ML20138C883
| ML20138C883 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1985 |
| From: | Hagan T NRC OFFICE OF ADMINISTRATION (ADM), ROBERT CHARLES MOLES & ASSOCIATES |
| To: | |
| Shared Package | |
| ML20138C868 | List: |
| References | |
| CON-FIN-B-8756, CON-NRC-05-86-171, CON-NRC-5-86-171 NUDOCS 8512130108 | |
| Download: ML20138C883 (51) | |
Text
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- AWARD / CONTRACT
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- 2. C ON T R AC 1 II'rur An;r Jdrest s No. 3. E s # t c i evL DAI L HL u ush:1 aoN/PUHLN 5L HL uvi s 1/PHOJL LI NO NRC-05-86-171 12-2-85 OIE-86-171
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CODr L '^ " ' ' ' ' ' ' " " ' " ' " ' ' ' ' ' * ~ " ' ' ' " ' ____ CODt L _.. _ _ US Nuclear Regulatory Comission Division of Contracts Washington, DC 20555
- 7. N AVE AND ADDR L55 OF CONT R AC T O54 tho . strer t. tsts. counts. Sta te end /J1' 004. # 8 DE LIVE Hv rOs OniG'~ O o'"' a <s 8 -
Robert Moles & Associates ,.O,5COuN,,OR ,,oo,i ,A,otN, 6925 Shallowford Road, Suite 210 Chattanooga, TN 37421 2% 20 Days to SueviT INVOICES l'T E v 14 econes unless vthr* uw st*ccefards TO THE 12 CODE lF ACILITY CODE ADDRE SS SHWJN IN n . 5- i o < v A m , o ., j a pAvulm mLL et eAo' " CODEl ____ _ US Nuclear Regulatory Comission See Section F ORM/ Division of Accounting & Finance
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3 3 AUT **dRIT'v # 6EU' sin 6 OT H166H AN IUL AND OPE N' C Oi.*rt i s 7 3 4. A OVN N . H isON DAT A TION B&R: 30-19-06-02 FIN: B8756 O to u 5 C 2 men i ' Appn: 31X0200.306 O n U S C 253e 15A ITEY ND 15E SurPLIES'SE RVICES 15C OUANTITY ISD UNIT ISE UNIT PRICE I 15F AVOUN' See Section B 8512130108 851202 PDR C ONTR NRC-05-86-171 PDR I 15G. TOTAL AMOUNT OF CONTR ACT >} s 105,992.50
- 16. TABLE OF CONTENTS O lSEC l DE SC A IPTION lPAGE ISI Vi lSEC l DE SC RIPTION l PACES PART t - THE SCHEDULE PART il - CONT R ACT CL AUSES A SOLICITATION / CONT A ACT F O AV l 1 l CONTR ACT CL AUSES l B SUPPLIES OR SE PVICES AND PRICES' COSTS PART lit - LIST OF DOCUVENTS, E
- HIBITS AND OTHE R ATT AC-C DESCRIPTION /SDECS V.t AK ST ATEMENT l J j LIST OF ATT ACHUENTS l D PACK AGING AND VA AKINC PART IV - RE PR ESE NT ATIONS AND INST RUC T aONS E INSpECTfDN AND ACCEPT ANCE K REPRESE NT ATIONS CE RTirlC ATIONS AND r . OELivEPIES O A PE RF ORMANCE OTHE A ST ATEVENTS OF Gr FEROAS G CONTA ACT ADMINISTS ATION DATA L INSTPS C ON S AND NOTICv 5 TO 06 r 6 pC+s
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! SAECI AL CONTR ACT REOui AE YENTS Y Ev AtO ATION F ACTOPS FOA AWARD CONTRACTING OfflCER WIL L COMPLETE ITEM 17 OR 18 AS APPLICABL E 3L h CONT R ACT OR*5 NEGOT I AT ED AG R E E ME NT (Con tracto, e, er 18, Avw AR D IContrac tor is not regaarrd to ssgn thu document *w nrurewd to sign thu document and return C o nte at t oe agrees to fu envuen to assusng offoce p s" and de
- wee aH .tems ce perform sit the serweCes set OHer on Sontatatnon NamDec _ _bS~.0 E*00"b b _ .
+ncluding the accitsons or chances rease Dy you wheth acc.tions o' tra*;en toete or otnerwise scen'n'f ti i ec above anc or any continuation sheets for the a e set forth en f ull above, .s he eby accec ted as in the stems Osied abe=< a-toes o pstec n stateo ne'een. Tne e.gnts anc oDhSations of tne casteen to this an an y continuation sneers T his av a>o consumrtates the cont +act atot* --
contra *t smaH De sub;ect to and goverreec Dy the fotsomerig coturnents: (a) that sists o' the tonioning cocuments- ga; the Govee nment 's so'et ita: ion an ... S Cont'att. (D) the sencitation, i8 any, and (c) such prowessons, representa uffet, anc (b) than award toriteact. asu fu*thee Contractus' doc um ent is et.t
- t een Caetrf i cations , and sDetsf ecat.ons, as s't atta(Med of snCDepotated by
(*E's. nary, ref3*ents herein (A trechmanis are lasted fierran J 39A N AVE AND TIT LL OF SIGNE R 973pt ur prmt) 20A. td AYE OF CON T k AC TING OF f^ sCL R la NAME OF CONT R ACTOR 19C. DATL $6NLD
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BY 95stnature' of 9erson authorard to engno BY _ !k / () natur< of tonfert g o fer)' lh' V N!N 75'0-01 1$2 8069 26 107 ! STkNDARD FORM 26 (Rf V. 4 H) CIEveOUS EDsT SON UNUSABLE yg'jgdjwg GPO : 1985 0 - 469-794
AWARD / CON 1kACT NRC-05-86-171 Page 2 of 2 I. Under Section F - Deliveries and Perfomance, delete Paragraph F.3, Duration of Contract Period, in its entirety and substitute the following in lieu thereof:
"F.3 Duration of Contract Period The period of performance shall commence on December 2,1985 and expire on December 1, 1987."
