ML20141D196
| ML20141D196 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1986 |
| From: | Hagan T, Holland D NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWESTERN BELL TELEPHONE |
| To: | |
| Shared Package | |
| ML20141D193 | List: |
| References | |
| CON-FIN-C-4001, CON-NRC-31-86-328 NUDOCS 8604070442 | |
| Download: ML20141D196 (15) | |
Text
.
AWARD / CONTRACT
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NRC-31-86-328 10/1/85 RFPA RG4-86-328
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FOB ORIGIN ATTN: Ms. Diane Holland
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CODE lF ACILITY CODE ADDRESS SHOWN IN
- 12. PAv MLNT WILL BL MAOL ev U.S. Nuclear Regulatory Commission SEE SECTION F ORM/ Division of Accounting and Finance," GOV /COM
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Accts.s Washington, D.C. 20555
- 13. #.UTHORITV FOTu~51NG b7HE R THAN FULL AND OPEN COMEET1
- 14. ACCOUNT SNG AND APPROPRI AT >ON DAT A B&R 94-20-23-33-0 FIN C4001 APPN No. 31X0200.946
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- 15A. ITEM NO 158. SUPPLIES /SE RVICES 15C. OU ANTIT Y 15D UNIT 15E UNIT PRICE 15F AVOUNT SEE SECTION B e604070442 860320 PDR CONTR NRC-31-86-328 PDR 15G. TOTAL AMOUNT OF CONTRACT > $ JU,4UU.UU
- 16. TABLE OF CONTENTS W lSEC. l DESCRIPTION lPAGE(S) Vi lSEC l DESCRIPTION lPAGE(Si PART I - THE SCHEDULE PART 88 - CONT R ACT CLAUSES
)(
A SOLICITATION / CONTRACT FORM 1
Xl 1 l CONT R ACT CL AUSE S l 13 y
8 SUPPLIES OR SERVICES AND PRICES / COSTS 7
PART sit - LIST OF DOCUMENTS. ExHeBITS AND OTHER ATT ACH.
C DESCRIPTION / SPECS / WORK STATEMENT Xl J l LIST OF ATTACHMENTS l 1 Ei y
O PACKAGING AND MARKING 4
PART IV - REPRESENTAT4ONS AND INST RUCTIONS y
E INSPECTION AND ACCEPTANCE 4
K R E P R E SE NT AT I ONS. C E R T I F IC AT ION S A ND y
F DELIVERIES OR PERFORMANCE 4
OTHER STATEMENT 9 OF OFFERORS
_y G
CONTR ACT ADMINISTRATION DATA 4
L INSTRS.CONDS. AND NOTICt S TO OF F t RORS y
H SPECIAL CONTRACT REOUIREMENTS 9
M EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABL E 17.
CONT RACTOR'S NEGOTIATED AGREEMENT (Contreetor as re-18.
AW ARD (Contractor da not reeusred to esgn thsa document ; Your E
o'need in sogn than document and return ropees to issuinet onHoce.p of for on Solocatation Nurs, Der _
CJ ntractor agrees to furnesn and dessver ase stems or perform all tne serveces set encludeng the additions or changes reade by you which additions ce enanges torta e r otherwege edentef eed above and on any contenuateon sneets for the are set forth en full above..s nereby accepted as tra the stems hsted above and contader; tion stated herein. Tne regnts and catesations of the partees to ines on any continuation sneets. Thes av sed consummates Ine contract wn.cn con.
c ontract snail be subrect to and governed by the fossowent documents: (a) inis tests of the foesowing documents: tal the Goveenment's nosecstation and your aw r /cIntract. (D) the salecetation, et any, and (c) sucn proviseons, represente-uf fer, and tbj tnes award / contract, ew turtner contractuas document es neces-teens. c3rtsf ecatsons. and specif acateons. as are attacned or encorporated by sary.
refinn nereen. (Attachments are lasted herein.)
