ML20133C180
| ML20133C180 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/1981 |
| From: | Lebo C NRC |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20132F816 | List:
|
| References | |
| FOIA-85-182 RS-ADM-82-358, NUDOCS 8507200456 | |
| Download: ML20133C180 (76) | |
Text
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, UNITED STATES
! 4* +% NUCLEAR REGULATORY COMMISSION i WASHINGTON, D, C. 20655
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e AUG 0 71981 Gentlemen: -
Subject:
Request for Proposal No. RS-ADil-82-358 Entitled: Career Counseling The U. entitled project S. Nuclear Regulatory Comission (NRC) is soliciting proposals for the above.
The full scope of work anticipated is as set forth in that part of the Request for Proposal entitled, " CONTRACT SCHEDULE - STATEliENT OF WORK." ,
I
- It is our intention by this solicitation to secure the best qualified organiza- j tion available to perform this project, cost and other factors considered. !
If you desire to respond, your proposal should address the proposal content requirements set forth in the body of the solicitation. All proposals will be evaluated against the evaluation criteria shown in Part II. For your convenience, an "RFP Sumary" has been provided as Enclosure A.
Instructions for completing and submitting your proposal are provided in Enclosure 8.
Should you determine that you do not wish to submit an offer, a "NO-OFFER RESPONSE FORM" is provided as Enclosure C.
The solicitation package,is included as Enclosure D.
If you have any questions concerning the requirements of this solicitation, please contact Marie Page be accepted). at (301) 492-4800 (collect calls will not S
cerply.
g TB Contracting Officer
Enclosures:
A. RFP Sumary
- 8. Proposal Submission instructions C. NO-0FFER RESPONSE FORM
- 0. Solicitation Package (Standard Form 33 with Attachments) gg ($.l$L.
8507200456 850503 PDR FOIA SATERN85-1Es2 PDR kl M
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SUMMARY
The following sucr:ary provides a general description of this requirement.
Further cetailed infor tation is furnished in the applicable sections of :he RFD.
RFP NO.- RS- ADM-82-358 RFP TITLE: Career Counseling 3RIEF STATEMENT OF ' WORK:
The Contractor shall provide career counseling services to volunteer Head-quarters employees and provide liaison and consultant services between Head-quarters Staff (MDTS) and those persons providing career counseling services to employees in NRC Regional Offices.
RFP RESTRICTIONS:
O Unrestricted O Mandatory Small Business and Small Disadvantaged Business Subcontracting
@ Set-Aside '
/~7 Total Small Business - Labor Surplus Area .,.
/Y Total Small Business Set-Aside
{/ Partial Small Business Set-Aside .
ISSUE DATE: 8/7/81 CLOSING DATE/ TIME: 9/8/81
. EST* MATED LEVEL OF EFFORT: N/A PERIOD OF PERFORMANCE: Twelve months with options for 2 additional 12-month periods.
PROPOSAL ACCEPTAftCE PERIOD: Ninety (90) days.
AliTICIPATED AWARD OATE: November 1981.
TYPE OF CONTRACT AtlTICIPATED: Fixed Price SECURITY REQUIREMENTS: N/A PRE-PROPOSAL CONFERENCE: N/A TELEGRAPHIC RESPONSES ARE NOT AUTHORIZED.
ENCLOSURE A
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PROPOSAL SUBMISSION INSTRUCTIONS ,
The following instructions are provided as a su. mary guice to assist the offeror in the suomission of a prooosal but they do not sucersece those instructions contained in the solicitation package. The instructions contained throughout the " solicitation package" (Enclosure O to the cover letter) shall govern in all instances where a contradiction exists.
00CUMENTS REQUIRED IN PROPOSAL
- -- One (1) original signed copy of the solicitation package, i.e., Standard Form 33 with attachments.
-- One (1) original and three (3) copies each of the Technical and Cost Proposals.
OFFER 0R " FILL-INS"
-- Offeror must complete Block Hos. 16,17,18,19, and 20 of the SF-33 along with completion of all representations and certifications contained on pages 2 through 5 of the solicitation package.
-- Part IV,offeror.
by the Attachment #4, " Proposal Sumary and Data Sheet, is to be completed
-- It is requested that the " Optional Form 60" provided in Part IV be used in submission of the Cost Proposal.
NOTE: The offer must set forth full, accurate, and comolete information as required by this solicitation (including attachments). The penalty for making false statements is prescribed in 18 U.S.C.1001.
TRANSMITTING OFFER 0R'S PROPOSAL ,
All offers should be addressed as indicated in Block 7 of the Standard Form 33.
The envelope used in submitting your proposal must be plainly marked with the solicitation number, the time, and data set forth in the solicitation document (Block 9 of the Standard Form 33) and the following notation: "Mafi Rcom -
Do Not Ocen."
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- Hand-carried solicitations - Hand-carried offers should be addressed as indt-cated in Block 7 of the Standard Form 33 and delivered to:
I U. S. Nuclear Regulatory Comission Division of Contracts Administrative Contracts Branch -
AR 2223 4550 tiontgomery Avenue, Second Floor Bethesda, MD 20014 00 NOT HAND OELIVER TO
- BUILDING SECURITY GUAR 05. PHONE x- 24210 AT IfiE GUA D ESK. -
Telegrapnic proposals are not authoriand, and if submitted, such proposals shall be rejected.
ENCLOSURE 8
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}\ Q NO-OFFER RESPONSE FORM RFP NO.: RS-ADM-82-358 TITLE: Career Counseling Please review the enclosed RFP. If you do not desire to submit a pro::osal, c::mpleta the section below, fold this sheet as incicated on the reverse, stacle, affix postage, and mail back to the NRC.
Gentlemen:
Please be advised that we do not desire to submit a proposal for the acove RFP.
We / / desire / / do not desire to be retained on the flRC Contractor Bidders MaiTIfig List.
O We desire to be placed on the NRC Contractor Bidders 11 ailing List.
Name & Address of Organization:
.! Authorized Signature:
Typed flame and
Title:
l Date:
EMCLOSURE C
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j l0" TABLE OF CONTENTS 0 v
', RFP NO. RS- ADM-82-358 I PART I - GENERAL INSTRUCTIONS Standard Form 33, " Solicitation, Offer, and Award";
" Representations, Certifications, and Acknowledgments" PART II - SOLICITATION INSTRUCTIONS AND CONDITIONS Standard Form 33A, " Solicitation Instructions and Conditions"
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'; -- Proposal Presentation and Fonnat
-- Business / Technical Proposal Instructions
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-- Evaluation of Proposals PART III - CONTRACT SCHEDULE g
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.! Article I - Supplies, Services and Prices Article II - Statement of Work Article III - Period of Performance Article IV - Deliveries Article V - Inspection and Acceptance Article VI - Consideration and Payment Article VII - Private Use and Protection of Unclassified Government Information Article VIII - Key Personnel i
Article IX - Technical Direction Article X - Project Officer
-Article XI - Conflict of Interest Article XII - Contract Administration Data Article XIII - General Provisions PART IV - ATTACHMENTS NRC Contractor Organizational Conflicts of Interest Attachment 1 (41 CFR Part 20) 1, NRC Organtzation Chart Attachment 2 Optional Form 60 Attachment 3 Proposal Summary and Data Sheet Attachment 4
- General Provisions Attachment 5
- NRC Manual Chapter 3202 Attachment 6
- Please note that in order to reduce printing costs, only one copy of this docunent is included with this solicitation. Please retain it for your files since any contract awarded as a result of this solicitation will also contain this document by reference.
ENCLOSURE D
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REPRESENTATIONS. CERTIFICATIONS AND aCKNOWLEOGMENTS RiPR ESENTATIONS .C.w or comoorte att avolocoo*e comes or osoces I f'
t ine off6;r eornents as cart of nis offer tnat '
- 1. SMALL BUSlNESS ISee car 14 on SF 23 A 1 me _ .s _ s not a trnan business concern if offe'or s a sman outiness concern and is not tne manufacturer of the supones offerea.
- e asse 'eoresents tna! ; sucesses to be furnisned nereuncer C vwill. C Will not, be manuf acturered or ttrocuced by a small business concern I e tne Unitec $ tate. s possessions. or 9uerto Rico.
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- 2. MINO AITY BUSINESS EKTERPRISE '
r'e C .s. 2 is not a minority cus. ness enterprise. A minority ousiness enterprise is defineo as a " business at least 50 percent of wnien
.s owneo my mironty grouc memoers or.in case of tsuancly owned businesses. at least 51 percent of tne stock of wneen es owned evminority youo membe's F or the surpose of this cefenition, minority grouc members are Negroes. Spanish sosaarng American persons 1 American Orientais Amer.canano.ans Amer can Essimos. and American Aleuts. I
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me is . C regular ceasee in C manufacturer of, tne supoises offered
- 4. CONTINGENT FEE lSeear t$ on SF 23 A 1 9 9e 2 *af 2 nas not, emotovec or 'etained any Comoany or persons rotner t*an a luft time rjona fase eriolove* .vorr#rg sotefv or f rne nrre m' ionic t or leCure !nis Contract. ano 8bt he 2 nas. C nas not. paid o' agre ed to cae any company or oe' son Wne' fnJne ' /" ,
I reme oor, f c emorcyce worerrag soitte for rme offeror! any fee, commission, oerCratage or orcaerage fee contingent .oc.n Jr 'vsJiting from rne awaro of inis contract. ano agrees to f urnesn information retating to tai anc tbt soove. as reouestes av rne Contractmg Officer 'Interpre-tation or tne representation enciscong the term " bona froe ema.ovre."see Coor of Fearrar Reguiat*ons. Totte 41. Succart r 1.5 i n I
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TYPE OF BUSINESS ORGANIZATION '
He coerates as C an individual. C a cartnersnio. 2 a nonorofit organization. 2 a coronration. incoroorated unoer tne laws of the State i.
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Esp o!'eror snau ompiete c tai and 10) if apotecacie, ana acJ criow las Me ". s. 2 s not, owned or controued by a carent company ISee par. 16 on SF JJ t ,
iDr af the offeror is owneo or controlled my a parent company, ne snail enter in tne blocal besow the name anc main office acoress of tne Darent Company:
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- 7. EQUAL OPPORTUNITY (al He C has. C nas not, carticipated in a previous contract or sut. contract sublect eitner to ine Ecual Opportunity clause merein or tne c ause originan, containeo en section 301 of Executive Order No.10925. or tne cieuse contained in Section 201 of Esecutive Oroer No 11114. Inst ne C nas. C nas not. filed all recuired comphance reports; and tnet recresentations indicating submission of reouereo comosiance reports signed by proposed subcontractor 3. Will De CDtained prior to subcontract awards. (Tne soove reoresentation need not De suomitted in connectron witn contracts or suocontracts wnien are exemot from tne eoual occortunity clause 1 i fue Tne niceer tor offerori represents that (11 he C has ceveiooed and has on feie. C has not ceveicoert and oces not have on fee. at esen estitlesnment affirmative action programs as reouired Dv the rules and regulations of tne Secretary of Lacor 141 CFR 601 ano 60 21 or (2) ne C nas not previously had contracts suciect to tne written affirmative action programs reoveremeat of tne rules anc regulations ef 19e Secretarv of Lacor tihr acore reoresentatiort snatt or comoterre oy earn onceer vor offerors whose ord roffert is $50.000 or more anc wno nas 50 or more emotovers 1 CE RTIFICATeONS ncneca or comorere oro accrocavoo comes 0* rnocen
- 1. BUY AMERICAN CERTIFICATE The offeror certif*es as part of his offer, that: eacn ene product, except the end products listed Desow. is a comestic end product ias cefened in the 4:lJu3e entelled " Buy American Act"), and that components of unknown origin have Deen considereo to have been minec. produced, or manufacturec outside the United States.
I h oset=c**ccuct5 covar='oso**Ga l
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A g . i..} s Page 3 2 CLEAN Asn ANO WATER Acosicacie at :no ord or offer escrecs $100 000.or ene contractseg articer has corremoned enar under an oncetonite quantity contract on any year wrti escred $100.000.
or a facalotv to be used has oern the suctect of a convrCrion
.oncer the Clean Air Act 142 U S.C 1857c.8fciltilor the feceral Nater Pollution Contr or is aar otnerwise esemot i Ine bidder or of feror certif es as follows.
tal 2,7tection Agency L;st of Votating Eac:ht;es.any 'acihty to be utdited n tne cettormance of this proposed Con e) se .ved promotty nottfv De :entraC!ing offeCar, orior to award.ot tne receiot of any Communication from tee D irector. CitiCe of c.ce,3, activ, ties, Environmentai Protection AgenCs. indicating (nat any faCnity wnicn ne proposes to use for tne p ce of tne
- ontraCt is accer Consideration to me hsted on the EPA list of Violating Facdities.
- C) He wal inC
- ude sucstantiaily rnis Certification, enCtuding this paragraon (C), in every noneremot succontract.
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- 3.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISee par 18 on SF JJ 4/
! 'ai By 3rgantlation. Inst suomission of ines in Connection withoffer. Ine offeror certifies. and .n the case of a noint offer, eacn party tnereto Certshes as to its own tnis procurement:
(1) Ine or :es in this offer n
} ave Deen arrived at indeoencently, witnout Consultatfort. Commurtication or agreement, for tne I ,;urcole Jf restry;!ing C:moetition, as to any matter relating to suCn crites Witn any otner offeror or mitn any Cornoetitor (21 Utiless otriefwise required Dy law, the prices wneCM Nave been Quoted in this offer nave not w g been kno inbyl the y disclosed M'errCr and wHi not knowingly be disclosed Oy the offeror prior to coening in the Case of an advertised wr i procurement e
o gase of a nirgotiated procurement airectly or ends'eC!ly to any otner offeror or to any CCmpetitor; and Sffer fot (nati3) No a,ttempt ourpose nasCompetittor1.
of restriCilnq Deen made or wat ce made by the offeror to induce any other person or firm to suomit or not Ibs Eacn person signing enes offer Certifies that:
sti He .5 the oorson en the otte or's organization responsicle within (nat organization for the cecision as t offered merein and that ne nas not cartictoated, and wol not particioate,in any aC! ion Contrary to (aHil enrougn tal(3), aoove, o i21 W He is not tne person in tne offeror 3 orpnization responsicle witnen tnat organization for tne decision as to f
oeiaq offered Merein out that ne nas been aatnoriled in writing to aCf as agent or tne eersons retoonsiDie for sWCn pac cersons nave not particsoated and W63 not DJrtiC104te, in any JCtton contrary to fal(1) tnrougn f4H3) 4 Doveerand .
agentasdoes tne mereoy so Certify. and hel ne Nes .iot participated, and wdl not participate, en any action contrary to (aH fl througn {all3) above.