II. Under Section G - Contract Administration Data, delete Paragraph G.1, Consideration, in its entirety and substitute the following in lieu thereof:
"G.1 Consideration The present estimate for performing the work under this contract is $105,992.50. The total amount obligated is
$30,000.00. The obligational ceiling specified above may be increased written by to notice thethe Contracting contractor.Officer When andfromiftime to time by(s) the amount paid and payable to the contractor hereunder equal the ceiling, the contractor shall be excused from further performance of the work (except to meet existing comitments '
and liabilities) unless and until the Contracting Officer increases the amount obligated under this contract. If and to the extent that such ceiling has been increased, any costs incurred by the contractor in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling."
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(Om ; . . - , , o e , . x. . , . . . . , . . . . ,. e e U.S. Nuclear Regulatory Comission Hand carried bids, which includes " Express Mail,' Division of Contracts or delivery by any commercial delivery service, Washington, D.C. 20555 must be delivered to the address in Block 9. NOTE en sea eo e o so..e tat ors one . ame ' eue ' o*" mea + "t> d sad "troon' SOLICITATION 9 seaiec ohees.*MXXXWoW e e o T,g,j, ,,, ,u, ,,,, ,,, ,g, ,u,,,,,, ,, ,,, ,,c,, ,, ,,, g,,,,u ,, , ,,, ,,, ,,c,,,o ,, ,,, ,, c, ,,,c ,,,, ,, , ,, _ g ,, ,, i honoca ,,fo .n in, aeoos io,, ua ,: ,, 4550 Montcomery Avenue, Room 2223 ,,,,,3 : 00 PL ,,,,, 10-25-85 Bethesda, MD 20814 '"" * *' CAUTION - L ATE Sutmis om voo cond.t.ons co,ta,nec .e ems 50% ta x,'.ca'.ons and w.the a*s's Sr. See t.on L. Provis on No 52 214 7 o' 52 215 10 Als o've's a e sweiect to en terms aae I * ' " ' " " ' # * '#" # * * * * ** " 10 FOR CAuINFORMATeoN %" """ Mark Flynn (301) 492-4287 11 TABLE OF CONTENTS Wi\SEC l DE SCRIPTION lPAGE(S) Wil$EC l DESCRIPTION lPAGE is' PA69 .. T=1Scatovst pa m188 - CONT E A T CLauSen X A ! $0L iceT ATIOYCONT A ACT FO AV l XI e l CONTR ACT CL AUSES ! 24 X e ; s>*NE S On SE m s ICES ANo pa CEs' costs 2 cAnf m - List Or OOcuvENts. E mme Ts ANo Ot-r a Avf A. - X C I DE SCnirTIOYS*E CS St.Opa ST ATE VE NT 5 X > l Lt$T OF ATTACwVENT$ k 2D X C PACE AOINO AND yAGKINC 7 PAR Y IV - RE PRtl(NT AT SONS AND INST m vCT 60NS X E eNSPECTiON ANO ACCEFTANCE 7 REPAESENT ATIONS CE AT ACAT:ONS AND
- DE ttvf pie 5 05 PE850 AVANCE X OTHE A STATEVENTS 08 08 FE ROpi X g 27 Xl G I CONT R ACT ADYiNIST R AT.ON OAT A i 9 X1 L INST AS CONOS . AND NOTICES TO os 5 E = C; s 34 X I
- I SPECI AL CONTc ACT RE OJimE VE.NTS i 12 yl V E V ALUATION 5 ACTOAS 80A Aw Aa0 38 OF F E R Wast be fully comptered by afteror)
NOTE ttere 12 does not sooi, if the not.c.tei.on ence des the prov.s.ons at $2 21416. Minimum Saf Accootaace Pe' od 12 le como aNe a t tw. amo.e 19 w oe e s ;ne:a;rees a te.s o"e es accecies a tNa ca emer ca,s (60 reseada de> s ==lesa a datte's a t pensa is ease red n ene etterees bo= tse care to rece,et et en rse speedeeo acow to tw nism e env or all stems upoa wn.cm p .ces a e onered at the crece ne-oDDos te eac* ste'* ce eve ed 39 t*e ces gea'es Do -t<s' sw t*.e *he time soecdsec en the schedste i3 oiscour.T FOA FRoveT ,Avvf ut ac ca t' oAa cAvs so Cast NOA s. DA s ao c A tNsha oAvs CA.tNoas.oA s (see s,et. i. ch s, As si m s, ke 5% 2g Net 21 dayg c-13 ACKNOWLEDGvf NT OF AVENDVENT5 I AVE NOVE NT NO l DATE AVE NOVE NT NO I DATE IThe effe o* eraoesionges erre,pr et emeeg i ments se, tne sOLICITA TIO\ to offerere one ; I refered doe.amente n.m bered and assed I l I, ISA NAvt CCDE [ } s Aci.et y l 46 Or Nave AND 1 16t Or M H5oN Asimos. 2t L 10 5 6N 8 t h II)pe or pnats AND Robert Moles E. Associates Robert Moles, Owner U "'" 6925 Shallowford Road Suite 210 OrrEaCa Chattanooga, Tennessee 37421 a se T r o t **ONE NO as=e'*de *** ISC CHECK IF AtutTT ANCE ADDAESS 3 7. 5sGNAT unt 3a.Orata OATE L - V R 9-C9 91 k' ADD 5 N SCw E' b M e D 'b'W Aw ARD (To be completed by Goninment) 19 ACCT #T t O Ab 10 titwb Nvwet at o Fo Awovh1 23 AcCOJNTeNG AND ApenO*ReATaON 22 1aossif
- F OE U$ SNG Otat t. Im AN 7 v6 L ANo Opt N COvpf is 10 L' $ C 2304teli n 4105C 25341f I 23 $UEwit INVOICES TO ADORES 5 5dOWN IN d D AbwiNisit a tO s v est erne, rae isem r, t8 corses sa'e** *faen= *** **eerteeds %
CODE [ 26 PA mtN T *iLL et aa ADE ev coot U.S. Nuclear Regulatory Comission[ Division of Accounting and Finance, ORM ATTN: GOV /COM Accounts Section, Wash., DC 20555 26 NAvt os CONT a Ac t SNG or r ect a (73pe e enati 2's. UNITED STATE $ OF AndERICA #8 ^**"OO'TL tseenature ettenevoetens Otterers SWPORT ANT - Aas d w n be made ca t'.,s f o**r 0+ on Steade d Form 26 o< by othee asthoeired oft. cia'swritten not.ce NSN 7540-01-157 4048 33333 ST ANDARD FO AM 33 6*E V. a 8H PRtviovS EOef TON NOT USAs6E y *gryg,y g , GPO e 1961 O - 469-79)
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CONTINUATION SHEET RS-0IE-86-171 2 40
