ML20137Z482
| ML20137Z482 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1986 |
| From: | Hagan T NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gardner M DATA BASE, INC. |
| Shared Package | |
| ML20137Z429 | List: |
| References | |
| CON-NRC-10-86-256 NUDOCS 8603130052 | |
| Download: ML20137Z482 (43) | |
Text
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RifL'GNAM SERV!pE CENTER *
"* ha D.
i MIDDLETOWN, VA. 22645' 21PM i=0200791021 01/21286 TWX NRC BHD W8H 8ALA 764 NRC, BETHE80A, MD 22853 777 01-21 DATABASE COMPANY, INC, MIKE GARDNER 8928 MCGRAW COURT, P.0'.
BOX 156 COLUMBIA MD 21045 MSG ST097 I=51=1986 THIS CONSTITUTES AMENDMENT TWO 70 !FB RS'ADM-86=256 DATED DECEMBER 23, 1985 FOR ARCHIVAL STORAGE.AND RELATED SERV!CES.
THE FOLLOWING CORRECTION 18 MADE To SECTION B, OPTION YEAR REQUIREMENTS, PAGE 4: CHANGE THE-QUANTITY FOR CONTRACT ITEM 13, ENVIRONMENTALLY PROTECTED AREA, AND ITEM,15, 87 ACING, INSPECTION AND WORK AREA, FROM 24 MONTHS TO TWELVE (12) MONTHS.
THE HOUR AND pATE FOR RECE!PT OF' BIOS IS EXTENDED,FROM JANUARY 22, 1986 TO 2:00 PM, LOCAL TIME, JANUARY 24, 1986 BIDDERS MUST ACKNOWLEDGE RECE!PT OF THIS AMENDMENT PRIOR TO THE HOUR AND DATE i
8PECIFIED FOR RECE!PT OF OFFER $, A8' AMENDED,.8Y ACKNOWLEDGING RECE!PT OF THIS AMENDMENT ON A COPY OF THE.0FFER SUBMITTED OR BY SEPARATE LETTER OR TELfGRAM WHICH INCLUDE 8 A REFERENCE TO THE !F8 AND AMENDMENT NUMBER.
IMDTHY F.
HAGAN.
CONTfACTING OFFICER U, 8. NUCLEAR REGULATORY COMMISS!ON k U'. 8'. NUCLEAR REGULATO,RY COMMISSION WASHINGTON, DC 20555).
52 57 EST MGMCOMP 060313o052 060227 h$$_to0N60256 PDR TO REPLY BY MAILGRAM MESSAGE. SEE REVERSE SIDE FOR WESTERN UNION'S TOLL. FREE PHONE NUMBERS
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RS-ADM-86-256 Page 5 Section 8 - Supplies or Services and Prices / Costs 8.2 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below.
Name:
Data sase. inc.
Address:
307 South 140th Seattle, WA 98168 Section C - Description /Spectfications/ Work Statement C.1 Statement of Work C.1.1
Background
Since 1981, the Nuclear Regulatory Commission (NRC) has stored its archival material in separate facilities.
Microforms and other environmentally sensitive ma terial. are presently stored in an environmental facility in Columbia, Maryland and paper materials are stored in various NRC offices and buf1 dings in tie Washington, D.C.
This situation has made it difficult for NRC to Metropolitan Area.
exercise proper control over its archival materf al.
As the newly organized National Archives and Records Adminis factif ty capable of handling all of NRC's archival indefinitely, a material is nieded to assure NARA requirements are fulfilled.
C.2 Deseription/Spectffcations_
The contractor shall furnish all personnel, facfif ties and equipment, unless otherwise speciffed, required to satisfy NRC's archival storage C.2.1 The contractor shall provide a single requirements described herein.
factif ty which is located within a one hour drive during normal business hours from NRC's Bethesda, Maryland facility at 7920 Norfolk Avenue, to house archival material in accordance with the specifications outilned The contractor shall allow designated NRC personnel access to below.
all NRC materials stored in their facility during) normal business hour to 5:00 p.m.
and shall make the (Monday through Friday 8:15 a.m. facility accessible within one h The contractor shall not the Project Officer during non-business hours.
remove, rearrange or in any way disturb the material contained in the boxes, cabinets, or other storage devices provided by NRC.
The contractor will not.be responsible for the initia1 placement of archival
RS-ADM-86-256 Page 6 materials within the contractor's facility following award or the movement and placement of archival materials to another facility upon contract expiration.
The following space / services are required in performance of this contract:
Environmentally controlled vault area.
Environmentally controlled area for classified archival material o
o Environmentally protected area o
Staging, inspection and work area o
Pick-up and delivery services o
C.2.2 Environmentally Controlled Area The contractor shall provide environmentally controlled storage for C.2.2.1 the following types of material:
Microfiche - Sf1ver and Non-Silver a.
Aperture Cards - Silver and Non-Silver b.
Color and Black and White Negatives up to 4' by 6' c.
d.
Roll Film Magnetic Tape (ADP Type) e.
f.
Magnetic Tape (Audio Type - Reel and Cassette) g.
Floppy Disks Optical Disks h.
1.
Miscellaneous Material, e.g., Models, Photographs, other physical evidence l
The All material shall be stored in/on cabinets, shelves or racks.
C.2.2.2 NRC will provide to the contractor 40 standard 10-drawer microfiche The contractor shall furnish cabinets for use under this contract.
ADP storage racks required for storing / filing approximately 150 ADP Magnetic Tapes.
The environmentally controlled storage area shall meet all of the C.2.2.3 following standards and specifications which are incorporated herein by reference and made a part hereof:
AmericanNationalStandardsInstitute(ANSI)PHl.43-Current a.
issue National Fire Protection Association (NFPA) 232 - Current issue b.
36CodeofFederalRegulations(CFR) 1230.20 c.
l Environmentally Controlled Area for Classified Material C.2.3 The contractor shall provide an environmentally controlled storage area for material classified up to and including SECRET National Security Infomation (see Section H.3).
