a permanent nature l which in any way limits the selection of any 3 type of employment for which the person would otherwise be qualified or quallflable
* * * "(13 CFR 118.2(f))
fend of Notice] 8 4 e y s
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( (. . RS-ADM-79-387
', ,SECTION C
, souctTATION INSTRUCTIONS AND CONDITIONS Page 7
- 1. OEFINITIONS. 7. LATE BIDS, MOOlFICATIONS OF BIOS, OR WITHDRAWAL. OF As used herein: .
BIOS. (a) The term " solicitation" rneans Invitation for Bids (IFB) where (a) Any bid received at the of5ce designated in the solicitation after ths procurement is adscrtised, and Request for Proposal (RFP) where the exact time speci6ed for receipt will not be considered unless it is
. the procurement is nerotiated. received before award is made and either:
(b).The term " oft'er" means bid where the procurement is adver. (1) It was sent by registered or certined mail not later than the tised, and preposal where the procurement is negotiated. 6fth calendar day prior to the date specined for the receipt of bids (c) For purposes of this solicitation and Block 2 of Standard Form (e g., a bid submitted in response to a solicitation requiring receipt of
- 33. the term " advertised" includes Small Business Restricted Adver- bids by the 20th of the month must have been roailed by the 15th or tismg and other types of restricted advertising. . carlier) ; or (2) It was sent by mail (or telegram if authorized) and it is
- 2. PREPARATION OF OFFERS.
determined by the Government that the late receipt was due solely to (a) 06erors are expected to examine the drawings, speci6 cations, mishandling by the Government after receipt at the Government Schedule, and all instructions. Failure to do so will be at oHeror's installation. risk. (b) Any modi 6 cation or withdrawal of a bid is subject to the same (b) Each oneror shall furnish the information required by the conditions as in (a), above. A bid may also be withdrawn in person solicitation. The oHeror shall sign the solicitation and print or type by a bidder or his authorized representative, provided his identity is his name on the Schedule and each Continuation Sheet thereof on made known and he signs a receipt for the L!d, but only if the with. which he makes an entry. Erasures or other changes must be initiated drawal is made prior to ti.e exact time set for receipt of bids. by the person signing the oRer. 06ers signed by an agent are to be (c) The only acceptable evidence to establisht - accompanied by evidence of his authority unless such evidence has (1) The date of mailing of a late bid, modi 6 cation, or withdrawal - been previously furnished to the issuing office. sent either by registered or certified 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 wraprcr and on the original receirt shallinclude packing unics otherwise speci6ed. A total sha!I be entered trom the U.S. Postal Service. If neither postmark shows a legible date, in the Amount column of the Schedule for each item c6ered. In case the bid, modi 6 cation, or withdrawal shall be deemed to have been of discrepancy between a unit price and extended price, the unit price mailed late. (The term " postmark" means a printed, stamped, or other-will be presumed to be correct, subject, however, to correction to the wi$e placed impression (exclusive c.f a postage armter machine impres-same extent and in the sarne manner as any other mistake. sion) that is readily identifiable without further action as having been (d) OKers for supplies or services other than those specified will not supplied and affixed on the date of mailing by employees of the U.S. be considered unless authorized by the solicitation. Postal Service. Herefore, oKerors should request the postal chrk to (s) OEeror must state a deSnite time for delivery of supplies or place a hand cancellation bulFe-eye " postmark" on both the receipt . for performance of services unless otherwise speci6cd in the solicitation. and the envelope or wrapper.) (f) Time, if stated as a number of dayr, will include Saturdays, (2) The tane of receipt at the Government insta!!ation is the Sundays and holidays. time-date stamp of such insta!!ation on the bid wrapper or other (g) Code boxes are for Government use ontv. documentary evidence of receipt maintained by the installation. (d) Notwithstanding (a) and (b) et this provision, a late modifi.
- 3. EX*LANATION TO OFFERORS. Any explanation desired by an cation of an otherwise successfat b.d which makes its terms more oEeror regarding the meaning or interpretation of the solicitation, favorable to the Government will be :onsidered at any time it is re.
drawings, specincations, etc., must be requested in writing and with ceived and may be accepted. suScient time allowed for a reply to reach oHerors before the rub- Note t The term " telegram" includes mailcrams. mission of their oRers. Oral explanations or instructions given before tha award of the contract wi!! not be binding. Any information given 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND ta a prcspective o6eror concerning a solicitation will be furnished to WITHDRAWALS OF PROPOSALS. all prosocctive oRerors as an amendment of the solicitation, if such (a) Any p:oposal received at the of6ce desiented in the solicita. information is ne essary to offerors in submitting oders on the solicita- tion after the exact time specined for receipt will not be considered tiin or if the lack of such information would be prejudicial to un- unless it is received before award is made, and: informed cRerors. (1) It was sent by registered or certified mail not later than the e2 r r e a spec @ef @ recey M den,W,
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS- an oder suomitted m reese to a schestation requirmg receipt of Receipt cf an amendment to a solicitation by an offeror must be oFers by the 20th of the rnonth must have been mailed by the 15th or acknowledged (a) by signing and returning the amendment, (b) on cariier);
pace thrre of Standard Form 33. or (c) by letter or telegram. Such (2) It was sent by mail (or telerram if autherhed) and it is acinowledgment must be received prior to the hour and date speci5ed determined by the Govemment that the late rucipt was due solely for receipt of cffers. to mishand!ing by the Government af ter receipt at the Government ins tallation; or
- 5. SUSMISSION OF OFFERS. (3) It is the only proposal received.
(a) OKers and modiScations thereof shall be enclosed in scaled (b) Any modification of a proposa!. except a tnodification resulting anvelopes and addressed to the of! ice specified in the solicitation. The from the Contracting Of5cer's request for "best and Anal" oder,is sub-offeror shall show the hour and date specified in the solicitation for ject to the same conditions as in (a)(1) and (a)(2) of this provision. r1ceipt, the solicitation r. umber, and the name and address of the (c) A modiEcation resulting from the Contracting Officer's request , (Heror on the face of the envelope. for "best and Saal" offer received after the tne and date specified in (b) Teleeraphic oEers will not be considered unless authorized by the request will not be considered unless received before award and the soIIcitation; however, cKers may be modified or withdrawn by the late receipt is due solely to mishandling by the Government after written or telegraphic notice, provided such notice is received prior to receipt at the Government installation. the hout and date specified for receipt. (However, see paragraphs 7 (d) The only acceptable evidence to establisht cnd 8.) (!) The date of mailing of a late proposal or modincation sent (c) Samples of items, when required, must be submitted within the either by registered or certined mail is the U.S. Postal Service post. time speciSed. and unless otherwise speci6ed by the Government, at mark on both the envelope or wrapper and on the original receipt from n's expense to the Government. If not destmyed by testing, samples the U.S. Postal Service. If neither postmark shows a legible date, the will be returned at oHeror's request and expense, unless otherwise proposal or modi 6 cation shall be deemed to have been mailed late. specined by the solicitation. (The term " postmark" means a printed, stamped, or otherwise, impression (esclusive of a postage meter machine impression) that isplaced
- 6. FAILURE TO SUBMIT OFFER. If no offer ,gs to be submitted, do readily identiSable without further action as having been supplied and n t return the solicitation,unless othermse spec Sed. A letter or post. aHixed on the date of mailing by employees of the U.S. Pocal Service.
card shall be sent to the issuing oHice advising whether future, sohc- Therriore, offerers should request the postal clerk to place a hand itations,for the type of supphes or services covered by this sche,itauon cance!!ation bull's-eye " postmark" on both the reedpt and the envelope are deured. Failure of the recipient to oRer, or to notify the issumg or wrapper.) erfice that future solicitations are desired. may result in removal,cf (2) The time of receipt at the Government installation is the the n me of such recipient from the mailing list fer the type cf supphes time date stamp of such installation on the propesal wrapper or c,ther or services covered by the sohcstation. documentary evidence of receipt maintained by the installation. 32 STANDARD FORsJ 33-4 t;tev.1-73)
, Prescr' bed by G5A. IPR (41 CFR) 1-16.tct
.~ . - - - - .. . . , . . . . i SECION C - IK:.TEJCTIONS'& CONDITIONS, & NOTICES 'IO ChuC?S..
RS . h 79-387
- (e) Notwithstandkco umb m"7M2d ~ (c), cf this provision, a lite Da e 8 35-45), the Contract Wori Hours Stancards Act (40 U.S C. 327-330).
- modi 5coson of an ctherwise successful proposal which makes its terms mere favorable to the Govern:nent wi!! In considered at any time it is and the Senice Contract Act of 1965 (41 U.S C. 331-357) rnav be received and rnay be accepted- obtained from the Department of Labor. Washington, D.C. 20210, or from any regional office of that agency. Requests for inferm.uion should (f) Proposals rnay be withdrawn by written or telegraphic notice include the solicitation number, the narne and address of the issuins recewed at any time pnor to award. Proposals may be withdrawn in ageno, and a description of the supolies or scruces.
person by an oRecor or his authorized representative, provided his . identity is made known and he signs a receipt for the proposal prior 13. SELLER'S INVOICES. Invoices shat! be prepared and submitted ta award. - in quadruplicate (one copv shall be marked "ononal") unless other. Note: he term " telegram" includes mailgrams. wise specined. Invoices shall contain the following in_ formation: Con-
, Note: The alternate late proposals, snodifications of proposals and tract and order number (if any), item numbers, descrrpuon of supplies withdrawals of proposals proviuon prescribed by 41 CFR l-3.802-2(b) or services, sires, quantities, unit price:, and extended totals. Bill of shdl be used in lieu of provision 8,if specised by the contract. lading number and weisthe of shipment will be shown for shipmenu
- 9. DISCOUNTS. - * * * " "*'"**"* *
(a) Notwithstanding the fact that a blank is provided for a ten (10) 14. SMALL BUSINESS CONCERN. A small business concern, for the dry discount, prompt payment discounts oHered for payment within Iets than twenty (20) calencar days will not be considered in evalu- purpose of Government procurement is a concern, including its af51,i. ates, which is independently owned and operated, as not dommant m atmg oEers for award, unless otherwise speciSed in the solicitation. the neld of operation in which it is submitting oEers on Government Hawever, oHered discounts of less than 20 day; will be taken if pay- contracts, and can further qualify under the critena concernmg num-ment is made within the discount period, even though not considered her of employees, average annual receipts, or other criteria, as pre-
, in the evaluation of oHen. scribed by the Small Business Administration. (See Code of Federal (b 1 i connection with any discount oRered, time will be computed Regulatiom, from)date of delivery of the supplies to carrier when delivery and Title 13, Part 121, as amended, which contains detailed industry dennitiens and relaten procedures.)
receptance are at pomt of origin, or from.date of delivery at desti-niuon or port of c:nbarkation when delivery and acceptance are at 15. CONTINGENT FEE. If the oseror, by checking the appropria.e either of those points, or from the date correct invoice or voucher is box provided therefor, has represented that he has employed or retained received in the office sp+ci5ed by the Government, if the latter date a company or person (other than a full-time bona Ede employee work-is later than date of delivery. Payment is deemed to be made for the ing solely for the oHeror) to solicit or secure this contract, or that he purpose of earning the discount on the date of mailing of the Govern- has paid or agreed to pay any fee, commission, percentage, or brokeage ment checi. fee to any company or person continge st upon or resultine from the
- 10. AWARD OF CONTRACT. award of t'his contract, he shall furnish,in duplicate, a complete Stand.
(a) The contract will be awarded to that responsible oEeror whose ard Form !!9, Contractor's Statement of Contingent or Other Fees. If oderor has previously furnished a completed Standard Form 119 to the oRer conforming to the solicitation will be most advantageous to the oSce issuing this solicitation, he may accompany his oHer with a signed Government, pnce and other factors considered. (b) The Government resrves the right to reject any or all oHers statement (a) indicating when such completed form was previously rnd to waive informalities ar.d minor irregularities in oHers received. furnished, (b) identifying by number the previous solicitation or con-tract, if any, in connection with which such form was subm:ned, and (c) The Government may accept any stem or group of items of any (c) representing that the statement in such form is applicable to this oEct, unless the oReror qualifies his oEer by specine limitatiens. UN. oger, LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS . MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16. PARENT COMPANY. A parent comDany for the purpose of this THOSE SPECIFIED: AND THE GOVERNMENT RESERVES oder is a company which either owns or controls the activities and buic THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A business policies of the offeror. To own another company mea,s the QUANTITY LESS THAN THE QUANTITY OFFERED AT THE UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES parent company must own at least a majcrity (more than 50 percent) OTHERWISE IN HIS OFFER. of the soring rights in that company.To control another compary,such (d) A written award (or Acceptance of . ownership is not required; if another company is able to for.,ulate, wise furn,shed) a, to the successful eneror withm,OEer) mailed (or other*determine, or veto basic busiriers policy decisions of the oHeror, such the ume for acceptance specined in the oEer shall be deemed to result m a binding contract other coinpany is considered the parent company of the oReror, his control may be exercised through the use of dominant minority voting h f lowing aragrap : e) o gh (h) apply only to negotiated rights, use of proxy voting, contractual arrange:nents, or otherwise. e) he Government may accept within the time specined therein, 17. EMPLOY any oder (or part thereof, as provided in (c) above), whether or not advertised soh,ER'S, IDENTIFICATION citauons.) NUMBER. The eneror shallinsert in the (Applicable only to applicable space
. thIre are negotiations subsequent to its receipt, unless the offer is with. on the oder form, si he has no parent company, his own, Employer's drtwn by wntten notice received by the Government prior to award. Idenuncation Number (E..L No.) (Federal Social Secunty Number If subsequent neptiations are conducted, they shall not constitute a used on Employer *: Quarterly Federal Tax Return, U.S. Treasury reirction or counter oEer on the part of the Government. Department Fonn 941), or, si he has a parent company, the Employer s (f) The right is reserved to accept other than the lowest oder and Identincauon Number of his parent company.
to reject any or all oEers. (g) The Government may award a contract, based on initial oEers 18. CERTIFICATION OF INDEPENDENT PR!CE DETERMINATION. received, without discussion of such oHers. Accordingly, each initial oRet should be submitted on the most favorable terms from a price (a) His certincation on the oEer form is not applicable to a foreign tnd technical uandpoint which the oEeror can submit to the Govern- oEcror submitting an oder for a contract which requires performance m tat. or delivery outside the United States,its possessions, and Puerto Rico. (h) Any financial data submitted with any oEer hereunder or any (b) An orTer will not be considered for award where (a)(1), (a)(3),
. representation concerning facilities or financing will not form a part or (b) of the certincation has been deleted or modi 6ed. Where (a)(2) of tny resulting contract; provided. however, that if the resulting con- of the certification has been deleted or modified, the offer will not be trr.ct contains a clause providing for price reduction for defective cost considered for award unless the oReror furnishes with the oEer a signed er pricing data, the contract pnce will be subject to reduct on sf cost statement which sets forth in detail the circumstances of the disclosure sr pricing data furnished hereunder is incomplete, inaccurate, or not and the head of the agency, or his designee, determines that such dis-current. closure was not made for the purpose of restricting competition.
- 11. GOVERNMENT. FURNISHED PROPERTY. No material, labor, or- 19. ORDER OF PRECEDENCE. In the event of'an inconsistency be-fr.cilities will be furnished by the Government unless otherwsse pro. tween provisions of this solicitation, the inconsistency sha!! be resolved vided for in the solicitation. by giving precedence in the following order: (a) the Schedule; (b)
Solicatauon Instructions and Condidons; (c) General Provisions; (d)
- 12. LABOR INFORMATION. General information regarding the re. other provisions of the contract, whether sncorporated by reference or quirements of the Walsh.Healey Public Contracts Act (41 U.S.C. otherwise; and (c) the specincations.
. u s . . ... .-... ..-s .. . i s . . -s s . .,. ~ i STANDa RD 'FOR u *.3-A seck (Rev. 3-rs
)
c~ 'r s' u- : i .. R..ADM-79-387
..o Page 9 t
i C.2 0 The follcwing is added to Clause 9 "Oisc:ents," Sutcaragrapn (a): F l For the purpose of bid evaluation, any promo payment disc unt whien is eligible (i.e., for a perico of 20 days or more) for ,c:nsiceration in the evaluation of bics pursuant to :nis paragraph will be acplied directly to the price offered. For ; the purpose of payment, when the premo; payment discount is earned, the full discount will be deducted, otherwise any ! pr==st paymen: disc:unt in excess of 5 percent will be censidered by the Government only as preco: payment of 5 per:ent and any i percentage in excess of 5 percen: will be considered as a special -
- discount, which the bidder or offerce agrees tha: the Government !
will be entitled to regardless of when payment is made. i i f C.21 pursuant to the provisiens contained in Clause C.5, paragracn (b), talegraphic bids are not authorized. C.2 2 NONDISCRIMINATION SECAUSE OF AGE -(.:PR l-12.100T) It is the policy of the Executive Branch of the Government that (a) : c ntractars and succ:ntract:rs engaged in the performance of Feceral :
.c:n:racts shall not, in cennecticn witn the empicyment, advancemen ,
b or discharge of emolcyees er in c:nnecticn with tne terms, c:nditicns, L or privileges Of tneir emoleyment ciscrimina:e agains: pers ns because j; cf their ace exce; u:cn the basis of a tena fice Occu:atienal cualificatica, retir ment plan, or statutory recuirement, and (b) that c:ntrac :rs i and subccr. trac::rs, er per:ons acting en their behalf, shall not s:ecify, in solicitaticas or acvertisaments f:r Em:lcyees to work cn Governmen: c:ntracts, a maxi =un age limi: for sucn em lcyment unless the specifiec maximum age limi: is basad u en a bona fide cc: 01-icnal . y qualift:a:f =n, retirament plan, er s stu::ry re;uiremant. ' C. 2 3 LISTING OF EMPLOYMENT OPENINGS (1-12.1102-2) Bidders and offerers should nota that this solicitaticn includes a provisicn re:uiring the listing of employment ccenings with the local office of the Federal-State employment service systam wnere a c:ntract award is for
$2,500 or more.