# AGES NAME QF QFFERQR QR CONTRACTOR sVPPLIES/ SERVICES oVANTITY UNIT UNIT PRICE AMoVNT BTEM NO.
Section B - Supplies or Services and_ Prices / Costs _ , B.1 Provide graphic / photographic services in accordance with the Description / Specifications / Work Statement set forth in Section C for a two-year period as follows: ESTIMATED -
]UARTITIES
- 1. Complex Orawings: (Drawings:
120 EA $ 75.00 $9,000.00
- a. One color 60 EA $ 75.00 $4,500.00
- b. Two-Three colors
- c. Four-Six colors 10 EA $75.00 $ 750.00
- 2. Standard Drawings:
- a. One color 400 EA $ 40.00 $ 16,000.00
- b. Two-Three colors 80 EA $ 40.00 $ 3,200.00
- c. Four-Six colors 40 EA $40.00 $ 1.600.00
- 3. Simple Drawings and Corrections:
- a. One color 600 EA $ 25.00 $ 15,000.00
- b. Two-Three colors 80 EA $ 25.00 $ 2,000.00
- c. Four-Six colors 40 EA $ 25.00 $ 1,000.00 Minor t.ettering Changes to Existing 1000 EA $ 5.00 $ 5,000.00 4.
Orawings Such as Title or Page Number Change O
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.. ,. _ _; suo. -- . - - . wun == w CONTINUATKW SHEET RS-0!E-86-171 3 40 ..aes MAME OF CFFE ROR 04 CONT R ACTOR ITEM No- SUPPLIES /SE RvlCEs OUANTITY UNIT UNIT PRICE AMOUNT
- 5. Photo Prints of Drawings:
- a. 8 1/2 x 11" 5000 EA $ 1.50 $ 7,500.00
- b. 11 x 17" 100 EA $ 7.50 $ 750.00
- c. 16 x 20" 10 EA $ 7.50 $ 75.00
- d. 24 x 30" 100 EA $ 15.00 $ 1,500.00
- 6. Viewgraphs: ,
- a. High Contrast (black image on 3600 EA $ 7.50 $2 7,0 00. 00 clear background)
- b. High Contrast (clear image on blackbackground) 100 EA $ 7.50 $ 750.00
- c. TwoColor(sandwich) 100 EA $ 12.00 $ 1,200.00
- d. Full Color Positive of 50 EA $ 31. 2 5 $ 1,562.50 Multi-Color Originals
- 7. 35m Slides:
- a. High Contrast Negative of Drawings 200 EA $ 1.00 $ 200.00
- b. Color Slides from Multi-Color 600 Originals EA $ 1.50
- $ 900.00
- c. Additional Copies of b. 400 500.00 EA $ 1.25 $
- d. Color Slide Copies 500 EA $ 1.25 $ 625.00
- Non-standard sizes required for student training manuals
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CONTINUATION SHEET RS-01E-86-171 4 40 , , , , , NAME QF QFFERQR OR CONTR ACTOR ITEM NO. SUPPLIES /SERylCES QLANTITY UNIT UNIT price AMOUNT
- 8. Photographic Developing Printing Services:
- a. Develop and mount roll of 36 slide 50 EA $ 5.00 $ 250.00 Ektachrome (or other E-6 films)
- b. Develop & Print (35 m color film) 20 EA $ 7.50 $ 150.00 (24 exposures)
- c. Additional color prints from negatives:
- 1. 5 x 7" 20 EA $1.50 $ 30.00
- 2. 8 x 10" 60 EA $4.00 $ 240.00 3.11 x 14" 40 EA $ 10. 00 $ 400.00 4.16 x 20" 30 EA $ 25.00 $ 750.00
- d. Print 35m slides:
- 1. 5 x 7" 20 EA $1.50 $ 30.00
- 2. 8 x 10" 60 EA $ 4.00 $ 240.00 3.11 x 14" 60 EA $ 10. 0 0 $ 600.00 4.16 x 20" 30 EA $25.00 $ 750.00
- 9. Mounting Services:
- a. Foam board mount large photos / posters:
- 1. 11 x 14" 60 EA $ 3.00 $ 180.00
- 2. 16 x 20" 40 EA $4.00 $ 160.00
- 3. 24 x 30" 200 EA $5.00 $1,000.00
- b. Vinyl (Plastic) Protective Coating 300 EA $ 2.00 $ 600.00 for a .
TOTAL $105,992.50 J mass 7se p t.ts3-cos, 34-109 STANDARO PORM as gagv,1o44
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RS-0IE-86-171 Page 5 i B.2 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below. Name: Robert Moles & Associates Address: 6925 Shallowford Road Suite 210 Chattanoooa, Tennessee 37421 Telephone i 615-855-0941 , Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1. Background The U.S. Nuclear Regulatory Comission's (NRC) Office of Inspection and Enforcement operates a Technical Training Center (TTC) which provides training for NRC inspectors and reactor technology training for NRC personnel. The TTC is located in the Osborne Office Center, Suite 200, Chattanooga, Tennessee. C.I.2. Contract Objectives The objective of this contract is to provide the TTC with the following graphic / photographic services:
- a. Artwork of one-line technical / engineering diagrams. The term
" artwork" refers to the drawings identified in Section B, Item 1 through 4.
- b. Photographic masters of art work suitable for printing reproduction for inclusion in student handout materials.
- c. Overhead transparencies (vugraphs), either full color, multicolor or black on white (as specified) of art work.
- d. 35mm slides of art work, either color or high contrast black and white (as specified by NRC).
- e. Foam board mounting and other photographic services.