In addition to conformance with i
standards and specifications cited in Section C.2.2.3. above, the area i
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RS-ADM-86-256 6
Page 7 must conform to requirements of NRC Manual Chapter 2101, "NRC Security Program" and its appendices which are incorporated herein by reference and made a part hereof.
If the volume of materials to be added in one shipment exceeds 10 cubic feet, the contractor will be given 10 business days advance notice of such shipment.
C.2.4 Environmentally Protected Area The contractor shall provide an environmentally protected area of C.2.4.1 not less than 3400 square feet for the storage of hard copy archival The area shall be expandable to a minimum of 4,500 square records.The Government will provide 15 days written notice of the feet.
need to provide the expandable a rea.
The area shall meet the conditions specified in 36 CFR Subpart J 1228.222 (formerly 41 CFR 101-11.412.2), which is incorporated herein by reference and made a part hereof.
Halon or water sprinklers will be considered acceptable for this area.
The area shall be sealed off from access by either a locked cage or some other way to limit access to authorized NRC personnel.
The hard copy archival records, for the most part, are stored in C.2.4.2 records holding boxes approximately 15" x 12" x 10-1/2" in size.
All materials shall be stored on shelves which will be furnished and insta11ed by NRC.
C.2.5 Staging. Inspection and Work Area The contractor shall furnish a separate room with a locking door to The room shall be in serve as a staging, inspection and work area.
close proximity to the other storage areas and be at least 10' by 10' in size. The room shall contafn as a minimum:
One standard desk, 30" x 60" a.
b.
Four chairs c.
One table, 30" x 60" d.
Telephone - access to local and long distance Electrical power outlets - (minimum of 4)
Light, heat, and cooling to maintain an adequate work environment.
e.
f.
C.2.6 Pick Up/ Delivery Service The contractor shall prov,ide a pick up and delivery service on an as C.2.6.1 needed basis, for archiva'l materials between the contractor's site and all NRC Headquarters locations throughout the Washington, D.C.
Metropolitan Area. The NRC Headquarters sites follow:
1.
H Street Buf1 ding,1717 H Street, N.W., ifashington, D.C.
2.
Phillips Building, 7920 Norfolk Avenue, Bethesda, MD Maryland National Bank Building, 7735 Old Georgetown Road, 3.
Bethesda, MD
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R5-ADM-86-256 Page 8
- 4. Air Rights !!! Building, 4550 Montgomery Avenue, Bethesda, MD
- 5. East West / South Towers Building, 4340 East West Highway, Bethesda, MD
- 6. East West / West Towers Building, 4350 East West Highway.
Bethesda, MD
- 7. Woodmont Building, 8120 Woodmont Avenue, Bethesda, MD
- 8. Nicholson Lane Building, 5650 Nicholson Lane, Rockville, MD
- 10. Warehouse, 4934 Boiling Brook Parkway, Rockville, MD C.2.6.2 NRC will prepare all materials for pick-up and delivery service whether at an NRC site or the contractor's facility.
The maximum number of boxes to be moved on any one trip will be 100.
The contractor will be notified by telephone when sick up or delf very of material is required and given the location (s?, speciffs item (s) to Wrftten be picked up or delivered and other apsitcable infonnation.
confirmaticn of telephone orders will be furnished to the contractor by the NRC Project Officer.
The contractor shall complete the pfek up or delivery within twenty-four (24) hours of notiff cat 1on by These services will be required during normal business hours NRC.
(8:15 a.m. - 5:00 p.m.)
Monday through Friday excluding official federal holidays.
Should a request be made on a Friday, the pick up I
or delivery shall be completed by the close of business the next business day.
C.2.6.3 A round trip under this contract is defined as follows:
Pick Up Service - The contractor leaves the archival storage I
a.
location and picks up material at elther the H Street location or one or more of the NRC Headquarters sites located in Maryland and returns to the archival storage location.
AND/0R The contractor brings material from the b.
Delfvery Service archival storage location to either the H Street location or one or more of the NRC Headquarters sf tes located in Maryland and returns to the aachtval storage location.
C.3 Movement of Archival Records from Present Commeref al Storage Facility:
1 If award is made to other than the incumbent contractor, the contractor shall be required to move records p.esently stored at a commercial facillty located at 8928 McGaw Court, Columbia, Maryland to the l
contractor's location.
Configuration of the approximately 800 cubic l
feet of material is broken down into the following categories:
R5-ADM-86-256 Pape 9 30 microfiche cabinets, size 28" x 22" x 57" 150 records boxes, size 15" x 12" x 10-1/2" 150 magnetic tapes One 4' x 4' x 6' map cabinet (two sections and base)
With the exception of 100 records boxes.,all material shall be moved under controlled conditions, f.e.,
a ' stable atmospheric environment within the truck.
Archival materf at will remain intact within tha to another.
storage / filing devices during transfer from one facility The move must be completed within three (3) business days following telephone notice by the Project Officer.
Section E - Inspection and Acceptance Place of Inspection and Acceptance E.1 Inspection and acceptance of services requiring deliver provided under the contract shall be made at the contractor's factif made at destination.
Section F - Delfverfes and Performance F.1 Place of Delivery The location of each NRC Headquarters site for pick-up and de service is shown in Section C.2.6.
delfvery will be provided at the tine an order is placed for services.
All Multiple deliverfes/pfck-ups may be specified for each round trip.
costs associated with these services shall be included in the prices set forth in the Price Schedule, Section B.I.
Duration of Contract Period F.2 This contract shall become effective on either th Pick up and delfvery services (Items 6 and 9) shall commence and continue through the duration of the contract period.
two years.
in accordance with Section H.2, the term of the contract may be e June 16, 1986 at the option of the Government for one additional year.
l Section G - Contract Administration Data Total Amount of the Contract - Celling G.1 The estimated amount for services to be provided under this contra l
specified in Part I, 81ock 20, of Standard Form 33, page 1.
