ML20148D702
| ML20148D702 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1980 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM), SOUTHERN SYSTEMS, INC. |
| To: | |
| Shared Package | |
| ML20148D696 | List: |
| References | |
| CON-NRC-10-80-689 NUDOCS 8010090223 | |
| Download: ML20148D702 (69) | |
Text
'
STANDARD FORM h, JULY 1966 Or FAGE I crNeRa $4Rvice$ cD=Ni$ nation f fD. PR,)C.120. (J ICFR) 1-16.101 AWARD / CONTRACT 2 I
1, C4't4 TRACT D N lost. 4dact.) NO. . 2. EFFECTIVt DAff . 3. REOUCITION/PURCNo$t REQUE5f/P00 JECT NO. 4. CFRilfliD FOR HoTIONAL DEFIN$$ UNDEQ SD$A NRC-10-80-689 9EP 2 41980 ADM-80-689 EAiiNo 3 15sVCD BY . -' CODE 6. ADMH$ttRED BY CODE l 7. DEuYtRY ~ li (if other than b/wk 5) FOS Dt$11.
U.S._Nuc Y.r Regulatory Commission: E NANN I Division of Contracts OrseR (su Washington,;DC 20555 0 ></~>
- 9. DISCOUNT POR PRCEPT PAutNT
- 4. CONTRACTOP CODE [ l FACluTY (ODE l NA...e ANo Ao0REss
)
F~ 1 Southern Systems, inc'orporated NET
,'ed",': C 2847 Cypress Creek Road. l
"~d m' ad<> Fort Lauderdale, FL 33309 l
- 10. $UBMIT INYOICES (d repits nlars olhafieju j spui) fad) TO ADDRES$ $HOWN IN 81,0CX '" ,
l SEE ARTICLE VIII - B (
it $ HIP TO/ MARK FOR CODE l l 12. PAYMENT WILL BE MADE BY CODE l
'.S. Nuclear. Regulatory Commis; ion U.S. Nuclear Regulatory Commission !
?934-4940 Boiling Brook Parkway Office of the Cocoller Rot kville, MC 20852 Washington 3 DC 20555 j ADVERTI$fD, [ NEGO71 ATE
- PUR$UANT C 10 U.S.C. 2304 (al( l (
- 13. THis P CUREMENT WAS 00 4i u.$r. 252 g 3 s 14 AC(OUNilNG AND APPROPRIAftON DATA B&R Symboi. 43-20-31-4-02 Appropriation Syrr,bol: 31 X0200.400 $16,050.00 l l$, 16. 17. is. 19. 20.
'ftM NO $UPPLl($ / $ f RVICES QU AN fif Y UNIT UNff PRICE AMOVNT j l
{
The Government hereby accepts your offer !
dated August 6,1980, as modified by I your Best and Final Offer let'er, dated September 5,1980 and your letter, dated Septembe 9, 1980, for the equipment set forth in the schedule.
(SEE NEXT PAGE) l l
I t !
2i. TOTAL AMOUNT OF CONTRACT $ 16,Ocin_nn _
CONTRACT'ING OFFICER WILL COAtPLETE BLOCK 22 OR 26 AS APPL 2 CABLE t 26. K AWARD (Contractor << not recruited to sign this document.) Yous oRev
- 22. Q CONTRACTOR'$ NEGOf1ATED AGRitMENT (Conor utor is vertuirrl to si 't this duument aond return npies le inning office.) Comroctor agrees on Solicitorion Numbe, RS-ADM-80-689 . . lact,d.n, ,h. ;
to f ven,sh end deliver oil ice s or perform oil the services see fo'*h or other no odditions c,e changes mode by you wh46 odditions or changes are set fo'
- in full j lennfed obove and on any continuation sheets for the consideration st<.ted herein. above, is hereby occepted as to the items listed above end on ony continvotion sheels, l' The e.gble end obligo tons of the porties to this contract shall be subjed to and gov
- This oword consumanMes the contract which consists of the following documents: (el erned by the followne3 documereen (o) this ower-f ' ifroct, (b) the sohcstotion, if ony, the Government's solecitation and your oRer, and (b) this award / contract. No end (c) such provesions, representations, ces ' cations ond speu Acetions, os are
. further contractual document is necessary. -
ortoched or nacorporated by roterence ween. ( Alt.uhments are listed hereon.) _ l 21 M
' 23. NAMC OF CONTR ACTOR s, ,, .