C.I.3. Scope of Work The contractor shall provide graphic / photographic support services in accordance with the following specifications and procedures:
- a. It is estimated that 415 original technical drawings of varying -
complexities will be required by TTC each year. Additionally, i e
RS-0!E-86-171 Page 6 it is estimated that 800 drawings per year will require
; changes / corrections to various degrees. Unless otherwise i specified in the work order, all drawings / corrections shall be photographed for production of a copy / reproduction master and for production of vugraphs, 35mm slides or prints as specified on the graphics work order form. Line thickness and type size / spacing must be appropriate to produce a sharp clearly legible 86" x 11" photomaster and similarily sharp vugraphs when projected to a 6' x 6' image and viewed from a distance of 30 feet.
- b. The contractor shall provide detailed one-line diagrams from hand drawn sketches provided by the Project Officer.
Although most diagrams will be drawn using black ink on white background, some multi-colored diagrams will be required (see Section B - Supplies or Services and Prices / Costs, Subsection B.1, Items 1, 2 and 3).
- c. The contractor shall make corrections to existing art work provided by the Project Officer by matching drawing techniques and type styles as closely as possible.
- d. The contractor shall pick up and deliver art work at the TTC during the periods between 8:00 - 11:30 AM and 12:30-3:00 PM on normal business days (excluding Federal Government Holidays) unless special arrangements are made with the Project Office.
- e. All art work and/or changes to art work shall be submitted for review and approval by the Project Officer prior to photographic reproduction. Review of art work will be conducted at the Technical Training Center during normal working hours unless special arrangements have been made with the Project Officer.
NOTE: Complexity and/or time restraints may necessitate a 24-48 hour time period for the review and approval of submitted artwork. All reasonable effort will be made to have approved art work ready .for contractor pickup within a 48 hour period. The contractor shall not photograph any piece of art work without approval by the Project Officer.
- f. All art work shall be returned to the Technical Training Center
, protected by a cover of white tracing paper,
- g. Photography of finished drawings shall be the responsibility of the contractor. Unless otherwise specified on individual i
graphics work order forms, all art work shall be reproduced onto 8)" x 11" photo paper, color or black and white. Type styles, sizes and colors of photographic copies of art work will be specified on individual graphics work order forms,
- h. All art work / photo prints shall be the property of the Technical Training Center and will be controlled / stored by the
, Technical Training Cester.
e
',, RS-01E-86-171 Page 7
- i. Finished overhead transparencies (vugraphs) shall be mounted using self adhesive, folded cardboard frames (Avcom #825 or equivalent). Transparencies will be positive or negative, color or black and white as specified on the graphics work order form.
- j. 35mm slides of art work shall be available in color or high contrast black and white (positive or negative) as specified on the graphics work order form.
- k. All photo prints shall be of a quality that will retain a suitable camera-ready image for a minimum of three years without fading or yellowing and shall be suitable to be photocopies for use in course manuals.
C.I.4. Work Order Procedure
- a. The contractor shall be notified by the Project Officer (or his designated representative) by telephone that a graphics / photo work order is ready for pickup.
' b. Upon arrival the contractor (or contractor's representative) shall proceed to the ' designated graphics pickup / dropoff area
, where the job will be ready for pickup.
- c. The contractor shall review the graphics work order form which is attached to the material awaiting pickup.
- d. If all instructions on the work order form are understood, the
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contractor shall assume custody of the material.
- e. All jobs ready for pickup shall be accompanied by a graphics work order form (supplied by NRC) which will state the type of work to be accomplished and the dates that art work approval and/or finished deliverable items must be returned to the Technical Training Center. In many cases the complexity of the job to be performed will require a face-to-face meeting between the Contractor and the Project Officer. The need for such a meeting will be stated in the "special instructions" section of the graphics work order form. The contractor shall insure that all special instructions are understood prior to assuming custody of any material ready for pickup.
Section D - Packaging and Marking D.1 Packaging and Marking The Contractor shall use standard commercial packaging for all items to be delivered. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided. Additionally, the contractor shall identify the Work Order Number and date delivered on the outside of each package. t
1 RS-0!E-86-171 Page 8 Section E - Inspection and Acceptance E.1 FAR Citations 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR1984) (a) Definitions. " Services," as used in this clause, includes services perfonned, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work perfonned by the Contractor shall be maintained and made available to the Government during contract performance and for as long aftenvards as the contract requires. , (c) The Government has the right to inspect and test ali' serv' ices called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If any of the services do not conform with contract requirements, the Government may require the Contractor to perfonn the services again in confomity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. (e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with cc..t.cct requirements, the Government may (1) by contract or otherwise, perform
- the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service .or (2) terminate the ,
contract for default. (End of clause) (R 7-1902.4 1971 NOV) ' E.2 Place of Inspection and Acceptance A. Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at the destination. E.3 Inspection of Deliverables
- a. All inspections, acceptance, and rejection decisions shall be made at the TTC by the Project Officer or his authorized representative.
I
- b. Upon receipt of all deliverable items, the Project Officer or his authorized representative shall inspect each item for compliance i
with the specifications contained herein.
- c. Acceptance or rejection of finished deliverable items shall be made in writing by the Project Officer within 10 calendar days after receipt of said deliverable items from the contractor. In the event of rejection of any portion of the work, completion of corrected
- . items shall be received within 5 calendar days after receipt of i
notice of rejection. Final acceptance shall be made in writing only . sfter the work has been corrected to the extent that it conforms to ! l.
y__. -- -_ RS-01E-86-f71 l Page 9 l the specifications contained herein and has been approved by the Project Officer. The contractor shall be notified of final , l acceptance within 5 calendar days after receipt of the corrected ' items. 1 Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items i Delivery requirements shall be specified in each individual work order issued under this contract. However, as expeditious service is often i necessary, the contractor shall be prepared to deliver the items reflected under Section B - Su) plies or Services and Prices / Costs in accordance with the following sc1edule:
- a. Approximately 1% of all orders for items 2 through 9 will be required to be delivered within 24 hours.
- b. Approximately 14% of all orders for items 1 through 9 will be required to be delivered within 25 to 48 hours.
