ML20137V256

Contract: Region V Data Entry Svcs, Awarded to Sba. Subcontractor:Phoenix Intl

ML20137V256
Person / Time
Issue date:	09/25/1985
From:	Mims R, Bernard Thomas, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), PHOENIX INTERNATIONAL, SMALL BUSINESS ADMINISTRATION
To:
Shared Package
ML20137V252	List: ML20137V248 ML20137V256
References
CON-FIN-B-8891, CON-NRC-33-85-133 NUDOCS 8510030434
Download: ML20137V256 (34)

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. SEE SECTION F US duclear Regulatory Commisfffid -

ORM/ Division of Accounting and Finance Wash.e DC 20555 13 THIS A ADVE R Tl;t'O 44 Ac c ove*1 NG AND APS NQpps A T SON DAT A ~~

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CONTR NRC-33-85-133 PDR ,

itG TOTAL Ah40UNT Of CONTR ACT kj$ 177,688,06 16 TABLE OF CONTENTS  ;

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Page 2 of 2 .

SPECIAL e(a) SUBCONTRACT CONDITIONS (APR 1984)

No.(a) The NRC-33.R5 Small Business 311 AJennistration (58A) has entered into Contract to f urnish the supplies or services as described therean.with the U.S. Nuclear Regulatory Co A copy of the contract is attached hereto and made a part hereof.

(b) The_ Phoenix international .hereafter referred to as the subcontractor, agrees and acknowledges as icllows:

all of (1) the That it will, for requirements of and on behalf Contract No. of theNRC-33-85-331 stA. fulfill and perfors consideration stated therein and that it has read and as fa.allar with for the each and every part of the contract.

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(2) That the SRA has delegated responsibility fer the adelnistratten of this subcontract to the USNtC -

complete autheitty to take any actier. on behalf cf the Govern.er.t under with the terms and condit1ons of this subcontract.

(3) That 1/ will net subcontra:t the perf ernar.ce cf any cf the requirements of this subcontract to any lower tier subcontractor without the prior written Officer,of the approval of the 55A and the designated Contracting USNPC t

will be ,made directly to the subcontractor by the(c) Payments, in ,

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AWARD / CONTRACT t etCaiseo roa e Avo.At os rasest "" ""' " " ' "

uovota mosa atc :moorom ones atc i I. C ONT R AC T rese Dnes Ade.s s esO 5 grrECTivE DATE 1

l 33 NRC-33-85-331 4 WEQviliTeON/PvRca9All NEQut&' /9most( t *.o i essvio P= I October 1. 1985 ORM-85-331 CDDI i _ _ _ _ .

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8703 LaTijera Boulevards Suite 205 Los Angeles CA 90045 e None to Svev;T INvoitt 5 is ces.es ==len erne, J'TE "

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s. SEE SECTION F U.S. Nuclear Regulatory Comission __

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Otov5C2mait i O 4i uSC 252kH 8 B&R No.:80-20-25-07 FIN No.:88891 OBLIGATED:

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• NRC-33-85-331 Page 2 of 33 SPECIAL S(a) CONTRACT CONDITIONS (APR 1984)

The $sall Business Adr.inistration (SEA) agrees to the following:

(a) To f urnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions 0 of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That,in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terninated either in whole or in part without cost to either party.

i a c. (c) Delegates to the U.S. Nuclear Regulatory Commission -

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the responsibility for administering the subcontract to be awarded hereunder with comp 1' ate authority to take any action on behalf of the Government under that the the terms UShRC and conditions of the subcontract; provided, however, shall give advance notice to the SSA before it issues a final notice terrinating the right of a subcontractor to proceed with further perforvance, either in whole or in part, under the subcontract for def ault or for the convenience of the Government. i

• (d) That payments to be made under any subcontract awarded under this  !

contract will be made directly to the subcontractor by the '

USNRC (e) Thst the subcontractor svarded a subcontract hereunder shall have the right of appeal from dectrions of the Contracting Officer cognizable under the Disputes" clause of said subcontract.

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NME NRC-33-85-331 .