, A CERT 1F' CAT CN CF NCNSEGREGATED
! FACIUTIES G1ootreacte to (1) conersets. (2) suoconersets, and (J) agreements worn
, .ocuacanes urnvessons ofwno are themselves the Equal performung federasty assisted construction contracts. escrecong $10 C00 whicn are not esempt tra Cocortunity r;tause.)
erno;obees9i rne anysuomission segregated f of tnis bid, the midder, offeror, acchCant, or sueContractor certifies that ne does not maintain or provi
'oratinn .60** nos Controt 4C:lities at any of hts establisnments, and that he does not permit his employees to perform their servsCas at any enere segregated f aciferies are maintanced. He Certif 6es further that ne weil not maintain or orovide for nas emoloy.
Ws ativ legregated facshties at any of Nis estabhsoments, and (nat he will not permit nis emotoyees to perform tneir servrces i ,
at any loCJ
. ant!:t i 9es Control, wnere ,qregated facd tres are maintairied, The Didder, offeror, acobcant, or suCContractor agrees tnat a breacn of this
- if cation .s a seolation Cf tne Ecual Coocrtunity C:ause in (nis Contract. As used in tnis Certification the tem "wgregated facd Jriv mast.ng
'ressing areas rocms. Norst areas. *est *ooms aad wash rocres restaurants and other eating areas, time C!oCPs. !acker 'coms and otn carvang fors, crinking fouritains, recrfation or entertainment areas, tratisportation, and houssr g faCliitres proveced for emoiovees anicn are segregated Dy exchC:t 2irective or are in fact segregated on tne casis of ract color. religion or national origin. D of 9acit. soCai Custom. or otherwise He 'urther agrees (nar le Cect anere ne nas octaieed identical certifications ' rom procosed subcontractors for soecific time oeriods) ne wdl 00tain ident. Cat Certifications from crocosed suoContractors prior to the award of
, suocontracts e Ceeding 510.000 wniCn are not exempt from tne provisions of tne Ecuas Cooortunity Clause; tnat ne was retain sucn l CertihCations in his 'tes, and that ne adt forward tne following notice to sucn proposed sueContractors le Cent anere tne croo succontractors have suomitted iderttical CertifrCations for sovcihC tirne periodsl:
1 i
Notice to prospective subcontractors of requerement for CertshCations of nonsegregated facdities.
- 4 Octification of Nonsegregated Fac:hties must De suomitted prior to the award of a succontract exceeding $10 000 an .
imemot from tne provisions of tne Eouas Copertunity C:ause. The certihCarion may te suomitted eitner for eaCn suocontract or for ail suCContracts V:C 100! dunnq a seriod b e., ouarterey, semiannually, or annuallv). NO TE. The venatty for maning tasse aners ,a orescricco ,n Continued on Page 4 i awesoinget aiC j :ats ) ame%Cutait aeo l 3 art ACXN0WLEDGMENT OF AMENOMENTS The offeror itChrloweeOget recelet of ernend- =g monts to :ne SonCnason for offers and reisted i secuenems nurneeres and cased as foslows t l t l l h
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- stu arr rarra tuot JCcarate sna i;omusere .ntormation Js recu.ree av trus .iotociterion onctucing attacn .entsi Tne aenarry i
- se masones !) se statements as orfers is cretcrioed <n Id J S C 1001 e
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PART I :
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Representations, Certifications, and Acknowledgrrents - Continued SF-33 (Dage 3)
- 5. WOMAN-0WNED BUSINESS Concern is 6 is not 6 a woman-owned business. The b_uisiness_is publicly owned, a joinj;_, stock associgion, or a business trust L/ yes L/ no. The g business is L/ certified /_,/ not certified.
F A woman-owned business is a business which is, at least, 51 percent owned, C controlled, and operated by a woman or women. Controlled is defined as b exercising the power to make policy decisions. Operated is defined as actively involved in tne day-to-day management. g 5
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily represent that they are, or are not, woman- ,,
owned if this information is available. [
- 6. PERCENT OF FOREIGN CONTENT 1.
The offeror / contractor will represent (as an estimate), inmediately after L the award of a contract, the percent of the foreign content of the item or t.
service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
- 7. NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
C (a) In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or i
l' discharge of employees or in connection with the tems, conditions, i or privileges of their employment, discriminate against persons - F because of their age except upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, and _
s C (b) That contractors and subcontractors, or persons acting on their
! behalf, shall not specify, in solicitations or advertisements for f..
I employees to work on Government contracts, a maximum age limit i i
for such employment unless the specified maximum age limit is U l
based on a bona fide occupational qualification, retirement plan, f or statutory requirement. -
- 8. CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
l l The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract.
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- 9. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST ,
I represent to the best of my knowledge and belief that:
The award to of a cogiract or the
! modification of an existing contract coes L/ or oces not /_/ involve, l situations or relationships of the type set forth in 41 CFR paragraph
.j 20-1.5403(b)(1).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the J Contracting Officer otherwise determines that potential organizational i conflicts exist, the offeror shall provice a statement in writing wnich describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer. If the Contracting Officer determines that organi:ational conflicts exist, the following actions ,may be taken:
i (a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or
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(c) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of I 20-1.5411.
i.
.he refusal to provide the representation required by 820-1.5404(b) or upon request of the Contracting Officer the facts required by $20-1.5404(c),
shall result in disqualification of the offerer for award. The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro- .
vided by law or the resulting contract.
1
' The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits suen
,j exclusion. Any such proposed exclusion by an offeror will be considered 1 by the NRC in the evaluation of proposals. If the NRC considers the pro-
'] posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive
]3 posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor infonnality, and the offeror will be pennitted to correct the omission, r Any contract resulting from a solicitation requirement shall include j general clauses (41 CFR 20-1.5404-1) prohibiting contractors from 1 engaging in relationships which may give rise to an actual or apoarent conflict of interest. Note: NRC Contractor Organi:ational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
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DART 11 Page 6 SCUCITATION INSTRUCTIONS AND CONDmONS
- 1. DEFINITIONS. t As used heresn: 7, LATE Bifi$. MOOlHCATIONS OF 8105. OR WITHORAWAL OF '
BIOS.
(a) The term solicitsuon" rneens invitation for Bids (IFB) where (a) Any bid rrreeve d e time oth,e <t. ce iated in the sobritauon after the procurement is advertised. and Request for Proposal (RFP) where the procurement a nerousted. the emai t time spei nfied for rece.ti: wil: ..ot be er ns.oered unless it is
~
received before award p fr.m . net .m her-Ib) The term "o6er" means bid where the procurement is adver.
tased, and proposal where the procurement is negouated. (1) It wasdas sentprie,r bs reeiste ectl e .crtdied rnail not lairr than the (c) For purposes of this solicitation and Block 2 of Standard Form ftfth calenc!ar to en itate sireihes t for the erreipt ul bids 4 :, a bid submittee m res:r w a o.intauon requinne receipt of 33 the term "noverused" meludes Small Busmens Restnered Adver. bics by the 20th of the month must havr I.cen inailec bt tne 15th or tising and other types of restncted adverusang. earlser) ; or
- 2. PMEPARATION OF OFFERS. (2) It was sent by mail f. r t. ! eram if authonard) and it as (a) 06emr8 are espected to emarrune the drawings, speci6canona, determined bv the Governmerit that the lair recespt was due solely to mishandling by the Gosernment afor receipt at the Government Scheduie. and all metructions. Failure to do no will be at o6eror's nsL metalianon.
(b) Any modi 6ranon or withnrawal of a bitt is suhiert to the same fb) Each o6eror shall furnish the information required bv the solicitauen. The o6eror shall seu the sohcitauon and pnns or type conditions as in tal, abovt A rud mas ahn he withornwn in person '
by a bidder or his authonred reprewniauve, provided his idenuty is his name on the Schedule and each Contmuation Sheet thereof on mace known and he signs a receipt for the ned. but orily if the with- t whsch he maaes an entry. Erasures or other changen must be initialed (
be the person signing the oder. Offers signed by an asent are to be drawai is rosce pnor to the exact time set for recript of beds. '
accornpanied by evioence of his authonry unless such evidence has (c) The onh acceptable eviernre to estaoiish-been previousJy furmaned to the insumg edice. il) The date of mashne of a late bid, mod 6catmn, or withdrawal de) sent either bv registered or certshed mail is the U.$ Postal Service Unit pnce for each unit oMered shall be shown and such pnce i snau include packing uniess otherwise spec 6ed. A total shall be entered Postmark on both the envelope or wrapper and nn the original receipt ,
frombad, the the modi U.S. Postal 6 canon hervice.
or If neither postmark shows a lepble date, m the Amount coluran of the Schedule for each item c6ered. In case cf discrepancy between a unit pnce and extended pnee, the unit pnce withdrawal snal! be ocemed to have been will be presurned to be correct, subject, however, to correction to the maned late. (The term " postmark" means a pnnted. stamped, or other.
name entent and in the same manner as any other riustake. wise placed impression f enclusive of a pos:are meter machine impres-(d) OtYers for supplies or services other than those spec 46ed will not sion i that is readth ident:6able without further action as having been be considered unless authonned by the solicitatson. supphed and amned on the date of maihng bv empiovees of the U.S.
(e) Offeror must state a de6 nite time for delivery of supplies or Postal l Service. Derefore, o6erors should request the postal clerk to for performance of services unless otherwise speci6ed in the sohcatataon. P aca a band cancellatson bull's eye " postmark" on both the receipt and the envelope or wrapper.)
(f) Time, Sundays andifhohdays.
stated as a number of days, will include Saturdays, (2) The time of receipt at the Government metallation is the (g) Code boars are for Government use onh. time-date stamp of such installation on the bid wrapper or other documentary evidence of receipt maintained hv the installation,
- 3. EXPtANATION TO OFFERORS. Any explanation desired by an id) Notwithstanding (a) and (b) of this provision, a late rooda6 cderer regardirig the meaning or anterpretauon of the solicitation, cation of an otherwise successful bid which makes au terms more drawinst, speca6 cations, etc., raust be requested in writing and with favorable to the Government will be consioered at any time it is re-sudeaent tame allowed for a reply to reach uKerors before the sub- cerved and may be accepted.
mission of their o6ers. Oral explananons or instruction given before Note: The term "teleeram" includes mailerares.
the award of the contract will not be bmding. Anv information oven t* a prospective orleror concerning a solicitation will be furnished to . S. LATE PROPOSALS, MOOlFICATIONS OF PROPOSAL.S. AND all proepective o6erors as an aanendment of the solicitation, if such WITHDRAWALS OF PROPOSALS.
informanon is necessary to oderors in submitting oders on the scheita. (a) Any proposal received as the othee designated in the solicita-taon or if the lack of such information would be prejudscaal to un. tion after the caut time spectned for receipt will not be considend informed o6erors. unless it is received before award is made. and:
(1) It was sent by registered or certi6cd mail not later than the
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOUCf7ATIONS, 6fth calendar day pnor to the date specined for receipt of o6ers (e.g Receipt of an amendment to a scheitation bv an oKeror must be an o6er submitted in rc cur:n to a solicitation requiring receipt of acknowledged f a) by signing and returnmg the amendment, (b) on otters by the 20th of the month must have been mailed by the 15th or earher); ,
page three of Standard Forum 33, or (c) by letter or telegram. Such acknowledgument must be received prior to the hout and date speca6ed (21 It was sent by mail (or teleeram if authonred) and it is for receipt of oMers. determined by the Government that the late receipt was due solely
- 5. SU5 MISSION Ogr OFFERS. to mishandhng installation; or by the Government after receipt at the Government l l r
l (3) It is the only proposal received.
la) OMers and modi 6 cations thereof shalt be enclosed in sealed <
envelopes and addressed to the oSce specaned in the solicitation. The (b) Any modi 6 cation of a proposal. except a modi 6 cation resulting .
oferor shall show the hour and date speci6ed m the solicatation for from the Contracting 05cer's request for "best and 6 sal" o#er, as sub-receipt, the solicitation r. umber, and the name and address of the ject to the same conditions as in (a)(1) and (a)(2) of this provision. I oderer on the face of the envelope. (c) A modi 6 cation resultang from the Contractine OEcer's request for "best and 6nal" oRet received after the time and date spec 6ed in
{ the(b) Telegraphic oRers wit! not be considered unless authorised by solicitatiert; however, oders may be mod 6ed or withdrawn by the request will not be considered unless recerved before award and wntten er telegraphic notice, provided such notice is received pnor to the late receipt is due solelv to mishandling by the Government after receipt at the Government installataen.
the hout and date speci6ed for receipt (However, see paragraphs 7 and 8.) (d) The onin acceptable evidence to establish (c) Samples of iterms, when required, must be submitted within the (1) The date of mailing of a late proposal or modi 6 cation sent time specahed. and unless otherwwe speci6ed by the Government, at either by repsteren or certihed mail is the U S. Posta! Service pose.
no expense to the Government. If not destroved by testms, samples mark on both the envelope or wrapper and on the ononal receipt from i will be returned at oderor's request and twpense, unless otherwise the U.S Postal Service, if neither postmark shows a lerible date, the
' speca6ed by the sobcitataon. proposal or modi 6 canon shall be deemed to have been maiied late.
(The term postmark" means a pnnted, starnped. or otherwwe, placed
- 6. FAILURE TO SUBMIT OFFER. If no oser a. in be submitted, do impression (czclusive of a postage meter machme impressaon) that is not return the solicitanon unless otherwise spec 6ed. A letter or post. readiiv identifiabic without further action as havms been supplied and card shah be sent to the issumg omre advising whether future suhr. amned on the date of maihng bv employees of the U.S. Postal Service.
stanons for the type of supphes or services covered by this schcitauon Therefore, onerors should request the postal clerk to place a hand are desired. Failure of the recipient in oRer, ar tn notify the issuing cancellation or wrapper.) bull'6-eye " postmark" on botn the receipt and the envelope
( cTece that future sohcitatsons are desired. may result in remenal yi (2) The time of receipt at
} the name of such recipient from the mailint list for the type of supphes the Government installation is the i or services covered by the solscitauon. ome.date starnp of such installauon on the proposal wrapper og other I documentary evidence of receipt snaintained by the installatson.
i 33 SyAssOanO POWsis 3M enes. 3 7W Preacnsed W GSA, PPE (44 CFR) s.tt. spi 1
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(ei Notwithsianoing t41. (bl. and r c). of th's provision. a late 15-45 p. the Contract Wr ra Hours Scannaras Art i ao D $2 M.JJd1.
modaAcanon nf an nehrrwise successhal proposal =#uch makes its terms more favorable m the Government will he conndered at any ume it e and the Service C..ntract Act ni 19M i +1 U.S C. 61 1m m.av be .
..htamed inem the Department of I.4 hor. Washinetors. IM'. prlt u, ..e l received and es be accepted. frnen any regmnal ..Mre ..f that agency. Requeno l..r inte.ftnaunn sh..ui.6 '
(f) Propu..is m.. he wishetrawn by wniten or telegraphic notice include the eniisitauon numiser, the name anni addreas "I the issuine l received at any uni. pner to aware. Prnposals may be withdrawn in seency. and a deni nption af tne supolies ur services. I person by an offerne or his authonted representative, provided his
, idenuty is made kn..wn and he signs a receiot for the proposal pner 13. SELLER'S INVOICES. Invoices shall be prepared and submitted to award.
in quadruplicate (one copy shail be rnarked "onginal") unless oener.