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- c. Approximately 35% of all orders for items I through 9 will be required to be delivered within 3 to 5 business days,
- d. Approximately 50% of all orders for items 1 through 9 will be required to be delivered within 6 or more business days.
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F.2 Place of Delivery i The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to: U.S. Nuclear Regulatory Commission Technical Training Center Attn: Mr. Rick Hasselberg Osborne Office Center, Suite 200 Chattanooga, TN 37411 F.3 Duration of Contract Period The period of performance for this contract shall commence on the i effective date and shall continue for a period of two (2) years thereafter. Section G - Contract Administration Data G.1 Consideration The present estimate for performing the work under this contract is * . The total amount obligated is * . The obligational ceiling specified above may be increased by the Contracting Officer from time to
. time by written notice to the contractor. When and if the amount (s) i paid and payable to the contractor hereunder equal the ceiling, the contractor shall be excused from further performance of the work (except to meet existing commitments and liabilities) unless and until the -
Contracting Officer increases the amount obligated under this contract. If and to the extent that such ceiling has been increased, any costs
RS-0!E-86-171 . Page 10 incurred by the contractor in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling.
*To be inserted at award G.2 Project Officer A. The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to a > prove or request any action which results in or could result in an ' ncrease in contract cost; or terminate, settle any claim or dis >ute arising under the contract, or issue any unilateral directive wiatever.
The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance , and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during 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 supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in torms, conditions, or amounts cited in the contract. For guidance from the Project Officer to the Contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above (4) not constitute a basis for any increase in the contract cost. B. Name and Mail Code: Rick Hasselberg Office Address: NRC Technical Training Center Osborne Office Center, Suite 200 Chattanooga, Tennessee Telephone Number: 852-8121 To be incorporated into any resultant contract e e
, . . R5-01E-86-171
, Page 11 '
G.3 Payment Due Date (a) Payments under this contract will be due 30-calendar days after the later of: (1) The date of actual receipt of a proper invoice (original and 4 copics) to: U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555 or (2) The date the supplies are accepted by the Government. (b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to' occur 30, calendar days after the date of delivery of these supplies in accordance with the terms of the contract. (c) If the supplies are rejected for failure to conform to the technical ; requirements of the contract, or for damage in transit or otherwise, 0 the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies. (d) The date of paynent by wire transfer through the Treasury Financial t Communications Systems shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less. G.4 Invoice Requirements Invoices shall be submitted in an original and 4 copies to: U.S. Nuclear Regulatory Comission 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 se. vices actually delivered or rendered. g
, r -
s
1:
, RS-0!E-86-171 -
.m Page 12 ;
l
- i. ,(4) Shipping and payment terms.
p . m . (5) Name (where practicable), title, phone number, and complete mailing
'~ _
[ address of responsible official to whom payment is to be sent. {d (6) Other substantiating documentation or information as required by the contract.- G.5 Intereif on Overdue Payments ,
, '(a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801)
, is applicable to payments under this contract and requires the
. payment of interest to contractors on overdue payments and improperly taken discounts.
(b) Determina!. tons 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. Arong other considerations OM8 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 :
yy issues concerning compliance with the terms of the contract. l
A (2) Whancver 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. [
k P s 'Section H - Spechl Contract Requirements ! H.1 Drawings, Designs,'and Specifications f
,All drawings, sketches, designs, design. data,. specifications, notebooks, {
, "i. .ter.hnical and scientific data, and all photographs, negatives, reports,
~* !
' findings ,' r3 commendations, data and memoranda of every' description '
-I
' " n' v
. relating thereto, as'well as all copies of the foregoing relating to the j work ' or any part thereto, shall 'be. subject to inspection by the !
Comission at all ^ reasonable times (for which inspection the proper ( facilities shall,be afforded the Comission by the Contractor and its subcontractors), shall be the property of the Government and may be used j s '. M by the Government for any purpose whatsoever without any claim on the i
; part of the Contractor and its subcontractors and vendors for additional
~
, compensation and sham. subject to the right of the Contractor to retain l y copy of satt material for-its own use, be delivered to the Government, '
'or'otherwise' disposed . of by the ' Contractor either ~as the Contracting !
s Officer may from time to time direct during the progress'of the work or ! vi.s -
+
- J: termination of 'this contract.n The any Contractor's event as the right Contracting Officer of retention andshall direct up use shall be subject to the security, patent, and use of information provisions, if any, of this contract.
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a , RS-0!E-86-171
,- Page 13 H.2 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an un.';ir competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this clause. See Attachment No. 2 to the contract. (c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor. agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential 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. I (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 :ny organizational conflicts of interest. es defined in 41 CFR 20-1.5402(a). (2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an 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 conflicts. The NRC mdy, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government. (e) Access to and use of information. (1) If the Contractor in the performance of this contract obtains access to information, such as NRf plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the Contractor agrees not to: (1) Use such information for any private purpose until the ' information has been released to the public; 3 h
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RS-0!E-86-171 Page 14
,N
, (ii) compete for work for the Commission based on such i information for a period of six (6) months after either
' the completion of this contract or the release of such information to the public, whichever is first; ,y (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or t (iv) release the information without prior written approval by the Contracting Officer unless such informa tion has previously been released to the public by the NRC. (2) In addition, the Contractor agrees that. to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical,' business, or financial information under this contract, the Contractor shall treat such information in accordance
, with restrictions placed on use of the information. :
(3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it 4 s' produces under this contract for private purposes provided that all requirements,of this contract have been met. (f) Subcontracts. 1 Except as provided in 41 CFR 20-1.5402(h), the Contractor sh/.ll include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and e
"Contractfng Gff!cer," shall be appropriately modified to preserve the
, ; Government's rights.
ij (g) Remedies. For breach of any of the 'above' prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest
' required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may 8
tenninate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract. ' (h) Waiver. A request for waiver under this clause shall be directed in witing through the Contracting Officer to the Executive Director for
, Operations (EDO) in accordance with the procedures
>- / 120-1.5411. outlined in
, H.3 Method of Payment (a) Payment under this contract will be made by wire transfer through 1
the Treasury Financial Communications System for each individual ' perment in excess of $25,000 and by Treasury check for each j individual payment of $25,000 or less.