- C.2 4 TYoE OF CCNTRACT It is c:ntamplated 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.
C e
'w s, K e4 -
s . . RS-ADM-79-387
* :o Page 10 C.2 5 CC Fi.!CT OF IN EREST Tnere are two paramount principles.which the C: mission must consider in deterr.ining if a conflict of interest would exist by award of this work:
~
- 1. Does the award in any way give rise to a c:nflict tnat biases or .
prejudices the results tna: the C: mission expects from the prcpesed work;
- 2. Would. the award put the centractor in r t unfair c:mpetitive
.advan,tage with respect to other centract:rs. -
In Order to assist the C: mission in acolying the above two principles to su:mi::ed preposals, the offerors should describe any significan: centractual and organizational relationships of the offerer,1 s emolayees or excected sube:ntracters on this centract, with industry associations -(e.g. , utilities , etc.) and su pliers thereof (e.g. , arenitec engineers and reactor manufacturers, etc) wnich mignt give rise to an apparent or actual c nflic: of interest in the' event of a centract award to offerce. Examples of scme of the rela:!cnships whien would be of concern to the NRC in this contaxt are generally described in the attached policy statsent, attached hereto as Attachmen: M.1.2, C.2 6 SiALL EUSINEI3 IIII 37;3c;ggs The Cen:rsc-ing Officer has determined that the cataria' descrf bed herein is classiried under the Standard Classificatien, Manual as Number 7392 and a concern whose average annual receipts for its preceding 3 fiscal years do not exceed $2 million is considered as small business concern. 4 S k 9 4 5
n . _,- 3- : s.
.[
. ,e RS-ADM-79-387 Page 11 (FPR 1-1-706-5(c))
C . 2 7. , Nones ce Tout SaaA!.L BCsDess SEr As!!IE (a) Ceneral Bids or proposals under this procurement are solicated only from (1) small busmess concerns and (2) eligible or. ganizauons for the handicapped and handi-capped individuals under the Small Busa-pess Act. The procurement is to be awarded only to one or more such concerns, organiza-tions, or individuals. Th s action is based on a determmauon by the Contracting Officer. ,
- alone or m conjuncuan with a representa- l
- tsve of the Small Business Administrauon. '
that it is in the interest of maintaining or mobilirsns the Nation's full producuve ca-pacity, or in the interest of war or national A:. defense programs. or in the interest of as- ' sur1r g that a fair proportion of Government procurement is placed with small busmess concerns, or in the interest of assisting etags. ble organszations for the handicapped and handacapped individuals. Bids or proposals received from others will be considered non- - responsive. - th) De/tnftfons. The term "small busmess - I concern" means a concern, includmg its af. filiates, which is independently owned and I operated,is not dominant in the field of op-eration in which it is bidd*I.g on Govern +
- Pent contracts, and can further qualify under the entena set forth in the reguia-tions of the Smail Businesr, Admmistration (13 C7R 121.3-3). In addition to meetmg these enteria. a manufacturer or a regular dealer submitttr.g bids or proposals in has 05T1 name r::ust arree to furmsh in the per-formance of the contract end items manu.
. factured or produced in the United States.
I.s terntories and possessions. Common.
. wealth of Puerto Rico the Trust Terntory of the Pactfac Islands and the District of Columbia. by small busmess con, erns: Pro-rided. That this additfons! requirerr.ent does not spply m connection with construe-tion or sernce contracts. .
IEnd of notice] I LA<
,_-7 *
,. ~ -
.o e RS-ADM-79-387 Page 12 C.28 PROPOSAL PRESENTATION AND FGF1t'iT
~
- a. Pr ::sais will be typewritten or recreduced on le::er-size caper and will be legible in all required ecpies. Unnecessarily elaborate br chures or o:her presentations bey:nd :ta: sufficien: to present a ::=plete and effe::ive proposal are no desired and may be construed as an indica:icn of the efferer's lack cf : s: cens:icusness. Elaborate ar works, expensive paper anc binding, expensive visual and c ner -
presentation aids are neitner necessary nor cesired.
- c b. In order
- : condu:: :he evaluation as expediticusly and as ::=:re-hensively as possible, the Governmen: desires tha: Offerers respond in a:::rdance with the gui elines se: f rth below:
.-r:: sals submi::ed in response to -:nis..
e.epues:
. f:r Pr:pesal sha..
ri be ia two (2) parts: . A "Techni:al Pr:pesal" and a "Cos: Pr:pesal." Submit f:ur (4) c::ies of each. Each cf the sarts shall be separate and ::: lete in itseii-
- so :na; evaluation of one may be act : lished incependently of the evaluation of the other.. All cc: ments submitted shall have a ::ver age wita :ne identifying R.:? title, the sciiti:ation r.u=:er, and name of :ne offeror.
(1) TECHNICAL FROF05AL - (See the following aracra:h No. C.31 for specific content requirements.) The " Technical Proposal" shall not contain any reference to cost. Resource information such as data concerning labor hours, 'and categories, materials, subcontracts, travel, computer time, etc., shall be included in the " Technical Prc:: sal" so that offeror's understanding of the s::pe of- work
. may -
be evaluz:ed. s
~
. (2) COST PROPOSAC - The can: rat:Or shall utilize the 0 :icnal Fon: 60, Centra::ing Pricing Proposal (Researen and Develocmen:)
in sudmitting nis ::s: procesal. Offerers =ay, h wever, sub=i: the necessary infor=a:icn in a different ferma: wnere :ne efferor's e
*e e
r
f . .
.. ~
- f. ,
RS-ADP.-79-387 Page 1;
- s. .
ac:::unting sys:a makes the use of the fer s i=:rectical, Or. when recutred r.cr a core errec ive anc er...:1c:ent cresanutien er cost infor.ation. In either instance, the information furnished shall incluce pertinen details sufficient to shew the elements of c::s: upon wnich the :=ul c::st is predicatad. Cost wi1T be evaluarad en reas nableness, validity and reliability. If your rec:rds are currently under audit c:eni:ance of a Govern- ' ment audit agency, the address and talecnone of tna: offica sh:uld be furnished. One (1) c::py of the technical and c:s: prc:csal shall be submittad by the offer:r : the c:gniun G.:vern=ent audit agency c ncurrent with tne submit:21 of the pr pcsal t: One NRC.
- C. 29.' TECM.*liCAL FROPOSAL CON INT -
i :e Offerer shall sub=i with his tachnical ;;r:: sal full and. ::::lets : infer.arion in the order set fcr h beicw :: pe:-.;; : e Gcver=en: .: =aka a ::::rcuen. evaluaticn and a sound detar: lina: den -hat the pr:pesed a::rcach will have a reascnable likalthecd of =eeting -he recuirecents and chjectives of this cr:curren: in accercanca wita the evalua:ica critaria sa: f::r-h uncar paragra;:n 20 cf this sacti n. Sta:mena whica cars::hrase the se:::e cf work witheu: c- ..enicating the s ecific innovation prc::csed by the offer:r cr s:ztamenu :: ne effec: tna: :ne efferer's undersandinc can or will c==iy wi-h the sc::a of wert may 'ce c:ns : .:ed as an indic2 ica of the offer:r's lack cf unc2rs 2nding cf the sc::e of work and objectives. The technical ;re::csal shall set fer-h as a mini =um the f liewinc: (i) Discussicre of the sc::ce of'wcrt recuirment: *:: substancia:a the offer:r's uncersuncing of the .r olem and his ;:r :csed methcc cf a acpr:ach :: =eet the c::Jec-ive. (Z) Discussion Of the efferer's ex::erience in the conduct of the preposed counseling. . List clients forswhom this service has been provided including
'the contract numbers and Government and private sector points of contact.
~(3) Include resu=e,s for all crafessional pers::nnel to be utilf red in -the
. pe.dcr ance of any resulting c:ntract. Include educational back-gr:und, s:ecific pertinent work experience and a list cf any pertinen-
- - - - . -publica:icns authored by the individual.
u.._
- _-_____ e (4) Indicate potential pr::blem arsas and the appreai:h t:: be taken ::: res:1ve said areas.
(5) Stataments of any incarpren.:icns, reccirements, or assu ::icns .ade
. by - the effercr.
. . . . . . . .. t
RS-ADM-79-387
- e Page 14 M
e C.3 0 w r e n..::z _. ___.w.* . .k~ n _u.r.r.u 2. :..,.b ..:.:. t.:r.u
. _ s-
, A. COST pR0pCSAL Offeror's c:s: proposal shall be submi::ed on Optional For= 50 or similar f:: .at, su=cr:ed by necessary schedules and escumer.:a:icn, including bu: not limited : the following: Material - A deuiled listing of items including the cuality, basis cf =s: estimate, uni: =st, and scur:es cf =st. , Labor .
- The basis for the estimated hours broken down by ca:escry and ask, and the source of labor rates.
Indire : C:s: - The sour:e and basis of de:armina:icn of all.indire:: c:s:s. , . Travel - A breakdewn cf all ravel by rips, segregating all transpor 2:icn and per diem =s:s. A copy of :ne efficial Eevernment approval of -he c3fer:r's ravel policy if granted, er in lieu thereef, a : py of . e efferce's ravel policy. 0:ner - ine or arcr's fiscal at::enting period (Fiscal Year) and the name, address, and :ne tale::nene r. umber Of
- ne effer:r's =gnizan: Govern: .en: audi agency.
3. The rr.anagement asce: s snali include but not be limi ad c the following and any ca.2 per.inen: :here:c:
- a. Management organization and structure delineating areas of responsibility and authority'under the proposed effort, escecially those of the project menager.
- b. Procedures for project management's review of work in progress and for coordinating with the NRC Contracting Officer's Technical Representative .
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. C.31 NOTICE OF PROPRIETARY INFORMATION In cases where an offeror wants technical data included in the proposal to be used only fer 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, . j 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 preprie-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 PROPOSALS 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 w!11 be destroyed. *
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C.33 PRIWC PC ImmtJIt'N ^
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This procurement action does require the Contractor to operate a system of recoros on individuals to accomplish an agency functior, in accordance with the Privacy Act of 1974, Public-Law 93-579, December 31,1974 (5 U.S.C. 552a). Specifical.ly, 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 requirements only during the life of the contract and it shall be returned to the NRC upon completion of the contract.
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- RS-ADM-79-387-Page 16 CCTION D - EVALUATION FACTORS FOR AWARD D.l' AMARD OF CONTRACT Notwithstanding paragraph 10 entitled " Award of Contract" of the 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 factors considered. Selection of the successful contractor will 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 proposals received and, hence, that proposals should be submitted initially in the most favorable terms, from a cost and technical standpoint. D.2' EVALUATION OF PROPOSALS
-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 ETPERIENCE 60 Points
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A. Experience of Contractor Personnel to b.e Assigned to this Project I. Demonstrated Career Counseling Capabilities and (40 Points) Experiences - experience in working with individuals on a 20 L - "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) educational background - general 5 educational background - career counseling 5
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-SECTIOND-EYALVATIONFACTORSFORAWARD(Continued)-
1D.2 EVALUATION OF PROPOSALS:(Continued) D.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) m C. Knowledge of. NRC's Organizational
, Structure and Overall Mission (5 Points)
D.E.3 liANAGEMENT 10 Points A. Project Scheduling, Planning and (10 Points) Structure i TOTAL WEIGHT OF f le WEIGHTED FACTORS - 100 POINTS i l l I e i 6 em e
STANDARD Foam 36 e!usw selv::ss ew. JUtY mero r.e41966 CONTINUATION SHEET N j tm. n::. us. ui en; i-iuo' RS- AD.*1 387 18 na.: or cnues ca com:ron L TEM NO, SUMU!$/$1RYl;ES { QUAtHnY UNIT UNIT PA::E M OUNT 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 EA $ $
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.
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F .1.1 The Contractor shall offer an appropriate L interest inventory test or other career
- counseling inethodology or. instruments to each voluntary participant and shall discuss the results with these participants I_ as an integral part of the counseling.
F .1. 2 The Contractor will prepare an evaluatiqn form which will elicit from each voluntary 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 aptitude u_it. u . . . . - ,. u .-i ......-...... , J d
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. STAN*:Af D 708# 36, JULY 1966 atF. No. CF Doc. str4 Cour o. p,teg gcp ct SAL $lte*iCl$ ACyN5;hflC g
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CONTINUATION SHEET RS-ADM-79-387 19 Nami CP Crritom CR Comra4Coe ITEM NO. $UP?UtS/SERYlCIS QUANTITY UNfT UNif 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 of career decision making -
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E , - - _ r # , RS-ADM-79-387 J' Page 20 p F*1*4 ' On 'a quarterly basis, the Contractor shall provide E the NRC with the following (1) names of all voluntary y 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 proyided 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 lupon execution of this contract, the following property and materials will be furnished by the NRC for use'in performance of this contract: (a) Private office space as required ~(not f.o exceed two (2) office spaces) with
-i desk, thr.ee (3) ch. airs and telephone service for each office space
, (b ) Lists of indiv.fduals with telephone" numbers, office locations and'other items necessary to locate individuals to arrange appointments for counseling. ~
These lists should only be ue 2d by the Contractor as a method 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
-j the NRC upon the completion of the contract.
r SECTION G - PRESERVATION AND PACKING G.1 PRESERVATION AND PACKING All materials to be delivered hereunder shall be afforded the degree of i
, 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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,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 e 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 cor. tract, 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).
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- H.4 PLACE OF DELIVERY ~.
. The articler 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. e 6 n-.. or e =e meme e - e e e me
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4 RS-ADM-79-387 Page 22 SECTION I - It:SPECTION AND ACCEPTANCE . 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 J.1 ESTIMATED QUANTITY . 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 GOVEP.NMENT FURNISHED PROPERTY (Sim E'J (FPR l-7.393-7 (c)) a. 4 The Government shall deliver t'o the Contractor, for use only in connection 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 i the Government-furnished property, suitable for its intended use, is not so delivered to the Contractor, the Contracting Officer shall, upon timely written request made by the Contractor, and if the facts warrant such action, equitably adjust any affected provision of this contract pursuant to the procedures of tne " Changes" clause hereof. , b. Title to Government-furnished property shall remain in the Government. The Contractor shall maintain adequate property control records of Government-furni;hed property in accordance with sound industrial practice, l. c. - Unless otherwise provided in this contract. V ' Contractor, upon delivery to him of any Government-furnishe ety, assumes the risk of, and shall be responsible for, any thereof or damage thereto except for reasonable wear and tear, ai.u except to the extent that such property is consumed in the performance of this contract. : I
- d. The Contractor shall, upon completion of this enntract, prepare fo'r shipment, deliver. f.o.b. origin, or dispose of all Government- l furnished property not consumed in the performance of this contract or not theretof,re 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-;m 387 Page 23
~J.3 KEY PERSONNEL p.
In accordance with Clause 44 of this. contract, following individual (s) are considered to be essential to the conduct of the work being performed herein, of and shall not the Contracting be replaced without. the prior written approval Officer. In such event, the Contractor shall equal qualifications and abilities. agree to replace such individual with a person (TO BE INSERTED AT AWARD) J.4. PRIVACY 7CT ..
- (FPR l-1.327-5 (c))
(a) The Contractor agrees: . (1) To comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, develogrent or operation of any system of records on individuals in order to acccmplish an agency > function when the contract specifically identifies (i) the sysrem or systems of records and (ii) the work to be performed by the contractor in tems of any one or, ccnibination of the following: (A) design, (B) develcment, or (C) operation; (2) j 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, develou mnt, or operation of a system of records on individuals to accomplish an agency function; and
-(3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design, develoment, 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, , developmnt, or cperation of a system of records on individuals to am glish an agency function, and criminal penalties ray be ipsed upon the officers or employees system of records of the agency wherehthe violation concerns the operation of a on individm to acconplish an agency function. For purposes of the Act when the contract is for the operation of a system of records on individuals to acecrrplish an agency function, the contractor is considered to be an e::ployee of the agency. (c)
!.1)
The terms used in this clause have the folicwing meanings: e
" Operation of a system of records" reans per'ormance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records.
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- PS-ADM-79-387 y
. Page 24 J.4 ' PP.IVACY ACT (Con'dnued)
(2) " Record" means any item, collection or aroupin I about an individual that is rraintained b,~y an ~ agency,ginclucing,
.of information
! but not limited to, his education, financial transactions, nedical I history, and crinunal or employment history and that_contains his nare, 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 means a group of any records under the control of any agency fr:n which inforration is retrieved by the name of the individual or by scnie identifying ntrrber, syrrbol, , or 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 ar.d 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 PRaw.uGN O? IRCIAS5nno Qws napson A. Except as specifically authorized by this contract, or f as otherwise 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 of this contract, transmit to the Commission all
, records or other information, documents and material, and any copies thereof, furnished by the Cocmission to the Contractor. Data developed by the Contractor in the performance of this contract shall not be returned to the Conmission 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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s' * ( RS-ADM-79-387 Page 25 d.5 PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION (Continued) B.. 'Ite Centractor shall be responsible for safeguarding frcrn unauthorized disclosure any inforation or other docu::ents and traterial-exempt frca public disclosure by the Ccmnission's regulations and made available to the Centracter in connection with the perfor::tance of work under this contract. The Contractor agrees to conform to all regulations, ^ recuirements, and directions of the Ccurussion with resp to such material. C. The Contractor's duties under this clause shall not be construed to limit or affect in any way the Centractor's obligation to conform to all security regulations and requirerents of the C%-sien cer* h ng
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a classified information a:x1 material.
'SECTION K - CONTRACT ADMINISTRATION DATA K.1 AUTFORIZED REPRESENTATIVE The Contracting Officer may designate one or more authorited 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.
k.2 Billina Instructions General. The contractor shall submit vcuchers or invoices as prescribed
- herein.