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Ttu wo. sunutust avicts ouANY Tv usit unit raict Auouwt Section 0 - Supplies or Services and -

Prices / Costs--Alternate 2 B.1 Brief Description of Work Year One

1. Pe rformance of data entry services 26 biweek. $3,333.62 $86.674.12 described in Section C " Statement of Work" ly periods per bi-on a biweekly basis for the first 52 weeks weekly period

2. Year Two ~

Performance of data entry services 26 biweek- $3,496.69 $90,913.94 described in Section C " Statement of Work" ly periods per bi-on a biweekly basis for the second 52 weeks weekly period TOTAL AMOUNT

$177.588.06 essa 1644 4 t-tt1400 t 84 148 Pat ytOV5 EDITION USASLt STANDARD POMM 38 (at v. R&44 om a lle) 0 - Mt.H6 M h'g'N#$# b

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NRC-33-85-331 Page 4 Section C - Description / Specifications / Work Statement C.1 Statement of Work A. Background

1. General The United States Nuclear Regulatory Comission is responsible for the protection of the public health and safety in the civilian use of nuclear power and nuclear materials. In the performance of its duties, the NRC utilizes a wide variety of automatic data processing,

- encompassing numerous applications, including scientific.

, administrative and management information systems. .The

" Office of Resource Management (RM) is responsible for ADP within the NRC.

RM is striving for a sophisticated

• ,telecomunications network, which links all of its ADP tapabilities, and for an environment which strongly supports distributed processing, such as the use of hierarchical languages (i.e., ADABAS, RAMIS !!, S2K) and the introduction of office automation.

2. Equipment

- The NRC does not own a mainframe computer to perfom large-scale data processing operations, and depends primarily on buying computer time (timesharing) from DOE National Laboratories, the National Institutes of Health (NIH) DCRT Federal Data Processing Center, and comercial sources. NRC's ADP equipment to support timesharing consists of remote job entry stations, data terminals, and associated telecomunications equipment needed for data transfer and comunication with the facility at which the computer is located.

j NRC now utilizes over 250 individual terminals and nine remote job entry stations, i

The telecommunications equipment needed to accomodate this ~

remote computer usage consists of about 260 modems of various types.

telephone lines. Most of these modens are used with dial-up Six leased telephone circuits are also i

used -- two circuits connect NRC to the Central Scientific Computing Facility at Brookhaven National Laboratory; one circuit is used to transfer encrypted, classified nuclear materials inventory data between NRC and the Oak Ridge National Laboratory's Computer Science Division K-25 Computer Center; one circuit connects NRC to the Germantown, Maryland node of DOE's secure message network (SACNET); and two circuits connect the remote job entry stations in the Phillips and East West Towers Buidings in Bethesda, Maryland to the NIH DCRT.

NRC currently owns 10 minicomputers; a Data General C330 is dedicated to the Payroll System, a second is used solely for

e NRC-33-85-331 Page 5 the Automated Personnel System; and a third accommodates the Property and Supply System. A fourth Data General C350 Eclipse is used by RM for system development, maintenance and back-up to the first three dedicated minicomputers. A fifth mini, a Data General S230 Eclipse, operated by RM, is used to provide small-scale, general purpose timesharing services. A sixth mini, a Hewlett-Packard 1000, is dedicated to the Comission's Public Document Room (PDR) document indexing, storage, and retrieval system. The remaining four minicomputers (two Data General C330's and two Data General C350's) are dedicated to the developpant, maintenance, and operation of the dial-up, remote access capability -- the inini available for timeshared use; the mini dedicated to the Automated Personnel System; the mini used for systems development and maintenance; and the PDR 3.

mini. Beyond the required modent., no special lines or other telecomunication resources are used.

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inaddition,theNRCnowhasabout200piecesofword processing equipment, including stand-alone and shared systems with cathode ray tubes and high-speed laser printers. Capabilities range from stand-alone memory and magnetic card typewriters to networked, shared-logic systems.

3. Software Software (computer programs) can be categoried as follows:

Category 1 - Proprietary software used to aid in applications development as supplied by the hardware or independent vendor. Such software is used where applicable to significantly cut development and maintenance costs and to help non-ADP personnel use the computer as an infonnation tool.