.bE (b) Within seven days .after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract r,
j !, , r a ! c .
RS-01E-86-171 Page 15 payments. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4
- 1. Name and address of organization
- 2. Contact person and telephone number
- 3. Name and address of financial institution
- 4. Financial institutions's 9-digit ABA identifying number for routing transfer of funds
- 5. Telegraphic abbreviation of financial institution
- 6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System 7 Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System
- 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 promptly to avoid payments to erroneous bank accounts.
H.4 Determination of Minimum Wages and Fringe Benefits Each service employee employed in the performance of _ this contract by the contractor or any sub-contractor shall be paid the minimum monetary ; wage and shall be furnished fringe benefits in accordance with the wages ' and fringe benefits under Wage Determination Number date attached hereto as Attachment number . H.5 Estimated Requirements The quantities listed in Section B. of this solicitation are estimates of the amount of work which may be required and ordered hereunder. If such requirements fail to materialize, such failure shall not constitute grounds for equitable adjustment hereunder,
RS-0!E-86-171 Page 16 FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4). (b)(1) Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If there is such a wage determination attached 'to this contract, the contracting officer shall require that any class of service employee which is
' not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section.
(The information collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under OMB control number 1215-0150.) (ii) Such conforming procedure shall be initiated by the contractor prior to the perfornance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the 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 i furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. l (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 l reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard
, wage and salary administration practices which rank various job classifications
RS-0!E-86-171 Page 17 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 performed. (B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe . benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or dersease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (b)(2)(ii) of this section need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which contract wo'rk is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with paragraph (b)(2)(1) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees consnenced contract work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined confortnably thereto by furnishing any equivalent combinations of bona fide fringe benefits, 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. e
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RS-0!E-86-171 Pago l@
- (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standard Act of 1938. Nothing in this provision shall relieve the
, contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee. '; (2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall 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 fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 64.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after hearing as provided in 64.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are ! substantially at variance with those which prevail for services of a character ; similar in the locality, or determines, as provided in 14.11 of 29 CFR Part 4, ! that the collective bargaining agreement applicable to service employees ' employed under the predecessor contract was not entered into as a result of ' arm's-length negotiations. Where it is found in accordance with the review r procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or *
- all of the wages and/or fringe benefits contained in a predecessor contractor's ;
collective bargaining agreement are substantially at variance with those which ! pre .11 for services of a character similar in the locality, and/or that the i
- collective bargaining agreement applicable to service employees employed under i 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 l i setting,forth the applicable wage rates and fringe benefits. Such determination j shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, tne Administrative Law Judge, or the Board of i 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 i Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a ; result of a finding of substantial variance, such determination shall be , effective as of the date of the final-administrative decision. ' (e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage i and any fringe benefits required to be paid pursuant to this contract, or shall i post the wage determination attached to this contract. The poster provided by l the Department of Labor (Publication WH 1313) shall be posted in a prominent and j accessible place at the worksite. Failure to comply with this recuirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the
, Office of Management and Budget under 0MB control number 1215-0150).
. i
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i ' '. * - RS-0IE-86-171 I Page 19 (f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(f) through (iv) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0159). (i) Name and address and social security number of each employee. (ii) The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
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(v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(11) of this section shall be deemed to be such a list. ' I (vi) Any list of the predecessor contractor's employees which have been furnished to the contractor pursuant to 14.61(1)(2). , 1 (2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. l
RS-0!E-86-171 Page 20 (4) The contractor shall permit authorized representatives of the Wage and Hour e Division to conduct interviews with employees at the worksite during normal working hours, i (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback or any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (i) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of ,the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event
! of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In 1 such event, the Government may enter into other contracts or arrangements for i 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 1 the Service Contract Act of 1965 in all subcontracts subject to the Act. The term " contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government prime ' contractor." (k)(1) As used in these clauses, the term " service employee" means any person i engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29. Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term " service employee" includes all such persons regardless of' any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
- (2) -The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for informational purposes only:
The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: , 1 I v w-..-,- -
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RS-0!E-86-171 [- Page 21 t 9 Monetary Employee Class wage-fringe benefits 4 7 (1)(1) If wages to be paid or fringe benefits to be furnished any service - employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full .information as to the application and accrual of i such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such
- time, and in the case of such 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.)
L (2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of .the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions . based upon length of service with a contractor (predecessor) or successor (4.173 of Regulations, 29 CFR Part 4), the
; incumbent prime contractor shall furnish to the contracting officer a certified of the names of all service employees on the contractor's or
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- list subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of Management and Budget under OMB control number 1215-0150.) (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4. (n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither 'it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to
-section 5 of the Act.
(2)- No part of- this - contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminel . Code, 18 U.S.C. 1001.