Note: The term " telegram includes maalgrams, wise specmed. Invoices shall contain the following informauon: Con.
Note: The alternate late proposals mod Ecanons of propaeals and tract and order number (if any), item numbers, description of sucolies withdrawals of proposals provision prescribed by 4I CFR l-1.802-2(b) or services, sises. quanuties, unit pnces, and extended totals. 311 of saad be used in heia of provimon 8. il speci6ed by the contract. lading nummer and weient of saigment wdl be snown for sniements
[ 9. DISCOUNTS. ' " * *" '"'"'"'
! (as Netwohstandmg the f act that a blank is provided for a ten (10) 14. SMALL BUSINESS CONCIRN. A small business enacern for the
' day discount, pronapt paunent discounts orfered for payment within purpose of Govemment procurement is a concern. including its ar?lli.
less than twenty (20) calendar davs will not he censadered in evalu. ates, which is independently owned and operated, is not dommant in
- sting wfers for awarrt. unless otherwise ipeci6ed in the solicitation. the ield of operzuon in which it is submitting oders on Covernrnefit
- t
. Howe ~r. odered disc.iunes of less than 20 days wd! be taaeit if pav. contracts, and can further qualifv under the enteria concerning num.
ment is man within the disi.nunt penod even though not considered her of employees, average annual receipts. or other critena, as pre.
in the evaluauon of o#fers.
j 3
scribed by the Small Susmes: Admmiseration. (See Code of Federal (bp In connre uon with ans discount erfered. time wdl be computed Revalations. T*tle 13. Part 121. as amended. wnich contama setailed i' froen date of deliverv af the suppines to carrier wher* delivery and industry de6nitions and related procedures.1 aceptance are at point i,f orton, or from date of deuvery at desu.
nauon or ps.,rt of embarkauon when delivery and acceptance are at 15. CONTINGENT FEL If the oderor, by checking the appropnate
- ither of those points, or from the data corr ct invoice or voucher is boa provided therefor. has repnsented that he has emploved or ntained reccaved in the orSce specined by the Govemment, if the latter date a company or person (other than a full. time bona 6de employee wor's .
is later than date of dehrerv. Payment is deemed to be made for the ing solely for the oderor) to solicat or secure this contract, or that he purpose of earnmg the discount on the date of mailing of the Govern. has paid or agned to pay any fee, commosion. percentage, or brekenge i
ment check . fee to any company or person contingent upon or resulting from the i
- 10. AWARD OF CONTRACT. award of this contract. he shall furnish, in duplicate, a complete Stand.
ard Form 119, Contractor's Statement of Conungent or Other Fees If
' (a) The contract will be awar< led to that responsible ode.or whose oderor has previovely furnished a completed Standard Forri 119 to the
' oder conformine to the sohcitation wdl be most advantageous to the of5ce issuing this solicitation. he ma, accompany his nder with a signed Covernment, price and naher factors runsidsret statement (a) indicating when such completed form was previously (b) The Govemment reserves the ngne to reject any or all oders furnished, (b) identifying by number the previous .olicitation or con.
and to waive informahtws and ininor irregulariues in otters received- tract, if any, in connecuon with which such form was submitted, and (c) The Covemment mav accept anv tem or group of items of any (cl representing that the statement in such form is applicable to this oder unless the oderer qualides his offer bv toertAc limitauons U N. oder.
LESS OTHERWISE PROVIDED IN THE 3CHEDULE. OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16. PARENT COMPANY. A parent company for the purpose of this THOSE SPECIFIED, AND T}lF. COVERNMENT RESERVE 5 oder is a compan, which either owns or controls the activities and basic THE RIGHT TO MAKE AN AW ARD ON ANY ITEM FOR A business pohcies of the oderor To own anothcr companv means the UANTITY LESS THAN THE QUANTITY OFFERED AT THE parent coinpany must own at least a majontv a more than 50 percent)
- NIT PRICES OFFERED UNLEs5 THE OFFEROR SPECIFIES of the vonng rights in that company To control another company, such i
OTHERWISE IN HIS OFFER.
! , (di A wntien sward (or Acceptance i,f Oder) mailed for othrt. ownership is not required; if another company is able to formulate, wise furm.s hed) to the successful oderer within the tirne for acceptance determine, or veto basic business policy decmons of the oderer, suc.h
] , spec 2Aed in the oder shall ,be deeme<f to result in a binding contract other cornpany a considered the parent company of the oderor. Dia a without further action by either parn control may be esercised through the use of dominant trunonty voting The following paragraphs (e) thi.uch (h) apply only to negotiated nghu. use of proxy voting, contractual arrangemenu, or otherwise.
e) hhc Covernment may accept within the tm'e speoned therein. 17. EMPLOYER'S IDENTIFICATION NUMBER. ( Applicable only to I any oder (or part thereof, as provided in Ici above), whether or not advertised solicitations.) The oderer shallinsert in the apphcable space i on the oder form, if he has no parent coropany, his owvi Employer's there are negoustions subsequent to its receipt unless the oder is with, drawn by wntren nonne received by the Government pnor to award. Idenuncanon Number (E..I. No 1 (Federal Social Secunty Number If subsequent negotianons are conducted. thev shall not consutute a used on Employer s Q.arteriv Federal Tax Retum. U.S. Treasury rejection or counter oder on the part of the Government. Department Form 9411, or,if he has a parent company, the Employer's (f) The nght is reserved to accept other than the lowest oder and IdenuAcation Nuniber of his parent compaav.
to refect any or all oders.
(g) The Covernment may award a contract, based on inical oders 13. CERTIFICATION OF INDEPENDENT PRfCZ DETERMINATION.
received, without discusion of such oders. Accordingly, each ininal f a) Das cert Acauon on the orTer form is not applicaele to a foreign oder should be submitted on the most favorable terms from a price oderer submitting an oder for a contract wnich requires performance and technical wandpoint which the oderne can suomit to the Govem. a, dehverv autade the United States, its possessions. and Puerto Rico.
} ment.
(h) Any Anancial data submitted with ani oder hereunder or an' (b) An oder will not be canadered for award wnere f a t (I), f a)(3),
! representation concernant facdines or Anancing will not form a port or (b) of the cert:Acauon has been deleted or modined. Where (a)(2) of any resuiting contract; provided. however, that if the resulting con
- o( the cert:6 canon has been deleted or modined the orTer will not be considered for award unless the oderer furnience with the oder a sigtted
, tract contains a clause providing for price reducuun fut defecuve cost er pncing data, the contract pnce will be suoiect to reducuon if cost statement which sets forth in detail the circuenstances of the disclosure and the head of the agenev, or his designet, determines that such dis.
} or pnang data furmshed hereunder is incoenph. naccurate, or not closure was not reade for the purpc,se of resencung compeution.
- current.
- 11. GOVERNMENT.irURNISHED PROPERTY.
- e matenal labor, or 19. ORDER OF PRECEDENCE in the event of an inconsutency be.
facihues will be furnished be the Govemmene unless otherwise pro. tween provimons of the sohcitation, the inconsistency shall be resolved vided for in the solicitation, by giving precedence in the following ordert tal the 56hedule; (b)
Solicitanon Instrucuans and Condicons; fel General Provisions: (d)
- 12. LASOR INFORMATION. Cencral infonnauon regarding the re. other provisions of the contract, whether incorporated by reference et querements of the Walsh.Healey Puche Contracts Act (+l U.S.C. otherwise; and (e) the spec 6catioos.
37Assoaso roens Sha sesa clase. l.7m e u s. ee.w s eo. esso-ese-sesiaees
- 4
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89e 8 PART II - -
SOLICITATION INSTRUCTIONS AND CONDITIONS (Continued)
Note the following substitutions of the paragraphs listed in the SF-33A.
Paragraph 10 (a) on page 2 of the SF-33A is hereby deleted. Paragraph No.
19 on page 2 of the SF 33A is hereby deleted in its entirety.
i TYPE OF CONTRACT
- 1. It is contemolated that a Fixed Price Requirements contract will be awarded; however, the Government reserves tne right to negotiate and awarc ~,
wnatever type contract is determined to be most appropriate. In adoi-tion to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected ,
offeror's organi:ation and type contract awarded. Any additional clauses 1
-required by Public Law, Executive Order, or procurement regulations in l effect at the tire of execution of the proposed contract will be included, j 2, PERICO OF PERFORMANCE / SCHEDULE l
^
The Government estimates that the work hereunder including preparation l and suomission of the final report, shall be completed within years 12 months .
- 3. ACCEPTANCE PERIOD Because of the time required by the Government to evaluate proposals adequately, offerors are requested to specify a proposal acceptance period of not less than 90 days.
- 4. ANTICIPATED AWARD DATE
- It is anticioated that an award under this solicitation shall be made by November 1981. ,
- 5. COST OF PROPOSAL PREPARATION This solicitation does not commit the Government to pay any cost for the preparation and submission of a proposal or for necessary studies
- or designs for the preparation thereof; or to procure or contract for ,
the articles or services shown under Part III herein.
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- 6. INDIVIOUAl.(S) AUTHORIZED TO NEGOTIATE 4 The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Sumary and Data Sheet" (see Part IV, Attachment No. 4) which is to be suhnitted with each proposal .
Offerors are cautioned that the person signing the proposal must have the authority to comit the offeror.
). PROPOSAL
SUMMARY
AND DATA SHEET (See Part IV, Attachment No. 4)
'l,.
A completed " Proposal Sumary and Data Sheet" shall be submitted with j each copy of the proposal.
' ?;
- j. 8. RFP IDENTIFICATION l
4 Mailing envelopes should be marked with the RFP number, the RFP closing j date, and the notation: "00 NOT OPEN IN MAIL ROOM." Also, include the RFP number in your cover letter and on each page of your prooosal.
1,
- 9. AWARD NOTIFICATIO_t!
All offerors will be notified of their selection or nonselection as soon as possible. Formal notification of nonselection will not be made
.j until a contract has been awarded.
i i It is also brought to your attention that the Contracting Officer is
- [' the only individual who can legally comit the Government (i.e. the NRC) to expenditure of public funds in connection with this procure-I ment. This means that unless provided in a contract document or t specifically authorizec by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, comit, or obligate the NRC contractually.
Informal contractual comitments include such actions as:
, - a. encouraging a potential contractor to incur costs prior to
'l I receiving a contract,
- i
'. b. requesting or requiring a contractor to make changes under a contract without formal contract modifications,
- c. encouraging a contractor to incur costs under a cost-reimbursable
' contract in excess of those costs contractually allowable, and 1
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- d. committing the Government to a course of action with regard to a potential contract, contract enange, claim, or dispute.
tr,. DISPOSITION OF PROPOSALS '
' ~
After award of contract, two (2) copies of each unsuccessful proposal will be retained by NRC's Division of Contracts and unless return of
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- . proposals is, requested by the offerer upon submission of proposal, all other copieswill be> destroyed. This notification should appear in any i-
<f cover, letter accorpanyigg tne proposal.
. 11. OTICE'0FPROP3IETARYIdFORMATION s
~
4
- a. Notice of Proprietary Information - Offerors are advisec that '
_ those portions of the Preposal which are consicered to be procri- '
wetary shall be so identi'ied. In the event the offeror fails to indicate on the title pab and each sheet of .7e croposal what portions of the proposal are proprietary, the NPC assumes no liability for disclosure or un of unmarked technical data and may use or disclose such data for any purpose. The clause set forth in
. paragraphs b. and c. , below . should be utilized by the offeror in marking his proposal. ,
' - ~
- b. Use and Disclosure of Data - Freedom of Information Act Requests
. "This data shall not be disclosed cutside the Government and shall not be duplicated, used, or discloseo in whole or in part for any purpose other nan to evaluate the prooosal; provided' that if a cot! tract is awarded to this offeror as a result of or in connection with'ti.e.. submission of this data, the Government shall have the right. to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the Governmentt s right to use infonnation contained in the data if it is obtaindble from another source without restriction.
The data subject to this restriction is contained in sheets
. Our failure to mark'the proposal with a legend or otnerwise identify and.. restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that,the contents of the Technical Proposal may be released, disseminated, or otherwise. disclosed by the NRC
. pursuant to a Freeaom of' Information Act request."
. - .~ .
- c. Moreover, each sheet for which the offeror desires to restrict disclosure shall .be marked with the following legend:
"Use or disclosure of proposal data is subject to the
_ restriction on the title page of this proposal. I claim tnat infonnation contained herein is proprietary and shall nct be disclosed by the NRC in accordance with Exemption' 4 of the Freedom of Infonnation Act."
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- ) 12. - PROPOSAL PRESENTATION AND FORMAT
- a.
- Proposals. will be typewritten or reproduced en letter-si
- e paper and will be legible in all required copies. Unnecessarily elab-i orate brochures or otner presentations beycnd that sufficient to
- j. present a complete and effective proposal are not cesired and may 1 be construed as an indication of the offeror's lack of cost con-j sciousness. Elaborate art works, expensive paper and binding, Q expensive visual and other presentation aids are neither necessary nor desired. -Legibility, clarity, and comoleteness are important.
d.
.d b. Proposals in resconse to this Recuest for Procosal shall be sub-
] mitted in the following three (3) separate ano distinct parts:
(1) One (1) original signed copy of this solicitation package.
{ All appilcaole sections must be completed by the offeror, o
d' (2) One (1) original and four (4) copies of the " Cost Procosal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Manacerrent Recuire-
- ments."
f (3) One (1) original and four (4) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical procesal Content."
Each of the parts shall be separate and complete in itself so that
[ evaluation of one may be accomplished independently of evaluation j
of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offeror.
)n _
M NOTE:
9 If your records are currently under audit. cognizance of a 1
Government audit agency, the address and telephone number of that j office should be furnished on the " Proposal Sumary and Data Sheet."
One (1) copy of the solicitation package, Technical Proposal, and j: Cost Proposal shall be submitted by the offeror to the cognizant audit agency concurrent with the submittal of the proposal to the NRC.
.1 m
- 13. BUSINESS MANAGEMENT REQUIREMENTS 1
]
d
- a. Cost Proposal 1 s
j The offeror should utilize the Optional Form 60 Contract Pricing i
Proposal (Research and Development), in submitting the Cost
.jf Proposal. Offerors may, however, submit the necessary information i in a different format where the offeror's accounting system makes use of the fann impractical, or when required for a more effective and efficient presentation of cost information. In either instance, i
the information furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.
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Page 12 Cost will be evaluated on reasonableness. validity, and reli-ability.
The " Cost Prcposal" must incluce, but is not limited to, tne following:
Material - A detailed listing of items including the quantity,
., basis of cost estimate, unit cost and sources of Cost. ,
Labor - The basis for the es*imated hours broken oown oy ;
category and task, and the source of labor rates. .
Level of effort cata shall be expressed in man-hours.
Indirect Cost - The source and basis of determination of all indirect costs.