Category 2 - Proprietary software supplied by the hardware vendor related to computer systems operations.

Category 3 - User-developed software using higher-level languages and proprietary package interfaces. Such software is developed to satisfy specific user requirements in business and scientific applications.

Proprietary software, as defined in Category 1, is either purchased or leased from specific vendors and is often termed " package software." It is designed to perfonn either specific or general functions. Although the NRC has no specific applications packages at the present time, they might include accounts receivables, budget, and payroll.

General use packages include processes such as complex data base use, generation of graphs, report generation, and statistical analysis. The NRC has purchased and currently

NRC-33-85-331 Page 6 maintains five packages of this type:

o System 2000 - complex data base manipulation and inquiry o MARK IV - general file maintenance and report generation o IDEA - Data General screen format and data manipulation o INF0S - Data General data base management system (DEMS) o ORACLE - Relational Data Base Managerent System Other general purpose packages software that the NRC has __

access to are:

o TELEGRAF/DISSPLA - graphics o SPSS - statistics o SAS - statistics o WYLBUR - text editing, work processing o IBM user application utilities (sort / merge, etc.)

o AZ-TEXT (Data General word processing package)

Proprietary software, as defined in Category 2, includes computer-operating systems related support utilities that are not accessible / changeable by the applications programmer. In the IBM enrivonment at NIH, the operating system is termed OS/VS (Operating System / Virtual Storage).

Support utilities include those supplied by IBM for disk pack maintenance and similar housekeeping tasks. Other software falling within this cate compilers (BASIC, COBOL, FORTRAN) , file and gory includes language data management software (ISAM, VSAM), and communications handlers (TSO and parts of WYLBUR). The NRC currently has two operating systems (A05 and RDOS) used on its Data General Eclipse minicomputers. The H-P 1000 uses HP/ RTE-48.

User designed and developed software Category 3 is the most used within the Commission. Software of this type eminates from detailed specifications designed for a specific purpose within a given system (i.e., a daily report of personnel actions). Programs of this type are usually written in high-level compiler languages such as COBOL, FORTRAN, or PL/I. However, proprietary software interfaces can be used with higher-level languages for data base access (i.e., SYSTEM 2000 DBMS).

i

NRC-33-85-331 Page 7 The most commonly used compiler languages within the Commission are COBOL (administrative / management applications) and FORTRAN (scientific applications). At the present time, there are approximately 100 administrative / management systems in operation which are made up of about 2400 computer programs.

Scientific codes currently in use number approximately 250.

4 Facilities NRC supports ADP activities at five regional offices and 10 headquarters buildings. This distributed ADP environment requires the placement of equipment at all 15 locations.

Some locations need only data tenninals and therefore require no special facilities; others house minicomputers _,

^

and retrote job entry stations which require special facilities such as power supplies, humidity and temperature

- . controls, raised flooring, access controls, and storage space. Remate job entry stations are located in each of the five regional offices and at four headquarters sites. All 10 minicomputers are at headquarters in five different buildings.

Locations having access to systems discussed under this contract are:

NRC Headquarters - Washington, D.C. 20555 NRC Region I - King of Prussia, PA 19406 NRC Region II - Atlanta, GA 30303 NRC Region III - Glen Ellyn, IL 60137 NRC Region IV - Arlington, TX 76012 NRC Region V - Walnut Creek, CA 94596

8. Requirements The contractor shall provide two full-time programer aides to fulfill the requirements of this Statement of Work. Each per year. aide programer shall perform 1960 hours0.0227 days <br />0.544 hours <br />0.00324 weeks <br />7.4578e-4 months <br /> of data entry support Throughout the contract period of performance contractor's programer aids shall provide an average of at least 326 hours0.00377 days <br />0.0906 hours <br />5.390212e-4 weeks <br />1.24043e-4 months <br /> of data entry per month. Computer time and use of NRC equipment and facilities will be made available in the Region V office for the scope of the effort. The requirements of this Statement of dork are in support of the objectives of the U.S.

