ML20137R873
| ML20137R873 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1986 |
| From: | Hagan T, Lynn D NRC OFFICE OF ADMINISTRATION (ADM), ON-LINE COMPUTER SYSTEMS, INC. |
| To: | |
| Shared Package | |
| ML20137R843 | List: |
| References | |
| CON-FIN-D-1418, CON-NRC-33-86-268 NUDOCS 8602130447 | |
| Download: ML20137R873 (39) | |
Text
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los DAT ED (885 ITKat # a1 CODE lF ACILITY CODE 11 THIS ITEM ONLY AP' LIES TO AVENDMENTS OF SOLICIT ATIONS The abow numbered sol. citation es amenoec as set fo,th in tiem 14 The hour and date soeci'and for ,*ceipt o. Offe's is e n tend.d. as no e.
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- 2. Page 8, paragraph E, Optional Services. Delete the third sentence of the second paragraph and substitute with the following:
"The contractor must submit technical and fixed price proposals fcr performance of these services within 10 calendar days after receipt of HRC's request."
- 3. Pcge 44, paragraph L.8, Clause 52.216-1 Type of Contract. Delete the words " combination" and " nd cost plus fixed fee "
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r= -_ _ sun,or . - . - - _ _ . . - - ., er 000mMUATION SHEET 2 46 eAen p5AME OF OFFE ROR OR CO*eT R ACTOR ITEM NO. SUPPLIES /sE HVICES OUANTITY UNIT UNIT PRICE AMCUNT Section B - Supplies or Services and Prices / Costs ESTIMATED l Monthly Recur ring Prices)
- 1. Unlimited CPU Usage (approximately 10 ports) 24 M0 $ $
- 2. Unlimited Connect Time (approximately 24 M0 $ S 10 ports)
TOTAL AMOUNT (BASIC) $ 113.841.00
- Option Year
. ESTIFMTED l Monthly R 2 cur ring Prices)
- 1. Unlimited CPU Usage (approximately 12 ports) 12 M0 5 $
- 2. Unlimited Connect Time (approximately 12 !!0 $ $
12 ports) TOTAL AMOUNT (OPTION) $.83,177.00
- The above items shall be priced on a fixed price basis and shall therefore remain unchanged throughout the term of the cant.ract2.
Prices should include software maintenance, support services, charges for recurring < printoutsand other support described under paragraph C.l.3.A., as well as work perfonned under paragraphs C.I.3.C and C.l.3.D.
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PangesCPRIS3111
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ORM-85-335 Page 3 Section B.- Supplies or Services and Prices / Costs B.1 Brief Description of Work The Nuclear Regulatory Commission requires scftware maintenance, su and timesharing services for the Integrated Library System (ILS)gort 6s installed and subsequently enhanced. Additional related services shall be provided as required on a task order basis.
'B.2 Remittance Address If item 15c. of the Standard Form 33 has been checked, the affaror shall enter the remittance address below.
Name: Address: Section C - Description / Specifications / Work Statement C.1 Scope of Work C.I.1 Background The Library of the Nuclear Regulatory . Commission provides library services for the NRC staff in the Washington, D.C. metropolitan area and provides library support service to NRC personnel at offsite libraries t and Regional offices. The library collection contains approximately 21,000 book titles (31,000 copies) and 1,000 periodical titles. In 1983, the Nuclear Regulatory Commission Library acquired a licensa for Version 2.2 of the public-donain Integrated Library System (gS"'), that had been developed by the National Library of Medicine. ILS is a minicomputer-based, fully integrated library system owned by the Federal Government and licensed through the National Technical Information Service. The system was installed by a contractor on an offsite minicomputer , accessible by NRC in a timesharing mode. All available subsystems were made fully operational _ and are now in daily use in the- NRC Library.
ORM-85-335 Page 4 These subsystems of ILS are: catalog access, bibliographic control, circulation, serials control, and administrative. Because catalog records are input to one Master Bibliographic File, the system is central to all NRC library operations. In 1984, the contractor gvided special programing to enable the Library to update its ILS patron file on a regular basis using a current NRC telephone master tape to ensure correct names and addresses of patrons. The NRC Library is a participant, through the Federal Library and Infomation Center Comittee (FLICC), in a contractual, fully gnded, cooperative effort to complete the acquisitions subsystem of ILS . In addition to the NRC, the other Federal agencies involved are the National Security Agency, Pentagon Library, and Walte'r Reed Army Institute of Research. The completed acquigtfons subsystem will be added to the public-domain Version 3.0 of ILS and will be installed in the respective libraries. The NRC Library has acquired the M300 Workstation, which includes an IBM Personal Computer, from OCLC (Online Computer Library Center, Dublin, Ohio) to provide access to the shared cataloging records in the OCLC union catalog. NRC's contractor has prgvided programming services to implement interface between OCLC and ILS The ILS D sof tware is written in the high-level programing languane, MIIS (Meditech Interpretive Information System), a dialeg of MUMPS (Massachusetts Utility Mul ti-Programing Systems). ILS software requires a unique operating system, also called MIIS. The liceng
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General Eclipse series, Digital Equipment Corporation PDP-Il series, and IBM series 1. Because the NRC does notyhave a minicomputer dedicated to the MIIS operating system, the ILS"' is currently operating in a time-sharing mode with eight active ports to permit use of 6 CRT terminals, the M300 workstation and a printer. The minicomputer now in use is a Data General MV6000. The estimated average megabytes during 1985 was 60 per month. This estimate is not expected to exceed 68 megabytes during the-term of the contract. Telecommunications with current contractor are through paired MICOM 8-port multiplexors and high-speed modems with one set at contractor's mf nicomputer site. The multiplexors and modems are owned by the NRC. During the period of the contract it is expecgd that the NRC Library will upgrade the system to Version 3.0 of ILS . This will require special programing to permit conversion of carts to locations. The NRC Library will also have installed and implemented the developed and tested acquisitions subsystem, as well as an enhanced serials control subsystem developed recently at the Pentagon Library. Upgrading and enhancing the system will require careful cooperation from the contractor and expert advice in such matters as reindexing and new data entry procedures. (Contractor should refer to paragraph C.I.3.E for further description of these nptional services.)