Travel - The breakoown of all travel by trips, segregating all transportation and per diem costs. Copy of the official Government approval of the offeror's travel policy, if granted, or in lieu thereof, a copy of the offeror's travel policy.
NOTE: In the absence of a Government approved contractor travel policy, the prevailing Federal Travel Regulation rates and the clause entitled,
" Travel Reimbursement" in Part III shall apply.
Other - The offeror's fiscal accounting period (Fiscal Year) and the name, adoress, and the telepnone number of the offeror's cogni: ant Government audit agency,
- b. Management The management aspects shall include, but not be limited to, the
- following and any data pertinent thereto:
(1) Proje:t scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within the performance period and without program slippage.
(2) Management organi:ational structure delineating areas of respon-sibility and authority under the proposed effort. Describe the '
relationship of the project organization to corporate management and to subcontractors, if any. Discuss the functions and author-ities of the project manager.
(3) Procedures to periodically review in-house organizational func-tions, program reviews and controls and subregt.ent coordination with the NRC.
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Page 13 (4) Management controls expected to be utilized to preclude a con- ;
tract cost growth,
- c. Manoower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror. If any of the
-! personnel are under comitment, describe the tenns of the comit-met (s). flote specifically the personnel that will be on board a suoject to a contract award. -
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'; d. Consultants q
i Explain the need for consultant services. List proposed consultants if known by name. For each list snow (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Government.
- e. Subcontractors If the offerer plans to subcontract any of the work to be performed, list proposed subcontractors if known by name. Provide a detailed breakdown of specific work to be subcontracted and the approximate i cost involved.
I
{ f. Labor Surolus Area Program Recuirements
,l In keeping with the Federal Labor Surplus Area pregram, the offeror I
is required to provide information on the general economic conditions
! of the area in which subcontractors are located, exact location of sub-
.l contractors (state, city, county), and the unemployment rate for the area, if known.
- g. Additional Facilities or Procerty a
,j in the event the offeror contemplates acquiring additional facilities
't or property in the perfonnance of this work, such facilities or prop-l erty shall be separately identified.
'f 1 h. Other Contractual Comitments The offeror shall list any comitments with other organizations, i Govemmental or private, and indicate whether these comitments l1 will or will not interfere with the comoletion of work and services t
contempiated under this proposal.
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- 14. TECHNICAL PROPOSAL CONTENT The Technical Proposal shall not contain any reference to cost. Resource inforration such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc. , shall be included in the Tech-nical Proposal so that the offeror's understanding of the scope of work may '
be evaluated.
The offeror shall submit with the Technical Proposal full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have .
t reasonable likelihood of meeting the requirements and objectives of this procurement in accordance with the evaluatir,n criteria set forth in this Part II under the paragraph entitled, " Evaluation of Proposals."
Statements wnich paraphrase the scope of work without connunicating the specific innovation proposed by the offeror or statements to the effect that the offeror's understanding can or will comply with the scope of work may be construed as an indication of the offeror's lack of understanding of the scope of work and objectives.
The Technical Proposal shall set forth as a minimum the following:
- a. Discussion of the scope of work requirements to substantiate tne offeror's understanding of the. problem and his proposed method of approach to meet the objective.
- b. Discussion of the offeror's experience in the analysis of regulatory systems (nuclear and otherwise). Include the contract numbers and
- Government points of contact. .
- c. Include resumes for all professional personnel to be utilized in the performance of any resulting contract. Include educational background, specific pertinent work experience and a list of any pertinent publica-tions authored by the individual.
- d. Discuss support personnel and facilities available to assist the profes-sional personnel. .
- e. Indicate potential problem areas and the approach to be taken to resolve said areas.
- f. P ovide a detailed description of the schedule for work and toentify significant milestones and completion dates for various subparts.
- g. Identify the " Key Personnel," and for the person (s) so identified, specify the percentage of time currer.tly connitted to other projects over the course of the proposed contract period of performance.
- h. Statements of any interpretations, requirements, or assumptions made by the offeror.
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-15. EVALUATI0ft OF PROPOSALS The following evaluation criteria, with assigned eval.uation weightings and listed in descending order of precedence, will be considered by the flRC in-the evaluation of y.gur p.coposal:
- 15.1 EXPERIEi!CE 62 Points A. Experience of Contractor Personnel to be Assigned to this Project:
- 1. Demonstrated Career Counseling Capabilities and Experiences (32 Points)
K
- experience in working with individuals on a 20 "one to one" basis as opposed to working with j
individuals in group sessions the proposed effort will not involve group s(essions)
- - working knculedge and experience with federal 12 employees i;
- 1, . 2. Qualifications
!- (20 Points)
- educational background - general 10
- educational back' ground - career counseling 10 B. Experience of the Firm
- 1. Work Experience of the firm in the field of career counseling (10 Points) 4 15.2 TECH?lICAL ' ~
- 30 Points A. Completeness and Adequacy of Techntcal Proposal and Approach 20 B. Understanding of the Wor-k Statement 5 C. Knowledge of !!RC's Organizational Structure
] and Overall Mission 5
.I- 15.3 MAtlAGEMElli 10 Points
- l. A. Project Scheduling, Planning and Structure 10 15.4 COU:ISELIflG FACILITIES-8 Points A. Facilities Apprcpriate for Conducting ~
Cou,nseling Sessions 8
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Page 16 15.5 OTHER CONSIDERATIONS By use of numerical and narrative scoring techniques, proposals will be subjectively evaluated against the evaluation factors specified above. Award will be made to that offeror whose pro-posal is technically acceptable and whose technical / cost re-lationship is the most advantageous to the Government. The degree of importance of cest will increase with the degree of equality of proposals in relation to the above factors on which selection is to be based. Cost will be evaluated on the basis of reasonablenass, validity and reliability. The award may not necessarily be made to that offeror submitting the lowest cost. Likewise, award will not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work.
- 16. EVALUATION OF OPTIONS (a) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic.
requirement. Evaluation of options will not obligate the Government to exercise the option (s).
(b) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option (s). An offer is unbalanced when it is based on prices significantly less than cost for some work and prices are significantly overstated for other work.
- 17. PRIVACY ACT NOTIFICATION This procurement action does require the Contractor to operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act nf 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a). Specifically the Contractor must maintain training records as to individuals counseled and the number of completed sessions for each individua.. 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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- 18. NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE I A. General: Bids or proposals under this procurement are solicited
. . only from (1) small business concerns; and (2) eligible organizations for the handicapped and handicapped individuals under the Small Business Act. The procurement is to be awarded only to one or more such concerns, organizations or individuals.
This action is based on a determination by the Contracting Officer, alone or in conjunction with a representative of the Small Business Administration, that it is in the interest of maintaining or mobilizing the Nation's full productive capacity, or in the interest of assuring that a fair proportion of Government procurement is placed with small business concerns, or in the interest of assisting eligible organizations for the 1f handicapped and handicapped individuals. Bids or croposals received from others will be considered nonresponsive 1 Definitions: The term "small business concern" means a concern, B.
including its affiliates, which is independently owned and operated,
- is not dominant in the field of operation in which it is bidding on Government contracts, and can further qualify under the criteria set forth in the regulations of the Small Business Administration
! (13CFR121.3-8). In addition to meeting these criteria, a l manufacturer or a regular dealer submitting bids or proposals L in his own name must agree to furnish the performances of the
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contract end items manufactured or produced in the United States, its territories and possessions, Commonwealth of Puerto Rico, l- the Trust Territory of the Pacific Islands, and the District of Columbia, by small business concerns: provided, that this additional requirement does not apply in connection with con- -
,f' struction or service contracts.
l 19. SIZE, STANDARD AND PRODUCT CLASSIFICATION 1 It has been determined that the material described herein is classified
- i under the Standard Industrial Classification Manual as No. 7392, a concern whose average annual receipts for its preceding three (3) fiscal years do not exceed $2 million, is considered as a small
- business concern.
- 20. AVAILABILITY OF FUNDS Funds are not presently available for this procurement. The Government's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract can be made.
No legal liability on the part of the Government for payment of any money
>- shall arise unless and until funds are made available to the Contracting
' Officer for this procurement and notice of such availability, to be con-
'4 finned in writing by the Contracting Officer, is given to the Contractor.
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1 Page 18 PART III THE CONTRACT SCHEDULE ARTICLE I - SUPPLIES / SERVICES AND PRICES Item No. Supplies / Services 1 Basic Contract: Contractor shall furnish qualified personnel, materials and services necessary to provide career counseling for a minimum of one hundred (100) voluntary participants from - '
'e NRC for a twelve month period.
Estimated Unit Quantity Unit Price Amount l 1A. Initial one-hour sessions 100 EA. $ $
1B. Subsequent one-hour sessions 300 EA. $ $
Option year 1: Continuation I
- 2. '
of Services for a twelve month ,
period.
2A. Initial one-hour sessions 100 EA. $ $
- 28. Subsequent one-hour sessions 300 EA. $ $
- 3. Option year 2: Continuation of service: for a twelve month period.
3A. Initial one-hours sessions 100 EA. $ $
3B. Subsequent one-hour sessior.s 300 EA. S $
- 4. Contractor to furnish private office space to conduct counseling sessions at a location proximate to the NRC employee's work sites ;
in the central Bethesda, MD area during the following times:
Estimated Unit Quantity Unit FrTee Amount -
4A. Basic contract period 12 Months $ $
4B. Option year 1 contract period (If option is exercised) 12 Months S $
4C. Option year 2 contract period (If cption is exercised) 12 Months $ $
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-j Notes:
U l. The estimated number of one-hour counseling sessions reflected in items, 1, 2 and 3 above, are the minimum number of hours for services to be
< provided hereunder. The contractor shall furnish such stated d minimums, and, if ordered, any additional quantities, not to exceed pj 500 one-hour sessions, at the fixed rates set forth herein.
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[j 2. Item 4 - a " proximate" location is defined as within a 15-minute walk of the intersection of Wisconsin Avenue and East-West Highway, fi 3. NRC reserves the right to furnish telephone and office facilities for
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the contractor to conduct the individual counseling sessions with NRC personnel.
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Page 20 PART III CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK
.1 The contractor shall provide career counseling for a minimum of one .
hundred (100) NRC voluntary participants; additional NRC voluntary participants may be counseled at the Government's option up to the maximum number of hours (500) authorized. 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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.l.1 The Contractor shall offer an appropriate Interest Inventory Test or ecner career counseling methodology or instruments to each voluntary participant and shall discuss the results with these participants as an integral part of the counseling.
. 1. 2 The Contractor will prepare an evaluation form which will elicit from each voluntary participant a rating of the quality of counseling received in respect to the objectives of paragraph 1.3 below. Such evaluation shall maintain the anonymity of eacn participant and it shall provide tne statistical basis for the rep:rting recuirements of paracraphs 1.4 and 1.5. .
.l.3 The objectives of the counseling shall be as follows:
Provide each voluntary participant with:
(a) an increased awareness of skills, interests and aptitude; and (b) clarification of values and priorities.
(c) Goal setting abilities both short and long term -
(d) An understanding of cbstacles;to. career planning (e) An understanding of th{, process of career decision making.
4 On a quarterly basis, the Contractor shall provide the NRC with the '
following: (1) names of all voluntary participants ccunseled, '
(2) the number and dates of all counseling sessions completed, and ['
(3) brief discussicn of session results. No individual identification '
of participants to particular results will be previded in these reports, y 5 The Contractor shall provide cral presentatiens and written reports to the lGC at the cidpoint and at the end of the contract.
The oral preser.tatiens and recorts shall be based en the number of sessiens, the number of voluntary participants counseled, and the results of the evaluatiens re uired in paragraph 1.2 which have been re:eived to date.
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- l Page 21 -
2 GO'.*ERN**E';T FURNISHED FROFERTY AND t'ATERIALS i
U:en executien of this centract, the fellcwing pre;erty and caterials will be furnished cy :ne NFC for use in perforcance of this centract:
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(a) Lists of indivicuals with telsch:ne numbers, office iccations
- and cther itens necessary tc icca
- e individuais to arrange
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appointments for counseling. These lists should only ~ce used j by the Centractor as a ce:hed of locating and arranging for o sessions with voluntary participants and as a cethed of
- acccunting for individual utili:ation of the counseling services. These lists will be returned to the NRC upon the d ccepletion of the contract.
J (b) The Government reserves the right to provide a government telephone and NRC office space, as needed, for conducting support and liaison for Regional Offices (as described
. below).
1 I 3 SUFFORT FOR REGIONAL OFFICES 3.1 It is expected that career counselorr, uncer separate, individual contracts with the NRC, will be prov':ing services to the five (5)
Regional Offices. In the event this organizational-contractual arrangement is not fully in place, or there arises the necessity to reolace a regional career counselor for some reason, the offeror will:
(a) Provide consulting services to NRC to identify at least three (3) cualified Career Counselors in close proximity to each of the five (5) Regional Offices, should a Regional career counselor vacancy occur. .
(L) Provide consultive services to NRC in evaluating the background education, experience and other qualifications for use by NRC in selecting the appropriate counselor through separate j
competitive processes.
J 4 (c) Implement a program to be furnished, if needed, cceplete with appropria e i cocumentation to orient and train the ccunselors selected for each Regicn in the NRC Career.CounJeling program, and the cetheds and procedures necessary to ensure censistency throughout the .
Agency.
1 i 3.2 Task 3.1(c) will be conducted at the Contrac cr's premises unless I otherwise authori:ed by the NRC(MDTS).
3.3 Provide liaisen between NRC (MDTS) and selected Regicnal career ccentelers: integrate statistical data provided frc: Regional counselcrs into rescrts to MDT5; provide Regicnal career counselors with updated information as- needed; provide MDT5 witn analysis anc re::::endations regardin; consistency cf re;icnal c unseling witr that creviced for Head:uarters er:1 yees, including an evaluati:n Of the effe::iveness :f Re;ienai c:unssiers.
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3.4. Should the services indicated in the preceding paragraphs become necessary during the term of the contract, the cost of such services shall be the subject of negotiations between NRC and the contractor.
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ARTICLE III - PERIOD OF PERFORMANCE L
- 1. -r4 riri:: cf ;ericrmar.:e .;nder :ni! c:: ra:: sr.all ce fcr a reric: ,
cf : .sive (12) rcn r.s frcr a..ard of cer. rac .
= OFT:N: TO D:TE:C 7:-:E FERICO OF FERF0F"A*CE l}
4
- 2. This contrac: r.av be extended two times each for a ceriod of one year, at tne option of the Government, ry the Contracting U;Ticer i giving written notice of the Government's exercise of such cp:icn ~;
to the Contractor not later than the last day of the term of tne centract. 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 options, the total duration of this contract, including the exercise of any option under this clause, shall not exceed three (3) years. -
ARTICLE IV - DELIVERIES ,
. i 1 The quarterly reports specified in Article II, paragraph 1.4 fi (total of 4 quarterly reports) shall be delivered to the COAR at h the end of each quarter of the contract period. .
j.
.2 The two (2) verbal presentations and written reports specified in i Article II, paragraph 1.5 shall be delivered at mid-point and at {
the end of each one-year contract period. (It should be no.ed that '
the second and fourth quarterly reports and the mid-point and end reports equal only two reports). .