Nuclear Regulatory Comission.

This involves the data entry functions of Region V for ADP System Operation (which are full elaborated as items C.1 through C.9 of the Statement of Work)y .

All activities performed under this Statement of Work shall be directed by designated officials within the Region V office in coordination with the Office of Resource Management (RM) and the Division of Contracts.

Specifically, this task involves data entry activities relating to various systems for which Region V is operationally

NRC-33-85-331 Page 8 responsible. The Data Entry will be perfomed on-site at the Region V office (Walnut Creek, CA) using a terminal provided by the region.

Region V will conduct a brief training session (approximately 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />) in NIH Wylbur logon, collect, modify, save, etc.,

procedures, as well as instructions regarding the specific tasks.

The estimated volume of Data Entry is as follows:

RITS - Approximately 800 entries per week for case, TACs, staff and MPS files.

766 - 25 forms per week including modifications and deletions.

Daily Report - 1 or 2 pages per day.

s. '

Allegation Tracking File - Approximately 8 entries per weeE i OIL File - Approximately 100 forms per week.

, Gray & Yellow Books - Monthly modification of data set from

' marked-up printout.

TMI File - Approximately 100 pages per month.

It is estimated that the following types of personnel will be required to support these efforts:

Category Minimum Oualifications Project Manager College degree or equivalent plus l t

approximately five years or more progressive experience in data processing. Experience should include perfomance of feasibility studies, systems analysis, systems design, programing, testing and system installation plus at least two years recent experience in managing projects involving l development activities. Must have detailed knowledge of project management responsibilities.

Programmer Aide An individual who is capable of (1) interpreting and entering raw data i

into a computer from code form and source documents, and (2) settina l

up the necessary pre-established job control procedure in the proper sequence with appropriate control cards to execute, audit, update and l

report generator programs as required. He/She must have a minimum of one (1) year experienct with data entry and systems operations tasks.

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NRC-33-8C-331 Page 9 C. Data Entrv Items RITS C.1 Statement of Work Operation of the RITS system will include data entry funct. ions with regard to the weekly processing of the system, as well as the generation of the weekly report.

Deliverables The Progransner Aide should follow the instructions below and have all reports generated by c.o.b. Thursday (in the event of a Monday holiday, on Friday).

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1. Data Entry

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- All data elements should be processed.

2. Reviewer Reports

- The reviewer reports were separated to contain just data base updates, as opposed to MPS updates.

- Only TAC reviews should be updated. Do not add TAC ,

numbers to a reviewer unless they put the TAC number

. at the top of their reports. l 7

- DO NOT CHANGE ANY ACTIVITY CODES WHICH REV: EWERS CHANGE ON THEIR REPORTS.

3. Edit and Updates Retain all on-line listings which are generated with the edit and updates.

1

4. Staff File and Tables - Region V The Programmer Aide will be responsible for maintaining these files and is the only person authorized to change these files.

5. Report File Generations Any problems encountered must be noted in the processing log. All computer runs must be recorded in this log and the OCL listings must be retained. After all of the files and tables have been updated, generate the report files and reviewer reports. To accomplish this, the "RITS COMMAND PROCEDURE" (CP) is executed.

You will be prompted to modify data parameters which are provided on the RITS WEEKLY TACS REPORT FILE GENERATION TABLE (FY 85) (hereafter referred to as "the

z NRC-33-85-331 Page 10 i

i TABLE"). .

The Reviewer Reports must be delivered to the Region V holiday). by c.o.b. Monday (Tuesday, if Monday Coordinator

6. Reports (Run every two weeks)

You will be prompted in the Region V CP whether or not the office reports are to be run (check the TABLE).

All reports must be delivered to the Region V i Coordinator by c.o.b. Thursday.

,., 7. Processing Log o- .

- All Job Statistics Must be Posted in the Log Book.

~

- Any new TAC forms that are rejected by the system for

! any reason, must be entered on the trouble report.