r ORM-85-335 Page 5 It is also expected that additional dial access (2-4 ' ports) will be required to enable other NRC locations, including the Regional offices to query the NRC Library system. C.I.2 Objective The Library of the Nuclear Regulatory Commission requires ' sof tware timesharing services for the Integrated maintenance Library Systemand sug)rtasand (ILS. installed in 1983 and subsequently enhanced. The contractor shall install and implement specific future enhancements. 1.3 Statement of Work A. ILS D Applications Software Support The contractor shall provide the necessary personnel, equipment ag facilities to provide maintenance and support for the ILS applications software now installed and implemented for use by the NRC Library. The contractor shall perform maintenance services which include problem analysis, error correction, correction of design constraints and bugs, file backup and retrieval, file sizing adjustments, application of minor software changes and user liaison. ILS D support services to be provided by the contractor include ILS-related cataloging support, training, development of user's manuals, and ILS-software testing and evaluation. In addition, printouts are now ~ needed of library serials as follows: routing list (quarterly), publisher list (semi-annual), expiration list (monthly), holdings list (quarterly). Printouts are also required of books as follows: semi annual offline printed lists of library holdings arranged by title, personal
- name, subject heading and call numbers.
- Recurring monthly updating of patron file requires mounting of NRC's master telephone tape by contractor and generation of two reports:
list of patrons by _name and list of patrons by similar names. The master telephone tape is a 9-track standard-labeled 1600 BPI tape. The record format is fixed length records, blocked, the record 1ength is 80, and the blocksize is 480. The contractor sgil provide technical assistance for the day to day
- operation of ILS and provide necessary modifications or additions to the ILS software. This support requires knowledge of and experience with the MIIS/ Mumps language and the OCLC/ILS interface.
The programer / analyst, designated by the contractor, shall be the , primary contact with NRC for support services. The I pro'grammer/ analyst ~ shall provide on-call maintenance and support within three working hours of notification by the NRC Project Officer.
ORM-85-335 Pagm 6 All software and documentation of the ILSTM as installed in the NRC Library and any produced under this contract will remain the property of themNRC Li bra ry. The contractor shall update and maintain the ILS"' file documentation and make it available to the NRC on request. All software modified and developed under the contractprior Officer shall tobe coordinated installation byNRC in the the contq3ptor with the Project ILS system. B. Task Order Effort The contractor shall provide ILS-related installation advice on NRC-owned equipment at NRC sites as required on a task order basis. Additional NRC requirements wi. thin the scope of this contract will be on an NRC issued task order basis and will be defined and communicated in writing to the contractor and will specify the services to be provided, deliverables, schedules and resource allocations. The contractor shall, as required, provide offline prints, special programming for additional reports, etc. Costs associated with tasks will be negotiated on a task by task basis. Refer to Section G.1 for task order procedures. ( C. MIIS Operating System The contractor shall provide services to the NRC Library to maintain and resolve any problems with the MIIS operating system, including the following:
- 1. Diagnose operating system problems as reported by NRC staff.
- 2. Obtain NRC Project Officer's approval prior to contacting operating system vendor to remedy problems, as necessary.
- 3. Restore operating system if system crashes.
- 4. Necessary follow up with operating system vendor on all problems shall be coordinated with and approved by the NRC Project Officer.
- 5. Install any updates to operating systems.
6. Serve as liaison for all questions and problems the NRC Library may have regarding the operating system. The contractor shall correct system problems within three working days of notification by the Project Officer.