The l
estimated amount speciffed may be increased by the Contracting Offi at his discretion from time to time by written notice to the contr actor.
When and if the amount (s) paid and paysble to the contractor hereund shall equal the ceiling, the contractor shall irmediately notify the j
Contracting Officer.
RS-ADM-86-256 Page 10 G.2 Frequency of invoicing invoices shall be submitted monthly in accordance with the instructionsAll servi set forth in Section G.S. " Invoice Requirements."
and accepted during the billing period shall be includ actual occupancy.
G.3 Project Officer The individual (s) Ifsted in "B" below is (are) hereby designated as(hereinaft the Contracting Officer's authorized representative A.
The called Project Officer) for technical aspects of this con
_hich results in or could result in an increase in contract cost:
or tenninate, settle any claim or dis pute arising under the contract, w
or issue any unilateral _ directive whatever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical
- progress, including surveillance and assessment of performance, and recomending to the Contracting Officer changes in requirements; (2) interpreting the scope of work;perfon (3) perfonning technical evaluation as required; (4) technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit recommendations for
- approval, disapproval, or suspension for o
the contract.
The Contracting supplies / services required under Officer is responsible for directir,g or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Cont in the contract; (2) not constitute new assignment of work or change it must:
to the expreised 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:
Office Address:
Telephone Number:
- To be incorporated into any resultant contract
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RS-ADM-86-256 Page 11 G.4 Payment Due Date (a) Payments under this contract will be due 30 calendar days after 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 (b) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made individual payments exceeding $25,000.
The date a check is for issued shall be considered the date payment is made for individual payments of $25,000 or less.
G.5 Invoice Requirements 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 er rendered.
(4)Shippingandpaymentterms.
(5) Name (where practicable), title, phone number, and complete malling address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.6 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177(96 STAT.85,31USC1801) is app 1Leable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.
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RS-ADM-8'6-256 Page 12 (b) Deteminations 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.
Section H - Special Contract Requirements H.1 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor may be furnished proprietary data (trade secrets) or or privileged technical,
- business, or financial confidential financial informa tion, including Comission plans, policies, reports, plans, internal data protected by the Privacy Act of 1974 (P.L.93-579),
or other information which has not been released to the pubite or has been determined by the Commission to be otherwise exempt from disclosure to the pubite. 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 Contractor agrees to return such information to the organization.
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 Officer shall direct upon completion or event as the Contracting termination of this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
H.2 Option to Extend the Term of the Contract The term of this contract may be extended within the Ilmits stated in Section B.1 at the unit prices set forth therein at the option of the Government. Pursuant to Contract Clause 52.217-9, " Option to Extend the Term of the Contract--Services (Apr 1984),"Section I, written notice of such extension will be given to the contractor not later than thirty (30) days prior to expiration'of the contract.
RS-ADM-86-256 Page 13 H.3 FAR Clauses _
OPTION FOR INCREASED QUANTITY--SEPARATELY PRICE 52.217-7 ITEM.
(APR 1984)
The Government may require the delivery. of the numbered ifne item, identified in the Schedule as an option item in the quantity and at the priceThe Contracti l
written notice to the Contractor within the period sp stated in the Schedule.
called for under the contract, unless the parties otherwise agree.
(Endofclause (AV7-104.27(b)
(AV1-1.1508-2(b)
H.4 Contract Secu:ity Requirements Security / Classification Requirements, NRC Form 187, is furnished hereto.
will involve storage of classified Performance under the contract Security Information) requiring a Secret information (Secret NatWnl"L" p rsonnel security clearances.
Tacility and shall be processed and granted in facility clearance arf (leasa ces personnel security c accordance with NRC Manual Chapter 2101 and its appendices.
The contractor shall submit to the U.S. Nuclear Regulatory Comm Division of Security, Washington, D.C.
20555 within thirty (30 calendar days following contract award, completed Personnel Se i
Questionnaf re Packets for all personnel requiring securf ty clear Those personnel shall be identifled at the time of contract award.
The contractor's factif ty securf ty plan, prepared in accordance
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NRC Manual Chapter 2101 and its appendices, shall be submf NRC Division of Security not later than forty-five (45) calendar following' contract award, If, subsequent to the date of this contract, the security level the contract is changed by the Comission and such cha d
performance under the contract, the contract cost, delivery increase or decrease both and any other provisions of the contract that may be affe be subject to an equitable, adjustment by reason of such increas Any equitable adjustment shall be accomplished in the smae manner as if such changes were directed under the " Cha decreased costs.
l Contract Clause No. 52.243-1, Alternate I, hereto.
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RS-ADM-86-256 Page 14 H.S Estimated Requirements The quantities listed in Section 8.1., Contract Line Item Nos.1, 2, 4, and 6-9 (11,12,14 and 16-19 for the Option Year) are estimates of the volume of archival records to be stored and services to be provided hereunder.
These contract line items are subject to the provisions of Contract Clauses 52.216-18, " Ordering," and 52.216-21. " Requirements."
Thest items will be ordered on an as needed basist with the exception of Item 4 (14 for option year), the contractor will be pafd for only the storage area (s) actually occupied or services ordered.
Payment will be made for Item 4 (14 for option year) based upon the number of square feet within the expanded area.
The storage and work areas required under Contract Line Item Nos. 3 and 5 (13 and 15 for the Option Year) are fixed requirements to be " dedicated" for NRC use and the contractor will be paid at the monthly rate stipulated.
H.6 Security (OMB Clearance Number 3150-0112)
(a)
It is the Contractor's duty to safeguard Restricted Data. Formerly Restricted Data, and other classified information.
The Contractor in accordance with the Commission's security regulations and
- shall, requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the Contractor's possession in connection with the performance of work under this contract.
Except as otherwise expressly provided in this contract, the Co,ntractor shall, upon completion or termination of this contract, transmit to the Comission any classified matter in the possession of the Contractor or any person under the Contractor's control in connection with performance of this contract.