. 8. MPS Processing The programmer aid responsible for manpower processing should refer to the attached "0FFICE OF RESOURCE MANAGEMENT, DIVISION OF DATA AUTOMATION AND MANAGEMENT t t

INFORMATION" and "RM/D MANPOWER STATUS -- FY 84" instructions regarding RM/D MPS processing.

C.2 Statistical Data Reporting (766) System Work Statement

On a weekly basis review NRC Form 766 and 766A for completeness and errors, perform the data entry and pre-edit processing, proofread, edit and make the necessary corrections for updating the 766 Master File.

Daliverables 3

' 1.

On a weekly basis review the incoming source documents (NRC Forms 766 and 766A) for completeness and accuracy.

The bases for the review are Sections 0535-15, 0535-16, and 0535-17 Inspection and Enforcement MC-0535, Statistical Data Reporting 766 Computer System).

I Approximately 25 forms are rece(ived for processing e week, including modify or delete transactions.

2.

j Correct obvious errors or deviations and enter (code) missing items on the source documents when the proper f information can be determined from the written j instructions. Contact the ADP supervisor or the

designated technical. staff member noted on the source document to resolve questions and to obtain the

__ _ . . . _ _ _ _ - . _ _ _ _ _ ~ _ _ _ _ ____. __. __ ___... , __.... ___ _ - ___ _ _ , _ _ _ _ _ . _ _ _ _ .

NRC-33-85-331 Page 11 necessary input element to be coded on the source

, documents.

3. Perform the data entry of NRC Forms 766 and 766A in accordance with data entry operating instructions, "Docurentation for 766 Data Base System," as contained in Enclosure 2, Information is entered into the system data through an on-line computer terminal.

4. Execute the Regional Edit Program as described in the operating instructions. Review computer printouts, job control language and operating system error messages to assure the job entry has been satisfactorily completed.

Correct input errors as identified by the edit program or as observed by auditing the computer output reports 3_c. for completeness. For errors which cannot be

~

corrected, return the audit report to the ADP

. Supervisor for corrections.

5. Once a ' clean' listing of the edit has occurred, execute the Feedback Edit job. This output will list out the ' insert' and ' modify' transactions as they appear on the transaction file. (This is to assure correctnessbeforeMasterFileisupdated). Review for errors, make changes as necessary, or return to ADP Supervitar for correction.

e

6. Occasionally assists in the operation of the remote job entry terminal to retrieve output reports from the system.

C.3 DAILY REPORT Work Statement The Daily Report is submitted daily from each Division and provides NRC management with significant information relating to inspection activities.

Deliverables

1. On a daily basis perfom the data entry of the daily report source document information received from Division secretaries. Save the data set on WYLBUR.

Refer to Regional Procedure No. 3 and ADP Instructions for detailed information and 18E Manual Chapter 0230.

2. Proofread the information for spelling errors, etc.

before taking to management for initialing.

3. Run (execute) the comand procedure to route the Daily Report to Headquarters and the other regional offices.

NRC-33-85-331 Page 12

4. Distribute copies of the report to the principal staff for information and file initialed original.

C.4 ALLEGATION MANAGEMENT SYSTEM Work Statement Weekly or when submitted review " Allegation Data Input" Form 307 for accuracy and completeness of information; perform data entry into RAMIS system; request re for proofreading; and make corrections as necessary. ports Deliverables

1. As submitted, review the incoming source document fot_

s. -

completeness and accuracy. The basis for the review is the " Allegation Management System Training Manual" which contains necessary instructions. Approximately 8 forms are processed during each update.

2. Correct obvious errors and enter any missing I

information on source document to assure completeness for entry of new allegation or to update a previous i

entry. Perform data entry from instructions in the

' " Allegation Management' Training Manual" directly into the data base through the RAMIS System.  !

3. Request reports to verify information entered is ,

j complete and correct. Make corrections, if necessary, and rerun reports.

4. After all data is processed and verified, file printouts in master file for reference purposes.

C.5 OllTSTANDING ITEMS LIST (OIL) FILE 1 Work Statement On a weekly basis review Region V data input forms (OIL Forms RV 109,110and1111 for completeness and accuracy, perform data entry, proofread, edit and make necessary changes for updating Master File.