ORM-85-335 Page 7 D.- Timesharing Computer Services The contractor shall provide to the NRC gervices in a timesharing mode for access to and operation of ILS T on a minicomputer which will run the MIIS operating system. The NRC requires that the ILS be available between the hours of 7:15 a.m. and 6:00 p.m. on each of NRC's normal work days. Refer to Section F.4 and Attachment 3. In addition, computer services shall be made available on Saturday, Sunday, and holidays upon not less than 24 hours notification by the Project Officer. The standard of computer availability (uptime) of the ILS system to
.the NRC library staff has been set at 96% during NRC's normal work days. The following fannula will be applied by the NRC. to assess costs for any tunth when unexcused downtime exceeds 4%. The total monthly recurring price for unlimited connect time shall be determined by use of the following formula:
Unlimited connect time = Contractually stated unlimited connect time charge X E-F E Definitions A= Hours of service requested by NRC as determined by project officer . ledgers 8= Hours service not performed due to causes beyond the control and without fault or negligence of the contractor. (See paragraph C of the contract clause " Default"). C=A - B = Hours contractor could have performed the service D= 96% = Service uptime standard E=C X D = Service hours required of contractor F= Hours that service was not available that are not classified as item B above (unexcused downtime hours) The contractor must provide computer security, back-up and recovery techniques to minimize the effects of any failures. These include programs and procedures which protect the NRC Library from loss or damage to its machine readable database. The contractor will be required to have the capability of activating 2-4 additional ports (est. 2 ports by December 31, 1986) to accommodate dedicated or dial-up access from other NRC sites with simultaneous users. System response time shall be not more than six (6) seconds. i i A
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ORM-85-335 i Pag? 8 E. Optional Services Thecontractorshj.glinstallandimplementVersion3.0ofthe public-domain ILS
, (including conversion from the cart system to location handling) the enhanced serials control subsystem and the developed acquisitions subsystem. The contractor shall ensure a smooth transition to new versions and enhancements and shall modify them as necessary to meet specific NRC Library needs.
These services are established as unpriced options hereunder which may be exercised at the discretion of the NRC through issuance of contract modification citing the authority of this clause. Prior to exercising this option, the NRC C.0. will request a proposal from the contractor. The contractor must submit technical and cost proposal for performance of these services within 10 calendar days after receipt of NRC's request. If after exhausting all reasonable efforts, the C.O. and contractor fail to reach agreement as to cost or fee, the C.O. may determine a reasonable cost and fee, subject to appeal as provided .in the Disputes clause, issue a contract modification exercising this option and the contractor shall proceed with this work within the limitations stated in the modification. Section D - Packaging and Marking The Contractor shall use standard commercial packaging for all items to be delivered. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided. O
- E
ORM-85-335 Page 9 Section E - Inspection and Acceptance E.1 FAR Citations 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR 1984) (a) Definitions. " Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work perfonned by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and' tests in a manner that will not unduly delay the work. (d) If any of the services do not confonn with contract requirements, the Government may require the Contractor to -perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. (e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services that is directlyand charge related to performance to the the Contractor any cost of such incurred service by )the Government or (2 tenninate the contract for default. (End of clause) (R 7-1902.4 1971 NOV) 52.246-5 INSPECTION OF SERVICES--COST-REIM8URSEMENT. (APR 1984) (a) Definition. " Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and . tests in a manner that will not unduly delay the work. (d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be correctd by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.
ORM-85-335 Pag 210 (e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in confomity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) teminate the contract for default. (End of clause) (R 7-1909.5 1971 Nov.) 0 6-4 0 0
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ORM-85-335 Page 11 Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items F.1.1 The contractor shall submit one copy of the following reports on a monthly basis to the Project Officer:
- A list of patrons by name A list of patrons by similar names Note: The above reports will be generated by recurring monthly updating of patron files that require mounting of NRC master telephone tape by the contractor. Refer to Section C.1.3.A.
A pggress report specifying any significant changes or events in ILS as implemented by NRC, problems reported by NRC and actions taken by the contractor to resolve such problems. F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to: U.S. Nuclear Regulatory Comission Attention: Ms. Margaret Conyngham Office of Administration Division of Technical Information and Document Control Library Branch Mail Stop: Library 160 Washington, D.C. 20555
- Project Officer (1 copy of each report)
Division of Contracts (1 copy) F.3 Duration of Contract Period The performance of work described herein shall commence as of the effective date of this contract and shall expire 24 months thereafter. In accordance with Section I, FAR 52.217-9, the term of the contract may be extended at the option of the Government for one additional year. If the Government exercises such option, the total duration of this contract, including the option period shall not exceed three years. F.4 Delivery Requirements The contractor shall meet the following delivery schedule:
- ILS Applications Software Support: Support services (including on-call maintenance) shall be responded to within three (3) working hours (8:30 a.m. to 5:00 p.m.) of notification by the Project Officer.
ORM-85-335 Page 12
- MIIS Operating Syste'm: Any problems with this system shall be resolved within three (3) working days of notification by the Project Officer (Monday through Friday).
- Time Sharing Computer Services: The ILS shall be available between the hours of 7:15 a.m. and 6:00 p.m. , on each normal Federal Government workday throughout the term of the contract. In
, addition, computer services shall be availaole on Saturday, Sunday, and Federal Government holidays upon not less than twenty-four (24) hours notice. See Attachment 3 for if sting of Federal Government holidays.
Section G - Contract Administration Data G.1 Task Order Procedures Task Orders for services hereunder shall be issued at the sole option of the NRC. The contractor shall be obligated to perform the services specified in each Task Order issued under the terms of the contract. The type of contract for each task order issued shall be negotiated and mutually agreed upon. The Government reserves the right to withdraw a proposed task order at any time prior to its formal awarJ. Task Orders for services required hereunder shall be issued in writing e by the Contracting Officer and will be numbered consecutively with a three-digit number beginning with "001" (with appropriate prefixes and suffixes for NRC control purposes). A definitive performance schedule shall be incorporated into individual Task Orders issued under this contract.