(b)
Regulations.
The Contractor agrees to conform to all security regulations and requirements of the Commission.
Definition of Restricted Data. The term " Restricted Data," as used (c) in this clause, means all. data concerning (1) design, manufacture, or utfifration of atpmic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.
(d)
Definition of Formerly Restricted Data.
The term "Formerly Restricted Data." as used in this clause, means all data removed from the Restricted Data category under section 142-d. of the Atomic Energy Act of 1954, as amended.
Security Clearance Personnel.
The Contractor shall not permit any (e) individual to have access to Restricted Data Fonnerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Comission's reguistions or requirements applicable to the particular type or category of classified information to which access is required.
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RS-ADM-86-256 Page 15 (f)
Criminal Liabfifties.
It is understood that disclosure of i
Restricted
- Data, Formerly Restricted
- Data, or other classified information relating to the work or services ordered hereunder to any i
person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the Contractor's control in connection with work under this contract, may subject the Contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States.
(See the Atomic E.iergy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 11652.)
(g)
Subcontracts and Purchase Orders.
Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
H.7 Contractor Organfrational Confitets of interest (0MB Clearance Number J150-0112)
(a) Purpose.
The primary purpose of this clause is to afd in ensuring that the Contractor:
(1) Is not placed on a confileting role because of currer.t or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair comptitive advantage over other parties by virtue of its performance of this contract.
(b)
Scope.
The restrictions described heret'n shall apply to 7
performance or participation by the Contractor as deff ned in 41 CFR 520-1.5402(f) in the activities covered by this clause.
(c)
Work for Others.
Notwithstending any other provision of thf s contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm.or organfration, the result of which may give rise to a confifct 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 prov4sfon of this clause.
If the Contractor believes with respect to itself or any such j
employee that any proposed consultant or other contractual arrangement i
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 af ter award.
(1)
The Contractor warrants that to the best of f ts knowledge and belief and except as otherwise set forth in this contract, it does not have any (organfrational conflicts of interest, as deffned in 41 CFR 20-1.5402 a).
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As-ADM-86-256
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(2)
The Contractor agrees that if after award it discovers organizational confilets of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the This statement shall include a description of Contracting Officer.
the action which the Contractor has taken or proposes to take to The NRC may, however, terminate avoid or mitigate such conf 1fets.
the contract for convenience if it deems such termination to be in the best interests of the Government.
(e) Access to and use of infonnation.
(1)
If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies,(financial plans, internal data protected by the P of 1974 pubitc, the Contractor agrees not to:
Use such information for any private purpose until the (f) '
information has been released to the public; compete for work for the Consnission based on such (ff) information for a period of six (6) months af ter either the completion of this contract or the release of such information to the pubitc, whichever is first; (fff) submf t an unsolicited proposal to the Government based on such information unti' one year after the release of such Information to the pubtfe, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the pubite by the NRC.
(2)
In addltion, 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 the right to use technical data ft provisions of this contract, 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 The terms " contract," " Contractor," and subcontracts of any " tier.shall be appropriately modified to preserve the Government'g Of ficer.
"Contractins rights.
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RS-ADM-86-256 j
Page 17 For breach of any of the above prescriptions or for Remedies.
(g) l intentional nondisclosure or misrepresentation of any relevant intcint required to be disclosed concerning this contract or for such erronenus representations as necessarily imply bad fatth, the Government may i
the contract for de faul t, disqual f fy the Contractor from contractual efforts, and pursue other remedies as may be terminate subsequent permitted by law or this contract.
A request for wafver under this clause shall be directed (h)
Waiver.
in writing through the Contracting Officer to the Executive Of rector for Operations (E00) fn accordance wtth the procedures outifned in 520-1.5411.
H.8 Method of Payment (a) Payment under this contract will be made by wire transfer through individual the Treasury Financial Comunications System for each in excess of $25,000 and by Treasury check for each payment individual payment of $25,000 or less.
the (b) Within seven days after the effective date of the contra Officer to factif tate wire transfer of contract Contracting In the event that the Contractor's financial institution sayments.
1as access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9.
In the event the financial institution does not have access to the Contractor's Federal Reserve Comunications System, Contractor shall complete all l
1 items except item 4.
1.
Name and address of organization 2.
Contact person and telephone number 3.
Name and address of financial Institution 4.
Contractor's Financial institutions's 9-digit ABA identifying number for routing transfer of funds Telegraphic abbreviation of Contractor's financial Institution 5.
Account number at Contractor's financial institution if it receives electronic funds transfer messages through the Federal 6.
Reserve Comunications System i
Name and address of the correspondent financfal institution if 1
the Contractor's financial fnstitution does not receive 7.
i' electronic funds transfer messages through the Federal Reserve l
Comunications System 1
1
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R$-ADM-86-256 Page 18 8.
Correspondent financial institution 9-digit ABA identi fying 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 pron.ptly to avoid payments to erroneous bank accounts.
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RS-ADM-85-256 Page 19 PART II - CONTRACT CLAUSES Section ! - Contract Clauses 52.216-18 ORDERING.
(APa1984)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule.
Such orders may be issued from effective date of contract award through a two year period or as further extended.
(b) All delivery orders are subject to the terms and conditions of this I
contract.
In the event of confilet between a delivery order and this contract, the contract shall control.
(c) If mailed, a delfvery order is considered "tssued" when the Government deposits the order in the mall.
Orders may be issued orally or by written telecomunications only if authorized in the Schedule.
(End of clause)
(R7-11011968JUN) 52.216-21 REQUIREMENTS.
(APR1984)ALTERNATEI(1984)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.
The quantitles of supplies or services spectfled in the Schedule are estimates only and a e not I
purchased by thf s contract.
Except as thfs contract may othervise provide, f f the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the Schedulr. that fact shall not constitute the basis for an equitable price adjustment.
l (b) Delivery or performance shall be made only as authorfred by orders Issued in accordance with the Ordering clause.
Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering l
clause.
The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) The estimated quantitles are not the total requirements of the Covernment activity speciffed in the Schedule, but are estimates of requirements l
in excess of the quantities that the actfvIty may f tself furnish wf thin f ts own capabilities.
Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for suppifes and services speciffed in the Schedule that exceed the quantities that the activity may(itselffurnishwithinitsowncapabilities.
d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total nrders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
[f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within 'the time specif f ed in the order.
The contract shall govern the Contractor's and Government's rights and obligations with respect t that order to the same
m RS-ACH-86-256 Page 20 r
4 i
extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliverfes under i
this contract beyond ten days following expiration of the contract..
(End of clause) i (R 7-1102.2(b) 1966 0CT) 52.217-9 OPTION TO EXTEND THE TERM Of THE CONTRACT--SERVICES.
(APR 1984)
(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 i
Government shall give the Contractor a preifminary written notice or its intent to extend at least 60 days before the contract expires..The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be l
considered to inelude this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years.
(Endofclause l
(R7-104.27(c)
R 1-1.1508-2(d) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.
(APR1984)
(a) Definition.
l "Small business concern," as used in this clause, means a concern, including f ts afff1f ates, that is independently owned and operated, not dominant in the i
1 field of operation in which it is bidding on Governunt contracte., and qualffted as a small business under the size standards in this soffcitatinn.
i (b) General.
(1) Offers are solicited only from small business concerns.
)
1 Offers received from concerns that are not small business concerns shall be l
considered nonresponsive and will be rejected.
l (2) Any award resulting from this solicitation will be made to a small l
business concern.
(c) Agreement. A manufacturer or regular dealer submitting an offer in its own name agrees to furnish, in performing the contract, only end items I
manufactured or produced by small business concerns inside the Unf ted States.
f ts territories and possessions, the Comonwealth of Puerto Rico, the Trust
[
i l
Territory of the Paef fic Islands, or the District of Columbia.
However, this t
i j
requirement does not apply in connection wf th construction or service contracts.
(End of clause)
(R7-2003.21972JUL) l i
(R1-1.706-5(e))
52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.
(APR 1984)
(a) This acquisition is not a set aside for labor surplus crea (LSA) concerns.
However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation.
In order ~ to determine t
whether the offeror is entitled to a preference under (1) or (2) above, the l
i I
of feror must identify, below, the LSA fn which the costs to be incurred on l
I i
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o i
RS-ADM-86-256 Page 21 account of manufacturing or production (by the offeror or the first-tier subcontractors) amount to mere than 50 percent of the contract price.
(b) Failure to identify the locations as 'specified above will preclude If the offeror is awarded a consideration of the offeror as an LSA concern.
contract as an LSA concern and would not have otherwise qualified for award, the offeror shall perform the contract or cause the contract to be performed in accordance with the obifgstions of an LSA concern.
(Endofclause)
(R7-2003.131978JUN)
FPR TEMP. REG 76 SERVICE CONTRACT ACT This contract is subject to the (a) Service Contract Act of 1965, as amended:
Service Contract Act of 1965, as amended (41 U.S.C. 351 and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).
Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum (b)(1) monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorize representative, as specified in any wage determination attached to this contract.
If there is such a wage determination attached to this contract, the contracting officer shall require that any class of service (2)(1) work to be performed is not performed by any classification If sted in the wage determination), be classified by the contractor so as to Such classifications and the classifications Ifsted in the wage determination.
confermed class of employees shall be paid the monetary wages and furnishe fringe benefits as are determined pursuant to the pro of this section have been app) roved by the Office of Managem OMB control number 1215-0150.
Such conforming procedure shall be initiated by the contractor prior to A written (11) the performance of contract work by such unlisted class of employee.
report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employee 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 unifsted class of employees p submit a report of the action, together with the agency's recomendation and all work.
pertinent information including the position of the contractor and the employees, to the Wage and Hour Divisfon, Employment Standards Admini u
O
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RS-ADM-86-256 Page 22 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 detennination 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 confonned pursuant to this section, a new confonned wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,
adjustin'g) the previous confonned rate and fringe benefits by an amount equal to 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 are listed in the current wage determination, and those specified for the corresponding classifications in the previously appifcable wage determination.
Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the con. tractor shall advise the contracting officer of the acfion taken but the other procedures in paragraph (b)(2)(fi) 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.
(v)(The wage rate and fringe benefits finally detennined pursuant to para the classification fror the first day on which contract work is performed by them in the classification.
Failure to pay su:h 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
.comenced contract work shall be a violation of the Act and this contract.
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RS-ADM-86'-256 Page 23 i
(vi)
Upon discovery of failure to comply with paragraph (b)(2)(f) through (v) of this section, the Wage and Hour Division shall make a final determination of classification, wage rate, and/or fringe benefits which shall be conformed 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 the minimum 1965 as amended, the term of this contract is more than 1 year, monetary wages and fringe benefits required to be paid or furnished thereunder less to service employees shall be subject to adjustment after 1 year and not 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 detennined conformably thereto by furnishing any equivalent combinations of bona fide fringe Mnefits, or by 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 (regardless of whether they are service performing work under the contract 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.
If this contract succeeds a contract, subject to the Service Contract Act
.(2) of 1965 as amended, under which substantially the same services were furnished fn 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 th's 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 provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and in wages and fringe benefits fringe benefits and any prospective increasesNo contractor or subcontractor under this provided for under such agreement.
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 hearing 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 prevati for services of a character similar in the locality, or determines, as provided in 54.11 of 29 CFR Part 4, tnat the collective bargaining agreement appitcable to service employees result of employed under the predecessor contract was not entered into as a Where it is found in accordance with the review ann's-length negotiations.
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 berefits contained in a predecessor contractor's collective bargaining agreemept are substantially at variance with those which
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RS-ADM-86-256 Page 24 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 offective as of the date of the final administrative decision.