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RS-0!E-86-171
- Page 22 (o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and
! exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impaiment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be emplo wages lower than the minimum wages otherwise required by section 2(a)yed (1) or at
- - 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or
~; cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of.the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525). 1 (2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or j handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing i' requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in
.accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the 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 Administration, U.S. ! Department of Labor. Any employee who is not registered as an apprentice in an i approved program shall be paid the wage rate and fringe benefits contained in ' the applicable wage determination for the journeyman classification of work i actually performed. The wage rates paid apprentices shall not be less than the ; I wage rate for their level of progress set forth in the registered program, ; ' expressed as the appropriate percentage of the journeyman's rate contained in
.the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than -the ratio permitted to the contractor as to his entire work force under the registered program. i t
(q) An employee engaged in an occupation in which he or she customarily and l regularly receives more than $30 a month in tips may have the arount 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 F
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RS-0!E-86-171 Page 23 Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1,1980,
- and $1.34 per hour after December 31, 1980. To utilize this proviso
(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized. (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received): (3) The employer must be able to show by records that the employee receives at ' least the applicable Sevice Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017); (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, the employees or their representatives. (FPR Temporary Regulation 76) i 9 l l
i RS-0!E-86-171 Page 24 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR 1984) This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section F 52.212-13 STOP-WORK ORDER. (APR 1984) 52.212-15 GOVERNMENT DELAY OF WORK. (APR 1984) 52.247-34 F.O.B. DESTINATION. (APR 1984) Section I 52.202-1 DEFINITI NS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.208-3 CONFLICTS. (APR 1984) 52.210-5 NEW MATERIAL. (APR 1984) 52.210-7 USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY. (APR 1984) 52.214-26 AUDIT--SEALED BIDDING. (APR 1985) 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST-OR PRICING DATA-- MODIFICATIONS--SEALED BIDDING. (APR 1985) 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING. (APR 1985) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (APR 1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS < ACT--0VERTIME COMPENSATION--GENERAL. (APR 1984) { 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT. (APR 1984) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND l
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RS-0!E-86-171 ; Page 25 ! VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.223-2 CLEAN AIR AND WATER. (APR 1984) 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984) 52.224-2 PRIVACY ACT. (APR 1984) 52.225-3 BUY AMERICAN ACT--SUPPLIES. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984)--Alternate II. (APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. (APR 1984) 52.232-1 PAYMENTS. (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (APR 1984) 52.232-11 EXTRAS. (APR 1984) 52.232-17 INTEREST. (APR 1984) 52.232-18 AVAILABILITY OF FUNDS. (APR 1984) 52.232-23 ASSIGhMENT OF CLAIMS. (APR 1984) 52.233-1 DISPUTES. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984) 52.244-1 SUBCONTRACTS UNDER FIXED-PRICE CONTPACTS. (APR 1984) 52.247-17 CHARGES. (APR 1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984) t [ 8 l i i
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RS-01E-86-171 Page 26 f PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1 NRC Organization Chart 2 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 Billing Instructions 4 Samples of Drawings 5 9 l t L
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l . . . . PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organi:ational Conflicts of Interest . Sec. ; i 20-1.5401 Scope and policy. ! 20-1.5402 Definitions. 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. 20-1.5404 Representation. - 20-1.5405 Contract clauses. 20-1.5405-1 General contract clause. 20-1.5405-2 Special contract provisions. 20-1.5406 Evaluation, findings, and contract award.. ' . 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors. 20-1.5411 Waiver. 20-1.5412 Remedies, i AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to Pub. L. 83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts '
.of interest. The NRC achieves this objective by requiring all prospective :
i contractors to submit information describing relationships, if any, with
- organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
I (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is not possible to prescribe , in advance a specific method or set of criteria which.would serve to ; identify and resolve all of the contractor conflict af interest situations ' which might arise; however, examples are provided in these regulations ' to guide application of the policy. NRC contracting and program officials : must be alert to other situations which may warrant application of this ; policy guidance. The ultimate test is: Might the contractor, if awarde: , l the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage? 4 (c) The conflict of interest rule contained in this subpart applies . to contractors and offerors only. Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acouisitior of consultine services throuch the personnel appointment crccess, NRC i i I l
- _ . . ~ . , . . m. -
7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate. 520-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be perfomed under an NRC 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" means internal assistance to a component of the NRC in the ftrmulation 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 or proprietary information. Such services t.gically include assistance in the preparation of program plans; an.d 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, firm, unincorporated association, t joint venture, co-sponsor, partnership, corporation, affiliates thereof, ! or their successors in interest, including their chief executives. l directors, key personnel (identified in the contract), proposed consultants ! or subcontractors, which is a party to a contract with the NRC. l (g) " Affiliates" means business concerns *which are affiliates of each other when either directly or indirectly one concern or individual ~ l controls or has the power to control another, or when a third party I controls or has the power to control both (41 CFR 51-1.606-1(e)). (h)' " Subcontractor" means any subcontractor of any tier which ! performs work under a contract with the NRC except subcontracts for j si.pplies and subcontracts in amounts of $10,000 or less. (i) " prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or a' filiates thereof, including its chief executive, directors, key personnel (icentified in the proposal), prooosed consultants, or subcontractors, s.o .itting a bid or proposal, solicited or unsolicited, to tne NRC to
- ain a contract.
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7590-01 1 (j) " potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise f rom award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance. I 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in-relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract? The ultinate determination by NRC as to whether organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts disclosed and the work to be perforned. 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 . NRC's decisions on regulatory activities, future procurements, and research programs. 7 (b) Situations or relationships which may give rise to organizational - conflicts of interest. (1) The offeror or contractor shall disclose ; information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances: , (i) Where the offeror or contractor provides advice and recommendatior.s to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to 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 result in an unfair competitive advantage for the offeror or contractor. 1
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7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such l as provided in 520-1.5405-2 in the following circumstances: (1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications. (ii) Where the offeror or contractor prepares plans for specific 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 in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise 1 result in an unfair competitive 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 conflict of interest situations. (1) Example. The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in tne 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 similar analyses for the reactor renufacturer. Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in 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 clients. 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 qualified company to perform the work outlined in the RFP. 4 4 e
r . 7590-01 1 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 performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor meritioned in the example. (3) Example. As a result of operating prcblems in a certain type of comercial 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 existc, a waiver of the policy may be warranted. Any such waiver shall be fully documented , and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias. (4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's perfonnance for the purpose of developing standards that are-important to the NRC program. The ABC Co. has advised NRC that it intends to sell the new system to industry once . its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component. Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such informatice has been reported to NRC. Information which is reported to NRC by contract:rs will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless i such information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the infonnation developed under the contract is proposed to be used. l