- 3. PLACE OF DELIVERY The articles to be furnished hereunder shall be delivered to the Contracting Officer's Authorized Representative (to be designated after award of cor. tract), Nuclear Regulatory Commission, Washington, DC 20555.
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9 Page 23 ARTICLE V - Inspection and Acceptance
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- 1. Inspection and acceptance of the services to be furnished hereunder shall be made at destination by the Contracting Officer's authorized representative.
ARTICLE VI - PAYMENT
- A. In the absence of a discount, the contractor shall be paid upon the l
1 submission of a proper and correct invoice or voucher in approximately
thirty (30) days after submission or date of delivery, whichever is j
later, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted (Article I), as herein provided.
B.
If this contract provides for a discount, the contractor shall indicate the contract's discount terms (Block 16 of page 1) on the face page of the invoice or voucher.
C.
Additional provisions relating to payment are contained in Clause 5.1-1 of the General Provisions.
D. The firm fixed price amount of this contract for the deliver acceptance of the supplies herein stipulated (see Article I)y is and ti' S
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Page 24 L
i ARTICLE VII PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INF ~
A.
Except as specifically authorized by this contract, or as otherwise approved :
oy the Contracting Officer, records or other infomation, cocuments and material furnished by tne Comission to the contractor in the performaryce of this contract, or infomation developed by the contractor in the course of the work hereuncer, snall be used only in connection with the work perfomed under this contract. The contractor shall, uoan completion or temination of this contract, transmit to the Comission all records or other information,
- documents and material, and any copies tnereof, furnished by the Commission to the contractor or develooed by the centractor in the perfomance of this C
- n t ra C*. .
B.
The contractor shall be resconsible for safeguarding from unauthorized dis- '
closure any information or otner documents and material exerrot from ouolic L tisclcsure by tne Commission's regulations and made available to ne con- o tractor in connection with tne perfomance of work under this contract. The i contractor agrees to confor= to all regulations, recuirements, anc cirections of tne Cormiission with resoect to such material. ['p C. i-The contractor's duties uncer this clause shall not be construeo to limit !
or af'ect in any way the contractor's obligation to confom to all security L regulations anc requirements of the Comission pertaining to classified infomation and material. ,
ARTICLE VIII - KEY PERSONNEL Pursuant to tnis ARTICLE (Key Personnel), the following indiviouals'are considerec to be essential to the successful performance of tne work nereunder and shall not be rep! aced without the prior approval of the Contracting Officer. In such event, the centractor agrees to substitute persons possessing substantially equal abilities e and qualifications satisfactory to the Contracting Officer. '
I-ARTICLE IX - TECHNICAL DIRECTION b
f A. Performance of the work under this contract shall be subject to the tech- t-nical direction of the NRC Project Officer named in ARTICLE y this contract. The tem " Technical Direction" is defined to of include the b following: pp
- 1. Technical direction to the contractor wnicn shifts work emphasis
[ni.
between areas of work or tasks, requires pursuit of certain lines of F inquiry, fills in details or otherwise serves to accomplisn the con- b tractual scope of work. r1
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- 2. Providing assistance to the contractor in the preparation of drawings, '
specifications or technical portions of the work cescription.
- 3. Review and where required by the contract, approval of technical reports, drawings, soecifications and technical information to De '
delivered by the contractcr to the Goverra,ent unoer the contract.
'To be incorporated into any resultant contract.
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- 8. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
- 1. Constitutes an assignment of additional work outside the general scope of the contract.
- 2. Constitutes a change as defined in the clause of the General Provisions, enti tled " Changes."
- 3. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for 1 .
contract performance.
.j 4. Changes any of the expressed terms, conditions or specifications of j the contract.
C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRirING SY THE PROJECT OFFICER OR SHALL BE CONF:RMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.
The contractor shall proceed prcmptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the contractor, any instruction or direction issued
" by the Project Officer is within one of the categories as defined in B(1) through (4) above, the contractor shall not proceed but shall notify the
' Contracting 0'fficer in writing within five (5) working days after the receipt of any such instruction o'r direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate cont-act modification or advise the contractor in writing that, ir the Contracting Officer's opinion, the technical direction is within the scope of t11s article and does not constitute a change under the Changes Clause.
D.
I Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the consractor's performance, and may even result in the contractor expending funds for unallowable costs under the contract.
E. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
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Page 26 ARTICLE X . PROJECT OFFICER Peter J. Goldman is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to acorove or recuest any action which results in or could result in an increase in contract cost; or terminate, settle any claim or discute arising unoer the contract; or issue any unilateral oirective wnatever.
The Project Officer is responsible for: (1) monitoring the contractor's technical ;
progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirerents; (2) interpreting the scope of ,
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work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs recuested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for supplies, services required under tne contract. The Contracting Officer is responsible for directing or negotiating any changes in tenms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the contractor to be valid, it must:
(1) be consistent with tne description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
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. 8 Page 27 ARTICLEX I - CONFLICT OF INTEREST (a) Purpose.
that the contractor:The primary purpose of this article is to aid in ensuring (1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties
- by virtue of its performance of this contract.
=i (b) Scope.
j The restrictions described herein shall apply to performance
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activities coveredthe or participation by by contractor this article.as defined in 41 CFR 320-1.5402(f) in the l (c) Work for others. Notwithstanding any other provision of this contract.
during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this article.
, If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officar prior to execution of such contractual arrangement.
~i (d) Disclosure after award.
- (1) The contractor warrants that to the best of its knowledge and
- belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
i (2) The contractor agrees that if after aware it oiscovers organiza-tional conflicts of interest with respect to this contract, it )
shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description t of the action which the contractor has taken or proposes to take !
to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems sucn termina- j tion to be in the best,interes'ts of the government. '
(e) Access to and use of information.
(1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been
l Page 28 released to the public, the contractor agrees not to: (i) use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, wnichever is first.
(iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation to the public, or (iv) release the information without p prior written approval by the Contracting Officer unless such !
information has previously been released to the public by the NRC.
(2) In addition, 'the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the
- Privacy Act of 1974 (Pub. L.93-579), or other confidential or I' privileged technical, business, or financial information under '
this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provi- ,
sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require- i ments of this contract have been met. t (f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h). the !
contractor shall include this article, including this paragraph, in subcontracts '
of any tier. The terms " contract," " contractor," and " Contracting Officer,"
snall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions.or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and ,_
pursue other remedies as may, be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in $20-1.5411.
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- Page 29 ARTICLE XIII - GENERAL PROVISIONS This contract is subject to the Fixed Price Supply Contract General Provisions, dated 2/15/78, which incorporates the Standard Form 32 (Rev. 4/75) General Provisions and FPR Changes and Addition's to' Standard Form 32 General Provisions (6/76), attached hereto and made a part hereof by this reference.
FPR Changes and NRC Additions to Standard Form 32 General Provisions attached hereto and forming a part of this contract, is further modified as follows:
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.
2)
Clause No. 32 entitled " Minority Business Enterprises Subcontracting Program" is deleted in its entirety.
3)
Clause No. 33 entitled " Preference for U. S. Flag Air Carriers" is deleted in its entirety.
4)
Clause No. 12 entitled " Disputes" is deleted in its entirety and substituted with the attached Clause No. 45 entitled " Disputes".
- 5) Clause No. 46 entitled " Utilization of Women-Owned Business Concerns (Ov
$10,000.00)" is added.
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ART!CLE XIf - CONTRACT ADMINXSTRATION DATA ,
Page 30 A. Authorized Representative The Contracting Officer may designate one or more authorized representatives under this contract for the purpose of assuring that the supplies required under the contract are delivered in accordance therewith. Such representa-tives as may be appointed will be specifically designated in writing by the Contracting Officer. - e S. Billing Instructions General. The contractor shall submit vouchers or invoices after acceptance of the system, as prescribed herein.
Fo rm . Claims'shall be submitted on the payee's letterhead, invoice or on the Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Per:onal," and Standard Form 1035 "Public Voucher for j Purchases Other Than Personal -- Continuatior Sheet." These forms are '
available from the Government Printing Office, 710 North Capitol Strees, ;,
Washington, D. C. 20301. t
!! umber of Cocies and Mailing Address. An criginal and six copies shall ;
be submitted to URC offices identified below. ~
Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typeuriter (without strikeovers) and corrections or erasures cust be initialed. It must include the following:
(a) Payor's name and address. (i) Address the original voucher (with 4 copies) to: U. S. Muclear Regulatory Commission, Division of Accounting, Office of the Controller, ATTH: G07/CC" Accounts Sections, ,
Washington; D. C. ._0555._(ii)_
2 Address 2.c.opies to: U. S. Nuclear __ ,
Regulatory Commission, ATTN: E. L. Halman, Director, Division of Contracts, Washington, D. C. 20555. (iii) The original cooy h' of t the voucher should indicate that (2) copies have been forwarded to the Contracting Officer.
s c (b) Voucher number.
y (c) Date of voucher.
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(d) Contract number and date. 6 (e) Payee s name and address. (Show the name of the contractor and its hJ 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.
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, Page 31 (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 INV0 ICE" Currency. Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U. S. dollar equivalent for all invoices-paid under the contract may not exceed the total U. S. dollars authorized
_ in the contract.
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PART IV
. LIST OF ATTACHMENTS I: .
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NRC Contractor Organizational :1 Conlicts of Interest (41 CFR Part 20) Attachment I h NRC Organization Chart I Attachment 2 Optional Form 60 Attachment 3 (,.
1-Proposal Summary and Data Sheet Attachment 4 General Provisions Attachment 5 f[:
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NRC Manual Chapter 3202 Attachment 6 :
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' Attachment 1 PART 20-1 -- GENERAL ,
Subpart 20-1.ii4--Contractor' Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy. '
20-1.5402 Defini tions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. .
20-1.5404 Representation. -
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award..
. 20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 ' Waiver. -
20-1.5412 Remedies.
AUTHORITY: Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (NRC)(a) It is the to avoid, policy of eliminate orthe U.S. Nuclear neutralize Regulatory contractor Ccmission organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall oublic interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart aoplies to contractors and offerers only. Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not '
covered by this regulation. This rule does noc apply to the acquisition of consulting services through the personnel appointment crocess, NR~
~- _ _ . . . _ _ . .
7590-01 agreements with other government agencies, international o' rganizations.
or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
120-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or ,
Planned interests related to the work to be perfomed under an NRC !l contract which: (1) May diminish its capacity to give impartial, technically i sound, objective assistance and advice or ma otherwise result in a -
biased work product, or (2) may result in its being given an unfair .
,f competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the fonnulation or administration of its programs, projects, or policies which nonnally i require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or
, statements of work. .
(e") " Contract" means any contract, agreement, or other arrangement ;
with the NRC except as provided in Section 20-1.5401(c). L e
(f) " Contractor" means any person, fim, unincorporated association, ;-
joint venture, co-spongor, partnership, corporation, affiliates thereof, ~
or their successors in interest, including their chief executives, i.
directors, key personnel (identified in the contract), proposed consultants E or subcontractors, which is a party to a contract with the NRC.
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(g) " Affiliates" means business concerns which are affiliates of F each other when either directly or indirectly one concern or individual ~
controls or has the power to control another, or when a third party ;[
controls or has the power to control both (41 CFR 51-1.606-1(e)). !
(h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC e; 't subcontracts for '
supplies and subcontracts in amounts of S10,0? sr less.
(1) " Prospective contractor" or " offeror" means any person, firm, -
unincorporated association, joint venture, cartnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to .
obtain a contract. -
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(j) " Potential conflict of interest" means that a factual situation !
exists that suggests (indicates) that an actual conflict of interest may '
arise from award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
520-1.5403 Criteria for recognizing contractor organizational 1
conflicts of interest i (a) General. Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of cennon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for. avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC l personnel will pay particular attention to proposed contractual requirements t which call for the rendering of advice, consultation or evaluation :
activities, or similar activities that lay direct groundwork for the .
NRC's decisions on regulatory activities, future procurements, and I research programs.
(b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offerer or contractor shall disclose ,
1 information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to i any organization regulated by the NRC. -
(iii) Where the offerer or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their deveicament or i marketing.
(iv) Where the award of a contract would otherwise result in ;
placing the offeror or contractor in a conflicting role in which its i judgment may be biased in relation to its work for the NRC or may otherwise ;
result in an unfair competitive advantage for the offeror or contractor. '
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7590-01 (2) The contracting officer may request specific infonnation from ,
an offeror or contractor or may require special contract provisions such as provided in 120-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares -specifications which
are to.be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific m approaches or methodologies that are to be 11corporated into competitive P procurements using such approaches or methouologies.
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r-(iii) Where the offeror or contractor is granted access to information ;
not available to the public concerning NRC plans, policies, or programs in which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment is may be biased in relation to its work for the NRC or may otherwise i result in an unfair competitive advantage for the offeror or contractor. 4
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(c) Policy application guidance. The following examples are [T illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example. [
The XYZ Corp., in response to a requen for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the i RFP. The XYZ Corp. is one of several companies considered to be technically ;
well qualified. . In response to the inquiry in the RFP, the XYZ Corp. 7 advises that it is currently performing similar analyses for the reactor f
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- :facturer. ;
Guidance. An NRC contract for that particular work normally would .[
not be awarded to the XYZ Corp. because it would be placed in a position in in which its judgment could be biased in relationship to its work for I~'
NRC. Since there are other well-qualified companies available, there E would be no reason for considering a waiver of the policy. [q y
(2) Example. The ABC Corp., in response to a RFP, proposes to f perform certain analyses of a reactor component which are unique to one i?
type of advanced reactor. As is the case with other technically qualified y companies responding to the RFP, the ABC Corp. is performing various in projects for several different utility clients. None of the ABC Corp. k projects have any relationship to the work called for in the RFP. Based [
on the NRC evaluation, the ABC Corp. is considered to be the best qualified -
company to perform the work outlined in the RFP.
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' .) J 7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in ;
the contract to preclude the ABC Corp. from subsequently contracting for j work during the performance of the NRC contract with the private sector ,
which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor ' mentioned in the example.
(3) Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that cype of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of
'the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry cnce
, its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no infomation produced under the contract 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 competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it snall not be used in the contractor's private activities unless such information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
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t 7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently !
doing seismological studies for several utilities in the Eastern United i States but none of the sites are within the geographic area contemplated by the NRC study. 'L' E!
Guidance. The contracting officer would nomally conclude that y award of a contract would not place ABC Corp. in a conflicting role p where its judgment might be biased. The work for others clause of 5 20- C 1.5405-1(c) would preclude ABC Corp. from accepting work during the term 0 of the NRC contract which could create a conflict of interest.
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(d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational '
conflicts arising from the performance of a contract is not relevant to !
a determination of the existence of such conflicts prior to the award of a contract.
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(2) It is not relevant that the contractor has the professional U reputation of being able to resist temptations which arise from organizational
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conflicts of interest, or that a follow-on procurement is not involved, ,-
or that a contract is awarded on a competitive or a sole source basis. [t 520-1.5404 Representation .