- 1. Statement of Work and Deliverables.
- 2. Period of Performance
- 3. Name of Technical Contact
- 4. Reporting Requirements (if any)
- 5. Type of Contract (to be incorporated in definitized task order) ..
- 6. Applicable Security Requirements and/or Privacy Act Considerations
- 7. Response Date for Receipt of a Bonaffde Proposal
- 8. Special Terms and Conditions, as Applicable. -
G.I.1 Content of Task Order Proposal Technical Proposal The task order technical proposal shall, when applicable, substantiate the Contractor's understanding of the requirements of the task order,
1 ORM-85-335 Page 13 The Contractor shall, when applicable, state its objectives, methods and any other information explaining how the task will be accomplished. M personnel shall be identified in each proposal. Any exceptions or . deviations to the period of perfonnance or reporting requirements shall also be noted. G.I.2 Cost Proposal Using SF 1411. Contract Pricing Proposal, each task order cost proposal shall be fully supported by cost and pricing date adequate to establith the reasonableness of the proposed amounts. The following inforwatton shall be provided in each cost proposal:
- a. Labor by categories and estimated hours.
- b. ' Estimated material costs, when applicable.
- c. Estimated travel costs, when applicable.
- d. Total estimated cost for each task order.
The contractor shall submit his proposal for each proposed task to the location (s) specified in the request within the allotted time period. Following negotiation of the - Contractor's task order proposal, the Contracting Officer will issue a formal, definitized Task Order. The Contractor shall not commence work prior to receipt of a definitized task order signed by the Contracting Officer. Only Contracting Officers of the U.S. Nuclear Regulatory Commission may authorize the initiation of work under this contract. The provisions of this contract shall govern all task orders issued hereunder. G.I.3 Task Order Ceilings - Cost Plus fixed Fee The total estimated cost negotiNed for each task order shall be incorporated in the definitized task order and shall constitute the ceiling for that task order. The Government reserves the right to negotiate a separate fixed fee on an individual task by task basis. The contractor agrees to use his best efforts to perform the work specified in each task order .and all obligations under this contract within such established ceilings. The contractor shall promptly notify the Contracting Officer in writing whenever he believes that the estab11shed ceiling for any task order is insufficient. When and if the amount (s) paid and payable to the contractor under such task order shall equal the established ceiling, the contractor shall not be obligated to perform further unless the Contracting Officer increases such ceiling. The government shall not be obliged to pay the contractor any amount in excess of such ceiling. If, and to the extent, that such ceiling has been increased, any cost incurred by the contractor in performance in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling. The contractor, may at his option, vary the proportional
ORM-85-335 Page 14 distribution of hours among the labor categories specified in the task order, provided that the total dollar ceiling is at no time exceeded. G.1.4 Fixed Price Task Orders Fixed amount (s) shall be reflected on each fixed price task order. The contractor shall satisfactorily perform the services required at the agreed fixed price (s). G.2 ObligationAmount(CPFF) The amount presently obligated with respect to this contract is $ * . This obligation amount may be unilaterally increased from time to time by the Contracting Officer by written notice to the contractor. The obligation amount shall, at no time, exceed the contract ceiling as specified in G.4 below. When and if the amount (s) paid and payable to the contractor hereunder shall equal the obligation amount, the contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the contractor in excess of the obligation amount specified above is done so at the contractor's sole risk.
- To be incorporated into resultant contract.
G.3 Contract Ceiling Amount i The total amount of this contact for the delivery and acceptance of the products / services stipulated herein is * . The amount of funds presentiy available for performance under this contract are * . The contractor agrees to perform the work specified in the schedule and all obligations 0 0
ORM-85-335 Page 15 under this contract within the ceiling price. The ceiling may be increased by the Contracting Officer at his discretion from time to time by written notice to the contractor.
- To be incorporated into any resultant contract.
G.4 Overhead / General and Administrative Rates (CPFF) A. 'Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable* indirect costs hereunder at the provisional rate of
- percent of .
B. Pending the establishment of final general and administrative rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of
- percent of
- C. Pending the establishment of final fringe benefit rates which shall be negotiated based on audit of actual costs, the contractor shallbe reimbursed for allowable fringe benefits costs hereunder at the provisional rate of
- percent of direct labor.
C. Notwithstanding A. and B. and C. of this Section, said provisional overhead, G&A and fringe benefit rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.
*To be incorporated into any resultant contract.
G.5 Project Officer A. The individual (s) listed in."8'1 below is (are) hereby designated as 4 the Contracting Officer's authorized representative (hereinafter called Project Officer).for technical aspects of this contract. The Project Officer is not authorized to a) prove or request any action which results in or could result in an nncrease in contract cost; or terminate, settle any claim or dis )ute arising under the contract, or issue any unilateral directive w1atever. The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recompending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) perfonning 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
ORM-85-335 Page 16 authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit recommendations for approval, disapproval, or suspension for supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract. For guidance from the Project Officer to the Contractor to be valid, it must: (1) be consistent with the 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 ba' sis for any increase in - the contract cost. B. Name and Mail Code:
- Office Address:
- Telephone Number: *
- To be incorporated into any resultant contract G.6 Technical Direction (CPFF)
A. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.6 of this contract. The term ' " Technical Direction" is defined to include the folicwing:
- 1. Technical direction to the Contractor which shifts work emphasis between areas of work or - tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual ' scope of work.