(e) The contractor ano 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 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 perfonned in buf1 dings 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 sa fety 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)(1) 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)(4) 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).
(f) 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 ra tes of frinqe benefit payments in lieu thereof, and total daily and weekly compensation of each employee.
(111) 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.
i i
RS-ADM-86-256 Page 25 (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 ra tes 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 $4.61(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 of the officer, upon direction of the Department of Labor and notification contractor, shall take action to cause suspension of any further payment or advance of funds untti such violation 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 Such payments shall be made no later than one pay. period following any account.
the end of the regular pay period in which such wages were earned or accrued.
A pay period under t!.is 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 In the event underpaid employees employed by the contractor or subcontractor.
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 In be grounds for termination of the right to proceed with the contract work.
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."
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RS-ADM-86-256 Page 26 (k)(1)
As used in these clauses, the term " service employee" means any person Gngaged 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 tenn " 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 employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and wnuld, if so employed, be paid not less than the following rates of wages and fringe benefits:
Monetary Employee Class wage-fringe benefits (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 app 1tcation and accrual of, su,ch 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 comencing performance of the c'ontract, in the case of collective bargaining agreements effective at such time, and in the case of ;;uch agreements or provisions or amendments thereof effective at a later time during the period of contract performance, 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 c.ontract 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 ifst shall also contain anniversary dates of employment on the c'ontract either with the current or predecessor contractors of each such service employee.
The e
/c RS-ADM-86-256 Page 27 contracting officer shall turn over such list to the successor contractor at the co#mnencement 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 Ireligible 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 riay 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 Pubife 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, s tudent-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be emplo wages lower than the minimum wages otherwise required by section 2(a)yed at (1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or
-cash p.ayments 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 sheTtered 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 channing 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).
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RS-ADM-86-256 t,
Page 28 l
(3) The Administrator wf11 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 Regulatiens.
(p) Apprentices wf11 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 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 Adminis tra tion, 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 l
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 occupatton 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 utfitze 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 credi,t 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 OMB 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.
l l
(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 becordance 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 age'ncy, the U.S.
Department of Labor, the employees or their representatives.
(FPR Temporary Regulation 76) 6
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RS-ADM-86-256 Page 29 52.233-3 PROTEST AFTER AWARD (JUN 1985)
(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, u' y written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract.
The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.
Upon receipt of the final decision in the protest, the Contracting Officer shall either--
(1)Cancelthestop-workorder;or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work.
The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer
- shall allow reasonable costs resulting from the stop-work order in arriving at
-the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order' is' terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.
(APR1984)
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 Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE.
(APR 1984)
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RS-ADM-86-256 Page 30 Section F 52.247-34 F.0.8. DESTINATION.
(APR1984)
Section I 52.202-1 DEFINITIONS.
(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES.
(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.
52.214-26 AUDIT--SEALED BIDDING. (APR 1985) (APR 1984) 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING MODIFICATIONS--SEALED BIDDING.
(APR 1985) 52.214-28 SU8 CONTRACTOR COST OR PRICING DATA--MOD BIDDING.
(APR1985) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMA DISADVANTAGED BUSINESS CONCERNS.
UTILIZATION OF WOMEN-0WNED SMALL BUSINES 52.219-13 52.220-3 (APR 1984)
UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
52.222-1 (APR1984)
- NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
52.222-3 CONVICT LABOR.
(APR 1984)
(APR 1984) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT COMPENSATION--GENERAL.(APR 1984) 52.222-26 EQUAL OPPORTUNITY.
(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDIC 52.222-43 ADJUSTMENT 'MULTIYEAR AND OPTION CONTRACTS).
52.223-2 CLEAN AIR AND WATER. (APR 1984)
(APR 1984) 52.227-1 AUTHORIZATION AND CONSENT.
(APR 1984)
. 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR 1984)
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52.227-3 PATENT INDEMNITY.
(APR 1984)
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52.229-3 FEDERAL, ETATE. AND LOCAL TAXES (APR 1984) 52.232-1 PAYMENTS.
(APR1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT.
EXTRAS. JAPR 1984)
(JUL 1985) 52.232-11 52.232-17 INTEREST.
(APR1984) 52.232-23 ASSIGNMENT OF CLAIMS.(APR1984) 1 52.?33-1 DISPUTES.
(APR 1984) 52.243-1 CHANGES--FIXED-PRICE.(APR 1984)--Alternate I.
(APR 1984) 52.245-1 PROPERTY RECORDS.
(APR 1984) 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM).
52.249-2 (APR 1984)
TERMINATION FOR CONVENIENCE OF THE GOVE (APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).
(APR 1984)
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RS-ADM-86-256 Page 31 I
y PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS I
Section J - List of Attachments Attachment Number Title 1
NRC Organization Chart 2
NRC Contractor Organizational Conf 1fets of Interest (41 CFR Part 20) 3 Security / Classification Requirements, NRC Form 187, 2 pages l
f
(
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i PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
Definitions.
20-1.5402 Criteria for recognizing contractor organizational 20-1.5403 conflicts of interest.
20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
Special contract provisions.
20-1.5405-2,
Evaluation, findings, and contract award.
20-1.5406 Conflicts identified after award.
20-1.5407 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcohtractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.
AUTHORITY:
83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy' (HRC)(a) It is the policy of the U.S. Nuclear Regulato o
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with of interest.
organizations or persons (including those regulated by NRC) which may.
give rise to actual or potential conflicts of interest in the event of
~ _ contract award.
Contractor conflict of interest detenninations cannot be made l
automatically or routinely; the application of sound judgment on virtually (b) a case-by-case basis is necessary if the policy is to be applied so asIt is to satisfy the overall public interest.
in advance a specific method or set of criteria which would serve to identify and rescrive all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations NRC contracting and program officials to guide application of the policy.
must be alert to other situations which may warrant application of t The ultimate test is:
policy guidance.the contract, be placed in a position where its judgment may or where it may have an unfair competitive advantage?