(a) The following procedures are designed to assist the NRC contracting I l ,
officer in determining whether situations or relationships exist which r l may constitute organizational conflicts of interest with respect to a ,
! particular offeror or ' contractor. p V
(b) Representation procedure. The following organizational C conflicts of interest representation provision shall be included in all b solicitations and unsolicited proposals for: (1) Evaluation services or m-activities; (2) technical consulting and management support services; h.
l (3) research; and (4) other contractual situations where special organizational f conflicts of interest provisions are noted in the solicitation and would be included in tae resulting contract.
This representation recuirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, nowever, a statement of the type required by the organizational conflicts of rf interest representation provision has previously been submitted with !
regard to the contract being mocified, only an updating of such statement !
shall be required.
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7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing. contract does ( ) or coes not ( ) involve situations or relationships of the type set forth in 41 CFR 120-1.5403(b)(1).
(c) Instructions to offerers. The following shall be included in all NRC solicitations: (1) If the representatica as completed indicates that situations or relationships of the type sec forth 'n 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that organizational conflicts exist, the following actions may be taken: (i) Impose appropriate conditions which avoid such conflicts. (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) The refusal to provide the representation required by 120-1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offerer may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work frem the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive costure of the other offerers, the proposal must be rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause 7-
7590-01 t
All contracts of the types set forth in 5 20-1.5404(b) shall include -
the following clauses:
(a) Purpose. The primary purpose of this clause is to aid in .
ensuring that the contractor: (1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) l does not obtain an unfair competitive advantage over other parties by !-i virtue of its performance of this contract. -
I (b) Scope. The restrictions described herein shall apply to ,
perfomance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause, c.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfomed under this contract. .
The contractor shall ensure that all employees who are employed full L time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the .
contractor believes with respect to itself or any such employee that any L proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
l (d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in thi: contract, it does not have any organizational conflicts of L interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational !.
conflicts of interest with respect to this contract, it skli make an i.
imediate and full disclosure in writing to the contracting officer. O This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such lC conflicts . The NRC may, however, terminate the contract for convenience [~-
if it deems such termination to be in the best interests of the government. *
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m (e) Access to and use of information. (1) If the contractor in the performance of this contract obtains access to infomation, such as
- NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, tne contractor agrees not to: (i) Use such infomation for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based
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on such information for a period of six (6) months aft' er either the completion of this contract or the release of such infor nation to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.
-(2) In addition, tne contractor agrees that to the extant it receives or is given access to proprietary data, data protected by the 3
d Privacy Act of 1974 (Pub. L.93-579), or othee confidential or privileged !
technical, business, or financial information under this contract, the
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ij contractor placed on use shall of treat the information. such information in accordance with restrictions 1
(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces .
i under this contract for private purposes provideo that all requirements
.1 of this contract have been met.
( f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the .
contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms "contmet." " contractor," and
" contracting officer," shall be appropriately mocified to preserve the government's . rights.
3 (g) Remedies. For breach of any of the above proscriptions or for 1
intentional nondisclosure or misrepresentation of any relevant interest
{ required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from
- subse m ent contractual efforts, and pursue other remedies as may be pennitted by law or this contract.
i (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive q Director for Operations (E00) in accordance with the procedures outlined in 120-1.5411.
L1 i 120-1.5405-2 Special contract provisions.
- (a) If it is determined from the nature of the prooosed contract that organizational conflicts of interest exist, the contracting officer may determine that such conf 1ict can be avoided or after obtaining a waiver in accordance with 320-1.5411, neutralized through the use of an
, appropriate special contract provision. If appropriate, th'e offeror may
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negotiate the terms and conditions of these clauses, including the t
extent and time period of any such restriction. These provisions include but are net limited to:
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. au 7590-01 r
(1) Hardware exclusion clauses which prohibit the acceptance of procuction by performed contracts following a related nonproduction contract previously the contractor;.
(2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses wnien provide for protection of confidential data and guard against its unautnorized use.
(b) The following additional contract clause may be included as section (i) in the clause set forth in 20-1.5405-1 wnen it is determinec that award of a follow-on contract would constitute an organizational conflict af interest. "
(i) Follow-on effort. (1) ine contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) wnich stem directly from the contractor's performance of L work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any tethnical "
consulting or management support services work or evaluation activities under this contract on any of its products or services or the products ,
or services of another firm if tne contractor has been substantially involved in the development or marketing of such products or services.
t (2) If the contracto. under this contract crepares a complets or essentially complete ' statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The '
contractor snali not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not j apply.
(3) Nothing in this paragraph shall preclude che contractor from offering or selling its stancare commercial items to the government.
g i 20-1.5406 Evaluation, findings, and contract award i y
The contracting officer will evaluate all relevant facts submitted k f'
by an offeror pursuant to the reoresentation recuirements of 520-1,54Q4(b) !
anc other relevant information. After evaluating this information ,
against tne criteria of. 20-1.5403, a finding will be mace by the contracting '
officer wnether organizational conflicts of interest exist with respect to a particular offeror. If it nas oeen determinec tnat conflicts of interest exist, tnen cne contracting officer snali eitner:
(a) Disquality tne offeror from awarc,
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I (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.
I20-1.5407 Conflicus identified after award.
If potential organizational conflicts of interest are identified af ter award with resoect to a particular contractor, the contracting officer detarmines that such conflicts do, in fact, exist and that it j
would not be in the best interests of tne government to terminate the contract as previces in the clauses required by 1 20-1.5405, the contracting j)) officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects j
of the identified conflict.
'. 320-1.5408 (fleserved) q j ;20-1.5409 (Reserved)
?
, 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to suomit a representation statement in accordance witn !20-1.5404(b) from subcontractor". and consultants. The contracting officer snall require the contractor to include contract clauses in accordance with !20-1.5405 in consultant agreements or subcontracts involving performance of work
- under a prime contract covered by this subsection.
! i20-1.5411 Waiver 1
j in the first instante, determination .sith respect to the need to seek a waiver for specific centract awards shall be made by the contracting officer witn the advice and concurrence of the program office director and the Office of Er.ecut1 <e Legal Director. Ucon the recommendation of the contracting officer, and af ter censultation with the Office of the General Counsel, ne E00 may waive the policy in soecific cases if he determines that it is in the best interest of the United States to do so.
Sucn action shall be str1ctly limited to ,those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor wnose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NP.C to neutralize the conflict. For any such waivers, the justification and aoproval cocumer.ts shall be placed in the Public Occument Room.
9 II-4 g -- - , , . - er-- -W---
+mes+5+-F e 7590-01 '
1 520-1. 5412 Remedies in addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this suboart or for any '
intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washincton. D. C this 27th _ day of Mar:h 1979.
F
- f. '
For the Nuclear Regulatory Commission
!~
l cycuu d 4 cm & '
Samuel 0. Chilk '
Secretary ofl the Commission i'
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.i^-j j Attachment 3
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CONTRACT PRICING PROPCSAL osC, o( w. g. ., ,ad sudset Approval No. 29- AOl84 (RESEARCH AND DEVELOPMENT')
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- 1%e tures is for use when re) eenseessaan el case er prweis dse (see FML a.5.807 9) e rugswed and tm) emboesassion see the Opeser.e4 Forne 99 is seemorised by the concreatus o# hee.
e name or oppteos sup*ues amosos stev<as to se ruensato mome cenCa accetsa i
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Attachment 4_.
1
- nPP No.
PROPOSAL SUMf1ARY Afl0 DATA SHEET otticial Name anc Accress of 0fferCr P' ACE QP PER PCmMANCE .Cirw. Cmey, sw Jestes
~h TQTAL ESTIMATED f1ME 4EculmED TC IST Y EAA #Cersuae sweger seewuwei [ arm v EAM
, CCMPLETE THE P9044CT TOTAL j EsfiuATEo Cosrs 2NC^^
l:TH vtA4 4 '
- AD Y EAA TYPE CP CCNTR ACT PMCPCSED C CCST M ElMEU AGEMENT CCCST4HAMINC CCOSTJtWS.PIXED PEI [ FIXIQPMICE 4 C QTHER i
NAME CP INOIVtCUAL;$) AUTHCRIZEQ TO TITL4 TEL&PMCNE NUMSE A
- EXECUTE ANO $3CN CONTRACT 3 I
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NAME CP INCIVlQUAkt$3 AUTMCR Z EL' fJ TITLE TELEPMCNE NUMSEM e
EX ECUTE ANfi $3f".N CCNT A ACT3 i
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NUMeE A QP EMPLov'425'cummgNTLy EMPtov to CCLLAA VCLUME Op guSINE53 PER ANNUM
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.k, f Accsotance Porvoo The offefor agrees to allow davt from the date of this proposal for accsotance thereci Oy trie
^
Government t90 days, of uset ortserwese scotsfied). .
j NAME ANC ACCRE13 CP CCCNs2 ANT CCVERNMENT AUQlf ACENCY l
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ci Pruiett Derretar T'"C"'"U"*** ** * **'O j wouns weExt?
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PROPOSAL
SUMMARY
AND DATA SHEET Acnnowseogenent of Amenoments . The otterer acknow6eoges reconot of senenaments to tne RFP as follows:
Amenoment NS A Date S p..atu.re Subcontractor information . Furnun name a.4 6eantion of organiaanon, denarnsteen of serviens base responsibiee
. . . .sewn
. - employed try subcontractor and cost information.
TECHNICAL PROPOSAL SUMMAR Y IA traen to r or proposa/ Sum. 47 Data Sheet /
A. METH00s . (Lost or summvare the thronoierrest modestones to be reachee enrovant the year. uoan msoen t work is based. Outline tne besor exoeromentalsooroaches to be teners to reacn thear neokstones.)
, S.me R prooeere ATIONAL . Itadicate me uncertyrng arrncenes and conceats rolesmt to thus wort neien wouldjustily tan soproach to meeting the stated carectrees of this MFa.)
C. F AC11.lT1ts . findicate broefly the ousnrrty onct evality of soace to be moon availacer for this project.)
D. 0THER .(Inctuer braf starrments of emnerence me accomolisnments of orancioal in estigator anc orner pro ortsonnel wnich mtarmacon.)
rne mostpartinent are germane to one effort prooosed. Do not reference tecnnocal proposel er curnauw veter. but ebe f
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Attachment 5
.i
. GENERAL PROVISIONS CONTENTS APPENDIX COMMERCIAL A - COST TYPE RESEARCH ANO DEVELOPMENT CONTRACTS ORGANIZATIONS 4
i 1
GENERAL PROVISIONS NO. 1.0
- t 1.1
! 1.2 Definitions.......................
Assignment........................ ........................
..a ..
1.3 A s s i gnmen t o f C l a i ms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j ......................
.t l.4 Official s Not to 8ene fi t. . . . . . . . . . . . . . . .
1.5 S ta nda rd s o f Wo rk . . . . . . . . . . . . . . . . . . .... . ...............
1.6 ....................
1.7 Notice Regarding Late 0elivery............. ..
7 Covenant Aga inst Con tingent Fees. . . . . . . . . . . . . . .......... ...........
1.8 I Payment of Interest on Contractors' Claims. . . . . . . . . . . . . ....
1.9 Interest Due the Government. . . . .
1.10 01sputes......................................................
1.11 Notice to the Government of Labor Di 1.12 Audi t and Reco rds . . . . . . . . . . . . . . . . . . . spu tes . . . . . . . . . . . . . . . . .
1.13 Examination of Records b 1.14 Order of Precedence. . . . .y........... Comptroller General . . . . . . . . . . . . . .
1.15 S t o p Wo r k 0 rde r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.16 Contractor Organizational Conflicts ....................... of Interest.
1.17 Publ icati on of Contract Work. . . . . . . . . . . . . ........... ................
1.13 Private Use of Contract Information and Data....
1.19 Drawings , Des i gn s , Speci fi cati ons. . . . . . . . . . . . . . . . .......... .........
1.20 Proprietary Data and Confidential
- 1. 21 P ri va cy A c t . . . . . . . . . . . . . . . . . . . . . . . .In fo rma t i on . . . . . . . . . . . . . .
PERFORMANCE PROVISIONS NO. 2.0 2.1 2.2 P e rm iHealth, Safety, t s . . . .and
. . . Fire
. . . .Pr................................
2.3 Key Pe rscn ne l . . . . . . . . . ... . . . . . o tection. . . . . . . . ......... ..............
2.4 Security...................... ............................
2.S ........................
j' 2.6 Subcontracts...................... ........................ '
Consultant or Other Comoarable Employment Services of Contractor Emo1oyees. . . . . . . . . . . .
I
- 2. 7 Litigation and Claims......................................
2.8 Excusable 0ela ......................
.2. 9 Changes.......ys...........................................
2.10 In spection and Co rrection of 0e fects. . . . . . . . . . . . . . . . . . . . . . .
2.11 Procurement of Items Using Jewel Bearin 2.12 Go ve rnmen t Prope rty. . . . . . . . . . . . . . . . . . . . g s . . . . . . . . . . . . . . . . . .
4 4
1 2/6/E0 e
~ ~ "
SOCIO-ECONOMIC PROVISIONS NO. 3.0 3.1 Employment of the Handicaoped..............................
3.2 Disabled Veterans and Veterans of the Vietnam Era. . . . . . . . . .
3.3 Convict Labor..............................................
3.4 Equal Opportunity..........................................
3.5 Preference for U. S. Flag Ai r Ca rriers. . . . . . . . . . . . . . . . . . . . .
'3.6 Use of Privately Owned U. S. Flag Commercial Vessels. . . . . . .
3.7 B uy Ame r i c a n A c t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.3 Contract Work Hours and Safety Standards '.ct. . . . . . . . . . . . . . .
3.9 Utili:ation of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals......
3.10 utilization of Labor Surplus Area Concerns. . . . . . . . . . . . . . . . . '
3.11 Labor Surplus Area Subcontracting Program. . . . . . . . . . . . . . . . . .
3 .12 C l e a n A i r a n d Wa t e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PATENT AND COPYRIGHT PROVISIONS NO. 4.0 4.1 Patent Rignts..............................................
4.2 Patent Indemnification of Government by Contractor. . . . . . . . .
4.3 Rignts in Copyrightable Material Under Contracts. . . . . . . . . . .
4.4 Copyright Indemni fication of Government. . . . . . . . . . . . . . . . . . . .
4.5 Notice and Assistance Regarding Patent and Copyright Infringement.....................................
FINANCIAL AND TERMINATION PROVISIONS NO. 5.0 5.1 Limitation of Cost or Funds................................
5.2 Allowable Cost, Fee, and Payment...........................
5.3 Negotiated Overnead Rates..................................
5.4 State and Local Taxes......................................
5.5 Termination for Gefault or for Convenience of t h e Go v e rn me n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPENDIX B
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APPENDIX A GENERAL PROVISIONS COST TYPE RESEARCH AND DEVELOPMENT CCNTRACTS WITH CCMNERCIAL ORGANIZATIONS 3 .