19A.NA AND Tli 5GNER ype or pran#J 2CA. N AME OF CONT R AC TING OF FICE R Timoth g
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IS ugna ture 'o
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NSN 75a0-01 152 8069 26-107 STANDARD FO 26(RI. a 8 'il ygdyv[{,
[ PREve!US EOtTION UNUSABLE
ecumma ePr CONTINUAT60N SHEET NRC-31-86-328 2
15 mens
- = OF perautOR OR CONTR ACTOR ITEM NO.
SUPPLIES /SE RVICES OUANTITY UNIT UNIT PRICE AMOUNT Section B - Supplies or Services and Prices / Costs B.1 Description of Work The Contractor shall provide local telephone service for NRC's Region IV office at the following location:
U.S. Nuclear Regulatory Comission 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 The services are for the Regional Office main line, 860-8100, to the Dimension 400 PBX.
The Contractor shall provide these services in accordance with the Texas Public Utilities Comission General Exchange Tariff.
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CONTINUATION SHEET NRC-31-86-328 3
15 wu No, ITEM NO.
SUPPLIES / SERVICES OUANTITY UNIT UNIT PRICE AMOUNT The estimated cost for this service is as follows:
$2,517.00 per month x 12 months =
$30,200.00 s
TOTAL ESTIMATED AMOUNT.
$30,200.00 a 2a ExE'i'Ur% usa.a sv4Np,4pyjgnumsacv.wn e CP0 1983 0 - 381.$26 (90$0)
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Page 4 8.1 Remittance Address If item 15c. of the Standard Fonn 33 has been checked, the offeror shall enter the remittance address below.
Name:
Address:
s SectionD-Pacho,inyndMarking-Nova npp11cah1e Section E - Inspection and Acceptance - None appifcable Section F - Deliveries and Perfonnance F.1 Duration of Contract Period The period of performance for this contract shall conmence on October 1,1985 and end on September 30, 1986.
F.2 FAR Citations Section G - Contract Administration Data G.1 Technical Direction A.
Perfonnance of the work under' this contract shall be subject to the technical direction of the NRC Project Officer named in Section G. of this contract.
The term " Technical Direction" is deffned to include the following:
1.
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in detafis or otherwise serves to accomplish the contractual scope of work.
2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the wo.rk l
description.
3.
Review and where required by the con tract, approval of technical reports, drawings, specifications and technical i
information to be delivered by the Contractor to the Government under the contract.
Page 5 B.
Technical direction must be within the general scope of work stated in the contract.
The Project Officer does not have the I
authority to and may not issue any technical direction which:
1.
Constitutes an assignment of additiontl work outside the general scope of the contract.
1 2.
Constitutes a change as defined in the clause ~of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
4 Changes any of the expressed
- terms, conditions or specifications of the contract.
C.
M.I.
TYCHNICE DIRECT!CHS SHALL BE I,iS!ED 1h WHIYING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN W WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be submitted to the Contracting Officer.
The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract 1accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the. Changes Clause.
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable cost 3 under the contract.
E.
A failure of the parties to agree upon the nature of the l
instruction or direction or upon the contract action to be taken i
with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
l l
Page 6 G.2 Project Officer j
, A.
The individual (s) listed in "B" below is (are) hereby designated l
as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract.
The Project Officer is not authorired to approve or request any action which results in or could-result in an increase in contract cost; or teminate, settle any claim or
_ dispute arising under the contract, or issue any unilateral
_ directive whatever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical
- progress, including surveillance and assessment of performance, and reconenending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technfcci ingections and acetptsaces 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 i
submit reconsnendations for approval, disapproval, or suspension for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed
- terns, conditions or specifications incorpora ted into this contract; (3) not constitute a basis for an extension to the period of perfomance 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:
Connie A. Dollar Office Address:
U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Telephone Number:
Arlington, TX 76011 (817) 728-8116
Page 7 G.3 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies)to:
U.S. Nuclear Regulatory Cosnission 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, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies.