The conflict of interest rule contained in this subpart applies Individuals or fims who have other (c) to contractors and offerors only.
relationships with NRC (e.g., parties to a licensing proceeding) a covered by this regulation.of consulting services through the personnel ap _ -_-
7590-01 agreements with other governnEnt agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
120-1.5402 Definitions (a) "Organizatienal conflicts of interest" means that a re'.ationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) ' Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) " Technical consulting and management support services" stans internal assistance to a component of the NRC in the formulation or administration of. Its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public ir proprietary Informati6n.
Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work. -
(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, finn, unincorporated association,
.joint venture, co-sponstor, partnership, corporation, affiliates thereof, or.their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC. -
(g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to contr,ol both (41 CFR I1-1.606-1(e)).
(h) " Subcontractor" means any subcontractor of any tier which performs work under a centract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(1) " Prospective contractor" or " offeror" means any person, firm.
unincorporated association, joint venture, partnership, corporation, or y
affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solteited or. unsolicited, to the NRC to obtain a contract.
2
7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual. conflict of interest may arise from award of a proposed contract.
The tenn " potential conflict of interest" is used to signify those situations which. merit investigation j
prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be. reported to the contracting officer for investigation if they arise during contract performance.
I20-1.5403 Criteria for recognizing contractor organizational confli.:ts of interest (a) General. Two questions will be asked in determining whether actual or patential organizational conflicts of interest exis*:
(1)Are there conflicting roles which might bias a contractor's jud pent in
, relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate detennination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perfonned. While it is. difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention _to proposed. contractual. requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the i
NRC's decisions on regulatory activities, future procurements, and research programs.
(b) Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational N conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same aren to any organization regulated by the NRC.
(11) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its Judgment may be biased in relation to -its work for the NRC or may otherwise l
result in an unfair competitive advantage for the offeror or contractor.
I
.3-1
7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in $20-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(11) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive
)
procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor 2 - a confiteting role in which its judgment may be biased in relation '.o its work for the NRC or may otherwise result in an unfair competttive advantage for~ the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organizational confitet of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RFP), preposes to undertake certain analyses of a reactor component as called for in the RFP.
The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing si ilar analyses for the reactor m
m' anufacturer.
Guidance. An NRC centract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility c1fents.
None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualtf ted company to perform the work outlined in the RFP.
4 9
7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp, because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the perfonnance of the NRC contract with the private sector which could create a conflict.
For example, A8C Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3)
Example. As a result of operating problems in a certain type of coernercial nuclear facility, it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinsted in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
~
(4)
Example.
The ABC Co. submits a proposal for a new system fo'r~
evaluating a specific reactor component's performance for the purpose of
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developing standards that are important to the I:RC program. The ABC Co.
'.has advised.NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using o'ider systems for evaluation of the specific reactor component, i
l Guidance. A contract could be awarded to the ABC Co. provided that I
the contract stipulates that no information produced under the contract i
will be used in the contractor's private activities unless such information has been reported to NRC. Inform' ation which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the perfonnance of contract work, it shall not be used in the contractor's private activities unless, such information is generally available to others.
Further the contract
?
will stipulate that the contractor will inform thw NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
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5-
7590-01 (5)
Example. The ABC Corp., in r'esponse to a RTP proposes to assemble a map showing certain sr.ismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and s20-1.5403(b)(1)(1), A8C Corp. infonns the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern Untted States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance.
Tne contracting officer would normally conclude that award of a contract would not place A8C Corp. in a confileting role where its judgment might be biased.
The work for others clause of 120-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to l
a determination of the existence of such confilets prior to the award of I
a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which r-ise from organizational conflicts of interest, or that a follow-on procurement 's not involved, or that a contract is awarded on a competitive or a sole source basis.
I20-1.5404 Representation
~
(a) The following procedures are designed to assist'the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational confilets of interest with respect to a
'particular offeror or contractor.
(b) Representation procedure.
The fo: lowing organizational confitc*.s of interest representation provision shall be included in all solicit tions and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; I
(3) research; and (4) other contractual situations where special organizational conflicts of interest provision; are noted in the solicitation and would be included in toe resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, a statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement
- P shall be required.
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7590-01
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i ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
j The award to-of a contract or the modification of an of the type set forth in 41 CFR's.20-1.5403(b)(1), existing contra
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(c)
Instructions to offerors.
The follcwing shall be included in all NRC solicitations:
that situations or relationships of the. type set forth in 41 CFR(1) If o
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s 20-1.5403(b)(1) are involved, or the contracting officer otherwise j
detensines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner g
all relevant facts bearing on his representation to the contractinq officer.
If the contracting officer determines that organizationa' g
conflicts exist, the following actions may be taken:
(1) Impose appropriate 1
cenditions which avoid such conflicts (ii) disqualify the offeror c,.
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States to seek award of the contract under the waiver provisions of F~~
i I20-1.5411.
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(2) The refusal to provide the representation required by 820-42 l
by s20-1.5404(c), shall result in disqualification of the offeror 1
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award.
The nondisclosure or misrepresentation of any relevant interest
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may also result in the disqualification of the offeror for award; or if 1
such nondisclosure or misrepresentation is discovered after award, the resulting contract may be tenminated.
fiom subsequent related NRC contracts. and be subject to such otherThe offeror
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j.
remedial actions provided by law or the resulting contract.
(d)
The offeror sey, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically i
prohibits such exclusion.
Any 'such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
l NRC considers the proposed excluded work to be an essential or integral If the w o,. -
part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
(a) by subsection (b) abnve with respect to invitation for bids will beThe o l
considered to be a minor informality, and the offeror will be pennitted to correct the omission.