i 7590-01 . (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study. Guidance. The contracting officer would normally conclude that [ award of a contract would not place ABC Corp. in a conflicting role ; where its judgment might be biased. The work for others clause of $ 20- l 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 I and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis. 520-1.5404 Representation i (a) The following procedures are designed to assist the NRC contracting ! officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a ,' particular offeror or contractor. ! (b) Representation procedure. The following organizational l conflicts of interest representation provision shall be included in all ! solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; , (3) research; and (4) other contractual situations where special organizational l conflicts of interest provisions are noted in the solicitation and would be included in tae 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 l regard to the contract being modified, only an updating of such statement l shall be required. l l m- . . -._~e-- _ -- . . , _ . - _, - - - . - --,
. . . l } . 7590-01 l ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION 1 1 represent to the best of my knowledge and belief that: l Theawardtb" ofYcN acYor the modification of an existing contract does ( ) or does not (X) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1). (c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 3 20-1.5403(b)(1) are involved, or the contracting officer otherwise detennines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer detennines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411. (2) The refusal to provide the representation required by 520-1.5404(b) or upon request of the contracting officer the facts required l I by ~520-1.5404(c), shall result in disqualification of the offeror for I
- award. The nondisclosure or misrepresentation of any relevant interest l
may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the
- resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
l (d) The offeror may, because of actual or potential organizational I 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. If the NRC considers the proposed excluded work to be an essential or integral ; part of the required work and its exclusion would work to the detriment ^ ' of the competitive posture of the other offerors, the proposal must be rejected as unacceptable. (e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pennitted l to correct the omission. l : 5 20-1.5405 Contreet clacses s 20-1.5405 1 E:r.a al contract clause t I E
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7590-01 1 All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
- (a) Purpose. The primary (purpose of this clause is to aid in1) Is not 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 advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to i performance or participation by the contractor as defined in 41 CFR 5 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 3 forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision cf this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest. the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement. (d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a). (2) The contractor agrees that if after award it discovers organizational I conflicts of interest with respect to this contract, it shall make an inmediate and full disclosure in writing to the contracting officer. This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The :nC ray, however, terminate the contract for convenience ) if it deems such termination to be in the best interests of the government. (e) Access to and use of information. (1) If the contractor in the performance of this contract obtains access to information, such as I NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the contractor agrees not to: (i) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for tne Commission based l l l _ _ _ . . __ __ . - __ - , _. .,- _.._.__.__.._.__....m. . . , . . _ . _ . _ _
[ . 7590-01 l l 1
- on such information for a period of six (6) months after either the . l t
~ completion of this contract or the release of such information to the public, whichever is first. (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without
- prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.
, (2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged
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technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions i placed on use of the information. (3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The ter1ns " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights. '
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest I reqaired to be disclosed concerning this contract or for such erroneous ' , representations as necessarily imply bad faith, the government may I l terminate the contract for default, disqualify tne contractor from j subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract. i (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) fr accordance with the procecures outlined in520-1.5411. I20-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through the use of an appropriate special contract provision. If appropriate, the offeror may , i negotiate the tems and conditions of these clauses, including the l extent and time period of any such restriction. These provisions include j but are not limited to: i i
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1 I
7590-01 . -
, (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and ce.'tain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data tad guard against its unauthorized use.
(b) The following additional contract clause may be included as ~ section (1) in the clause set forth ini 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational
- conflict of interest.
(i) 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 work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting er management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services. (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. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply. (3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard comercial items to the government. 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation recuirements of !20-1.5404(b) anc otner relevant information. After evaluating this information against the criteria of 5 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that conflicts of interest exist, then the contracting officer shall either: (a) Disqualify the offeror from award.
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7590-01 l (b) Avcid or eliminate such conflicts by appropriate measures; or (c) Award the contract under toe waiver provision of i20-1.5411. ~ 520-1.5407 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 520-1.5405, the contractin5 officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, 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 !20-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include centract clauses in accordance with ! 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection. 5 20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of t the contracting officer, and after consultation with the Office of the i 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.
- i 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 employed by NRC to neutralize the conflict. For any such waivers, the justification and approval cocuments shall be placed in the Public Document Room. l l
Q 7590-01 520-1. 5412 Remedies s In addition to such other remedies as may be permitted by law or.' ' . contract for 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 Washincton. D.Cthis 27th day of March 1979. For the Nuclear Regulatory Commission v
.s.
b cam @ (a#
. Samuel J. Chilk "
Secretary of the Commission
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) CCuiPSCTS an0 PURCkASE ORDERS i s M
General. y here1n. The centractor shall submit vouchers or invoices as prescribed m * *
- Form. Claims shall be submitted on the payee's letterhead, invoice or en :na Government's Standard Form 1034 "Public Voucher for Furchases and Services Other Than Perscnal " a..d Standard Forn 1035 "Public Voucher for Furchases Ctr.cr Than Perscnal -- Continuation Sheet." These forns are St.eet, available Washington,frem the DC Government 2CS01. Printing Office, 710 North Capitol .
IO Number of Cocies and Mailine Address. An original and six ccpies shall be su::i;;ec to ARC offices icent:fied telcw. 3 Frecuencv. The centractor shall submit an invoice or vcucher only after NRC's final acce:tance for services rendered or products delivered in perferrance of tr.e cer. tract unless otherwise specified in the c:ntract.
; Pre:aratien and Itemizatien of the Voucher. The voucher shall be prepared in innte must erinitialed.
ty;aartter Wtncut strikeovers) and correcticns er erasures It must incluce the following: 1 ' (a) Payor's naca and address. (1) Address the origie.al veuener (with 4 ce;tes) to: U.S. Nuclear Regulatcry Cc.=issicn, ' Divisicn of Acccunting, Office of the Controller, ATTN: GGV/CCM H AccCunts Secticns, Washingt:n, DC 20555. (ii) Address 2 ccotes to: U.S. Nuclear Regulatory Cte:.ission. AUN: E. L.
- Halman, 20555.
Director, Divisicn of Contracts, 'a'ashin5 ten, DC L (iii) The cricinal ceov of the voucner sheald indicate that (21 cecies nave teen fer arcea to tne Ccr:rac:ine Office r. (b) Voucher number. (c) Ca te' of voucher.
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, (e)' Payee's name and address.
(Shcw the name of the ccntractor
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' - dhen insert the name and address of the payee.)
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(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express. (i) Instructions to consignee to notify Contracting Officer of receipt of ship =ent. (j) Final invoice marked: " FINAL IN',01CE" ~ Currency. Billings may be expressed in the currency'ncr ally used by tne c:ntractor in maintaining his accounting reccrds and pay ents will . be cade in that currency. hcwever, the U.S. dollar equivalent for all invoices paid uncer the centract may not exceed the total U.S. dollars authorized in the centract. e 1
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