Deliverables

1. On a weekly basis review incoming source documents verifying accuracy and checking duplicate items on Master File. See " Region V Procedure #35, Outstanding item (01) List" for detailed infonnation.

Approximately 100 forms are processed weekly.

2. Correct obvious errors on source documents and key in i

correct code to identify open, closed, followup or

NRC-33-85-331 Page 13 modified items.

3. Perform the data entry function and verify all information is correct.

4. Run the program to update the Master File.

C.6. GRAY BOOK AND YELLOW BOOK '

Work Statement The Gray Book and Yellow Book are used to provide

information regarding operating plants and plants under construction, respectively. The Gray Book is updated monthly; the Yellow Book is updated quarterly.

,,, Responsibilities include preparing the information and --

updating the data sets to provide the regional information f,or publication. 3, Deliverables

1. By the first of each month, run the computer routine reports to provide the source documents for the Gray Book (LER and Inspection information). Refer to memorandum dated January 21, 1981, " Automating the Gray Book Publication," for detailed,information.  ;

?

2. List on the Gray Book printout inspections conducted the previous month for the " Inspection Summary" and Licensee Event Reports (source documents).

3. On a monthly basis, correlate and distribute the marked-up Gray Book printout to the principal inspectors for review and update of other information.

On a quarterly basis fill in inspection dates from'the Yellow Book source documents (do not distribute to inspectors). Refer to memorandum dated May 9,1979,

" Yellow Book Outline / Instructions," for detailed information.

4. Make modifications to the regional WYLBUR data sets based on the updated sheets. Information is entered into the system data through an on-line computer terminal.

5. Proofread the updated data sheets for errors and make necessary corrections before releasing.

C.7 THREE MILE ISLAND (TMI) FILE Work Statement The TMI file update is performed to provide verification of 3

licensee actions in response to the TMI Action Plan.

i t

NRC-33-85-331 Page 14 l

Deliverables

1. When submitted, perform the data entry from the marked-up copies of printouts which serve as the source documents. Refer to " User Documentation of TMI Action Plan for NT0L" and " User Documentation of the TMI Action detailedPlan Database instructions for Operating)

(Enclosure 1 . SeeReactors for TI 2514/01 and 2515/42 (Revision 2) as the bases for the review (Enclosure 2). Other references are 2514/43-45 and 2515/52-60.

2. Execute the WYLBUR command procedures to update the documents.

, _c, 3. Proofread and distribute. ~~

C.8~ GENERAL MAINTENANCE OF INPUT TERMINAL AND PRINTER TO KEEP OPERATIONAL ON A DAILY BASIS Deliverables

1. Power on and maintain printer up status at start of work day until end of work day.

2. Reports to be extracted, separated between job numbers, r and placed on work table.

t

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3. Printer paper, ribbon, to be replaced as needed and a count log to be kept after each change. When down to a certain count, supplies to be reordered or MIS Coordinator to be notified of such need.

4. FTS Time Logs to be kept on each computer session showing login/logoff times. These Time Logs to be turned in to MIS Coordinator on first day of each quarter.

C.9 AD-H0C AND ROUTINE REPORT GENERATION AND RETRIEVAL Description Daily as submitted by the staff, review requests and

.etermine system application and complexity. Generate ad-hoc reports based on criteria submitted.

Deliverables

1. As submitted, review requests, determining system application and complexity.

2. Generate ad-hoc raports based on criteria submitted.

3. Run (execute) program to resolve and correct errors

NRC-33-85-331 Page 15 identified in source program.

4. Review output for accuracy.

Section D - Packaging and Marking D.1 Packaging and Marking

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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.

Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance ~

A.

Inspec, tion and acceptance of the deliverable items to be furnished hereunder shall be made at the destination.

Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items Thethrough C.1 deliverables C.9. are set forth in the Statement of Work under items e  !,

F.2 Place of Delivery e The deliverables set forth in the Statement of Work shall be furnished to the Project Officer, E. Frigillana in Region V.