- 2. Providing assistance to the Contractor in the preparation of drawings , specifications or technical portions of the work description.
[ 3. Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract. B. 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.
l i l . . t
ORM-85-335 Page 17
- 2. . Constitutes a change as defined in -the clause of the General Provisions, entitled " 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 contract performance.
- 4. Changes any of the expressed terms, conditions or. specifications of the contract.
C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED 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 promptly with the perfonnance of technical directions . duly issued by the Project Officer in the g 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 Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or ' advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does - not constitute a change 'under the Changes Clause. D. Any unauthorized comitment' or', direction issued by the Project Officer may result in 'an unnecessary delay in ' the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract. 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." G.7 Payment Due Date (CPFF) (a) Payments under this contract will be due 30 calendar days after the later of:
ORM-85-335 Page its (1) The date of actual receipt of a proper invoice (original and 4 copies) to: - U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: G0V/COM Accounts Section Washington, D.C. 20555 or (2) The date the final deliverable product / service is accepted by the Government. (b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service performed in accordance with the terms of the contract. (c) If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph (b) of this caluse will apply to the new delivery of the final product / service. (d) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.
. G.8 Payment Due Date (Fixed Price)
(a) Payments under this contract will be due 30 calendar days after the later of: (1) The date of actual receipt of a proper invoice (original and 4 copies) to: U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555 or (2) The date the supplies are accepted by the Government. (b) For the purpose of detennining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of these supplies in accordance with the terms of the contract.
I a ORM-85-335 Page 19 (c) If the supplies are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies. p ' (d) The.date of payment by wire transfer through the Treasury Financial Communications. Systems shall be ccasidered the date payment is made
- for individual payments exceeding $25,000. The. date a check is issued shall be considered the date payment is made for individual i payments of $25,000 or less.
' G.9 Payment Invoice Requirements
, G.9.1 Cost Plus Fixed Fee Task Orders 4 The contractor shall be paid an amount approved by the Contracting Officer after submitting an invoice for allowable costs incurred on each task order on a monthly basis. The invoice shall identify the individuals working on the task order, their hourly rate, indirect , charges, any material charges and fee. The contractor must maintain records which may be used to substantiate vouchers by evidence of. actual payment and by individual daily job timecards, or such other i substantiation approved by the Contracting Officer. Promptly after receipt of such substantiated voucher, the government shall, except as otherwise provided in this contract, make payment thereon as approved by the Contracting Officer. Additional provisions relating to payment for cost plus fixed fee task orders are contained in Section I, Clauses 52.216-7 and 52.216-8. G.9.1.1 Fee Retention Provisions for Cost Plus Fixed Fee Task Orders For cost plus fixed fee task orders, after payment of 85 percent of the fixed fee set forth in each' task order, the Contracting Officer will withhold further payment .of fee. Such amounts withheld shall be retained until the execution and delivery of a final release by - the contractor for all work performed under the contract. The total combined amount withheld pursuant to cost plus fixed fee task orders shall at no time exceed $25,000.00.
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G . 9.1. 2 - Fixed Price Task Orders i- The contractor shall be paid, upon the submission of a proper invoice, the price stipulated. on each task order for services - i rendered and accepted - by the Project Officer. Unless otherwise l approved by the Contracting Officer, billing for fixed price t'ask l~ orders shall not be initiated by the contractor until final delivery i is made and NRC acceptance obtained for the services performed. l t i [ w
ORM-85-335 Page 20 G.10 Invoice Requirements for Cost Plus Fixed Fee Task Orders Invoices shall be submitted in an original and four copies to the U.S. Nuclear Regulatory Commission, Division of Accounting and ' Finance, Office of Resource Management, Attention: GOV /COM Accounts Section, Washington, D.C. 2055. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
- 1. Name of the business concern and invoice date.
- 2. Contract number or other authorization fer delivery of property or services.
- 3. Description price and quantity of property and services acutally delivered or rendered.
4 Shipping and payment terms.
- 5. Name (where applicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.
- 6. Other substantiating documentation or information as required by the contract, including:
- a. Task order number
- b. Total cost, total fee and total task order amount
- c. Total cost, total fee and total task order amount expended to date
- d. Total cost, total fee and total task order cumulative amount expended during reported, billing period
- e. Personnel charges used to derive cost ficures during reported billing period
- f. Listing of direct cost contributing toward total cost for billing period l
l l l
ORM-85-335 Page 21 G.11 Interest on Overdue Payments (CPFF) (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken discounts. (b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that: (1) Interest. penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract. (2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date. (c) For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract. G.12 Interest on Overdue Payments (Fixed Price) (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts. (b) Determinations of interest'due. will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that: (1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract. (2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.