ARTICLE
- GENERAL PROVISIONS - APPLICATION
[ All of the GENERAL PROVISICHS which acoly to this contract are identi LU reference or set forth in this Apcendix A exceat as specifiede inyAppendix 3 attached hereto, or as otherwise set forth in ARTICLE ALTERATIONS.
same force and effect as if set forth in full.The provisions wnicn are id 4
with the number 1 are to the Federal Procurement Federal Regulations.
e
, Code of Re
,It, GENERAL PROVISIONS NO. 1.0
)
Provision FPR No. Re ference Title i Cate 1.I 1-7.102-1 1 "Ce fini tions" Mar 12, ~ l 97.3 d Add: (d) The term "Comissien" means the U. S. Nuclear Regulatory d Comission or any duly authorizeo representative thereof, including the Contracting Officer, except for q tne puroese of deciding an a; peal under the article entitled "Discutes."
1.2 --
"Assienment"
- Exceot as stated in Provision No.
1.3, neitner tnis contract nor any a interest therein nor claim there-Lt under shall te assigned or trans-O fer' ed by the contractor exceot as
'. j expressly authori:ed in writing by 1
the Contracting Officer.
- j 1.3 1-30.703 " Assignment of Claims"
- 1.4 May 12, 1976 a
1-7.102-17
" Officials Not to Benefic" Mar 12, 1973 1.5 1-7.302-3
" Standards of Work" Apr 21, 1975 1.6 1-7.204-.1
" Notice Regarding Late Delivery" Jan 14, 1974 1.7 1-1.503
" Covenant Against Contingent Fees" Aor 16, 1966 4
m
1.8 1-1.322 " Payment of Interest on Contractors' Jul 28, 1972 Claims" (Applies except as otherwise provioed in the Contracts Disputes Act of 1978 (41 U.S.C. 501 et sec. ))
1.9 l-7.203-15 "Inte rest" Jan 14, 1974 1.10 1-7.102-12 " Disputes" (As in the Federal Register, Mar 1, 1979 vol. 44,tJo. 46 - Wednesday, Mar. 7, 1979) 1.11 1-7.203-3 " Notice to the Government of Labor Jan 14, 1974 Disputes" 1.12 1-3.814-2 " Audit" May 12, 1976 1.13 1-7.103-3 " Examination of Records by Comotroller Sep 25, 1979 General" 1.14 --
" Order of Precedence" --
In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; (b) the Statement of Work; (c) the General Provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the contractor's technical proposal, if incorporated in the contract by refer-ence or otherwise.
1.15 .
"Stop Work Order" --
(a) The Contracting Officer may, at any tine, by written order to the con-tractor, recuire the contracLcr to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to the con-tractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a Stop Work Oroer issued pursuant to this clause.
Upon receipt of such an order, the contractor shall forthwith comply with its terms and take all reason-able steps to minimize the incurrence 2
y .. J, 4, , .
l'. e
r 1
, t
- m of costs allocable to the work covered by the order during the period of work stopoage. Within a period of ninety (90) days after a Stop Work Order is delivered to the
- contractor, or within any extension of that period to which the parties a shall have agreed, the Contracting 1.
Officer shall either:
(i) cancel the Stoo Work Orcer, or i
(ii) terminate the work covered by such order as provided in the e
" Default" or the " Termination for Convenience" clause of this contract.
(b) If a Stop Work Order issued under this clause is cancelled or the period of the order or any extension thereof expires, the contractor shall resume work. An equitable adjustment shall be made in the
' delivery schedule or contract crice, 4
or both, and the contract shall be modified in writing accordingly, if:
j (i) the Stop Work Order results in an increase in the time required for, or in the con-tractor's cost properly allocable to, the performance of any part of this contract, and i (ii) the contractor asserts a i
' 4 claim for such adjustment
- 2
- within thirty (30) days After the end of the period d of work staccage; provided i that, if the Contracting i
i Officer decides the facts justify such action, he may receive and act upon any sucn claim asserted at any time prior to final payment under this contract.
3 4
e6
, n , - , - - , , - , - - -
- i (c) If a Stop Work Order is not can-celled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from tne -
Stoo Work Order shall be allowed in arriving at the termination settlement.
, (d) If a Stop Work Oroer is not can-celled and thr. work covered by sucn order is terminated for default, the reasonable costs resultino from the Stop Work Order snall be alloweo Dy equitable adjustment or otnerwise.
1.16 20-1.5402 Definitions (Contractor Organizational Aor 2,1979 Conflicts of Interest) 1.16-1 20-1.5405-1 General Contract Clause (Contractor Apr 2,1979 Organizational Conflicts of Interest) ,
1.17 --
" Publication of Contract Work" --
Clause A The contractor is encouraged to publish and make available to the public infor-mation concerning its work under this contract. The contractor shall submit a copy of tne information proposed to be published to the contracting Officer prior to publication or dissemination to the public. 1f the information is subsequently changed, the Contracting Officer will be furnished a copy of the revised information prior to publica-tion or dissemination. The contractor shall acknowledge the source of the information by including in the publica-tion an acknowledgnent substantially as >
follows:
"The work upon which this publication is based was performed pursuant to Con-tract No. (insert numoer) with (insert name of office or division), U. S. Nuclear Regulatory Commission."
4 4
h
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__. - _ . _ - . . . -. _ _ . . _ . . _ _ _ _ _ _ _ ~ _ ~ , _ _ _
5 JT Clause B The contractor shall not puol f sn, permit to ce oublisneo, or disseminate to the public any information, oral or written, concerning tne work per-formed under this contract without the prior written consent of the Contracting Officer. Two cooies of any information prorosed to be published 3 or disseminated snail be submitted to
'1 the Contracting Officer. Failure to
.l comply with this clause shall be grounds a
1 for termination of this contract.
1.18 --
" Private Use of Contract Information and --
Data"
,-I j Except as otherwise specifically author-ized by Provision No.1.17, Clause A, of this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnishe,d the contractor in ene cer-formance or this c:ntract, snali be j used only in connection with the work under this contract.
-i 1.19 --
"Orawings, Cesigns, and Soecifications" --
I
.! All drawings, sketches, designs, design i
data', specifications, notebooks, tecn-
- nical and scientific data, and all
- photographs, negatives, reports, find-I ings, rec mmendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the
,} Connission at all reasonable times (for j which inspection the orecer facilities shall be afforded the Commission by the contractor and its subcontractors), shall De the property of One Government and may be used by tne Government for any purpose wnatsoever without any claim on tne part of the contractor and its subcontractors and tendors for additional compensation and shall, subject' to the rignt of the contractor to retain a copy of said 5
. , . - . - -p --n . . , - - - , , -,e
-w-
material for its own use, be delivered to the Government, or otherwise disposed of py the contractor either as the Con-tracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer snali direct upon completion or
, termination of this contract. The con-tractor's right of retention and use shall be subject to the security, patent, ,
and use of information provisions, if any, of this contract.
1.20 --
" Proprietary Data and Confidential Infor- --
mation" In connection with the performance of the work under this contract, tne con-tractor may be furnished, or may develop or accuire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Com- '
mission plans, policies, reports, financial plans, internal cara pro-tected by the Privacy Act of 1974 (P.L.93-579), or other information which has not been released to the -
public or has been determined by the Commission to be otherwise exempt from disclosure to the public. Contractor agrees to hold suen information in confidence and not to directly or indirectly duplicate, disseminate, or ,
disclose sucn information in wnole or in part to any other person or organiza- l tion except as may be necessary to per- ,
form the work under this contract. t.
, Contractor agrees to return such infor- p mation to the Commission or otherwise i dispose of it either as the Contracting Officer may from time to time direct {
during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termina-tion of this contract. Failure to comply with this clause shall be grounds for termination of this contract.
1.21-1 1-1.327-5(b) " Privacy Act flotification" Sep 26, 1975 1.21-2 1-1.327-5(c) " Privacy Act" Sep 26, 1975 6
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PERFORMANCE PROVISIONS NO. 2.0 Provision FPR No. Reference Title Date 2.1 --
" Permits" .-
Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits
- or licenses and abide by all acoli-cable laws, regulations, and ordinances
)
of the United States and of the State, territory, and political subdivision
] in performed.
is which the work under this contract 2.2 --
" Safety Health, and Fire Protection" --
The contractor shall take all reason-
. able precautions in the performance of the work under this contract to protect the health and safety of emolayees and of members of the public and to mini-mize danger from all hazards to If fe and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commis-sion ana. the Department of Labor. In the event that the contractor fails to comply with said regulations or require-t ments, the Contracting Officer may,
- without prejudice to any other legal or I
contractual rights of the Commission, issue an order stooping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.
The contractor shall make no claim for an
, extension of time or for ccmcensation or
+
damages by reason of or in connection
,i with such work stoppage.
i t
2.3 1-7.304-6 " Key Personnel" ~
Apr 21, 1975 2.4 --
" Security" --
(a) Contractor's duty to safeguard Restricted Data, Formerly 7
6
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, Restricted Data, and otner classi-fied infomatior.. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible
, for safeguarding Restricted Data, Formerly Restricted Data, and other classified information and protect-ing against sabotage, espionage, loss and theft, the classified documents anci material in the con-tractor's pcssession in connection i with the perfomance of work unoer IC this contract. Except as otherwise expressly provided in this contract, the contractor shall, upon comple- -
tion or temination of this contract, transmit to the Comission any classi-fied matter in the possession of the contractor or any person under the >
contractor's control in connection with performance of this contract.
If retention by the contractor of i any classified matter is required [
after the comoletion or termination i of the contract and such retention is approved by the Contracting '
Officer, the contractor will com-plete a certificate of possession to be furnished to tne Commission specifying the classified matter to be retained. The certification shall identify the items and types '
or categories c' matter retained, the conditions governing the reten- ,
tion of the matter and their period of retention, if known. If the !?
retention is approved by the Con- M tracting Officer, the security provi-
- sions of the contract will continue
- to be aoplicaole to the matter b.
retained. C (b) Regulations. The contractor agrees to conform to all security regula- ,b-tions and requirements of the Com-mission.
(c) Definition of Restricted Data. The term " Restricted Data," as used in this clause, means all data concern-ing (1) design, manufacture, or 8
.s
.. a . - - . - .. .
____,_y . - -
i i
6 utilization of atomic weapons; (2) the production of special nuclear 1
material; or (3) the use of special 4 nuclear material in the oroduction 1 of energy, but shall not include i data declassified or removed from j the Restricted Data category pur-
,1 suant to section 142 of the Atomic j Energy Act of 1954
~
?}
(d) Definition of Formerly Restricted
[j Data. The term "Formerly Restricted 3
4 Data," as used in this clause,
?j means all data removed from the c.!
Restricted Data category under il section 142 d. of the Atomic Energy q Act of 1954, as amended, l
1, (e) Security Clearance Personnel . The
, contractor shall not permit any
^
- individual to have access to Restricted Data, Formerly Restricted Data, or other classified informa-tion, exceat in accordance with the Atomic Energy Act of 1954, as amended, j and the Commission's regulations or 3
requirements applicable td the par-Ei ticular type or category of classi-
] fied information to wnich access is required.
i
! }-
'l (f) Criminal Liability. It is understood Li that disclosure of Restricted Data, i~ Formerly Restricted Data, or other classified information relating to the work or services ordered hereuncer to any person not entitled to receive it.
or failure to safeguard any Restricted Data, Fonnerly Restricted Data, or any other classified matter that may come
- [ to the contractor or any person under 1 the contractor's control in connection
! with work uncer this contract, may subject the contractor, its agents,
" employees, or subcontractors to crim-inal liability under the laws of tne United States. (See the Atomic Energy Act of 1954, as amended, J2 U.S.C.
2011 et seq. ; 18 U.S.C. 793 and 794; and Executive Order 11652.)
f 9
e
(9) Subcontracts and purenase Orders.
Except as otherwise authorized in writing by the Contracting Officer, the contractor snall insert provi-sions similar to the foregoing in all subcontracts anc purenase orders under this contract.
(h) In performing the contract work, the contractor shall assign classifica-tions to all documents, material, and equipment originated or generated by the contractor in accordance witn classification guicance by the Commis-sion. Every subcontract and purchase t g
order issued hereuncer involving the '
origination or generation of classi-fied cocuments, material, or equipment shall provide that the subcontractor or supplier shall assign classifica-tions to all such documents, material, and equipment in accordance with clas-sification guidance furnished Dy tne contractor.
2.5 1-7.402-8 " Subcontracts" Apr 21, 1975 (Including Paragraph (j.))
2.6 --
" Consultant or Other Ccecarable Emoloy- --
ment Services of Contractor Employees" The contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regu.lar -
annual compensation received under terms of a contract with tne Commission) on the Contract work to disclose to the Contractor all consultant or other comparable employ- i ment services wnich the employees proposed !
to undertake for others. The contractor ,
shall transmit to One Contracting Officer :
all infornation obtained from such disclo- [
sures. The contractor will require any L employee who will be employed full-time ;
on the contract to agree, as a condition of his participation in such work, that ,
he will not perform consultant or other comparable employment services for 10
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another Commission cost-type contractor under its contract with the Commission except with the prior approval of the contractor.
- 2. 7 -- " Litigation and Claims" --
(a) Initiation of litication. The con-tractor may, witn ene prior written authorization of the Contracting Officer, and shall, uoan the request of the Commission, initiate litiga-l tion against third parties, includ-ing proceedings before acministrative agencies, in connection with this contract. The contractor shall
-j proceed with such litigation in good faith and as directed from time to time by the Contracting Officer, f (b) Oefense and settlement of claims.
Tne contractor snail give tne Contracting Officer immediate notice in writing (1) of any action, includ-ing any proceeding before an admin-istrative agency, filed against the.
contractor arising out of the perform-ance of this contract, and (2) of any claim against the contractor, the s- cost and expense of which is allow-l able under the clause entitled
" Allowable Costs." Except as other-
[ wise directed by the Contracting Officer, in writing, the contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the contractor with resoect to such
-i action or claim. To the extent j-not in conflict with any appli-cable policy of insurance, the con-tractor may with the Contracting Officer's aoproval settle any such action or claim, shall effect at the Contractino Officer's request an assignment and suorogation in favor of the Government of all the contractor's rights and claims (except those against the Govern-ment) arising out of any such action 11 l _
or claim against the contractor, and, if required by the Contracting Officer, shall authori:e reoresenta-tives of the Government to settle or defeno any such action or claim and' to represent the contractor in, '
or to take charge of, any action. If the settlement or defense of an action or claim against the contractor is undertaken by the Government, the con-tractor snall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an '
action acainst the contractor is not covered by a policy of insurance, i the contractor shall, with the !
aporoval of the Contracting Officer, proceed witn the oefense of the action in good faith a: the expense of the Government: Provided, however, the .
Government shali not ce iiaole for ,
such expense to tne extent that it i would have been compensated for by p insurance wnich was required by law [
or by the written direction of the j
Contracting Officer, but which the "
contractor failed to secure through i its own fault or negligence.