Forn. Claims shall be submitted en the payee's letterhead, invoice or . on tne Government's Standard Fann 1024 "Public Vcucher for Purchases and ;- Services Other Than Personal," and Standard Fonn 1035 "Public Voucher for Purchases Other Than Perscnal -- Continuation Sheet." These forms
, are available frem the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Cocies and Mailinc Address.. An original and six copies shall be sucmitted to NRC offices icentified belcw. , c
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RS-ADM-79-387 Page 26 Frecuencv. 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 (without strikeovers) and corrections or erasures i must be initialed. It must include the following: (a) Payor's name and address. (i) Address the original voucher (with 4 copies) to': U.S. Nuclear Regulatory Comission, Division of Accounting, Office of the Controller, ATTN: GOV /CCM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U.S. Nuclear Regulatory Ccmission, ATTH: E. L. Halman, Director, Divisica of Contracts, Washington, DC 20555. (iii) The cricinal conv of the voucher should indicate that (2) cocies nave oeen for.varcea to :ne Contractina Officer. (b) Voucher number. (c) Date of voucher,
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j (d) Contract number and date. - (e) Payee'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. *
, (i) . 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. l
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+ 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 herssi by thir reference. ~
L.l.1 FPR Changes and NRC Additions to Standard Form 32 General Prcvisions is further modified as folicws: . L.l.1.1 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 "minorir iness Enterprises Subcontracting *
' Program" is deleted in its ent L.l .i .3 Clause No. 33 entitled " Preference For U. S. Flag Air Carriers" is deleted in its entirety.
L.I .l .4 Clause entitled " Key Personnel" is hereby added as Clause No. 44 PART III - LIST OF DOCUMENTS AND ATTACHMENTS SECTION M - LIST OF 00CUMENTS AND ATTACHMENTS M.1 _ This solicitation contains the following attachments: M.I .T Fixed Price Supply Contract General Provisions, dated February 15, 1978, which incorporatcs the Standard Form 32 (REY 4-75) General Provisions and FPR ( June Changes
, 1976) . and Additions to Standard Form 32 General Provisions M.l.2 General Statement of Policy Regarding the Avoidance of Contractor
( Organi:ational Conflicts of Interest. I - [ i M l.3 Cptienci Fagn 60, Contracting Pricing Proposal (Research and Development) l~ L m
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- RS-ADM-79-387 Page 28 Clause .No. 22
- UTILIZATION OF LABOR SURPLUS AREA CONCERN 5 (FPR l-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 pa.ragraph (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. , w - 4 e
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-ATTACHMENT NO. M.l.1 2/15/78 Consisting of Pages L through 23 CENERAL PROVISION FLXED PRICE SUPPLY CONTRACT 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 PACE 1 Definitions..................................................... 1 .
2 Changes......................................................... 1 3 Extras.......................................................... 1 4 Variation In Quantity........................................... 1 . 5 Inspection...................................................... 1 : 6 Re s po nsib ility Fo r Supp lies . . . . . . . . . . .s . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 7 Payments........................................................ 2 8 Assignment of C1 aims............................................ 2 9 Additional Bond Security........................................ 2 10 Examination o f Records By Comp troller Gene ral. . . . . . . . . . . . . . . . . . . 2 11 : Default......................................................... 2 12 Disputes........................................................ 3 13 Notice and Assistance Regarding Patent and Copyright Infringement.................................................. 3 14 Buy American Act.................................. ............. 3 15 Convict Labor......................................... ......... 4
'16 Contract Work Hours and Saf ety Standards Act -
Ov e r time C omp ensa tio n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17 Walsh-Healey Public Contracts Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18 Eq ua l Op p o r tuni ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19 O f f icials No t To Bene fit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2C Covenant Agains t Contingent Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 Utilization of Small Business concerns . . . . . . . . . . . . . . . . . . . . . . . . . . 5 22 Utilization o f Labor S urplus Area Concerns. . . . . . . . . . . . . . . . . . . . . . 5 ,
'23 U tilization of Minority Business Concerns . . . . . . . . . . . . . . . . . . . . . . . 5
.24 P ricing o f Adj us tments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 5 25 Payment of Interes t On Contractors ' Claims. . . . . . . . . . . . . . . . . . . . . . 5 26 - Al t e r a tio ns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
, 27 Listing of Employment 0panings.................................. 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 Covernment. . . . . . . . . . . . . . . . . . . 12 32 Minority Business Enterprises Subcontracting Program. . . . . . . . . . . . 17 33 Pr ef er ence Fo r U. S . Flag Air Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 i'a cice To the Government of Labor Disputes . . . . . . . . . . . . . . . . . . . . . . 18
~35 Persits......................................................... 19 36 Renegotiation................................................... 19 37 Pa te n t I n d emn i ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 38 Reporting Royalties............................................. 20 39 No tice Re ga r d ing La t e De liv e ry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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.s GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.)
t ARTICLE' TITLE PAGE 40 41 Stop Work Order ............................................. 21 Publ i cation and Publ i city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 43 Dissemina tion of Contract Infomation . . . . . . . . . . . . . . . . . . . . . . . 22 Wo rk fo r Ot he rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 i l.
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GENERAL PROVISIONS a (Supply Contract)
' 1. der!NrnONS without limitation raw materials. remponents, intermeeliste As used throughout this contract, the following terms shall memblies, and end pmducts) ahall be subject to innwetism and hive the meaning set forth belowt test by the Government. to the extent practicable nt all timeg and (a) The term " head of the agency" or " Secretary" as used places including the period of manufacture,and in any event pnor herein means the Secretary, the Under Secretary, any to acceptance.
Assistant Secretary, or any other head or assistant head (b) In case any supplies or fots of supplies are elefective in of the executive or military department or other Federal material or workmanship or otherwise not in conformity with the agency; and the tens "his duly authorized representative" requirements of this contract the Government shall have the means any person or persons or board (other than the right either to reject them (with or without instructions as to Contracting OScer) authorimd to act for the head of the their disposition) or to require their cornetion. Supplies or iots agency or the Secrwtary, of supplice which have been rejected or required to be corrected (b) The tena " Contracting OScer" means the person execating shall be removed or,if permitted or requind by the Contracting this contract on behalf of the Government, and any other OSeer, corneted in place by und at the expense of the Contractor oseer or civilian employee who is a properly designated promptly after notice, and shall not thereafter be tendered for Contractmg OScer; and the term includes, except as other- acceptance unless the former rejection or requirement of corree-wise provided in this contract, the authorised representa- tion is disclosed. If the Contractor fails promptly to remove such tive of a Contracting Oscar acting within the limits 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) Except as otherwise prwided in this contract, the term the Government either (i) may by contract or otherwise replace
" subcontracts" incindes purchase orders under this or correct such supplies and charge to the Contractor the cost contract. ocessioned the Government thereby, or (11) may terminate this ..
contract for default as provided in the clause of this contract
- 2. C ANCIE entitled "De ault." Unless the Contractor corMets or replaces
- d The Contracting O&er may at any time. by a written order. such supplies within the delivery schedule the Contrneting Omcer and without notice to the sunties. 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 following: which is equitable under the circumstances. Failure to agree to (i) Drawings. designs or rpeciacations where the supplies to be such reduction of pnce shall be a dispute concerning a question firnished are to be specially manufactured for the Government of fact within the meaning of the cIsuse of this contract entitled in accordance therewith; (ii) method of shipment or packing; " Disputes."
and (iii) pines of delivery. E any such change causes an increase (e) If any inspection or test is made by the Government on the or decrease in the cost of. or the time requind for, th perfor m premises of the Contractor or a subcontractor, the Contractor (nee of any part of the work under this contract, whether changed without additional charge shall provide all reasonshie facilities or not changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Governm. be made in h contract price w deHvery schedule, a both, and inspectors in the performance of their duties. If Governmes the rentract shall be modiSed in wnting accorumgly. Any daim by inspection or test is made at a point other than the premises of the Ontnetor for adjustment under this clause mest be asserted the Contractor or a subcontractor it shall be at the expense of within 30 days from the date of receipt by the Cc.ntractor of the the Government except as otherwise provided in this contract: nitiAcution of change: Providmf. Aaisever, mt the Contracting Provided, ht in case of rejection the Government shall not be Omeer, if he decides that the facts justify such action, may re-liable for any reduction in value of sunples used in connection l crive and act upon any such claim asserted at any time prior to with such instiection or test. All inspections and tests by the anal payment under this contract. When the cost of property Government shall be performed in such a manner an not to unduly made obsolete or excess as a result of a change is included In the delay the work. The Government reserves the right to charze to C4ntractor's claun for adinstment, the Contracting Oscer shall the Contractor any additional cost of Goveniment inspection and have the right to presenbe the manner of disposition of such test when supplies are not ready at the time such inspection and property. Failure to agree to any adjustment shall be a dz,spute ' test is requested by the Contractor or when reinspection or retest concerning a question of fact within the meaning of the clause of is necessitated by pnor rejection. Acceptance or rejection of the this contract entitled " Disputes." However, nothing in this clause supplies shall be made as promptly as practiemble after delivery, shall excuse the Contractor from proceeding with the contract as acept as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the 1 EmtAg Contractor from responsibility for such supplies as are not in ac ance entmt N &nwn W nPue h W y Eacept as otherwise provided in this contract. no payment for
'" O* " "'"* * '
extras shall be made unless such extras and the price therefor - have been authonzed in wnting by the Contracting Omcer. (d) The inspection and test by the Government of any suppl.,es or lots thereof does not reneve the Contractor from any responsi.
- 4. VARIATION IN Qt'ANTITy bility regarding defects or other failures to meet the contract No variation in the quantity of any itsm called for by this con. requirements which may be discovered prior to acceptance.
tract will be accepted unless such variation has been caused by Except as otherwise provided in this contract. seceptance shall conditions of loading, shipping, or packing, or allowances in be conclusive except as regards latent defects, fraud, or such manufacturing processes, and then only to the extent, if any, gross mistakes as amount to fraud. spec 25ed elsewhere in this contract. (e) The Contractor shall provide and maintain sn inspection system acceptable to the Government envering the supplies
- 5. fNarocTtow her-under. Records of' all insocetion work by the contractor (a) All supplies (which term throughout this clause includes shall be kept complete and synilable to the Government during srasomeo reau si taw. a-m ss-ies 1 ement.e try csA. rpm tot crm tas.4ca
'e
the performance of this contruet and for auch lergar period as surety fails to furnish reports as to his Snancial enndition from time to time as requested by the Government, the Contractor shall may be speci6ed elsewhere in this contract. promptly furnish such additional sceurity as may be required
- 6. Rosrowsrsit,try von Surrurs from time to time to protect the interests of the Government and Except as otherwise provided in this contract, (1) the Con- of persons supplying labor or materials in the prwecution of the tractor shall be responsibla for the supplies covered by this work contemplated by this contract.
contreet until they are delivered at the designatad delivery point, regardless of the point of inspection; (ii) after delivery to the 10. NMINArION Or Rtconos av Cour rnount Grsr.aAl. Government at the designated point and prior to acceptance by (a) This clause as applicable if the amount of this contract the Government or rejection and giving notice thereof by the exceeds $10,000 and was entered into by means of neg..tistmn. Government, the Governn ent shall be responsible for the loss or including small business restricted advertising, but is not appli-destruction of or damage to the supplies only if such loss. cable if this contract was entered into by means of formal destruction, or damage results from the negliganee of cmeers, advertising. trenta, or employees of the Government acting within the scope (b) The Contractor agrees that the Comptroller General of the a f their employment; and (iii) the Contrnetor shall hear all risks United States or any of his eluly authorized representativas shall, ca tn rejected supplies after notice of rejection, except that the until the expiration of 3 years after final payment under this Government shall be responsible for the loss, or destruction of, oe contract or such ichner time speci6ed in either Appendia M of the damage to the supplies only if such loss, destruction nr damare Armed Services Procurement Rerulation or the Federal Prneur~ results from the gross negligence of otheers, arenta or employees ment Regulations Part 1-20, as appropriate, have seems to and of the Government acting within the scope of their employment. the right to examine any directly pertinent bonks, einenments.
- papers, and records of the Contractor involving transactions re-7 pgug7, lated to this contract.
The Contractor shall be paid, upon the submrssion of proper (e) The Contractor further agrees to include in all his sub-invoices or vouchers, the prices stipulated herem for supplies contracts hereunder a provision to the effect that the subcontrac-del'ivered and accepted or semees rendered and accepted, less tor agrees that the Comptroller General of the United States or deductions, if any, as herein provioed. Unless otherwise specified, any of his duly authorizad npresentstives shall. until the expira-payment will be made on partial deliveries accepted by the Gov- tion of 3 years after final payment under the suheentract or such ernment when the amount due on such deliveries so warrants; lesser time speci6ed in either Appendix M of the Arnied Services (r, when requested by the Contractor, payment for aceupted par- Procurement Regulation or the Federal Procurement Regulstions tial deliveries shall be made whenever such payment would equal Part 1-20. as appropriate, have access to and the right to examine er exceed either 31,000 or 50 percent of the total amount of this any directly pertinent bonus, documents papers, and records of such subcontractor, mvolving transactions related to the sub-ontract.
- 8. Assrmstm7 or Ct. AIMS contract. The term "subcontraet" as used in this clause excludes (a) Pursuant to the provisions of the Assirnment of Clairns (1) purchase orders not exceeding $10.000 and (2) subcontrarte Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C.15), if this or purchase oniers for public utility services at rates estabbshed for uniform applicability to the g=neral public.
contruct provides for payments ag~rerating 31,000 or more, claims for moneys due or to become due the Contractor from the (d) The periods of necess and examination describ-4 in (b) Government under this contract may be assigned to a bank, trust and (c), above, for reentds which relate to (1) appeals under compsny, or other financing institution, including any Federal the " Disputes" clause of this contract. (21 litigatinn or the lending agency, and may thereafter be further assigned and settlement of claims ariting out of the performance af this enn-reassigned to any such institution. Any such assignment or re- tract, or (3) costs and e xpenses nf this centract as to which ex. Lssignment shall cover all amounts payable under this contract ception has been taken by the Comptroller General or any of his Ond not already paid, and shall not be made to more than one duly authorized representatives, shall continue until such appeals. party, e;teept that any such assignment or reassignment may be litigation, claims, or exceptions have been disposed of. made to one party as agent or trustee for two or more parties " # participating in such financing. Unless otherwise provided in (a) The Government may, subject to the provisinns of pars-this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided graph (e) below, by written notice of default to the Contrartnr. terminate the whole or any part of this contrnet in any one of in said Act, as amended, be subject to reduction or setolT. (The the following circumstances: .
. preceding sentence applies only if this contract is made in time of (1) If the Contractor fails to rnake delivery of the supplies nr war or national emergency as defined in amid Act and is with the to perform the service s within the time specified herein or any Department of Defense, the General Services Administration, the Energy Research and Development Administration, the National extension therent: or (ii) If the Contractor fails to perform any of the other pro.
Aeronautics and Space Administratinn, the Federal Aviation visions of this contract. or so fails to make proerens as to Administration, or any other department or agency of the t'nited endanger performanc.. nf this enntract in accordance with its States designated by the President pursuant to Clause 4 of the terms, and in either of these two circumstances does nnt rure prnvino of ecetion 1 of the Assignment of Claims Act of 194n, as such failure within a period of 10 days (or such Innece period l nmended by the Act of May 15,1951, 65 Stat. 41.) as the Cnntractine Omeer may authorste in writing) after (h) In no event shall copies of this contract nr of any plans, Pereipt nf nntice from the Contractine Ofhe"r spwifvme such ' me,if cations, or other similar documents relating to wnrk under
#8 this contract,if marked " Top Secret,"" Secret," or " Confidential."
b= furnished to any ansienee of any claim arising under this (b) In the event the Government termirates this contract in enntract or to any other person not entitled to receive the same. whole or in part as ermided in perscraph (a) of tin
- elause. tha Hnwever, a enpy of any part or all of this contract so marked may Government may procuit. upon such terms and in euch manner he formshed, or any information centained therein may be dis, as the Contractinc Omeer may deem approprinic. supplice or i services s.milar in those so terminated, nnel the Contractor abnD cloe d, to such assirnee upon the prior written authoritation of be liable to the Covernment for any excess ensts for such similar the Contracting Omeer, supplies or services: Pr..rMed, That the Contracter e lln continue
- 9. A nofTtoN %t. BONn SF.CtfRrTY the performance of thr* contract to the estant rot terminated if any surety upon any bond furnished in connection with this under the provisions of this clause.