ORM-85-335 page 22 Section H - Special Contract Requirements The contractor shall also accept the GSA negotiated Basic Agreement provisions as set forth in Attachment 6. H.1 Key Personnel (a) The following individuals are considered to be essential to the successful performance of the work hereunder.
- To be incorporated into any resultant contract The Contractor agrees that such personnel shall not be removed from the contract work or replaced withcut compliance with paragraphs (b) and (c) hereof.
(b) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall insnediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. (c) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and other information requested by i the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing. l (d) If the Contracting Officer determines that suitable and timely l replacement of key personnel who have been reassigned, terminated or l have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive l effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be tenninated by the l Contracting Officer for default or for the convenience of the j Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the .Cohtractor at fault for the condition, the l contract price or fixed fee may be equitably adjusted downward to l compensate the Government for any resultant delay, loss or damage. (e) The contractor shall ensure that support personnel of the same level and type of qualifications and experience are available through the l contract term. l l . .
ORM-85-335 Page 23 H.2 Dissemination of Contract Information (OMB Clearance Namber 3150-0112) The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral or written, concerning the work performed under this contract without the prior written consent of the Contracting Officer. Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer. Failure to comply with this clause shall be grounds for termination of this contract. H.3 Private Use of Contrar.t Information and Data Except as otherwise specifically authorized by Section H., publication of contra'ct work of this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under.this contract. H.4 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Comission plans, policies, reports, financial plans, internal data protected 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 Comission to be otherwise exempt from disclosure to the public. Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perform the work under this contract. Contractor agree to return such information to the Commission or otherwise dispose of it either as the Contracting Officer may from time to time dire'ct during the progress of'the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. Failure to comply with this clause shall be grounds for termination of this contract. H.5 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112) (a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractucl, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over ott. parties by virtue of its performance of this contract.
ORM-85-335 Page 24
., (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 920-1.5402(f) in the activities covered by this clause.
(c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract,- the Contractor agrees ' to forgo entering into consulting or other contractual arrangements with any finn 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 clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the
, Contracting Officer prior to execution of such contractual arrangement.
(d) 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 CFR20-1.5402(a). (2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government. (e) Access to and use of information. (1) If the- Contractor in the performance of this contract obtains access to infonnation, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act
- of 1974 (Pub. L. 93-579), or data which has not been released to the l public, the Contractor agrees not to
l (i) Use such infonnation for any private purpose until- the infonnation has been released to the public; i (ii) compete for work for the Commission based on such l information for a period of six (6) months after either the
- cornpletion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on l such information until one year after the' release of such information to the public, or
ORM-85-335 Page 25 (iv) release the information without prior written approval by the Contracting Officer unless such irformation 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 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 provisions of this contract, the right to use technical data it produces under this contract for pr.. ate purposes provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " con tract ," " Contractor," and
" Contracting Officer," shall be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above prescriptions 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 teminate 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.
H.6 Detennination of Minimum Wages and Fringe Benefits Each service enloyee employed in the performance of this contract by the contractor or any sub-contractor shall be paid the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits under Wage Determination Number 80-1294 (R-17) dated May 24, 1985 and attached hereto as Attachment number 5. H.7 Method of Payment (a) Payment under this contract.will be made by a wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
ORM-85-335 Page 26
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(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.
- 1. Name and address of organization
- 2. Contact person and telephone number
- 3. Na'e m and address of financial institution
- 4. . Financial institution's 9-digit ABA identifying number for routing transfer of funds
- 5. Telegraphic abbreviatio,n of financial institution
- 6. Account number at 30ur financial institution if your financial instituion receives electronic funds transfer. messages through, the Federal Reserve Connunications System
- 7. Name and address of the correspondent financial institufo9 if your financial institution does not receive electronic funds transfer messages through, the Federal Reserve Communciations System
- 8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds
- 9. Telegraphic abbreviation of correspondent financial institution
- 10. Signature and tit 1> of person supplying this information (c) Any changes to the inf >cmation-furnished under paragraph (b) of this j clause shall be furnf,ned to the Contracting Officer in writing. It is the Contractor's er.gonsibility to furnish these changes promptly to I
avoid payments to erroneous bank accounts. ( l 1 i l l-
i
- ORM-85-335 Page 27 PART II - CONTRACT CLAUSES i
Section 1 -- Contract Clauses 52.217-9 OPTION ' EXTEND THE TERM OF THE CONTRACT--SERVICES. (APR 1.984) (a) The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not comit the Government to an extension. ,
- (b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, includin options under this clause, shall not exceed three (3)gyears. the exercise of any i (Endofclause) i (R 7-104.27(c))
'U R 1-1.-1508-2(d))
FPR TEMP. REG 76 SERVICE CONTRACT ACT l (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4). (b)(1) Each service employee employed in the performance of this contract by .- the contractor or any subcontractor shall be paid not less than the minimuir
. monetary wages and shall be furnished fringe benefits in accordance with the
!- wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this i contract.