F.3 Duration of Contract Period This contract shall become effective on either the date of award or the effective date as otherwise specified, and shall continue to completion thereof, estimated to occur within 24 months after said contract is effective. The estimated completion date is September 30, 1987.

F.4 FAR Citations Section G - Contract Administration Data G.1 Technical Direction A.

Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.5 of this contract. The term " Technical Direction" is defined to include the following:

1.

Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of

NRC-33-85-331 Page 16 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. '

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 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 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 1

does not constitute a change under the Changes Clause.

NRC-33-85-331 Page 17 D. Any unauthorized commitment or direction issued by the Project Officer may result in en 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.2 Project Officer A. The individual (s) listed in "B" below is (are) 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 approve

. or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.

The Project Officer is responsible for: (1) monitoring the Contractor's technical prog ress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of 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 perfonnance. Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit reconrnendations 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 basis for any increase in the contract cost.

B. Name and Mail Code: E. Frigillana Office Address: Region V Telephone Number: (415) 463-3865 l

l l

NRC-33-85-331 Page 18 G.3 Payment Due Date (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 t6e purpose of determining the due date for payment and for oc 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.

(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. i l

(d) The date of payment by wire transfer through the Treasury Financial Communications Systems 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.4 Invoice Reauirements Invoices shall be submitted in an 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.

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 for delivery of property or services.

(3) Description price and quantity of property and services actually delivered or rendered.

NRC-33-85-331 Page 19 (4) Shipping and payment terms.

(5) Name (where practicable), 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 contratt.

G.5 Interest on Overdue Payments (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 Bddget 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 tems 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.

Section H - Special Contract Requirements H.1 D'issemination of Contract Information (OMB Clearance Number 3150-0112)

The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral or written, concerning the work perfomed 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.2 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H., publication of contract 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.3 Drawings, Designs, and Specifications

NRC-33-85-331 Page 20 All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recomendations, 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 Commission at all reasonable times. (for which inspection the proper facilities shall be afforded the Comission by the Contractor and its subcontractors), shall be the property of the

. Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor 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 termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions,' if any, of 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 detemined 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 perforn the work under this contract.

Contractor agrees to return such information to the Comission or otherwise 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 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, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this clause.

l l _ _

NRC-33-85-331 Page 21 (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 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 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 cor.flict 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 be' lief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(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, teminate 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 perfomance 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 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 Corrrnission 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, 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.

1 NRC-33-85-331 Page 22 (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 private 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 " contract," " 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 tenninate the contract for default, disqualify the Contractor from subsequent contractual ef forts , 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 k

$20-1.5411.

H.6 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Comunicacions System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

(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. Name and address of financial institution

NRC-33-85-331 Page 23 4 Financial institutions's 9-digit ABA identifying number for routing transfer of funds

5. Telegraphic abbreviation of financial institution

6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve

Communications System

7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Contenications 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 title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

t NRC-33-85-331 Page 24 PART II - CONTRACT CLAUSES t

Section I - Contract Clauses 52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS. (APR 1984)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Delegates to the U.S. Nuclear Regulatory Comission the responsibility for administering the subcontract to be awarded hereunder with complete

- authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U. S. Nuclear Regulatory Comissiod shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this

. contract will be made directly to the subcontractor by the U.S. Nuclear i

Regulatory Comission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the

" Disputes" clause of said subcontract.

(Endofclause) ~

(AV FPR 1-1.713-3(d)(1))

52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS. (APR 1984)

(a) The Small Business Administration (SBA) has entered into Contract No.

NRC-33-85-331 with the U.S. Nuclear Regulatory Comission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The Phoenix International hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-33-85-331 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility for the administration of this subcontract to the U.S. Nuclear Regulatory Comission with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U.S. Nuclear Regulatory Comission (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the U.S. Nuclear Regulatory Comission.

(End of clause)

4 NRC-33-85-331 Page 25 (AV 1-1.713-3(e)(1))

FPR TEMP. REG 76 SERVICE CONTRACT ACT (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 Seqretary 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 minimum 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 contract.

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- (2)(i) 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 a'nd 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 detemination), 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 detemination. 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.