(d) The date of payment by wire transfer through the Treasury Financial Communications Systems shall be considered the date payment is made for individual payments exceeding $25,000.
The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.
G.4 Invoice Requirements Invoices shall be submitted in an original and 4 copfes to:
U.S. Nuclear Regulatory Comission Division of Accounting and Finance t
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 delfvery of property or services.
I (3) Description price and quantity of property and services actually delfvered or rendered.
i
Page 8 (4) Shipping and payment terms, (5) Name (where practicable), title, phone number, and complete
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mailing address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.5 Interest on Overdue Payments (a) The Prompt Payment Act. Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.
o (b) Determinations of interest due will be made in accordance with the provisicns of the Prompt Payment Act and Office of Management and Budget Circular A-125 Vol. 47 Federal Register 37321. Augugt 25, 1982.
Among other considerations. OM8 Circular A-125 provides that:
(1) Interest penaltfes are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included wf th 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.
G.6 CONSIDERATION The present estimate for performing the work under this cortract is $30,200.00 The total amount oblig ttd it
$30,200.00 The coligational ceiling specified above may be l
in:reased by the Contracting Officer from time to time by written notice to the contractor.
When and if the amount (s) paid and payable to the contractor hereunder equal the ceiling, the contractor shall be excused frort further p(rformance of the work (except to meet existing comitments ar.d 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 beer, incurred af ter such increase in the ceiling.
-- L.-
Page 9 Section H - Special Contract requirements H.1
_ Contractor Organizational Conflicts of Interest (OM8 Clearance Number 3150-0112)
(a)
Purpose.
The primary purpose of this clause is to aid in ensuring that the Contractor:
(1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its perfomance of this contract.
(b)
Scope.
The restrictions described herein sia11 apply to perfomance or participation by the Contractor as defined in 41 CFR
$20-1.5402(f) in the activities covered by this clause.
s (c)
Work for Others.
Notwithstanding any other provision of this contract, during the tem of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any finn or organization, the result of which may give rise to a conflict of interest with respect to the work being perfomed 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 finn or organization may involve a potential confilet of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual a rrangement.
Page 10 (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 20-2.5402(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 say, 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 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 pubife, the Contractor agrees not to:
(1) Use such information for any private purpose until the information has been released to the public; (11) compete for work for the Comission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information ;until one year after the release of such information to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protect'ed I
by the Privacy Act of 1974 (Pub.
L.93-579),
or other confidential or privileged technical, business, or financial l
l l
I
Page 11 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 i
produces under this contract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms ~ " contract," " Contractor," and
" Contracting Officer." shall be appropriately modified to preserve the Government's rights.
(g)
Remedies.
For breach of any of the above prescriptions or for s
intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad
- faith, the
~
Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other
~
remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in
$20-1.5411.
H.2 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 'or less.
(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments.
In the event that the Contractor's financial institution has access to the rederal Reserve Corr:aunications System Contractor shall complete all f tems 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 ftems except item 4.
1.
Name and address of organization 2.
Contact person and telephone number 3.
Name and address of financial institution 4.
Con tractor's Financial institutions's 9-digit ABA identifying number for routing transfer of funds
Page 12 5.
Telegraphic abbreviation of Contractor's financial institution 6.
Account number at Contractor's financial institution if it receives electronic funds transfer messages through the Federal Reserve Communications System 7.
Name and address of the correspondent financial institution if the Contractor's financial institution does not receive electronic funds transfer messages through the Federal Reserve Communications System 8.
Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds 9.
Telegraphic abbreviation of correspondent financial instftution 10.
Signature and title of person supplying this information 4
(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.