\
f (2)(1) If there is such a wage determination attached to this contract, the contracting officer shall require that any class of' service employee which is ) not listed.therein and which is to be employed under the contract (i.e., the ; work to be performed is not performed by any classification listed in the wage l
. determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such-
[ conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. j ' (The information collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under 0MB control number 1215-0150.) (ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written
- report of the proposed conforming action, including information regarding the i
agreement or disagreement of the authorized representative of the employees l involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract L -_
ORM-85 335 7 Page 28 work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recomendation and all pertinent information including the position of the contractor and the
, employees, to. the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage detemination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic , to the establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between jrb classifications based on the skill required and the duties perfonned. (B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) perce'ntage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance I with this paragraph prior to the performance of contract work by the unlisted class of employees, the contractor shall advise- the contracting officer of the action taken but the other procedures in paragraph (b)(2)(ii) of this section need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. l
ORM-85-335 Page 29 (v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of'this section shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) 'Upon discovery of failure to comply with paragraph (b)(2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differentiti payments in cash in accordance with the applicable rules set forth in Subpart D of 29 CFR Part 4, and not otherwise. (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the~ minimum wage specified by section 6(a)(1) of the Fair Labor Standard Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any otner obligation under law or contract for the payment of a higher wage to any employee. l (2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as = 'nded, under which substantially the same services were furnished in the sar 4 ality and service employees were paid wages and fringe berefits provided f r in - ollective bargaining agreement, in the absence of the minimum wage attachi. . . u this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provicid for in such collective bargaining agreements, to which such employee would have been ! entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of-j 64.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his
- authorized representative finds, after hearing as provided in 64.10 of 29 CFR l Part 4 that the wages and/or fringe benefits provideo for in such agreement are
ORM-85-335 Page 30 substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 64.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not en.tered.into as a result of : arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8,that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determ'1ation shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401(1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final Administrative decision. (e) The contractor and any subcontractor under this contract shall notify each service employee comencing work on this contract of the minimum monetary wage and any fringe benetits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by - the Department of Labor (Publication WH 1313) shall be posted in a promir.ent and accessible place at the worksite. Failure to comply with this requirement is a. violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215-0150). ' (f) The contractor or subcontractor shall not pennit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided t'y or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division,' Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(i) through (iv) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0159). i (i) Name and address and social security number of each employee. I
ORM-85-335 Page 31 (ii) The correct work classification or classifications, rate or rates of monetary wages . paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant
' to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) C this section shall be deemed to be such a list.
(vi) Any list of the predecessor contractor's employees which ha e been furnished to the contractor pursuant to 64.61(1)(2). (2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting i officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (a) The contractor shall permit authorized' representatives of the Wage and Hour Division to conduct interviews with employee's at the worksite during normal working hours. (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as j otherwise provi 'M by law or Regulations, 29 CFR Part 4), rebate, or kickback or l any account. Sw n payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. - A l pay period under this Act may not be of any duration longer than semi-monthly. (i) The contracting officer shall withhold or cause to be withheld from the. Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until
ORM-85-335 Page 32 such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for. termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. . (j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The tenn " contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in. the term " Government prime contractor." (k)(1) As used in these clauses, the term " service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Par: 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any substquent revision of those regulations. The term " service employee" includes all such persons .regardless of any contractual relationship that may be alleged to exist between a, contractor or subcontractor and such persons. * (2) The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the contract with the Government would be subject, if ersoloyed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: Monetary Employee Class Wage-Fringe Benefits Programmer Cataloger (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer,-together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such repor', shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the p':riod of contract performance, such
ORM-85-335 Page 32 agreements shall be reported promptly after negotiation thereof. (Approved by the Office of Management and Budget under OMB control number 1215-0150.) (2) 'fot less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (4.173 of Regulations, 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of Management and Budget under OMB control number 1215-0150.) (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4 (n)(1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person (and officials or firm who hasthereof) a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act 'of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
ORM-85-335 Page 34 (2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525). (3) ' The Administrator will also withdraw, annul, or cancel such certificates ie, accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations. (p) Apprentices will be permitted to work at less .than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registr. red with a State Apprenticeship Agency 4 which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprantice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. (q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of 'the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1,1980, and $1.34 per hour after December 31, 1980. To utilize.this proviso: (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized. (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received): (3) The employer must be able to show by records that the employee receives at least the appifcable Sevice Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under 0MB control number 1215-0017); (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.
ORM-85-335 Page 3b (r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, the employees ~or their representatives. (FPR Temporary Regulation 76) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 1986. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 1986, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) (SS 7-104.91(b) 1975 JUN)
ORM-85-335 Page 36 SECTION I - CONTRACT CIAUSES I.1 CIAUSES INCORPORATED BY REFERDGE
'Ihis contract inwrporates the following clauses by reference, with the same force and effect as if they wre given in full text. Upon request, the (bntracting Of ficer will make their full text available.