2.8 1-8'.708 " Excusable' Delays" Jul 9, 1969 2.9 -- " Changes" . --
(a) The Contracting Officer may at any time by a written order, and without :
notice to the sureties, if any, make [.
changes, within the general scope of nis contract, in the definition of services and tasks to be performed, 'k'. '
and the time (i.e. , hours of the day, days of the week, etc.) and place of performance thereof.
(b) If any such changes cause an increase $
or decrease in the estimated cost of, or tne time required for, the performance of any part of the work under this contract, whether changed p or not changed by any such order, or '
Otherwise affects any other provi- '
sion of this contract, an equitable adjustment shall be made:
12 O
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l' (i) in the estimated cost or delivery senedule, or both; (11) in the amount of any fixed fee to be paid to the con-tractor; and
, (iii) in such other provisions of the contract as may be so
. affected, and the contract l shall be modified in writing accordingly.
- Any claim by the contractor for
) adjustment under this clause must be
! asserted within thirty (30) days from
". the date of receipt by the contractor 1
of the notification of cnange:
Provided, however, that the Contract-ing Officer,1f ne decides that facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a cuestion of fact within the meaning of the clause ,
i of this contract entitled "Otsputes."
However, except as provided in para-graph (c) below, nothina in this clause shall excuse the contractor from proceeding with the contract as
- changed.
i (c)
Notwithstanding(b) graphs (a) and abovethe provisions of para-
, the esti-mated cost of this contract and, if this contract is incrementally funded, the funds allotted for tne performance thereof, shall not be increased or
. deemed to be increased except by specific written modification of the contract indicating'the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until sucn modification is made, the contractor shall not be obligated to continue performance or incur costs beyond the .
point established in ene clause of this contract entitled " Limitation of Cost" or " Limitation of Funds." (ASPR 1 7-1909.2)
. 13 a
2.10 1-7.402-5 " Inspection and Correction of Defects" Apr 21,1975 See Appendix "B" hereof as to wnether Clause 2.10-1 or Clause 2.10-2 applies 2.10-1 1-7.402-5(a) " Inspection and Correction of Defects" Aor 21, 1975 2.10-2 1-7.402-5(c) " Inspection" Aor 21, 1975 2.11- 1-1.319 " Required Source for Jewel Bearing" Apr 30, 1975 i.
2.12 1-7.203-21 " Government Proper;y" Jan 14, 1974 9
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SOCIO-ECONOMIC PROVISIGNS NO. 3.0 Provision FPR No. Reference Title Date 3.1 FPR Temp. " Employment of the Handicapped" May 26, 1976 Reg. No. 38 i 3.2 FPR Temp. " Disabled Veterans and Veterans Jul 30, 1976 Reg. No. 39 of the Vietnam Era" 3.3 1-12.204 " Convict Labor" Jun 23, 1974
'3.4 1-12.303-2 " Equal Opportunity" Jul 27, 1963 3.5 1-1.323-2 " Preference for U. S. Flag Air Dec 31, 1975 Carriers," and " Certification of Unavailability of U. S Flag Air Carriers" 3.6 1-19.108-2 "Use of U. S. Flag Commercial, Nov 30, 1976 Vessels" 3.7 1-6.104-5 " Buy American Act Supply and Mar 12,1973 Service Contracts" 3.8 1-12.302 Apolicability (Contract Work Hours Mar 26,1969 and Safety Standards Act)
. 3.8-1 1-12.303 " Contract Work Hours and Safety Mar 12,1973 Standards Act - Overtime Compensation"
' (Applies except as ex.cluded by 3.8 above) 3.9 FPR Temp. " Utilization of Small Business Jun 20, 1979 Reg. No. 30 Concerns and Small Business Concerns Owned and Controlled by Socially and Econcmically Disadvantaged Individuals" f
3.10 1-1.305-3(a) " Utilization of Labor Surplus Area Jun 16, 1978
- Concerns" 3.11 1-1.305-3(b) " Labor Surplus Area Subcontracting Jun 16, 1973 Program" (Appifcable to contracts which may exceed 5500,000) 3.12 1-1.2302-2 " Clean Air and Water" Aug 20, 1975 15
~ . . . . . - . _ . - _
1 PATENT AND COPYRIGHT PROVISIONS NO. 4.0 Provision FPR No. Reference Title Date 4.1 1-9.107-5 " Patents Rights - Acquisition by Jul 3,1975 the Government."
. Add to this clause the following .
sections (j) ano (k):
"(j ) No claim for pecuniary award ,.
or compensation under the i provisions of the Atomic b Energy Act of 1954, as if amenced, shall be asserted cy the contractor or its employees, with respect to ,
any invention or discovery j made or conceived in the L course of or under this con-tract." ! '
"(k) With respect to any U. S.
Patent Application filed by the contractor on any con-tract invention or discovery made or conceived in the course of the contract, the contractor will incorporate in the first paragraph of the U. 5. Patent Application the following statement: ;
'The invention described i~
. herein was made in the -
course of, or under, a contract (if desired, -
may substitute contract l
with identifying number)
! with the Commission.'"
- - 4.2 -- " Patent Indemnification of Government --
[ by Contractor" The contractor agrees to indemnify the !
Government, its officers, agents, servants, and employees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to sec. 183, Title 35 ~
(1952) U.S.C. , prior to the issuance of 16 (v
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. V
- l m,
Letters Patent) occurring in the perform-ance of this contract or arising by reason of the use or disposal by or for the account of the Government of items manu-factured or supplied under this contract.
4.3 --
" Rights in Copyrightable Material Under --
Contracts" (a) The contractor (1) agrees that the Commission saall cetermine the disco-a sition of the title to and the rignts under any copyrignt secured by the contractor or its emoloyees on copy-rightable material first produced or composed under this contract and (ii) hereDy grants to the Government a royalty-free, nonexclusive, irrevo-cable license to reproduce, translate, publish, use and disease of, and to authorize others so to do, all copy-righted or copyrightable work not first produced or composed by the contractor in the performance of this contract but wnich 'is incorporateo in the material furnished under tne con-tract, provided that such license shall be only to the extent the contractor now has, or prior to the completion or final settlement of the contract may acquire the right to grant such license without becoming liable to pay compensation to others solely because of such grant.
(b) The contractor agrees that it will not include any copyrighteo material in any written or copyrightable material furnished or delivered under this contract, without a
- ' license as provided for in para-graph (a) (ii) hereof, or without the consent of the copyrignt owner, unless specific written approval of the Contracting Officer to the inclusion of such copyrighted material is secured.
17 k
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l.
t-(c) The contractor agrees to report in i writing to the Commission, promptly and in reasonable detail, any ',
notice or claim of copyrignt infringe- .
ment received by the contractor with respect to any material delivered unoer this contract.
4.4 -- " Copyright Indemnification of Government" --
Except as otherwise provioed, the con- j, tractor agrees to indemnify the Go'rern- !
ment, its officers, agents, servants, ;.
and employees against liability, includ- r.
ing costs and expenses, for the infringe- !
ment of any copyright in any work protected unoer the copyrignt laws of f the United States arising out of the ,
performance of this contract, including the reproduction, translation, publica- !i tion or use of any such copyrighted p material . ,-
F 4.5 1-7.103-4 "flotice and Assistance Regarding Patent Mar 12,1973 ..
and Copyright Infringement" .
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FINANCIAL AND-TERMINATION PROVISIONS NO. 5.0 Provision FPR No. Reference Title Cate 5.1-1 1-7.202-3(a) " Limitation of Cost" Jul 14. 1974 (Applies to fully funded cost-reimbursement type research and develocment contracts whicn do not provide for cos', snaring, and to contracts not providing for the payment of a fee. Delete the words
" exclusive of fee" for contracts not providing for a fee.)
5.1-2 1-7.402-2(b) " Limitation of Cost (Cost-Sharing)" Apr 21, 1975 (Applies to fully funded cost reim-bursement type researen ano develop-ment contracts which provide for cost sharing. )
5.1-3 1-7.202-3(b) " Limitation of Funds" Jul 14, 1974 (Applies to cost-reimeursement type research and development contracts
' wnich are to be incrementally funded and which do not provide for cost sharing.)
5.1-4 1-7.402-2(d) " Limitation of Funds (Cost-Sharing)" Apr 21,1975
( Applies to cost-reimeursement type research and develocment contracts which are to be incrementally funded and which provide for cost-sharing. )
5.2-1 1-7.402-3(a) " Allowable Cost, Fixed Fee and Payment" Aor 21,1975
( Applies to cost-reimcursement type i contracts which provide for payment of a fixed fee.)
5.2-2 1-7.402-3(b) " Allowable Cost and Payment" Apr 21,1975 (Applies to contracts, includina snaring contracts, without fee.} cost-5.3 1-3.704-1 " Negotiated Overhead Rates" Dec 15, 1066 (Applies to contracts with concerns other than educational institutions where negotiated overnead rates are to be used pursuant to this subpart.)
Add the following to paragrach (c) of
.t the clause:
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"Subpart 1-15.2 of the l
Federal Procurement Regula- '.
tions (41 CFR l-15.2) as in - '
effect on the date of this '
contract. Subparts 1-15.3 and 1-15.7 of said Regula-
, tions apply in contracts k.
with educational institutions j.
or with State and local govern-ments, respectively." t-5.4 -- [
" State and Local Taxes"
(a) The contractor agrees to notify E i
the Comission of any State or -
local tax, fee, or cnarge levied -
or purported to be levied on or ,1 collected from tne contractor with i respect to the contract work, any transaction thereunder, or property in the custody or control of the contractor and constituting an allowable item of cost if due and f payable, but which the contractor f has reason to believe, or the i i
Comission had advised the con- '
tractor, is or may be inacolicable '
or invalid; and the contractor further agrees to refrain from paying any such tax, fee, or i, L'
cnarge unless autnorized in writing [?
by the Conrnission. Any State or I; local tax, fee, or charge paid ?
with the approval of the Comis- -
sion or on the basis of advice from E the Commission that such tax, fee, or charge is applicable and valid, h-and which would otherwise be an '
allowable item of cost, shall not be disallowed as an item of cost by reason of any subsecuent ruling or 9 determination that such tax, fee, .;
or charge was in fact inapplicable '
or invalid. i-(b) The contractor agrees to take such l action as may be recuired or '
approved by tne Commission to cause any State or local tax, fee, or {
charge which would be an allowable
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cost to be paid under protest; and to take such action as may be required or accroved by the Commis-sion to seek recovery of any pay-ments mace, including assignment to the Governnent or its designee of all rights to an abatement or refund thereof, and granting permission for tne Governannt to join with the con-tractor in any proceedings for the recovery thereaf or to sue for recovery in tne name of the con-tractor. If the Commission directs the contractor to institute litiga-
. tion to enjoin the collection of or to recover payment of any such tax, fee, or charge referred to above, or if a claim or suit is filed against the contractor for a tax, fee, or charge it has refrained from paying in accordance with this article, the procedures and requirements of the article entitled " Litigation and Claims" shall apply and the costs and expenses incurred by the con-tractor shall be allowable items of cost, as provided in this contract,
, together with the amount of any judg-ment rendered against the contractor.
(c) The Governrent shall save the con-
< tractor harmless from penalties and interest incurred through compliance with this article. All recoveries or credits in respect of the foregoing taxes, fees, and charges (including
- interest) shall inure to be for the
< sole benefit of the Government.
5.5 1-8.702 " Termination for Gefault or for Convenience Aor 25,1977 of the Government" I
21 c.
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L APPENDIX B - APPLICATION OF GENERAL PROVISIONS IN APPENDIX A TO THIS RESEARCH AND DEVELOPMENT CONTRACT WITH COMMERCIAL ORGANIZATIONS i.!
NO.1.0 - GENERAL PROY:SIONS:
Unless specifically deleted as stated at the end of this Appendix B, f all of the General Provisions in the number i series apply to this O contract.
- No.1.17: Publication of contract.
ap:: lies to this Contract Work. Clause A / / B/x/ IN b
NO. 2.0 - PERFORMANCE PROVISIONS:
e
- L Unless specifically deleted as stated at the end of this Appendix B. L1 all of the General Provisions in the number 2 series apply to this contract. ,
No. 2.10: Inspection. 2.10-1 / / 2.10-2 / A / applies to this contract. ,
~
NO. 3.0 - SOCIO-ECONOMIC PROVISIONS: -
fl No. 3.1: Empicyment of the Handicapped. Applies to this contract l or purchase order if the amount is 52,500.00 or more.
No. 3.2: Disabled Veterans and Veterans of the Vietnam Era. Applies to tnis contract or purchase orcer if tne amount is 510,000.00 f(
or more. 6 L
he. 3.3: Convict Labor. Applies to this contrac* I" Nc. 3.4: Equal Opportunity. Applies to this contract unless it is '
exempt under the rules, regulations, and relevant orders k of the Secretary of Labor (41 CFR, Ch. 60). p No. 3.5: Preference for U. S. Flag Air Carriers. Applies to this Contract. .
N Ne. 3.6: Use of Privately Owned U. S. Flag Comercial Vessels. Applies ,
to this contract if equipment, material, or comodities may n be transported by ocean vessel as further stated in Provision Ne. 3.6. p No. 3.7: Buy American Act. Applies if this contract is for supplies K or is a contract for services involving furnishing supplies, f except as otnerwise stated in Provision No. 3.7. p No. 3.3: Contract Work Hours and Safety Standards Act. Applies if this 4 L,
contract requires or involves the employment cf laborers or 'l mechanics by a prime contractor or subcontractor. (See Provision No. 3.0 for a description of contracts to which the provision does not apply.)
g No. 3.9: Utili::ation of Small Business and Small Disadvantaged Business ;i Concerns. Aoplies to all contracts over 510,000.00 except:
(1) contracts for services whien are personal in nature anc !
(2) contracts which will be performed entirely (including all subcontracts) outside any State. territory, or possession of ,
the United States, the District of Columbia, or the Common- i.
wealth of Puerto Rico. I l
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No. 3.10: Utilization of Labor Surplus Area Concerns. Appites if the amount of this contract may exceed $10,000.00, except as stated in Provision No. 3.10.
No. 3.11: Lacor Surplus Area Subcontracting Program. Applies if the amount of this centract may exceed 3500,000.00.
No. 3.12: Clean Air and Water. Aoplies if the amount of this contract exceeds 5100,000.00 and as stated in Provision No. 3.12. The Contracting Officer has determined that orders under an indefinite cuantity contract in any one year will 4__/
will not / x / exceed 5100,000.00.
NO. 4.0 - PATENT AND COPYRIGHT PROVISIONS:
Unless specifically deleted as stated at the end of this Apoendix B, all of the General Provisions in the number 4 series apoly to this contract.
H0. 5.0 - FINANCIAL AND TERMINATION PROVISIONS:
Unless specifically deleted as stated at the end of this Appendix 3, all of the General Provisions in the number 5 series acply to this contract.
- NOTWITHSTANDING THE FOREGOING THE FOLLOWING NUMBERED PROVI AND 00 NOT APPLY TO THIS CONTRACT.
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