contract becomes unacceptable to the Gove nment or if any such (c) Except with rernert to defaults of =ubrantractors the
'srANDAno Poau n (s... a_73; 2 j )
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- s. -
i Cont metor shall not be liable for any excess costs 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 negligence of the Contractor. Such causes of the Contracting Omcer shall be final 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, fires, floods, epidemics. quarantine restnctions, a written appeal addressed to the Secretary. The decision of the strikes, freight embargoes, and u tusually severe weather; but Secretary or his duly authonzed representative for the determi. 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 juradiction 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 anses out of causes beyond the control of both as necessarily to imply 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 opportunity to be fir any excess costs for failure to perform, unless the supplies heard and to orYer evidence in support of its appeal. 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 contract 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) This " Disputes" clause does not preclude consideration of (a) of this clause, the Government, in addition to any other nghts law questions in connection with deci.cians provided for in para. provided in this clause, may require the Contractor to transfer graph (a) above: Peorided. That nothing in this contract snall be title and deliver to the Government, in the manner and to the construed as making final the decision of any administrative extent directed by the Contracting Omcer, (i) any completed omeial. representative. or board on a question of law. supplies, and (ii) such partially completed supplies and materials, parts. tools, dies, jigs. fixtures, plans, drawings, information, 13. NoT2cz AND AssrsTANcz Rec 4aorNo PATENT AND and contract rights (hereinafter called " manufacturing ma. CorrarcuT INnt NcEMENT tcrials") as the Contractor has specifies!!y 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 310.000. . as has been terminated; and the Contractor shall, upon direction fa) The Contractor shall report to the Contracting Omcer. cf the Contracting Omcer, protect and preserve property in promptly and in reasonable wntten detail enen notice or claim : possenion of the Contractor in which the Government has an of patent or copyrignt ininngement based on the performance of interest. Payment for completed supplies delivered to and ac. this contract of which the Contractor has knowledge, erpted by the Government shall be at the contract price. Payment (b) In the event of any claim or suit arainst the Government fir manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infringement Government and for the protection and preservation of property arising out of the perfonnance of this contract or out of the une shall be in an amount agreed upon by the Contractor and Con. of any supplies furnished or woric or services performed her* tracting Omeer; failure to agree to such amount shall be a dispute under, the Contractor shall furnish to the Government, when concerning a question of fact within the meaning of the clause of requested by the Contracting Omcer, all evidence and information this contract entitled " Disputes" The Govertiment may withhold in possession of the Contractor pertaining to such suit or claim. from amounts otherwise due the Contractor for such completed Such evidence and information sinalt he furnished at the espe--~ supplies or manufacturing materials such sum as the Contracting of the Government except where the Contractor has agrew Omcer determines to be necessary to protect the Government indemnify the Government. trainst loas l teause of outstanding liens or claims of fanner lien h:Iders. 14. StrY AMEX 2cAN Ac7 (e) If. after notice of termination of this enntract under the (a) In accuiring end products, the Buy Amerienn Act (41 U.S. provisions of this clause it is determined for any rezson that the Code 10 a-d) provides that the Government gne preference to Contractor was not in default under the provisions of this clause, domestic source end products. For the purpose of this clause: or that the default was esensable under the provisions of this (i) " Components" means thcae articles mater: sis, 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 products" means those articles, materiais, and af the Government, be the same as if the notice of tertnination supplies, which are to be acquired under this contract for public had been issued pursuant to such clause. If, after notice of tenni. use: and , n: tion of this contract under the provisions of this clause, it is (iii) A " domestic source end product" means ( A) an un-determined for any reason that the Contractor was not in default manufactured end prnduct which has been mined or produced under the provisions of this efaune, and if this contract does not in the United States and (B) an end product manufactured in contam a clause providing for termination for convenience of the the Ur.ited States if the cost of the components thereof which Government, the contract shall be equitably adjusted to compen. are mined, pmduced, or manufactured in the United States ex. nate for such termination and the contract modified accordingly; ceeds 50 percent of the cost of all its components. For tha f;ilure to agree to sny such adjustment shall be a dispute cou. purposes of this (a)(iii)(B), components nf for-ien origin of ecrning a question of fact within the meaning of the clause of this the same type or kind as the products referred to in th)(ii) ar enntract entitled " Disputes." (iii) of this c!ause shall be treated as components mined, pro-(f) The rights and remedies of the Governmant provided in this duced, or manufactured in the Umted States. clause = hall not be etelusive and are in addition to any other (b) The Contractor arrecs that there will le deliverad un ler rtrhts and remedies provided by law or under this contract. this contract only domestic source end pmducts. esrept end (c) As used in paragraph (c) of this clause. the terms "sub. products t enntructor" and "subenntractors" mean subcontractnr(s) at (i) Which are for use outside the United States; may tier. (ii) Which the Government determines are not mineil. pm. duced, or manufactured in the United Stateg in suincient and C ms e reasonably r.vailable commercial quantities and of a mtidactm (a) Except as otherwise provided in this contract, any dispute rguality; concerning a question of fact arising under this enntract which (iii) As to which the Secretarv decenninee th. .lome t.c is not disposed of by agreement shall be decided by the Contract. preference to be inconsistent with tha public interest; or 3 smoano roau n ene,. aan
(lv) As to which the
- cretary determims the cost to the Government to be unreasor.able. inurpretations of the Secretary of Labor which are now or may hereafter be in effect.
(The foreromg requirements are administered in accordance with Executive Order No.10582, dated D--her 17,1954.) 18. EQUA2. Orros:rttNITY
- 15. Comt LAnos (The following clause is applicable unless this contract is ex-empt under the rules, regulations, and relevant orders of the In connection with the performance of work under this contract, Secretary of bhor (41 CFR, ch. 60).)
the Contractor agrees not to employ any person undergoing een-tence of imprisonment at hard labor except as provided by Public During the performance of this contract, the Contractor agrees as follows: hw 89-176, September 10,1965 (18 U.S.C. 408:(c)(2)) and Esecutive Order 11765. December 29,1973- (a) The Contractor will not discriminate agamst any employee or applicant for employment because of race, color, religion, sex,
- 16. CONTRACT WOaK HOUna AND SArrrY STAhDAsos Acr- w national wigin. The Contractor will take allirmative action to OvuTIME CourtNsATION ensure that applicants are employed, and that employees are This contract, to the extent that it is of a character specified treated dunng employment, without regard to their ra:e, color, in the Contract Work Hours and Safety Standards Act (40 U.S.C. religion, sex, or national origin. Such action shall include, but not 327-333), la subject to the following provisions and to all other be limited to, the following: Employment, upgrading, demotion.
applicable provissna and exceptions of such Act and the regula- or transfer; recruitment or recruitment advertismg; layoff or tiens of the Seentary of Labor thereunder. termmation; rates of pay or other forms of compensation; and (a) Overtime requirementa. No Contractor or subcontractor aciection for training, including apprenticeship. The Contractor contracting for any part of the contract work which may require agrees to post in conspicuous places. available to employees and or involve the employment of laborers, mechanies, apprentices, applicants for employment, notices to be provided by the Con-traineca, watchmen, and guards shall require or permit any tracting Officer setting forth the provisions of this Equal Oppor-tunity clause. laborer, mechanic, apprentice, trainee, watchman, or guard in , any workweek in which he is employed on such work to work in (b) The Contractor will,in all solicitations or advertisements excess of eight hours in any calendar day or in excess of forty for employees pleewl by or on behalf of the Contractor, state hours in such workweek on work subject to the provisions of th* that all qualified applicants will receive cons.deration for em-Contract Work Hours and Safety Standards Act unless such ployment without regard to race, color, religion, sex, or national origin. taborer, mechanic, apprentice, trainee, watchman, or guard re-ceives compensation at a rate not less than one and one. half times (c) The Coatractor will nend to each labor union or reprewnta. his basic rate of pay for all such hours worked in excess of eight tive of wor'xers with which he has a collective bargaining agrea-hours in any calendar day or in excess of forty hours in such ment or other contract or uncentanding. a notice, to b- provided workweek. whichever is the greater number of overtime hou a. by the agency Contracting Officer, advising the labor union or (b) Violation; liability for unpaid wares; liquidated damages- workert repres ntative of the Contractor's commitments under this Equal Opportunity elsnae, and shall post copies of the notice In the event of any violation of the provisions of paragraph (al, the Contractor and any subcontractor responsible therefor shall in conspievous places available to employees and applicants for employment. be liable to any affected employee for his unpaid wages. In addi-tion, such Contractor and subcontractor shall be liable to the (d) The Contractor will comply with all provisians of Execu-United States for liquidated damages. Such liquidated damaces tive Order No.11246 of September 24, 1965, as amended by enall be computed with respect to each individual labonr, Emeentive Order No.11373 of October 13.1967, and of the rules, regulations, and relevant orders of the Secretary of Labar. mechanse, apprentiec, trainee, watchman or guard employed in violatinn of the provisions of paragraph (a) in the sum of sin ge) The Contractor will furnish all information and reports fJr each calendar day on which auch employee was required or required by Executive Order No.11240 of September 24, 1965, permitted to be employed on such work in excess of eight houn as amended by Executive Order No.11375 of October 13,19CT, 5 ' er in excess of his standard workweek of forty hours without pay- and by the rules, regulations. and orders of the Secretary of ment of the overtime wages required by paragraph (a), Labor, or pursuant thereto, and will permit access to his books, ie) Withholding for unpaid wages and liquidated damages. The records, a nd accounts by the contracting agency and the Secretary Contracting Omcer may withhold from the Government Prime of Labor for purpones of investigation to ascertain compliance with such rules. regulations, and erdern. Contractor, from any moneys payable on account of work per- (f) In the event of the Contractor's noncompliance with the firmed by the Contractor or subcontractor, such sums as may Equal Opportunity clause of this contract or with any of the cdministratively be determined to be necessary to satisfy any said rules, regulations. or orders this contract may be canceled, li;bilities of such Contractor or subcontractor for unpaid wages terminated. or suspended, in whole or in part, and the Contractor and liquidated damages as provided in the provisions of para- may be declared ineligible for further Government contracts in graph (b). accordance with procedures authorized in Executive Order No. (d) Subcontreets. 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 manetions may be im-their inclusion in all subcontracts of any tier. poaed and remedies invoked as provided in Executive Order No. (e) Records. The Contractor shall maintain payroll records 11246 of September 24,1965, as amended by Executive Order No. erntaining the information specified in 29 CFR 516.2(a). Such 11375 of October 13,1967, or by rule, regulation, or order of tlee records shall be preserved for three years from the completion Secre'.ary of Labor, or as otherwise provided by law. sf the contract. (g) The Contractor wi!! include the provisions of paragraphs
- 17. WA1.sH.HEAtEY Pt1dC CONTRACrs AcT ta) through (g) in every subcontract or purchase order unless If this contract is for the manufacture or furnishing of exempted bv rules, terulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No.
materials, supplies, r.rticles, or equipment in an amount which 11246 of Septembar 24,1965, as amended by Executive Order No. cxceeds or may exceed $10.000 and is otherwise subject to the 11375 of October 13,1967, so that such provisions will be binding Wstsh.11ealey Public Contracts Act, as amended (41 U.S. Code upon each subcontractor or vendor. The Contractor will take such W45), there are hereby incorporated by reference all represen- action with respect to any subcontract or purchase order as the tatsons and stipulations required by said Act and regulations inued thereunder by the Secretary of Labor, such repres,nta. contracting agency may direct as a means of enforcing such provisions, including aanctions for noncompliance: Provided, tions and stipulations being subject to all applicable rulings and however, That in the event the Contractor becomes involved in. STANDaR3 et'*M 32 (Rw. &-?$) 4
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+ ar is* threatened with. !!tigstfoa with e sibeantracter er *=rufor small busintas cone:rns; (2) othrr certinedsligibls concerns with as a result of such direction by the contracting agency the Con. a Srst preference; (3) cert:5ed+1igible concerns with a second tractor may request the United States to enter into such litigation preference which ars also small business concerns; (4) other to presset the intarents of the United States.
certined-eligible concerns with a second preference: (5) pe r-
- 19. OrrtCIAt.s NOT TO BENErst sistent or substantial labor surplus area concerns which are slao No member of or delegate to Congress, or nsident Commis-small business concerns: (6) other persistent or substantial labor siener, shall be admitted to any share or part of this contract, or surplus area concerns; and (7) small business concerns which to any beneat that may arise therefrom; but this provision shall are not labor surplus area concerns.
not be construed to extend to this contract if made with a corpo- 23. UMitzAMoM Or MINORITY BtlSINESS ENTERrRISES ration for its general benent. (a) It is the policy of the Government that minority business
- 20. COVENANT AcAINs? CONTINGENT Frzs enterpnses shall have the maximum practicable apportunity to The Contractor warrants that no person or selling agency has participate in the performance of Government contracts.
been employed or retained to solicit or secure this contract upon (b) The Contractor agrees to use his best erYorts to carry out an agreement or understanding for a commission, percentage
- this pclicy in the award of his subcontracts to the fullest extent l brokerage, or contingent fee, excepting bona Sde employees or consistent with the emeient performance of this contract. As l
hena nde established commercial or selling agencies maintained used in this contract the term " minority business enterprise" by the Contractor for the purpow of securing business. For means a business. at least 50 percent of which is owned by breach or violation of this warranty the Government shall have minority group members or. in esse of publicly-owned businesses, the right to annu! this contract without liability or in its dise* at least 51 percent of the stock of which is owned by minanty tion to dedoet from the contract price or consideratnsi, or other- group members. For the purposes of this dennition minonty wise recover, the full amount of such commission percentag% group members are Negroes. Spanish-speaking American persons. brokerage. ur contingent fee- American-Oriertals. American-Indians. Amencan-Eskimos, and l Amenean Aleuts. Contractors may rely on written representa- ! 21. Unt.t1AMON OF SMAt1 BUSINESS CONCERN 5 tions by subcontractors regarding their status as nunonty busi-l (a) It is the policy of the Government as declared by the Con- ness enteronses an Heu of an independent investigation. gress that a fair proportion of the purchases and contracts for 24. Pa1CINc Or AoJt:STMENTS supplies and services for the Government be placed with small business concerns. When costs are a factor in any determination of a enntract _. (b) The Contractor agrees to accomplish the maximum amount price adjustment pursuant to the Char:res clause or any other et subcontracting to small business concerns that the Contractor provision of this contract. such costs shall be in accordance with : (Inds to be consistent with the eScient perfonnance of this the contract cost pnneiples and procedcres in Part 1-15 of the contract. Federal Procurement Regulations (41 CFR 1-15) or Section XV of the Armed Services Procurement Regulation. as applicable.
- 22. UTIt22AMON OF LAson St:arrxs ABEA CONCERNS wh ch are in erYect on the date of this centract.
(a) It is the policy of the Government to award contracts to 25. PAYMENT OF INTDtErr nN CONTRACTOaS* CLAIMS labor surplus area concerns that (1) have been certined by the (a) If an appeal is Sled by the Contractor from a Snal decisinn Secretary of Labor (hereafter referred to as certined-eligible of the Contracting Of5cer under the Disputes clause of this con- l concerns with arst or second preferences) regarding the employ- tract. denying a claim arising under the contract. simple interest l ment of a proportionate number of disadvantaged individuals and on the amount of the claim Anally determined owed hv the Goverv . have arreed to perform substantially (i) in or near sections of ment shall be payable to the Contractor. Such interest shall - concentrated unemployment or underemployment or in persistent or substantial labor surplus areas or (ii) in other areas of the the rate determined by the Seentary of the Treasury pursum United States. respectively, or (2) are noncertiSed concerns Public Law 92-41,85 Stat. 9". from the date the Contractor fur-nishes to the Contracting Omeer his written appeal under tne which have agreed to perform substantially in persistent or sub-stantial labor surplus areas, where this can be done consistent Disputes clause of this contract. to the date of (1) a Snal judr-ment by a court of compe'ent jurisdiction. or (2) mailine to the with the ef5cient performance of the contract and at prices no Contractor of a c.pplemental agreement for execution either con. higher than are obtainable einewhere. The Contractor agrees to use his best efforts to place his subcontracts in accordance with dr rung completed negotiations between the parties or carrying this policy. out a decision of a beard of contract appeals. (b) In complying with paragraph (a) of this clause and with (b) Notwithstanding (a), above. (1) interest shall be applied only from the date payment was due, if suen date is later than paragraph (b) of the clause of this contract entitled "Utili:stion sf Small Busmees Concerns" the Contractor in placing his sub- the ating of appeal, and (2) interest shall not he paid for any permd of time that the Contracting Omeer determines the Con-contracts shall observe the following order of preference: (1) tractor has unduly delayed in pursuing his remedies before a Certi8ed-eligible concerns with a arst preference which are also board of contract appeals or a court of competent jur:sdiction. d
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I O FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c)) GENERAL PROVISIONS (SUPPLY CONTRACT) (June 1976) ADDITIONS CONSIST OF ARTICLES THROUGH .
- 26. ALTERATIONS The following alterations to the provisions of Standard Form 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 " Commission" or "NRC" incans the United States Nuclear Regulatory Com:21ssion 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 IHE VIETNAM ERA
- a. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans for the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the
- following: employment upgrading, demotion or transfer, recruitment, adver-
~ tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
- b. The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local 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 e=ployment s&rvice, but are not required to provide those reports set forth in paragraphs (d) and (e). l 6-4 .
- c. Listing of employment openings with the employment service system pursuant to this clause shan be made at least concurrently with the use of any other recruitment source or effort and shan 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 nondiscrhheion in employment.
'. d. The reports required by paragraph (b) of this clause shall include, but not be j limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of indivi-j- 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 performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring i 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 j doc mentation shall be made available, upon request, for_ examination by any authorized representatives of the contracting officer or of the Secretary of Labar. Documentation would include personnel records respecting job openings, recruitment, and placement.
- a. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the e:nployment service system in each State where it har, establishments of the na:ne and location of each hiring location j in the State.. As long as the contractor is contractually bound to these provisions nd has so advised the State system, there is no need to advise j
the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.
- f. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, *
, Guam, and the Virgin Islands.
- g. The provisions of paragraphs (b), (c), (d), and (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.
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- h. As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; 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, temporary
- employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compelling circumstances an employment opening may not
, be suitable for 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 e=ployment service system" means the local office of the Federal / State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established " recall" lists. (4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment - openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his e=ployees.
- 1. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
- j. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be 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 y
r-s , and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
- 1. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.
- m. The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Caspliance 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 Ccmpliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and appli- e 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 take affirmative action to employ and advance in employment physically and mentally handicapped individuals.
9-
- 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 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcon-i tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
- 29. CLEAR AIR AND 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 will 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 exempt.)
- a. The Contractor agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C.1857, et seq. , as amended by Pub. L. 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 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 facility listed on the Environmental Protection - Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA elimbuites the name of such facility or facilities from auch 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 performed. (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).