(The infomation collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under OMB control number 1215-0150.)

(ii) Such confoming 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 agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no-later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the actior, 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 detemination.

(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 l

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NRC-33-85-331 Page 26 determination 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 job classifications based on the skill

required and the duties perfomed.

! (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 pFevious conformed rate and fringe benefits by an amount equal te ,

- the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which &re listed in the current wage detemination, and those specified for the corresponding . classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of ccntract work by the unlisted class of employees, the contractor shall advise the contractin action taken but the other procedures in paragraph (b)(2)(ii)g ofofficer of the this section need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be aid less than the currently applicable minimum wage specified under section 6(a (1) of the Fair Labor Standards Act.of 1938, as amended.

(v) The wage rate and fringe benefits finally detemined pursuant to paragraphs (b)(2)(1) 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 consnenced 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 i 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 l furnishing any equivalent ccmbinations of bona fide fringe benefits, or by

NRC-33-85-331 Page 27 making equivalent or differential 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 other obligation under law or contract for the payment of a higher wage to any employee.

(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum

_, wage attachment for this contract setting forth such collectively bargained wage

- rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall p,ay 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 provided for in such collective bargaining agreements, to which such employee would have been i 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 54.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after hearhg as provided in 54.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or detennines, as provided in 94.11 of 29 CFR Part 4 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 regotiations. 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 determination 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 benefits 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 prominent and

= . . .

I NRC-33-85-331 Page 28 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 permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by 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 inforriation specified in paragraphs (g)(1)(i) through (vi) of this section for each employee subject to the Act and shall make them availaMe

_ 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)(1) 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) Name and address and social security number of each employee.

(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) of this section shall be deemed to be such a list.

(vi) Any list of the predecessor contractor's employees which have 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 officer, upon direction of the Department of Labor and notification of the

4 4

• NRC-33-85-331 Page 29 contractor, shall take action to cause suspension of any further payment or advance of funds until such vio.lation ceases.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees 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 otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback or any account. Such 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 pay period under this Act may not be of any duration longer than semi-monthly.

(1) 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 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 term " 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 Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent 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:

I

O NRC-33-85-331 Page 30 The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed 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 Data Entry Operator $11.00/ hour all inclusive (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 prim 4 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 report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such tirne, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract perfomance , such agreements shall be reported promptly after negotiation thereof. (Approved by the Office of Management and Budget under OMB control number 1215-0150.)

(2) Not 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 (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has 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.

c .

NRC-33-85-331 Page 31 27(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 impainnent 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 g, 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).

(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 i under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and '

i 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in 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 predetennined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency 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 apprentice 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. ,

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o NRC-33-85-331 Page 32 i

(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 aboat 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):

o_c. (3) The employer must be able to show by records that the employee receives al

- least the applicable Sevice Contract Act minimum wage through the combination of

, direct wages and ,tip. credit; (approved by the Office of Management and Budget

! under OMB control number 1215-0017);

i (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.

(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 I

availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

(SS 7-104.91(b) 1975 JUN)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR 1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the l

Contracting Officer will make their full text available.

I i

i

i, . .

NRC-33-85-331 Page 32 I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR1984)

Section F 52.212-13 STOP-WORK ORDER. (APR 1984) 52.212-15 GOVERNMENT DELAY OF WORK. (APR 1984)

Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) ~

a ~

52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.208-3. CONFLICTS. (APR 1984)

, 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (APR

! 1984) 52.215-23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--

MODIFICATIONS. (APR 1985) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTIME i COMPENSATION--GENERAL. (APR 1984) l 52.222-26 EQUAL OPPORTUNITY. (APR 1984) i 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.232-1 PAYMENTS. (APR1984) 52.232-17 INTEREST. (APR1984) 52.233-1 DISPUTES. (APR1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR 1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 1984) ,

i 52.249-8 DEFAULT (FIXED-PRICE SUP>LY AND SERVICE). (APR 1984) 52.249-14 EXCUSABLE DELAYS. (APR f984) 52.233-3 Protest after Award (June 1985).

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