I20-1.5405 Contract clauses s20-1.5405-1 General contract clause nravbT
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7590-01 520-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract fdr a breach of the restrictions in 'this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at_Washinoton. D.Cthis_ 27th day of March 1979.
i For the Nuclear Regulatory Comission cYcuudN ( h &
s Samuel J. Chilk Secretary of the Comission e
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7590-01 (b) Avoid or eitminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.
120-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to----
submit a representation statement in accordance with 120-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with s 20-1.5405 in consultant agreements or subcontracts involving performance of work
'under a prime contract covered by this subsection.
120-1.5411 Waiver In the first instance, determination with respect to the need to l
seek a waiver for specific contract awards shall be made by the contracting officer with the advi~ce and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recomendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be F
employed by NRC to neutralize the conflict.
For any such walvers, the
, justification and approval documents shall be placed in the Public Document Room.
. l
i 7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of performed by the contractor; production contracts following a related nonproductio (2)
Software exclusion clauses; f
(3)
Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and guard against its unauthorized use.
- 7 (b) The following additional contract clause may be included as section (1) in the clause set forth ini iT 20-1.5405-1 when tt is determined that award of a follow-on contract would constitute an organizat!o'nal conflict of interest.
r.
(1)
Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of
.r-work under this contract.
the contracting officer, the contractor shall not perform any technicalFur T
consulting or management support services work or evaluation activities
[
under this contract on any of.its products or services ce the products cr services of another firm if the contractor has been substantiallyin m.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor
- shall be ineligible to perform or participate in the initial contractual
' effort which is based on such statement of work or specifications.
.L The contractor shall not incorporate its products or services in such statement of. work or specifications uriless so directed in writing by the contracting g
officer apply., in which case the restriction in this subparagraph shall not (3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard co.mercial items to the government.
m 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitteo by an offeror pursuant to the representation requirements of 120-1.5404(b) and other relevant.information.
Af ter evaluating this information agains't the criteria of J 20-1.5403, officer whether organizational conflicts of interest exist with respecta finding will be m to a particular offeror.
If it has oeen determined that conflicts of interest exist, then tne contracting officer shall ettner:
(a) Disqualify ene offeror from award,
.T5U 13 IM S att e Ni g VtOut s *** * --
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7590-01 on such information for a period of six (6). months af ter either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited pro such information to the public, cr (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.*
In addition, the contractor agrees that to the extent it (2) 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 infonnation under this contract, the contractor shall treat such information in accordance with restrictio placed on use of the information.
The contractor shall have,-subject to patent and security (3) provisions of this contract, the rtght to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
Except as provided in 41 CFR.5 20-1.5402(h), the (f) Subcontracts.
contractor shall include this clause, including this paragraph, in The termi " contract," " contractor," and subcontracts of any tier." contracting officer " shall be appropriately modif government's rights.
For breach of any of the.above proscriptions or for (g) Remedies.
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 7
nterminate the contract fer default, disqualify the con l
permitted by law or this contract.
A request for waiver under this clause shall be directed in writing through the contracting officer to t (h) Waiver.
l ini20-1.5411.
l 520-1.5405-2 Special contract provisions.
If it is determined from the nature of the proposed contract may determine that such conflict can be avoided (a) j waiver in accordance with $ 20-1.5411, neutralized through th.e use of an t
If appropriate, the offeror may appropriate special contract provision.
negotiate the terms and conditions of these clauses i
i but are nat limited to:
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7590-01 All contracts of the types set forth in i 20-1.5404(b) shall include the following clauses:
The primary (purpose of this clause is to aid in1) Is not pla (4)
Purpose.
ensuring that the contractor:
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 advantaga over other parties by virtue of its performance of this contract.
(b)
Scope.
The restrictions described herein shall apply to perfomance or participation by the contractor as defined in 41 CFR s 20-1.5402(f) in the actitities 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 forego entering into consulting or other contractual arrangements with
.any firm or orginization, the result of which may give rise to a conflict of interest with respect to the work being perfomed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract. and amployees. designated as key personnel, if If the any, under this contract abide by the provision of this clause.
contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim 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 af ter 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 confitets of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate 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 The NRC shay, however, teminate the contract for convenience conflicts.
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 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 tha public, the cohtractor agrees not to: (1) Use such information for any(private purpose until the information has bee released to the public; ii) compete for work for the Comission based
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- 10. CLASSIFICATION REVIEW OF CONTR ACTOR /SUSCONTRACTOR REPORTIS) AND OTHER DOCUMENT 5 WILL DE CONDUCTED SY NAME OF AND T Lg agOF AUTHORIZED CLAS$1FIER O
O Di..ON Or asCunity
- 11. REQUIRED DISTRIBUTION OF NRC PORM 187 ICane woor.ere con ms r
SPONSOMING NRC OF FICE OR DIVISION fim fJe>
PR!ME CONTMACTOR fim ess DIVISION OF SECURITV fim FM SUSCONTRACTORfim $st y
INNN,' "
DivteiON OF CONTRACTS tre tN X
SECURITY /CLAS$lFICATION REQUIREMENTS FOR SU8 CONTRACTS RESULTING FROM THIS CONTRACT WILL SE APPROVED BY THE OFFICIALS NAMED IN ITEMS 12b AND 12c BELOW.
12.THE SECURITY /CLAS$1FICATION REOutREMENTS AND ATTACHMENTS REFERENCED HEREIN HAVE SEEN APPROVED BY THF. OFFICIALS NAMED IN 12e AND b BELOW. FINAL CONTRACTING APPROVAL SY THE DIRECTOR, DIVl880N OF CONTRACTS OR His REPRESENTATIVE IS TO DE INCLUDED IN 12 SELOW.*
NAME SiONATURE DATE
- e. DIRECTOR, OFFICE OR DIVISION t
William J. Besaw S
- b. C RECTOR, DIVISION OF SECURITY Raymond J. Brady I
d.
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- c. oim TOR, oiviSION OF CONTRA S hke 1 /
l / PS
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R.MA.R.
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