I. FEDERAL ACCOISITICN REEUIATION (48 CFR GAPIER 1) CIAWES
- 1. 52.202-01 DEFINITICNS ( APR 1984)
- 2. 52.203-01 OFFICIAIS TOT 'ID BDJEFIT (APR 1984)
- 3. 52.203-03 GRA'IUITIES ( APR 1984)
- 4. 52.203-05 00VENNIT AGAIt&T CDNTItGENT FEES (APR 1984)
- 5. 52.215-01 EXAMINATICN OF RECORDS BY CCMPTROLLER GENERAL (APR 1984)
- 6. 52.215-02 AUDI'It-NDGOTIATION ( APR 1984)
- 7. 52.215-22 PRIG REDUCTICN EDR DEFECTIVE COST OR PRICItG DATA (APR 1984)
- 8. 52.215-24 SUBCONTRACIOR COST OR PRICING IRTA ( APR 1984)
- 9. 52.215-30 FACILITIES CAPITAL CDST & tONEY (APR 1984)
- 10. 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MCNEY ( APR 1984)
- 11. 52.219-08 UTILIZATICN OF SMALL BUSINESS CDNGRPG AND SMALL DISADVAhTAGED BUSINESS CONCERNS ( APR 1984)
- 12. 52.219-09 SMALL BUSINESS AND SMALL DISAIVNTIAGED BUSINESS SUBCONTRACTING PLAN ( APR 1984)
- 13. 52.219-13 UTILIZATICN & WCMEN-Of4ED SMALL BUSINESSES (APR 1984)
- 14. 52.220-03 UTILIZATION OF IABOR SURPLUS ARFA CONCERNS (APR 1984)
- 15. 52.220-04 IABOR SURPLlE ARFA SUBC0NTRACTItG PROGRAM (APR 1984)
- 16. 52.222-01 NOTICE 'IO ' DIE GOVERt@ENT OF IABOR DISPUTES (APR 1984)
- 17. 52.222-03 CDNVICT IABOR (APR 1984)
- 18. 52.222-26 EQUAL OPPORIUNITY (APR 1984)
- 19. 52.222-29 PUTIFICATICN OF VISA DWIAL ( APR 1984)
- 20. 52.222-35 AFFIRMATIVE ACTICN EDR SPDCIAL DISABLED AND VIEINAM ERA VETERANS (APR'1984)
- 21. 52.222-36 AFFIRMATIVE ACTICN EDR HANDICAPPED WORKEHS ( APR 1984)
- 22. 52.223-02 CIENJ AIR AND WATER (APR 1984)
- 23. 52.224-01 PRIVACY ACT NOTIFICATION ( APR 1984)
- 24. 52.224-02 PRIVACY ACT (APR 1984)
- 25. 52.225-07 BAIANCE OF 4%YMDITS PIOGRAM ( APR 1984)
- 26. 52.225-11 CERTAIN CCMMUNIST AREAS (APR 1984)
- 27. 52.227-03 PATENT INDmNITY ( APR 1984)
- 28. 52.229-03 FEDERAL, STATE AND ILCAL TAXES ( APR 1984)
- 29. 52.229-05 TAXES-CDNTRACIS PERFORMED IN U.S. POSSESSICNS OR PUERID- RICD (APR 1984)
- 30. 52.229-06 TAXES-FDREIGN FIXED-PRICE CONTRACTS ( APR 1984)
- 31. 52.230-03 COST ACCOLWTItG STNJD4RIS ('APR 1984)
- 32. 52.230-04 ADMINISTRATION OF COST ACCOUPTTItG STANIRRDS ( APR 1984)
- 33. 52.230-05 DISCLOSURE AND CONSISTDGY OF COST ACCOUNTItG PRACTICES (APR 1984)
- 34. 52.230-06 CDNSISTENCY IN CDST ACCOUNTItG PRACTICES (APR 1984)
- 35. 52.232-01 PAYMDTIS (APR 1984)
- 36. 52.232-08 DISCOUNIS FOR PROMPT PAYMENT (APR 1984)
- 37. 52.232-09 LIMITATION ON WI'DiHOIDItG OF PAYMD(IS ( APR 1984)
- 38. 52.232-11 EXTRAS (APR 1984)
- 39. 52.232-17 INTEREST ( APR 1984)
ORM-85-335 Page 37 SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY R~FERENCE (Cont'd.) I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES (Con
- 40. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
- 41. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) (to be completed by agenc
- 42. 52.232-23 ASSIGNMENT OF CLAIMS (APR 1984)y, if applicable)
- 43. 52.233-01 DISPUTES - ALTERNATE I-(APR 1984)
- 44. 52.243-01 ~ CHANGES-FIXED PRICE - ALTERNATE II (APR 1984)
- 45. 52.244-05 COMPETITION IN SUBCONTRACTING (APR 1984)
- 46. 52.249-04 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (
(SHORT FORM) (APR 1984)
- 47. 52.247-34
- 48. 52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
F.0.8. DESTINATION (APR 1984)
- 49. 52.216-21 REQUIREMENTS (APR 1984)
- 50. 52.208-3 CONFLICTS (APR 1984)
- 51. 52.216-8 FIXED FEE (APR 1984)
- 52. 52.232-22 LIMITATION OF FUNDS (APR 1984)
- 53. 52.243-02 CHANGES--COST-REIMBURSEMENT (APR 1984)
- 54. 52.249-06 TERMINATION (C0ST-REIMBURSEMENT)(APR1984) 4
r' ORM-85-335 Paga 38 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Numher Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Listing of Federal Government Holidays 3 Wage Determination No. 80-1294 (R-17), dated 11-27-84 4 GSA Basic Agreement
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