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(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) . 9
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(3) The term " clean' air standards" means any enforceable rules, regulations, guidelines,~ standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable 5
- implementation plan as described in section H0(d) of the Clean Air Act (42 U.S.C.1857c-5(d)),' an approved implementation procedure or plan under section 111(c) or section u1(d), respectively, of the Air Act (42 U.S.C. 1857(c) or (d)), or an approved implementation procedure under section n2(d) of the Air Act (42 U.S.C. 1857c-7(d)).
i (4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-4 mulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 l U.S.C.1342), or by local government to ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C. , 1317). r [ (5) The term " compliance" means compliance with clean air or water standards. :
. Compliance shan also mean compliance with a schedule or plan ordered 5 or approved by a court of competent jurisdiction, the Environmental 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 term " facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations ! owned, leased, or supervised by a contractor or subcontractor, to be ! utilized in the performance of. a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site sha n be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that 4 independent facilities are collocated in one geographical area. i
- 30. FEDERAL, STATE, AND LOCAL TAKES (1- U.401-1(c))
(a) Except as may be otherwise provided in this contract, the contract price , : includes an applicable Federal, State, and local taxes and duties. ' (b) Nevertheless, with respect to any yederal excise tax or duty on the trans-I actions or property covered by this contract, if a statute, court decision, 3
- written ruling, or regulation takes effect after the contract date, and--
i \ 1. Results in the Contractor being required to pay or bear the burden of
- any such Federal excise tax or duty or increase in the rat
- :. thereof ,
,. which would not otherwise have been payable on such transactions or property, the contract price shan be increased by the amount of such tax or duty or rate increase: Provided, that the Contractor if requested 4 11 - i i t
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by the Contracting Of ficer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the a=ount of the relief, refund, or drawback, or the a=ount 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 CohTENIENCE OF THE GOVERNMENT (1-8.701)
- a. The performance of work under this contract umy be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination in 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 termination becomes effective.
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- b. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:
(1) Stop work under the contract on the date and to the 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 vork terminated by the Notice of Tetuination; (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 Covernment 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 fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, vould have been 1 equired to be furnished to the Government; (7) Use his best ef forts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Of ficer, any property of the types referred to in (6) above: Provided, however, That the Contractor (i) 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 providad further, 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 uther manner as the Contracting Officer may direct; (8) Complete perfor=ance of such part of the work as shall not have been terminated by the Notice of Termination; and 9
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- b. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:
(1) Stop work under the contract on the date and to the 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, cicle, 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 i 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 Cona.racting Officer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part.of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially complaced plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the =anner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Of ficer, any property of the types referred to in (6) above: Provided, however, That the Contractor (1) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi- , tions prescribed by and at a price or prices approved by the Contracting Officer: And provided fhrther, That the proceeds of any such transfer or disposition shall be applied in reduction of any paynents 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 nanner as the Contracting Officer nay direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and G
9 I (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. . i l At any time after expiration of the plant clearance period, as defined in l- Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Officer, and any request the Government to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereaf ter the Government will accept .. title to such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Contracting Officer upon 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 submitted shall be made prior to final settlement.
- c. Af ter receipt of a Notice of Ternination, the Contractor shall submit to the Contracting Officer his termination cinim, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extencions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. Bovever, 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 thereo f. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review l required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available
- to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
- d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution .
of this contract, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the. Contractor by , reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work i 1 done: Provided, That such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments othervise 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 , t
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be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to 1 Lait, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).
- e. In ths 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=ation available to him the amount if any due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows:
(1) For completed supplies accepted by the 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 computed 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 perfor=ance 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 =aterials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (1) above); and (iii) A sum, as profit on (L'), above, determined by the contracting of ficer pursuant to i 1-8.303 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 Pr widad, hcuaver, That if it appears that the contractor would have sustained a loss on the entire contract j had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated race of loss; and (3) The reasonable costs of sectiement, including accounting, legal, clerical. - and other expenses reasocably necessary for the preparation of settlenant claims and supporting data with respect to the terminated portion of the O I 9
contract and for the termination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protectior, 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 and as further reduced by the contract price of work not terrhted. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (c) (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 determined 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 detere N tion made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor 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 decernined on auch 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 Governnent 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 othervise recovered by or credited to the Government.
- i. If the termination hereunder be partial, prior to the settlement of the termi-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 Covernment 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 a=ount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum for the period from the date such excess payment th received by the Contractor to the date on which such excess is repaid to the Covernment: Providad, hauever, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days af ter the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of tt.a circumstances.
- k. Unless otherwise provided for in this contract, or by applicable statute, the Contractor, fram the effective date of termination and for a period of
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three years after final settlement under this contract, shall preserve and make available to the Government at all reasonable times at the office of > the Contractor but without direct charge to the Government, all his books, records, documents, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof.
- 32. MINORITY BUSINESS ENTERPRISES SU3 CONTRACTING PROGRAM (1-1.1310.2(b))
- a. The Contractor agrees to establish and conduct a program which vill enable ninority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under this centract. In this connection, the Contractor shall--
(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program. (2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions. . (3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, tbse 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 with the policies set forth in this clause, including the establishment of a source list of ninority business enterprises, (ii) awards to minority
, business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.
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(5) Include the Utilization of Minority Business Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities. (6) Cooperate with the contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practues 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), above, in such form and mannar 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. FLAG AIR CARRIERS (1-1.323-2)
- a. Pub. L. 93-623 requires that all Federal agencies and Govern =ent contractors and subcontracters will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the axtent 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. .
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- 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.
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- c. In the event that the contractor selects a carrier other than a U.S. flag F
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. FLAG l AIR CAPJLIERS I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons: (state reasons) s
- 34. NOTICE TO THE GOVER!OfENT OF LABOR DISPtrIES (1-7.203-3) i
- a. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this 1
' See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.
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contract, the Contractor shan i= mediately give notice thereof, including all relevant infor=ation with respect thereto, to the Contracting Of ficer.
- 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 perfor=ance of this contract; except that each such subcontract shan provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall 1:xne,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 an 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. RENEGOTIATION (9-7.5004-20)
If this contract is subject to the Renegotiation Act of 1951, as amended, the following provisions shall apply: *
- a. Thin contract is subject to the Renegotiation Act of 1951 (50 U.S.C.
App. 123 , et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clanse shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not i= posed by an act of Congress heretofore or hereaf ter enacted. Subject to the foregoing, this contract shan be decced to contain au the provisions required by section 1no of the Renegotiation Act of 1951, and by any such other act, without subsequent contract reacndment specifically incorporating such provisions.
- b. The centractor agrees to innert 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 INDEMNITT (9-9.5009(c)) ,
The Contractor agrees to indemmify the Coverranent, its officers, agents, servants, and employees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovety 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 perfor=ance of this contract or arising by reason of the use of disposal by or for the account of the Government of items manufactured or supplied under this ' contract. l
- 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 Covernment, the Contractor agrees to report in writing to the Cous=ission (Patent Counsel, Office of the Executive largal 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 auch other inforr.ation as will permit identification of the patents or other basis on which the royalties are to be paid. The approval of the Comunission of any individual payments or royalties ., shall not astop the Government at any time from contesting the enforceability, t validity or scope of, or title, to, any patent under which a royalty or payments are mada.
- 39. NOTICE RECARDING LATE DELIVERY (1-7.204-4)
In the event the Contractor encounters dif ficulty in mee. ting perfort=nce requirenents, or anticipates difficulty in co: plying with the contract delivery schedule or date, the Contractor shall in=ediately notify the Contracting Officer l thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Provided, houever, 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 reusedies provided by law or under this contract. i, 'O l l \ 1 { t i
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- 40. STOP WORK ORDER
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(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 l work called for by this contract for a period of ninety (90) days l after the order is delivered to the Contractor, and for any further period l at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its tems and take all reasonable steps to minimize the incurrence of costs
, allocab'e to the work covered by the order during the period of work stoppige. 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 tur parties shall have agreed, the Contracting Officer shall either:
l (i) cancel the stop work order, or (ii) teminate the work covered by such order as provided in the " Default" or the " Termination for Convenience" clause of this contract. , l (b) If a stop work order issued under this clause is cancelled or l the period of the order or any extension thereof. expires, the Contractor shall resume work. An equitable adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if: (i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perfomance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides l 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 teminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement. (d) If a stop work order is not canceled and the work covered by such order is teminated for default, the reasonable costs resulting from the stoo work order shall be allowed by equitable adjustment or otherwise. b 21 i
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- 41. PUBLICATION AND PUBLICITY l Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer prior to publication or dissemination for public use. If the article or other information is subsequently modified or altered in any manner, the Contractor shall i promptly notify the Project Officer and furnish him/her a copy of the article or other information as finally submitted for publication or dissemination.
l The Contractor shall acknowledge the support of the U. S. Nuclear Regulatory Commission whenever publicizing the work under this contract j in any media. To effectuate the foregoing, the Contractor shall include l in any publication resulting from work performed under this contract l an acknowledgement substantially as follows:
"The work upon which this publication is based was performed pursuant to Contract (insert number) with the l (insert name of constituent agency). U. S. Nuclear l Regulatory Commission."
Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not Dotn. In the aosence of a clear delineation, Clause No. 41 applies.
- 42. DISSEMINAT!0N OF CONTRACT INFORMATION I The Contractor shall not publish, permit to be publisned, 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. (Twocopies 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 emoloyee 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 aporoval of the Contracting Officer prior to execution of such contractual arrangement, i I 44-KEY PNCNNEL (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 permit evaluation of the impact on , the program. No diversion shall be made by the Contractor without the ' vritten consent of the Contracting Officar Provided, That the Contracting Cfficer nay ratify in writing such diversion and such ratification shall canstitute the coitsent of the Contracting of ficer required by this clause. The attachment to this contract may be amended from time to time during the course of the i contract to either add or delele personnel, as appropriate. {' l
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e-e, f, ('] ( ATTACMENT M.l .2 U.S. NUCLEAR REGULATCRY CCMISSICN , GENERAL STAT 8ENT OF p0LICY REGARDING fHE AVOIDANCE OF CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST The follcwing statement sets forth the U.S. Nuclear Regulatory Ccmissicn's policy guidance with respect to avoidance of organizational conflicts of
- interest in NRC researen and technical assistance procurr ent actions. -
The Ccmissicn invites all interested persons do desire to submit written cements or suggestiens en this policy statement, and the examples set forth therein, to send them to the Secretary of the Ccmissicn, U.S. Nuclear Regulatory Ccmission, Washingt n, DC 20555, Attention: Occketing and Service Branch by July 27, 1977. Consideraticn will be given to sucn submissiens in , connection with possible future revision of the policy statement. Ccotes of c nnents received by the Ccmission may be examined at the Ccmissien's Public Document Rocm,1717 H Street, N.W., Washingt:n, DC. GENERAL STATENENT OF POLICY REGARDING TiiE AVOIDANCE OF CCNTRACTOR CRGANIZATICtML CONFUCTS CF INTEREST DEFINITION h term " organization c:nflict of intar2st* maans a situation whcce a c:ntrac. tar has intarests, either due to its other activities or its relationships witn ochar
' organizatiens, which (a) placa it in a position that may be unsatisfact:ry or unfavorable fr:m the Goverr, ment's stand:oint in being able to secure im:artial, technically scund, objective assistancs and advice frcm the c:nt actar; or (b) provide it with an unfair c:msetitive advantage.
GENERAL STATDENT OF POLICY , In view of its regulatory responsibilities, it is incumbent.u:en the NRC to make every effort to identify and select those prospective contractors bes:
- cualified to perfonn the work for whicn NRC contracts. As a corollar/ to this objective, it is also imoortant for NRC to carefully c:nsider the questions of conflict of interest prior to c:ntractor selection and c:ntract award.
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O \ t In order to assis in determining what, if any, steps should be applied to avoid organi:ational conflicts of interest, tnere are two paramount principles to be considered. These are: (1) preventing conflicting roles which might bias a contractor's judgment in relation to its work for NRC and (2) preventing unfair competititve advantage. Tne determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-byacase basis is necessary if the policy is to be acclied so as to satisfy the overall public interest. It is no: possible to prescribe in advance a specific method or set a criteria which would serve to identify and resolve all of the conflict of interest situations which might arise: however, examoles are provided herein as a guide for the application of the policy in some situations. It should also be econasi:ed :na: contracting and crograrr officials must be aler: to c:ncr situations which may warran a:: plication of this policy guidancs. The ultimate test must always be: In tne specific case a: hand, would the contra: or, if awarded the c::ntrac:, be placed in a position where its judgment would be biased, or where it would have an unfair cor=etitive acvantage? Prior to any NRC contract award for the performancs of research or tecnnical assistance work, prosoective contractors will be advised of this policy
. and shall be required to advise NRC of any contractual or organi:stional relationships wnich should be considered in acolying this policy.
WAIVER , Uoon the recormnendation of an Office Director, and after consultation with tne Office of the General Counsel, the becutive Director for Operations may waive One policy in specific cases if he detemines 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 program; (2) the work cannot be satisfactorily perfomed except by a contractor whose interests give rise to a questions of conflict of interest; and (3) contrJctual and/or technical , review and supervisien mthods can be employed by NRC to protect against the conflict resulting in biased performance of the work. Jor any such waivers, the justificaticn and approval documents shall be placed in the Public Document Room. P_0_L!CY APDLICATION GUIDANCE bample: The XYZ Corporation, in response to a RFP, proposes to undertake certain analyses of a reactor comoonent as called for in the RFP. the XYZ Corporation is one of several cercantes considered to be tecnnically well qualified. In resconse to the inquiry in the RFP, the XYZ Corporation advises that it is currently perfoming similar analyses for the reactor manufacturer. 4 g
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t Guicance: A NRC contract for that particular work nonnally bould 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 ccmcanies available, there would be no reascn for considering a waiver of the policy. Example: Tne ABC Corporation, in response to a RFP, preposes to perf=nn certain analyses of a reactor c:mponent wh'ich are unique to one type of advanced reacter. As is the case with other technically qualified c::mpanies responding to the RFP, the ABC Carporation is perfonning various projects for seversi different - utility clients. Ncne of the ABC Car;cration projects have any relattensnia to the work called for in the RFP. Based on the NRC evaluatien, the ABC Carecraticn . is considered to be the best qualified c:=cany to perform the work cut 11ned in the RFP. Guidants: An NRC centract normally csuid be award.ed to the ABC Corporaticn because no conflict of interest exists which wculd motivata bias witn rescect to the work to be centracted for. An appropriata clause wouid be included in tna contract to preclude the ABC Corporaticn frcm subsequently c:ntracting for work, during the per#crmanca of the NRC c:ntract, with the private sect:r wnich scuid creata a c:nflict, such as tae per#armanca of simitar wort for the c=pany
- t. hat is develcping the advancad reactor mnticned in the exmole.
Examule: As a result of operating problems in a cartain type of c:.unertial nuclear facility, it is imoerative that NRC securs specific data on varicus coerational ascects of that type of plant so as to assure adequata safety prctacticn of the ' pusite. Only one manufacturer has extensive experienca with that type of plant, and, therefore, that c:maany is the only cne witn which NRC can c:ntract that can develco and c:nduct the tasting programs required to obtain the data
- in reasonable time. That c:mpany has a defininta intarest in any NRC decisiens that mignt result frem the data producad because those decisions affect the reactor s design and, thus, the c::=pany's costs.
Gaidanca: ' This situation would place the manufacturer in a role in which its judgment c uld he biased in relationship to its wort for NRC. Since the' nature of the wort required is vitally important in tarns of NRC's respcnsibilities, and no w._
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, .. a reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coor,dinated in 'accordance with the waiver provisions of this polciy with particular attention to the establishment
.of protective mechanisms to guard agains; bias.
Example: The ABC Cocmany submits a proposal for a new system for evaluating a specific reactor comoonent'a performance for the purpose of developing stancards that are very important to the NRC program. The ABC Company has advised NRC that it intenes 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 ne specific reactor ccmpenent. Guidance: A contract could be awarded to the ABC Cccoany ersvided that :ne centract stipulates tnat no information produced under tne con ract will be used in the contractor's' private activities unless such information has 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 c moe:1tive advantage
- that mignt otherwise accrue. When NRC furnishes information to tne centractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Furtner, :ne contract will stipulate that the contractor will inform the . Contracting Officer of all situations in which the information dvelooed uncer the con:rac: is proposed to be used . This general statement for policy shall be effective April 28, 1977. . Dated at Washington, DC this 22nd day.cf April,1977. 8 s 4 5 l 80
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- 9. 0 5CoVN1 FOR FeOMPT PAYMENs
- 8. CONTR AC10R NAME AND ADDRESS (ODE [ l IMfil/T (ODt l F~ l
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(" ' ,. ARTICLE I - STATEMENT OF WORK The Contractor shall provide career counseling for fifty-nine (59) NRC employees. Each employee will participate in a maximum of four sessions and six employees will he counseled each day of the contract (36 days). The career counseling will provide each employee with specific skills in making career decisions. The technical portion of the Contractor's proposal dated April 30, 1976 I- incorporated herein by this reference. The objectives to be achieved ih.*ing t he coun'eling ce+sfons are:
- a. To provide participants with an increased awareness of their skills, interest.and aptitudes.
- b. To provide increased understanding of the career planning and development process.
- c. To provide increased skills in setting short and long-term career goals. --
- d. Specific practice in making career-rel'ated decisions. .
In addition, each participant will complete Vocational Interest Inventories and have the results discussed with them as an integral part of the counseling. ARTICLE II - PERIOD OF PERFORMANCE The period of performance is effective July 26, 1976 with all counseling sessions completed by November 30, 1976. ARTICLE III - REPORTS 1. A report stating the number of people counseled shall be furnished ', to the NRC Authorized Representative at the end of each month. 2. A verbal presentation shall be given at mid-point and at the end of the cont ract period covering the results of the counseling efforts. ARTICLE IV- PAYMENT The Contractor shall be paid "pon the submission of a properly executed invoice to the Office of the Controller, NRC, and certification by the Contracting Officer, a partial payment of $2,000.00 for satisfactory performance of work up to September 17, 1976. Upon successful com- , pletion of the remaining portion of the work and upon submission and certification of a properly executed invoice, the contractor shall be paid the remaining amount of $2,500.00 (for a total fixed price of S4,500.00).