O e
m_____
Page 13 PART II - CONTRACT CLAUSES SectionI-ContractC1hses Rates. Charges and Services (a) with all appifcable tariffThe Services and facilities furnished h rates, charges, rules regulations or requirveents (f) lawfully es,tablished by an appropr, ate governm regulatory body; and (ff) applicable to service and facilities f
subscribers; or at rates, terms and conditions furnished or offered by the Contractor to the general pubite or h subscriber; or at rates, terms and conditions of service as may agreed upon subject, when appropriate, to jurisdiction of an appropriate governmental regulatory body. For any services whIch a under the most favorable terms and condition facilities offered to any other customer.
(b) The Government may discontinue the use of any service or facili furnished hereunder at any time.
Upon discontinuance, the Government shall pay to the Contractor all charges for servfces and facfif tfes adjusted to the effective date of discontinuance.
(c) the services hereunder but does not cance" or t amounts paid or payable to the Contractor for providing the ser, vices the deferred or modified shall be equitably adjusted in accordance wf applicable tarfffs (fled by the Contractor with deferral or change if no tariffs filed by the Contractor with the regulatory countssion and in effect at the time of the deferral or change or, if no tarfffs are in effect, by written agreement between the Government and the Contractor.
Failure to agree on a'ny adjustment shall be a dispute concerning a question of fact within the meaning of the " Disputes" clause.
(d) When the use of service or facfif tfes furnished by the Contractor is j
interrupted due to any cause other than the negifgence or willful act of the Government, an adjustment of the monthly charges involved shall be made for the service and facilities rendered inoperative by reason of the interruption.
The adjustment to the monthly charge shall be in i
accordance with the applicable tariff.
Tartffed Charges (APR 1984)
The Contractor may pass through to the Government an increase in tarf ff prices for those elements of tarf ffed service provided by a regulated carrier, if the charge has been separately identified in the price schedules.
i If payment is required for any tarf ffed charge which was not separately identified in the price schedules, the Government shall deduct such amount from payments to the Contractor.
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Page 14
- 1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CNES 52.252-2 CLAUSES INCORPORA[ED BY REFERENCE.
(APR1984)
This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full te~xt.
Upon request, the Contracting Offfrer will make their full text avallable.
Tectfon E Sect 1on F 52.212-13 STOP-WORK ORDER.
(APR 1984)
Section !
52.232-6 PAYMENTS UNDER COMMUNICATION SERVICE CONTRACTS WITH 52.202-1 DEFINITIONS.
(APR1984)
~
52.203-1 0FFICIALS NOT TO BENEFIT.(APR1984) 52.203-3 GRATUITIES. (APR1984) 52.203-5 COVENANT AGAlhST CONTINGENT FEES, (APR1984) 52.208-3 CONFLICTS.
(APR1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.
UTILIZATION OF SMALL BUSINESS CONCERNS AN 52.219-8 DISADVANTAGED SUSINESS CONCERNS.
(JUN1985) 52.220-3 UTILIZATION 0F LA80R SURPLUS AREA CONCERNS.
(APR1984) 52.222-26 EQUAL OPPORTUNITY.
(APR1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND V VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (
52.229-4 FED!RAL STATE. AND LOCAL TAXES (NONCOMPETITIV (APR1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS O RICO. (APR 1984) 52.232-11 EXTRAS.
(APR1984) 52.232-17 INTEREST.
(APR1984) 7 52.232-23 ASSIGNMENT OF CLAIMS.(APR1984)
)
52.233-1 DISPUTES. (APR 1984)--Alternate I.(APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984) t 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR198 s
52.244-5 COMPETITION IN SU8 CONTRACTING. '(APR1984) t 52.249-4 TERMINATION FOR CONVENIENCE Of THE GOVERNfiENT (SERVICES) (SHORT FORM).(APR1984) 52.249-8 DEFAULT (TIXED-Pf:Irr StlPPt Y At.'D SERVICE).
(APR 1984) e
Page 15 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACMENTS Section J - List of Attachments I
Attachsent Number Tft1e i
1 NRC Organization Chart 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 Billing Instructions s
e 8
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I i
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