[k ,' A l ( 4'J -24 )-0305
- I..
( page 3 of 3 o ,
- ARTICLE V - KEY PERSONNEL ,
In order to accomplish this work, the Contractor shall furnish the services of Dr. Elaine Binder and Dr. Shulamith Elster whom the Commission has identified as being essential to the successful performance of the work hereunder and shall not replace these individuals without the prior written approval of the Contracting Officer. In such event, the Contractor agrees to s'ubstitute persons possessing ~ substantially equal abiliiies and pialifications :a Isfactory to the Contracting Officer. ARTICLE VI - GENERAL CONTRACT PROVISIONS
- 1. This contract is subject to the provisions of Standard Form 32, CENERAL PROVISIONS (Supply Contract, April 1975 edition); and FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32, GENERAL PROVISIONS (June 1976 edition), all of which are attached hereto and by this refernece made a part of this contract.
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/ The Contractor slml] provide career conoseling for fifty-nine (59) NRC employees. Each employee will participate in a r.iaximum of four sessions A[ and six employees will be counseled each day of the contract (36 days).
The career counseling will provide each employee with specific skills in making career decisions. The objectives to be achieved during the counseling sessions are:
- a. To proviih participants with an increased awareness of their skill s , int erest and aptitudes.
- b. To provide increased understanding of the carect planning and development process.
- c. To provide increased skills in setting short and long-term career goals.
- d. Specific practice in making career-related decisions.
In addition, each participant will complete Vocational Interest Inventories and have tin- resol s discussed with them as an integraI part of the i counselinc. t - A% r ! Cl r, lt - 1 ny!en ol l i:!< I o!::lAN CE The period of performane. is effcetive .hily . '97' wit h all coun s e l iti;; sessions completed hv Detoher , 1973 1 ARTIChE III - REPORTS
, l.
A report stating the number of ;1eople counseled shall be furn ished to the NHC Authorized Representative at the end of each month.
- 2. A verbal present ation shall be r;iven at mid point and at the end of the contract period covering the results of the counseling efforts.
ARTICLE IV- PAY;1ENT The Contractor shall he paid the lump sum of $4,300.00 for success ful com-pletion of the work under t his cont ract upon nubmission of a properly executed invoice to I he Of f ice of I be Cont rol ler, N1:C ARTICLE V - KisY PERS0hNt'.l. In order to accomplir.h thin work. the Contractor : ball furnish the services of lir. F.la i ne liinder and 1)r Shulamith Elster whom the Commission has identified as being essential to the successful performance of the work hereunder and shilI not replace these individuals vithout the prior ser i t t on approval of ihe Contractinn officer. In such event, the Con t i nc t or anrees to :nhstitute persons possessing snhutantially e.pnl abil i t ie: and < pia l i f icat ions 4a islactory to the Cont ract ing 01: f icer. N 48em- 6W ' .M mer ,e Q , _]
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/ ARTICLE VI - GENERAL CON TRACT l'ROVISIONS .
- 1. This contract in subject to the provintons of Standard Form 32, GENERAL 1[ PROVISIONS (Supply Contract, April 1975 edition); and FPR CilANGES AND NRC ADDITIONS TO STANDARD FORM 32, CENERA1. PROVISIONS (June 1976 edition), all of which are attached heretc and by this refernece made a part of this contract.
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- 3. ISSUED SY Col >E 6. AC A"N' Sit ef D BY 7. Ditlvt tt (
(if other linen %b $) (011E {
- U. S. Nuclear Regislatory Commission 905 Dt 51l.
O NaviON ,, Division of Contracts Os to rsaa Washington, D. C. 20555 O Si 9 a
- 6. CONTRACTOR col)E l FAcitJty coIJE l 9 D 5cOUN1 FOR PaouPT PATMENT l
NAME AND ADDRESS Binder /Elster Associates f5 *
,,,",',','; ",;,, 7309 Durbin Terraee 14 ZIP sede) Bethesda, Maryland 20034 ' I t
10 SUBulf INvotCf 5 ra s epers n =less e< h est sp<<efied) 10 ADDRESS 5HovrN IN SiOCIL l
- 11. SHIP IO/ MARK FOR
( 0 131- { ] 12 PAYMENT WILL BE MADE BY ( filJf( L, U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission
- l _ ATTN
- Mr. R. A. Allen, Chief Office of the Controller Training and Development Branch Washington, D. C. 20555 Washin_gton, D. C. 20555 .
13 1Hr5 PeOCustMf NT WA$ ADVE RTI$tD. NFGOflAft D, PUR5UANT TO ] 10 USC 2304 to)( ) O di U S C. 252 (cM3 I i 14. ACCOUNTING AND APPaOPanATION DA1A ~ 40-22-02 3160200.406 15 to 17 18. 19 20 gj lit M NO. SUPPtit S / t t R VICis OUANIIIY UNIT UNil PRICE A uCUNT Career counseling for 59 employees of the I! Nuclear Regulatory Commission. II e 4
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t k, t i 28 FIR]l_ FIXED PilICE TOT ^t AMovNT OF CONTR ACT $4.500.00 LO,YI RACIING Olliti-R 18 ILL CUA(PLETL 13LOLk 22 UR 26 Ah APl8LICAllLE
- 22. & CONfRAC10R 5 NtGO11ATED AGet t ut N1 (t enormier s's reyesord te ugn 26. Q Aw AaD (Centrastor n not rega,sred to nye this de< anaresec.) ione on ee ihn des weserei de/ retarese sopirs le assuesig effter. ) Coateostor og.ees on Solicitet.oa Nusaber _. raelvdrag the to f ues.sh end det .ee alt de ms os perf or m all the see..c es set fodh oe othee-.se odd. hone or chaages mode by you =h.ch odddiens or changes ove set fosth ia fwll ede. heed aba.e end on ear coahavehoa sheets foe me coas de'ohoa s'oied he'em. obo... is bee,by si t eved on to the .eems i.e*,d obove oad oa car coahavet.oa shee's the e.gids oad obl.gohoas of me porbe s to this s omeed skott be ssbeect to oad go.- T h.e o=ord coas.mmates the v entroo =hich coas.its of the leile-iag doewmente (o) es aed by the follow.ag det vmeews (a) th.s o.oed /coabod. (b) Se sol.cdoboa if oay. Se G o v e.am ene a sol.c itohon oad yow o 8f er oad (b) sh s o.oed /contvect. No e end (s) such provissoas, ee pse temot.oas, t eet Ke ebcas, and spec sEcohens, os are f yre her corehacewel desveaent is n otessory, oe oeked oe san oepo.ofed by eef e.ence ke e.a. ( A rt.oehreroen aer luard herron.)
- 22. N Auf OF CONTRACTOa 27. UNiitD 51Af t5 Of_ _Ant _ . eiC
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BY _ _ , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ST _ (5.gao8vre of person oumosised to enga) _ _ _ . _ _ _l$.gaa evee of Coa
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- 24. NAuf AND fi1LE OF SIGNia (Type er trava) 25 Dalt SIGNED 28 NAME OF CONTR AC1tNG Of f tClt ( 2 ppe er peset) 29. DAll SIGNtD D. J . Dougherty-
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i .p s (;.) f ., ARTILLE STATEMENT- OF WORK ' The Contractor shall provide career counseling for fifty-nine (59) NRC employees. Each. employee w]ll participate in a maximum of four, sessions and six employees will be counseled each day of the cont ract (36 days). The _ career counseling will provide each employee wit h specific skills in making career decisions. The technical portion of the Contractor's proposal dated April 30, 1976 is incorporated heiein by this reference. The objectives to be achieved d'o ing the counse l i n;- ei:sions are: '
- a. 'To proviile participants with an increased awareness of their skills, interest,and aptitudes.
- b. To provide increased understanding of the career planning and development process.
-c. To provide increased skills in setting short and long-term career goals.
- d. Specific pra'ctice in making career-related decisions.
\
In addition, each participant will complete Vocational Interest Inventories and have the results discussed with them as an integral part of the counseling. ARTICLE II - PERIOD OF PERFORMANCE The period of performance is effective July 26, 1976 with all counseling
-sessions completed by November 30, 1976. -
ARTICLE III - REPORTS
- 1. A report stating the number of people counseled shall be furnished
'to the NRC Authorized Representative at the end of each month.
- 2. A verbal presentation shall be given at mid-point and at the end of the contract period covering the results of the counseling efforts.
ARTICLE IV- PAYMENT The Contractor shall be paid upon t he submission of a pr operly executed invoice to the Office of the Controller, NRC, and certification by the Contracting Officer, a partial payment of $2,000.00 for satisfactory
. performance of work-up to September 1.7, 1976. Upon successful com-pletion of the remaining portion of the work and upon submission and' certification of a proper.ly executed invoice, the Contractor shall be paid the remaining amount of $2,500.00 (for a total fixed price of
$4',500. 00) .
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Page 3 of 3 ()
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(') ARTICLE V - KEY PERSONNEL . . I
.In order to accomplish this work, the Contractor shall furnish the I services of Dr. Elaine Binder and Dr. Shulamith Elster whom the Commission has identified as being essential to the successful J
performance of the work hereunder. and shall not replace these individuals without the prior written approval of the Contracting Officer. In such event, the Contractor agrees to substitute persons possessing substantially equal abilitics and epialifications s.u isfactory to the Contracting Officer. o 4 ARTICLE VI - GENERAL CONTRACT PROVISIONS ! 1. This contract is subject to the provisions of Standard Form 32, GENERAL PROVISIONS (Supply Contract, April 1975 edition); and FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32, GENERAL PROVISIONS (June 1976 edition), all of which are attached hereto and by this refernece made a part of this contract. ( A _. -- - - -- -_ _ _
, o
' $1 AI .h&D ICirM 30. Jutf 1966 ( - FAGE I O' GmiRu SE R v.Ci5 ADMw57R ATiON
#10 F#CC lEG. (41 CTR) 1 - 16 1 D 1 AM. 0 MENT OF SOLICITATION /MODIFK... DON OF CONTRACT j o C
I AMtNDMENT/ MODefiCAT*ON NO 2 Ef f ECTivE DATE 3 RFOUtsifiONf PueCH A5E REOUEST NO 4. PPOJECT NO (If a/f /s..,h/e s 2 12/31/76 s rs5UED ev (ont 6. AD - Sn.ED sy (if ,,3,, ,4,,,, 3f.,4 3 j c opf. l U. S. Nuclear Regulatory Commission Division of Contracts
!!ashington, D. C. 20555 7 COwt ACTOR E oor l l 1 AClltry E ovE l 8.
NAME AND ADDRESS AMENDMENT OF 500 CIT AfiON NO F 1 Binder /Elster Associates DA*ED ne, w4 9; leb'f l,",'; 7309 Durbin Terrace '" d,f"' Bethesda, Maryland 20034 U $ET/OEt NO. AT(49-24)-0305 L _j D A,,, 7/26/76 y,,,,.a ,,, 9 THIS BLOCK APPtlE5 ONLY TO AMENDMEN15 OF sot lCITAT'ONS O 'h so o =8 ed i<.t ton o d d tf h 6i
- in- The h- adt e<<.ee f e< . ' of Cae - e e ded. O te e d d O Aeroes mus, ockne. ledge vece pe of thes omendment pr.or so the have end doee spec #+d a me sol.c.e a nen. or on amended, by oae of the fol6o..ng me+hode-(s) S, e.gning and eeNeneg cop.es of th.e omendmeat; (b) by ocinow!e'dg.ng rece.pt o f mas omendment on each copy of the oMer submeeted; or (cl By seporate lene' or tef egrom
=h4h encivdee o refe ence to the sol.c.tohon end omendment numbes F AltVRE OF YOUR ACKNOwtEDGEMFNT TO BE RECEIVED AT THE 155U'NG OFFICE PRIOR TO THE HOUR AND DATE SPFCaflED MAY RESULT IN REJECTION OF YOUR OFFER If. by eneve of m.s omeadment you desde to change on cPet ofready tubm.ned, such change may b* mode by telegrom
. v.e. ,,o..ded s.c h ,el.g.om e, iene, mo6e, ,eie.ence to the i.c.t oc n and th.. omendmen,. and .. ,ec emed ,,.o .o the e,en.ng he., and do,e . eceed ID ACCO)NTING AND APf'If0PRIATION DAT A (If sepired) ',
41-22-00-202 $2,400.00
- 11. TH15 BLOCK APPtiES ONLY TO MODiFICAftON5 OF CONTRACTS / ORDER $
lo) Th.s Change Ordee es esioed purivant to The Changes set 6ersh in block 12 are mode to the obove numbered corneoct/oeder. (bl The above avmbered contract /ordet en modif+d to reflect the adminestrouve changes hoch as changes en paying ofNe, oppfoor.otion duto, etc.) tot forth en bloth 12. n ) g Th., S.,,,eme ,,,o , ,,,,eme,,, ,, ,,,e.ed ,,,,o ,,,,,o.,, ,o a ,,,,,,,, o, the mutua1 agreement of the parties. le medies the ooeve numbered controc9 os set forth in bioch 12 12 DESCRIPTION OF AMf NDMENT/ MODIFICATION
- 1. ARTICLE I - STATEMENT OF WORK, is modified by designating the present paragraph therein as Paragraph 1 and inserting the following as Paragraph 2:
"2. The Contractor will provide career and life planning counseling to thirty (30) employees of the Nuclear Regulatory Commission. Each employee will participate in a maximum of four (4) individual sessions of fifty (50) minutes duration, the total of which will span twenty (20) workdays during the contract term.
The emphasis of the counseling will be on self-reliance and self-help. The outcome for each participant will be the development of more specific career and life goals and the acquisition of skills in making career and life decisions. The counseling sessions will have as their objectives:
- a. Increased awareness of skills, interests and aptitudes.
- b. Clarification of values and priorities.
- c. Increased understanding of obstacles to career planning and development.
- d. Short and long-term goal setting.
E scipt e:s peo-ded he,e.n. of t te.ms and cond.t.ons of me document rebenced en biork 8. os bee sofoee changed. remo.n unchonged cad m tull force and eRut. ONTR AC10R IO EROR 15 NOT RFOUt#ED CO it5 TO 155UING OFFICE CONTR ACTOR / OFFEROR 15 REQUreED TO StGN THIS DOCUMENT AND RETURN 14 NAME OF CONTR ACTOR /Of flROR 17. UNITED STATES OF AME RICA BT gy ($$noNee of person comorened to .gn) (5 gmove of Core.ac mg O%er) e 15 N AME ANO IITit Of SeGNE R (Typ, er prmt) 16. DATE SIGNED 18 NAME OF CONTa ACTfNG OFFTER ('l)pe or p8isti) 19 DATE SIGNED Kellogg V. Morton ao-ioi Fat A -M- I f2- A W ~ ~ "" -"" '""- "
l-( _ () SuNmo rom u. iUtv i966 " " " * " " " " P cruina sievices ,c uisiention CONTINUATION SHEET f tD. F#0C. Af o. [4 4 Cf 8) 1-16.101 AT(49-24)-0305 2 2 saw or o ,inoe on comucon Binder /Elster Associates ITEf4 NO. SUPPLIES /5ERvlCES QUANTITY UNIT UNIT PRICE AMOUNT
- e. Increased ability to analyze jobs in funct ional terms.
- f. Acquisition of realistic information about the sphere of kork.
- g. Increased knowledge of job requirements.
- h. Understanding of the process of n aking career decisions.
- i. Specific practice in making career-related decisions.
In addition to interviewing and counseling techniqups, role playing will be used to increase effectiveness in career-rel ated areas. A Vocational Interest Inventory will be administered, and theinkerpretation of test results will be an integral part of the counsel ng process." .
- 2. In ARTICLE II - PERIOD OF PERFORMANCE, the dates " December 31, 1976" and $
" December 30, 1977" are substituted for the dates "Jnly 26, 1976" and '
" December 30, 1976", respectively.
- 3. ARTICLE IV - PAYMENT, is modified by designating the present paragraph therein as Paragraph 1 and inserting the following as Paragraph 2:
l "2. The Contractor shall be paid upon the submission of a properly executed invoice to the Office of the Controller, NRC, andcertification by the Contracting Officer, a partial payment of $1,200.00 for satisfactory performance of the counseling for half of the desigaated number of employees. Upon successful completion of the remai ling portion of the work and upon submission and certification of a proaerly executed invoice, the Contractor shall be paid the remai ning amount of $1,200.00 (for a total fixed price of $2,400.00)." s m - . . - m. i . , .......-..4., u.io.
= ,2 : .3 <' ,
SenteakD f okM 30, JULY 1966
- i PAGE l OF AMEi. ' MENT OF SOLICITATION /MODIFIC, ON OF CONTRACT ceNteu nD P.OC.sievias nG. ni ADMimsin.Ai>ON Crei i-i ici 1 2
- 1. AMENDmINI#MODif tCAllON NO. 2. Ef f tOIV{ Daig 3 RIQur$ff EON /PURCH ASE stOUf $T NO. 4. PPOJECT NO. (if a/ple.m/ des 2 12/31/76 3 issued er coot 6. ADMi~,siinD .1 rif ut,, ,3.,,, is,a 5>
Cour [ U. S. Nuclear Regulatory Commission Division of Contracts Washington, D. C. 20555 r CONsnAC On NAMf AND ADD 9t$$ coor l l omaun Coot I a. AMINDMINT OF C $0tiCITATION NO F 1 Binder /Elster Associates DAnD (se< 6 tea 9;
.'e , ",7 ll'l; 7309 Durbin Terrace p,d f"'
Bethesda, Maryland 20034 B U. ' "cYa t/Oa NO. AT(49-24)-0305 7 L. _J DAno 7/28/76
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\
p THI5 tlOCK APPtit5 ONLY TO AMtNDMEN15 OF $0tlCIT ATIONS Oa a se a a.c - ~~~ ' - . w-6 12- '** -dMP~ra' - P'so - da. - '~~- On e... ~,, -k osa,e ,-e. s ... . ea~a, .o, ,o ,*e h ond do,e . c.f.ed . .h. i.e o. a. o, e-eaded. b, one .. .he ..ii .a. -e. nod. co e. .. ... .~a . m ., .,uosed..a. .. .. . . . ..ead-en. .a e oc h c o,, .e .he o n e, . 6. .d , e, < c > 7 .e,o o.e ien e, o, .ei e.... to e, ,,a.a. .a ,e a ,
=l* ch 6acivdes . eefe eace so the ..l.cevehoa .ad saendment numbers. 7 AttuaE OF YOut ACKNOwtEDGEMENT TO SE #fCElvtD AT THE 155UING OFFICE Ptica TO THE HOUR AND DAlf SPECIFtID MAY #ESULY eN REJECTION OF YOUR OFFER. If. by ..,, of th.. omead . 4 yo e. <e e. change en o#ee shooey sub=.ae d. .ch choage mor be mode by teles o=
av knee, p....ded .ch e. lee'e a e' tene = eke ..f ,eace to ehe l.c.eoe;.a .ad m .a.ad-eas. .ad e e ce..ed pe.or m the open.ag have .ad dose spec f;ed. ,
- 10. ACCOUNTING AND APPROPalAllON DATA (If rey.,rrd) 41-22-00-202 $2,400.00 ll. THIS tlOCK APPL E$ ONLY TO MODeHCATIONS OF CONTRACT 5/ ORDER $
{ n) Th s Chonge 0,dee a enwed penwont to The Change. .et fo<th na bl.ch 12 ore mode to the abo.e numbered coarrect/ order. (b) The sbo.e avmbered coate.ct /.eder is modified to eeflect the adm.a.strot .e changes (such .s changes sa paying .%e, oppropreeh.a dato. etc.) ee form en block 12. io @ Th.. s.,,,iea . o A .ee e .. . .a ...o .o ....,,,, ., the mutual aareement of the parties. le mod fies the obe.e numbeeed c.atract as set forth en block 12. i2 DESCRIPTION OF AMENDMINI/ MODIFICATION
- 1. ARTICLE 1 - STATEMENT OF WORK, is modified by designating the present paragraph therein as Paragraph 1 and inserting the following as Paragraph 2:
"2. The Contractor will provide career and life planning counseling to thirty (30) employees of the Nuclear Regulatory Commission. Each employee will participate in a maximum of four (4) individual sessions of fifty (50) minutes duration, the total of which will span twenty (20) workdays during the contract term.
The emphasis of the counseling will be on self-reliance and self-help. The outcome for each participant will be the development of more specific career and life goals and the acquisition of skills in making career and life decisions. The counseling sessions will have as their objectives:
- a. Increased awareness of skills, interests and aptitudes.
- b. Clarification of values and priorities.
ce Increased understanding of obstacles to career planning and development.
- d. Short and long-term goal setting.
. .. .. .. da h a. . .. .a .oa. . .. oc e a, ,e,..e-a .a . . .. .. ,e.e.s..e ma,s. -o. ~a..d oa . e .a e.
g 7,gACi,0=/Om.O is,, NOi nouinD ()g com,,c,o,,om,0, ,3 you,,, ,o $,oy,,,s DOCuMem AND n1ueN 4 COPiis 10 issur <G O F C r -
le NAMI OF CONTR ACTOA/OFFttOe 17. uh IED states OF AME 'r '
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- 13. HAME AND flTLE OF $6GNIO (Typt .r prmt) 16 DAlt 56GNED 18 NAME OF CONTasCTitiG Of FICIE ( Type er print) 19 DAf f StGNED O4[M. /I bAddf y fg//77 Kellogg V. Morton Q-ASMrld/t 335 so-iei g A $ ee ljb A M .........e.....<.o...c.a.->=->=
7)* .- sumRo ,0w u. ;uty i,66
* " " " ' " " " " P com CONTINUATION SHEET 2 PED. P.u OC.sievices 8tG (4 4 ,ow~,st Cre) 1.le.new 101 AT(49-24)-0305 2 uma ce cert.o on costucion Binder /Elster Associates ITEM NO. SUPPttES/5ERVICES QUANTITY UNIT UNIT PRICE AMOUNT
- e. Increased ability to analyze jobs in funct ional terms.
- f. Acquisition of realistic information about the sphere of work.
- g. Increased knowledge of job requirements.
'h. Understanding of.the process of naking career decisions.
'~
- i. Specific practice in making career-related dec:isions.
In addition to interviewing and counseling tech niqu be used to increase effectiveness in career-rel ated,es, , areas.role A pla,ying Vocational will Interest Inventory will be administere e inkerpretation of test results will be an integral part of th;d, and th ing process." e counsel
- 2. In ARTICLE II - PERIOD 0F PERFORMANC5, the dates "Deyember 31, 1976" and
" December 30, 1977" are substituted for theidates "Jfily k6, 1976" and '
" December 30, 1976", respectively.
- 3. ARTICLE IV - PAYMENT, is modified by designating the present paragraph therein as Paragraph 1 and inserting the following as Paragraph 2:
"2. The Contractor shall be paid upon the submission of a properly executed invoice to the Office of the Controller, NRC, a'd certification by the Contracting Officer, a partial payment of $1,20 .00 for satisfactory performance of the counseling for half of the d !sigaated number of employees. Upon successful completion of the remai ling portion of the work and upon submission and certifica, tion of a pro 3erly executed invoice, the Contractor shall be paid the remai ning amount of $1,200.00 (for a total fixed price of $2,400.00)."
- n. i e. o-..-,...... .......-..4..
m UIisAso eve >A so. Jutv i9ae cae.i l O, cimeai no eeOCsievice eso nis Ciu arMii.ioste. ANON ici AMEN" MENT OF SOLICIT /tTION/MODIFICAT'7N OF CONTRACT 1 1 g ,
- 1. AMINOMLNf /MOolfiC Af SON NO t H f(7tVI DAf[ 3 a(QuissitON rPU.CHA5E etOUf ST Pk . A F801tC1 NO ( t/ .attlee.atale s
.1 ,'111/30/76
- s. issueo of < <an . Aomusiano e, rif e,s.,7,C i.i a ,j i nu n
_ l U S. Nuclear Regulatory Commission
. Division of Contracts Washinton, DC 20555
- r. CONse AC,On u>t>r l l w n n y unn l s NAM [ AND ADDel$$ AMf NDMf NT Cy 0 50t'cnA"ON NO I Binder /Elster Associates 7 e siano. ,er,.
7309 Durbin Terrace D^"" U " d 'N
..,,.,,,,,. Bethesda, MD 20034 eaOoiriCanON O, med /IP Cedet h CONTR ACI/O Die NO. A_T_.(_4 9-24)-0105 L J oAiro 7/26/76 n,,,.,,,,,
- 9. THl$ $ LOC K APPlatS ONLY TO %Mf NDMENIS Of SOllCII ATIONS The above av =beeed nebedonea . ome ded es set fodh en blesh 12 The have end dos e spee#,d foe eece,ps of 04..s en essended. es aet eetended
~
OEveees evet e< bee.eledee eec e'e' e' *.* **ead*ea' pe'o' 'o 'he have oad da'e es*<' fed * " e tol'a dohoa. *' m o*eaded. by one of me folla- ag a.a*odo (a) Sr s.gaeag and ee'ven.ag asp.es of mee omeadment (b) Se osbae=le'dg.ag rete.pt of Sit ca ead*ea' on eos h ropy of A* +81** subm.eeed. o. (c) $y se poso'e le** e se***e g. esse
=h.sh eastedes e eeleeeac e to the sol adohoa end o**anteeat aumbeen f AltUnf OF YOut ACuNowlinGf MENT TO gf attflvf o At THE fi$U'NG Of f ect Peroe 30 tur Hove AND DAf t $PECIPif D k AT et$Utt IN eEJtCTiON OF YOUp Of f te If by e.dve e6 No emead-eas you d*** e to choave sa *#ee ot.cody subm.aed. iva h chcage may be mente he 'e egresas se tenee, swe..ded such sele g.em ee Ienee mohen esfee, ace so the sol.c dehon and 6.s emead**ae end et res e..ed pr ee to me opemag have oad de'e spessf ed
- 10. ACCOUN11N(a AND APf eOPeaAllON DAt. (11 e ref = es e n/J .
II, IHIS kOC. APPlit$ ONLY TO MODE'sCATIONS Of CON 1e AC15/OeDies 43 0 'h Cho se Ord d '- The Cheagen set 8eee .a bleen 12 oee mode to *e obo.e numbeeed ceaseact/oedee (bl The obove avmbeeed none. ort / order es medf+d 'o sef ect ti.e odeaea. sero
- e changes (such as changes .a past.aq of.<e eppeopoohon do'o. ee< ) set go,sh en block 12
(.i @ ti... $ ,,..**ea.o A. nee, ea, .. ea,eeed .a ,v e .ver .o . mo ,,,, e, _mu tua l a g reeme n t . W medies the cha., avmbesed coateoet es see forth in block 12
- 12. o!5CelPTION 07 AMINoMENI/MODereCaliON Article II - PERIOD OF PERFORMANCE is modified by deleting " November 30, 1976,"
and inserting in lieu thereof " December 30, 1976e"
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" " 4 O$ N TH $ D C Mt conte AC10s/Orf teOe IS efouief o to SIGN THis DOCUMENT AND BETUeN COP't O 155UING Of flCf .
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- s ,, . y f, is NAMt D. J. Oe CONT = ACTi~a Dougherty g Oo Cie < l ymh..mo_
f.<g, ,,,,, 11/30/76 11/30/76 32- o F0 $
- M ' M A N,*****"'"'~*-"''
NRC FORM 255 COMT. .CT RUYDER (10 76) t AT(49-24)-0305 - y , .I DIVISION OF CONTR ACTS I , MODIFICATION NUMBER . - U.S. NUCLE AR REGULATORY COMMISSION ' W ASHINGTON, D.C. 20555 he % e V - 0NEW UMODIFICATION OTH E R (Spectfy) h NOTIFICATION OF CONTRACT EXECUTION i. 4 I CONTRACT BASED ON: 1 To: Richard A. A_1len , AUTHORIZATION NUMBER g,,,,j f f i i $ i I Division of Organization'and Personnel . DATE,,,,,,, ,,, , , . , g,,,_ (Organaation) ,, g FROM: Paull3thatkin % ,* "' 12/14/76 . . CONTR ACT CHANGES PER THISACTION Period of Performance modifiec.' IContract Specati g (Date) '
/ .. by extension of delivery
/ ,I. -
date to December 30, 1976 -
~l y a DIVISION OF CONTRACTS, ADM CONTR ACTOR (Name & L ocation) EXECUTION DATE p ,
Binder /Elster Associates; 11/30/76 - -- 7309 Durbin Terrace .. . . . -- TYPE OF CONTRACT Bethesda, MD 20034 .L - Fixed Price . PROJE CT TITLE PERIOD OF PERFORMANCE Career Counseling .. . 7/26/76 - 12/30/76 e , PRINCIPAL INVE STIG ATOR
,. Elaine K. Binder .. -
NRC AU THOHl2ED REPRESENTATIVE
.. R. A. Allen .
B&R NUMBE R FIN NUMBER ee AMOUNT NEW NRC FUNDS S 0.00 . . FUNDING TOTAL FY 76 FUNDING. (prior) ... S 4,5000.00 - . TOTAL NRC OBLIGAT ONS S 4,500.00 GOVE RNME NT PROPE RTY ATT ACHME NT(Sh CONT R ACT DOCUMENT I I NRC F ORM 255 (10 16) CONTRACT FILE 2 Fo I A -S E- 182-- A TI
I,\ - ,' ~
/'
g - p.'4 BINDER /ELSTER ASSOCIATES ' _ . { . - ) fa Daine K. Binder, M.A. Irene H. Mendelson, MA 7309 Durtan Terrace (393;g$g*49g3 .
* * *~ 7837 Aloerdre n Road lysbe<da, Maryland 20034 L '+ g I LI i
h-thesda, M ryl.nnd 20014 Shulamish R. Elster, Ed.D. . . * - . . :~ .~. Vitginia J. Wheeler, M.A.
'# ' l .;**'~"~~ '
- 2900 Valley Drive ' '
6513 Waeerway Drive Ahzandria, Vitginia 2230J Falls Church, Visginia 22044 December 30, 1976 U.S. Nuclear Regulatory Commission Office of the Controller Vashington, D.C. 20555 CONTRACT NO. AT(49-24)-0305 $ 4500.00 Partial Payment received September 30, 1976 2000.00 Balance due December 30, 1976 $ 2500.00 i P.O. OR CONTRACT s 4 UO. N ' ' 1.I?n0IsI ATIOli _ 4l66 COST SY1.'BOL d i j 03Jr,CT CLASS - {g[4 $(*$k DISCOUNT y_ . _
/J!. CUNT -e N' -
1 ~ IIU
$b P/.RTI!.L -
gj, /-)S*??
;) u.nw . %$. BINDe'R/ELSTER ASSOC 1ATES ix (vio 9y D1ine K. Binder, M.A. Inne N. Mende s n,11. A.
7309 DasLin Tctrace (3gy)q$5 y 9gg- . , 7637 Aber n Itoad
! l l Bethesda, Maryland 20034 * - ' *
* * 'ikthesd), ,faryl.und 20014 Shularnith R. . er, Ed.D.
Virginia L ne l11.A. 2900 Val rive 6513 Water at Drive Alex ria, Virginia 2230) Falls Ch- sh, Virginia 22044 June 30, 1977 U.S. Nuclear- Regulatory Commission Office of the Controller Washington, D.C. 20555 CONTRACT NO. AT(49-24)-0305 $ 2400.00 Payment due 1200.00 Palance to be received upon corapletion 1200.00 Amount due as of June 30, 1977 $ 1200.00 P.O. OR CONTRACT B0. f T-- (iM-a/>)-shi f.P230PRIATION $/[#//l"d
///7 C05T .',n:B0Ll/- ))-/)7)-ff ,0 0' J00T CI. ASS DI:1 COUNT f.'h DN T . / AM #D P/.RTIAL #
FINAL _ ub HMr J
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f~f?. v(rjce,_ v3tN aterlOUSC kCG '
. ' ' e c; g g 3 s g g g ; 3 3_ ,,,,
k -b er'4, 1976 M. . ( . United States Nuclear Regulatory Commission Office of the Controller Washington, D. C. 20555 Ta.r identification number 13G12G270 Invoice No. 13 For professional services rendered in the development of a Budget Manual for-the U.S. Nuclear Regulatory Commission (Contract No. AT(49-24)-0287) [ Total Contract Price $18,500 s Less: Previously Billed 7,400
.$11,100 w 0j$
. P. O. OR CONTRACT No. A1-($1-M)-bsfy APPROPRIAT10NJN,o#-v3 .
lffhg/j/ l06 ' COST SYMBOL /d -/ 9-dj OBJECT CLASS J'5; # 7 DlSCOUi!T_ AMOU:!Tb/J83 rb i PART!AL FINAL '.I.hj _ _ - _ - - _ . -- - - dl- n - A- w. -
sv ..
. .u.
L,ea;a ;,.,_ BINDh.R/ELSTER ASSOC 1ATES
- Daine K. Einder, M.A. inne N. bfendelson, ht A 1309 Durbsn Terrace * (39y)$$g_49g3 g. , 7837 Aberdeen Road liethnda,1.?aryland 20034 s 'e s. i . liethesda, biaryl.end 20014
%larnith R. Dster, Ed.D, , ,, ., -' Virginia J. Wheeler, bt.A.
2900 Valley Drive .~* 6523 Waterway Drive Alextndina, Virginia 22301 Falls Church, Vargania 22044 e January 10, 1978 - U.S. Nuclear Regulatory Commission Office of the Controller Washington, D.C. 20555 Contract No. AT (49-24)-0305 $3100.00 Payment Received 1550.00 Balance due 1550.00 P.O. OR CONTRACT k tc. ,c. . it . NO. _ R [-(t/f-f //)-gf f~ 1.I?110PRIATIOR .]/ Ybf.473 Y/'l COST SYMBOL _ ///-Af-fd-p-y OJJECT CLASS _ DISCOUNT _ IJA0UNT_. / ((p, W ~ PAanu. - nyu, f _ El// Hf-7/ i
yi. BINDLR/ELSTER ASSOC ATh'5)(, AM Daine K. % der, MA g] $5g.49g3 lien
- N. Mendnu>s MA 7309 D*subin Terrace 7837 Aterdeen Road n Teth: eda, Maryland 20034 ) .
- - 11etheuia, Maryland 20024 ,
Shulamish R. Dster, Ed.D. 2900 Valley Drive ,
', Virginia J. Wheeler, MA
. 6523 Waterway Drive Aler:ndria, VUginia 22302 . .
~~ TaTIs Church, VUginia 22044 N
August 5, 1977 l U.S. Nuclear Regulatory Commission Office of the Controller ' Washington, D.C. 20555 CONTRACT NO. AT(49-24)-0305 $ 2400.00 i' f Payment received August 1, 1977 1200.00 i Rilance due 1200.00 ;. 7' - ' P.O. OR CONTRACIO O - 4 B0. kh ' AFFR PRIATION _. 8/ Y 8 4/'? _ COST SYNBOL__ ['" A 8 ~ 03 JECT CLASS _ DISCOUNT p, I , (),L /b-)/-77
P t s RC FORM 255 / CO ACT NUMBE R
. 110 76)
~
/
AT(49-24)-0305 DIVISION OF CONTR ACTS . MODIFICATION NUMBER U.S. NUCLE AR REGUL ATORY CCMMISSION Two(2) -l
, W ASHINGTON. D.C. 20555 '
ONEW X MODIFICATION NOTIFICATION OF CONTRACT EXECUTION CONT R ACT BASE D ON. . TO: Richard A. Allen AUTHOR 12 ATION NUMBER ITottes ,,
. Division of prganJzationtand personnel DATE -
(aQQ w N. & ' & L.)
~"^ "^" "" " ' ^ " ~
FROM: Kellogg V2lllorton, Chief 4/28/77 -
<contr,cr spec,,rari m"
Additional funding; 2 Expands Scope of Work; , _Rasearch Contracts nratich ~. Extends Period of f , Performance DIVISION OF CONTR ACTS, ADM CONTR ACTOR IName d L ucetson/ EXECUTION DATE 4 -- April 28, 1977 Binder /Elster Associates . . TYPE OF CONTR ACT Betheada, MD 20034 . . ... Eixed_Erice_ .. PHOJtCT TITLE PE RIOD OF PF HI ORM ANCE 7/26/76 - 12/30/77 ... Career Counseling ,
,,g ,y c,y,L , n y os,,g,, g n
*! Elaine K. Binder ..
NHC AUT H0H120 0 HEPRESEN T ATIVE
, R.A. Allen FIN NUMBER B A 514UV R F R4 DO-202 . ..
,.3 , AMOUNT NEW NRC FUNDS S 2,400 FUNDING LOT AL FY 7_7 FUNDING (PRIOR) S 0 j;i,.;j[
,. j !, TOTAL. NRC OBLIGATIONS e '
S 6,900 s :
') i ' D >OVt RNME N T l' HOPE R T Y A T T ACH VE N T(S)
CONI R ACT DOCUME NT f _I NHC t OHM 255 CONTRACT FILE 2 n o ira Fo / A - S f- t 1 a_. A 37
+ vt a) (Q .N MAY 0 31977 Binder /Elster Associates ATTN: Elaine K. Binder 7309 Durbin Terrace . .. - Bethesda, HD 20034 . .. . .. l
Dear Ms. Binder:
Subject:
ContractNo.AT(49-24)-0305 Modification No. 2 . ThecopiesofthesubjectrEdificationhavebeenfullyexecutedon behalf of the U.S. Nuclear Regulatory Comission, and one (1) fully executed copy is hereby returned to you for your files. Sincerely,
.. I Original signed by
- Kellogg V. Mortou Kellogg V. Morton, Chief .
Research Contracts Branch Division of Contracts -
Enclosure:
As stated i t f In a "c = , ADM:DC },_,-_,,,,,,,,-,,_,,,
..~.-.* .. KVMorton/m; b ._. . _ _ _ . . . . . _ . . . . . . . _ .. _
3/h/77. .. ._. , _ . . _
.. m,,......,,, _ .m . ......... .........,_. ..................
Fo/A-15-18' Ai,U
. N
" 7IAyD3t3 f oku 3o, JULY 1966 ,
PAGt j or d.....ri St evia 5 Aow.o$n AriON AI. ' ' JDMENT OF SOLICITATION /MODIF.TION OF CONTRACT i Flo PeoC stG (41 Cre) 1-16 101 I t . s uf MDwt ati/ mocapsClisON NO 2 t ritC riv Egy 3 BFQy,$ifiON/PUTCHast slOutST NO 4 taOJECT No. / // /t/.. h/ri Three (3) Sep 2 NIPA Dtd 6/28/77 3 is5vio e, onit . A D. ,~,$ n . , D ., of .,A,, ,A ., u 4 , , U.S. Nuclear Regulatory Commissh . Hm l Division of Contracts Washington, DC 20555 i CONnACiOn N#.mt AND AoDef 55
< om l l i mon < om I -
i AutNDMINT Of 50ticitafiON NO I Binder /Elster Associates ~~l
,,,,,,,,,,,,. 7309 Durbin Terrace D'" o - """*'"
y;,l,'- Bethesda, MD 20034 Oo.nCAno~ o' AT(49-24)-0305 g C h ONIE AC1/ORDEENO L. _J oAn, 7/26/76 y ,, ,_ , ,,, 9 YMt1 alOCK APPtit $ ONiv TO AutNOMtNTS OF sot tCif AisONS n .w.,~ e..a % ,- .. ~.a .. . .... w_ii2 n.. . .a . .- .uo ... .~. . .. Oa... O . ....a . ... ........ Ou..~.................,s...~.~.,......a,,..-.ta,,,........,,a........i..... m . , . . .a .. ~.. ............~.n,i..a.i.................~a~~...o...,.........a..a.m.,......i.....,..i....
.h. .h .ac t.de . . , e e es e n. . *. .e ..l.o... a .a d .a e adm ee a. *b es , fAttuRE o An 5,iCi.,i o . A, .I Suit iN .in ci,0N O, ,Ou. O,, . .. 6, .. .. .. OF....~a-,,-.........h............w..a-,,a..o,,,...,...6.~o.6,..i....
YOUR ACN NOwif DGE uf NT 10 Bf ef CElvt D AT THE ISSU NG Of fiCE PetOR TO THE io.......a.....~.i.....6...........,s.............a....~a~~..a........a,,..s......a.......r.. iD ucousnNG AND Arnorni AriON D AT A r if ,,p.,,,.sj 41-22-00-202 31X0200.407 Obligate: $3,100 Il IHIS KOCK APPilES ONLY 10 MOD,76CA1,0N5 07 CONTR AC15/ ORDit$
- ts) Th ., C h.a.e Oe o. .. .u.e d p... a. ..
Th. Ch.n.e. f.r. se bl. k 12 . .n.d. ,he .b... n.ebe..d e .M..,t /.ede, . (b) The .b..e si.mbe.ed e.ca.. t / d.. .. sa.d Eed ,. ,eflec, the .dm.n..t.....e es.nge. (..ch .. c h.n ge. .a pov.ag .f4., .pp.o,n.n.a d..., en I .e, f r h in t.l.< k 12 m n.. 5 ...~,.. A,...~ .. . ...a .. ,... . . . .. ..... ., _ thet mu t u al_ag r_eeme nLof_the_p arli e s i, .u. . ...... ~...,a . ...,,....... ,. w.a 2 12 OtSCttPfeON OF AMF NDME NT /MODipiC AT60N
- 1. ARTICLE I - STATEMENT OF WORK, is modified by inserting the following as Paragraph 3:
"3. The Contractor will provide career and life planning counseling to a minimum of thirty-eight (38) employees of the U.S. Nuclear Regulatory Commission.
Each employee will participate in a maximum of four (4) individual sessions of fifty (50) minutes duration, the total of which will span twenty-four and four-fif ths (24-4/5) work days dur.ing the contract term. The emphasis of the counseling will be on self-relia'nce and self-help. The outcome for each participant will be the development of more specific career and life goals and the acquisition of skills in making career and life decisions. The counseling sessions will have as their objectives:
- a. Increased awareness of skills, interests and aptitudes.
- b. Clarification of values and priorities.
..........a,......a..........h..,_,.........a.,w_....h.....a.h..........a..,
ONTR AC100 'OHlaOR ,5 NOT 8t Obtf o (ONTR ACTCa /Ot tt TOR 15 ktOutef D 10 SaGN TH+5 DOGJMINT AND Rf fURN . k _ _ COrit $ 10155ViNG Of hCE la Miuf Of (ONTR ACTOR JO,f f t04 11 t/Nitt0 ST Af ti OF Aut RIC A t,... _ _ _ _ _ _ _ . _ __ . __ _ . _ _ _ _ _ _ . _ . _ _ . 37___.__.__ _ _ _ l$ N & wl AND Tift l Of SIGNt t (llfe or p. set) 1 D Alf 58GNt D 18 NAMt Of CONie ACT.NG O,f(I t f lit, , f r,.t/ 19 Catt 5 'GN I D Mary Jo Mattia SEP 7 a 1'* so-ioi
$ N $ =, M' h n ~ " ' ," - **"" "'"-'" "*
y 4,. -,
, .1 n ,
staNeano eOru 36, JUtv 1966 l* cpi,i*p'y;osjoggy,,,47,og CONTINUATlON SHEET AT(49-24)-0305 2 2 ami w or,i.e. on co~reacto. Binder /Elster Associates 11(4 NO. $UPPLIE5/5ttvlCES OUANilfY UNif UNif PRICE AMOUNT
- c. Increased understanding of obstacles to career planning and development.
- d. Short and long-term goal setting.
- e. Increased ability to analyze jobs in functional terms. .
- f. Acquisition of realistic information about the sphere of work,
- g. Increased knowledge of job requirements.
- h. Understanding of the process of making -
career decisions.
- i. Specific practice in making career-related -
decisions. In addition to interviewing and counseling techniques, role playing will be used to increase effectiveness in career-related areas. A Vocational Interest Inventory will be administered, and the interpretation of test results will be an integral part of the counseling process."
- 2. ARTICLE IV - PAYMENT, is modified by inserting the following as Paragraph 3:
"3. The Contractor shall be paid upon the submission of a properly executed invoice .
to the Office of the Controller, NRC, and certification by the Contracting Officer, a partial payment of $1,550 for satisfactory performance of the counse ling for half of the designated number of hours . Upon successful completion of the remaining portion of the work and upon submission and certification of a properly executed invoice, ' the Contractor shall be paid the remaining amount of $1,500, for a total fixed price of $3,100." u.io. ......-,,u... ..........
b k
* " M uhDPOkM 30. ,ULY 1964 ,
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,ctwe 9E0'P.O( u m..Cis,a,-,N,siaanou OfG to Cit,1 14106 AM. OMENT OF SOI.lCITATION/MODIFK ION OF CONTRACT i 3
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- U.S. Nuclear Regulatory Commidsh
! Division of Contracts
';!ashington, DC 20555 i
1 CONTR AOCS (UDE l l 1 ACll.lff CUDh k 8 NAMG AND ADD 8t$$ , AMfNOMINT OF O sot'ci'ano~ ~o-l I Binder /Elster Associates N
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- 41-22-00-202 31X0200.407 Obligate: $3,100 II. THt$ SLOCm APPtits ONLY 10 MOD,7tCAllONS OF CONTRACTS /ORDies e l m n . . C .. O.... .. ... a . .. .
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- 1. ARTli E i - S1AfEMENT OF WORK, is modified by inserting the following as '
! Paragraph 3: l l
"3. The Contractor will provide career and life planning counseling to a minimum of thirty-eight (38) employees of the U.S. Nuclear Regulatory Commission.
Each employee will participate in a maximum of four (4) individual sessions of fif ty (50) minutes duration, the total of which will span twenty-four and four-fifths (24-4/5) work days dun.ing the contract term. The emphasis of the counseling will be on self-relia'nte and self-help. The outcome - for eat' pceticipant will be the development of more specific career and life goals and the acquisition of skills in making career and life decisions. The counseling sessions will have as their objectives:
- a. Increased awareness of skills, interests and aptitudes.
- b. Clarification of values and priorities.
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OuM N b' ' h Mary Jo Mattia SEP 2 g 077
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,io ',','M'.s'i. i JE'i'.'i. i, N CONTINUATION 5HGT AT(49-24)-0305 2 2 Binder /Elster Associates
- titM NO. $UPPLl!5/SERvlCES OUANitTY UNif UNif PUG w OUNT i
- c. Increased understanding of obstacles to career planning and development.
- d. Short and long-term goal setting.
- e. Increased ability to analyze jobs in .
functional terms. .
- f. Acquisition of realistic information about the sphere of work.
- g. Increased knowledge of job requirements.
- h. Understanding of the process of making
- career decisions.
- i. Specific practice in making career-related
- decisions. , .
In addition to interviewing and counseling techniques, role playing will be used to increase effectiveness in career-related areas. A Vocational Interest Inventory will I be administered, and the interpretation of test results will be an integral part of the counseling process."
- 2. ARTICLE IV - PAYMENT, is modified by inserting the following as Paragraph 3:
"3. The Contractor shall be paid upon the submission of a properly executed invoice .
to the Office of the Controller,f4RC, and certification by the Contracting Officer, a partial payment of $1,550 for satisfactory performance of the counso ling for half of the designated number of hours . Upon successful completion of the remaining l portion of the work and upon submission ' and certification of a properly executec invoice, l the Contractor shall be paid the remaining j amount of $1,500, for a total fixed price of $3.100." t u.io. ............. ,,,,,,,,,.... L
e - I w NRC F ORM 255 CC . RACT NUVBER
" * ~
AT(49-24)-0305 DIVISION OF CONTRACTS MODif IC ATION NUM BE R U.S. NUCLE AR RE GUL A TORY COMMISSION 3 - WASHINGTON, O C. 20555 . . . ONEW @MODIFIC ATION OTHE R (Specify/ NOTIFICATION OF CONTRACT EXECUTION . 70 Richard A. Allen CONTR ACT BASED ON: f 7,,,,j AUTHORIZATION NUMBER t Division of Organization?and Personnel
% DATE g.on , soni
( Pro [a C NTR ACT CHAN ES PL R THIS ACTION FROM: e , ie 9/23/77 (Con'oract Specrabst) (Datel
. Expands Statement of Work Administrative _Contragtt_Cranch DIVISION OF CONTR ACTS, ADM CON T R AC TO R INew & L ucerson/ EXECUTION DATE 9/22/77 Binder /Elster Associates Bethesda, MD 20034 MPE OF CONTR ACT Fixed Price PROJi- CT TI T L E FE AlOD OF PL HF OHMANCE Career Counseling 7/26/76 - 12/30/77 -
PHINCIPAL INVLSTIGATOR Elaine K. Binder NHC AUTHOH12E D HE PHE SENT ATIVE N"Ya.y'g R. A. Allen cib. i (A]y; osn NUMot H 41-22-00-202 nN NUMut n t;/A AMOUNT
~
NEW NRC FUNDS S 3,100.00 _ rUNDING 765 TOTAL FY 7_] FUNDING _ s 6,900.00 . . . . . TO T AL. NHC OBt IG AllONS S10,000.00 GOVI HNYF N T PHOPL RT Y AT T ACHME NTISI CON T H AC T DOCUMF N T ( . _ _ _i Nnc#onM m5 . mo m CONTRACT FILE 2 FinA M- \12- A/M
y '. -^ . ( , PROPERTY CERTIFICATION CCHTRACTOR 81ndts EislwdicirtWhew +tdhctldCONTRACr W $~&oWNO. Please complete Item I or II as applicable: I. There was no residual Government-owned property of any description
, remaining at the completion of this contract. Therefore, this constitutes a negative reply to your request for a final inventory of residaal Government-owned property on the subject contract.
SIGNATURE M , M TITLE b &. DATE dNM II. A final inventory of residual GOVERNMENT-0WNED PR RTY NLY, is enclosed for the category (or categories) checked below: ( ) Equipment ( ) Materials and Supplies Except for the category (or categories) checked above, no other residual Government-owned property of any description remains on this contract, at its completion. SIGNATURE TITLE DATE All Government-owec property (whether acquired with contract funds or Government furnished) must be disposed of at the completion of this contract. Since this contract is in the process of being closed-out, please furnish us an inventory of such residual government-owned property in your possession relating to this contract. Items of equipment acquired with contract funds, title to which is vested in the Contractor, should not be included. The inventory should be in two parts: (a) Caoital Eouiement Items having a value of $300 (for Industrial Contractors) or 5200 (for University Contractors) and having a life expectancy of one year or more, por A-ts - 18L A 41 A
( ( (b) Non-cacital Eouioment - Minor equipment, materials and supplies, residuals from production, scrap, and other special materials (such as platinum), etc. The inventory should show for each item the following:
- 1. Complete description
- 2. Tag numbers for capital equipment
- 3. Unit cost and original purchase date
- 4. Condition and date acquired
- 5. Quantity or weights for other special materials
' Type and level of radioactive contamination should be provided on
- ite.ns reported, when 3ppropriate, or a general statement included that none is contaminated. '
NOTE: One copy of this form is to be co,mpleted and returned '. immediately to USNRC, ATTN: (Branch Chief, DC). The other may be retained for your recoras. l e b 9
U. S. !RICLEltR REGULATOIC( CCf MISS]ON Division of Contracts Record of Telephone Call (s) Initiator: #4 bfk Receiver: , V Contractor: & V Contract Ib. [9- 2 y3o[ Call Date: 0 / ~/7 Content of Conversation: p ht O l- ,h N pund sat' f py d 2
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Larry Cooper . t Office of the Controller AUG 0 61976 - l HOTIFICATION OF CONTRACT EXECUTION I Contract Number: AT(49-24)-0305 Modification No. - Renewal New X Other Period: ' 7/26/76 - 11/30/76 Typ'e: FP , Effective Date: 7/26/76 Contractor: Binder /Elster Associates Address: Bethesda, Maryland
'1 Key Person: Dr. Elster
Title:
. Career Counseling Funding: New NRC Funds . . . . . . . . . . .
. . . . . S 4.snn.nn Previous Obligation . . . . . . . .. . . . . . .. $. O Total NRC' unds . . . . . . . . . . . . .. . . . $ 4.500.00 .".;. FY-76 Funding . . . . . . . . . .. .. . . . . $ 4.500.00 1
o cg;g b*s J. Dougherty, Chief G47t'h Technical Assistance Contracts Branch Division of Contracts DC:st.
Attachment:
Contract Document (1) 9 gws Fo I A-TS - '8' A +7 .
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( U. S. tid 3Eldt RETIJsTOiU CCf MISSION Division of Contracts Iteoard of Telephone Call (s) Irritiator: 7 Iteceiver: Contractor: "! l' I88 Contract IJo. I k- 7 d_70 [ Call Date: ! 77 Contcet of Conversation: (bk( $ ' d su1' - O y/ /vd
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