pl O A,bg/M'(_fQ J s'fC , f i
sno, re o, ,e,s n o ho,,,ed to s gni ffj y$,gno..(oi con,,oc,,ng Omce,I
- 14. Naus AND sniv , $\oNcR (Typa or pr,.,Il 1s. cAfs $\oNtD 2s. NAMe Or CCt0RM't\No Orr\Cet (Type or print) 2s Dare $noNeD j 1
Mary Jo Mattia SEP 2 41980 i oes ,,. - r....,eer,m n. e.,sme, . e .ms, 26.i03 i 8 010090 M
. _ ,. _ , - . - - nn , , --j
NRC-10-80-689:
4 t*1 Page 2 of 2.-
Under PART III' .THE SCHEDULE, the following changes are hereby made:
- 1. Item Numbers 1.1 through 1.4 are deleted in their entirety and substituted with.the following in lieu.thereof:
n
, 'I, tem No. Quantity Unit Unit' Price ~ Amount 1.1-(P1anA) 1 ea. $14,780.00 $14,780.00 .
~1.1.1 (Maintenance) 1 mo. 185- 185 ;
- 2. Item Numbers'2.1 through 2.4'are deleted in.their entirety and substituted with the following.in. lieu thereof:
L Item'No. Quantity Unit Unit Price -Amount 2.1 (Plan A) 1 ea. $950.00 $950.00 2.1.1 (Maintenance) 1 mo. (included in
- 1.1.1)
- 3. Item Numbers 3.1 through 3.4 are deleted in their entirety and ,
substituted with the following in lieu thereof: -
Item No. Quantity Unit Unit Pr):e_ Amount 3.1 (Plan A) 1 -ea. $100.00 $100.00 3.1.1 (Maintenance) 1 mo. (includeo in 1.. l .1 ) j
- 4. Under Item No. 4, delete "90-day Parts and Labor for 3 wnth:; 9 $250.00 f
- total $750.00" in its entirety [
- 5. ARTICLE IV.- Term of Contract is deleted in i+.s entirety and substituted with the following in lieu thereof: .!
" ARTICLE IV - Period of Performance A. Period of Performance The period of performance under this contract shall commence upon execution of this contract and snall. continue for ninety (90) a days after the subsystem has met the Standcrd of Performance specified in ARTICLE V."
B. Option to Extend the feriod of Performance The period of performance may be extended for a one (1) year period '
in accordance.with ARTICLE VI, Paragraph C."
No other changes are made to THE SCHEDULE ,
._ 1 3
,6 8' P A.b' I
' 3. CULT!F'EO KH .t.Ar1C!tAL CV kNs4 UNO6ft ce'S P(11 A% orch CuS REG. I a 8 Ant 4
GOLICITATION, CFFER AND AWARD - l GF
, , , , , 3 3 i ccN i a-m, n. u.,< seen,, ~o a souciraricN ~o o care usuao swgcrcamia %ue,r ~o OA:vtarnoorm G moormn inm - RFPA Mo. ADM-80-689 e AccmSS cu sa ro m .,..,,n.n o,u. n i osueo av coce l '
- U. S. Nuclear Pegulatory: Commission Division of Contracts-Wash'ngton, DC 20,,55 >
in me,eri see o<ccine arrer one wrerer snaa 6e consue,es to asons v.c ' ano a.coor SOUCITATION
- 9. . Sea $ of f ort i n One (l } O ri gi na l cooies for furnahing the supolies or services in tne Schedule will be recee ed at the place specified in block 8.ok -
7/ hand:Jir.ed, _deljyered'to E Wigging, 7913. Eastern ave. , Silver Spring, MD until 11:00 a.a.
- If ino an a+entied soticasison, offers ~n b, ouoner, ocened at in. t i me.
- cA urtoN - f. A YE Off ERS: See part. hnd 8 of Mcstanon Instructions .rnd Canditoons, (TELEGRAPH!C RESPONSES ARE NOT j gygygg37gg) ,
All offers are subi ect to the follomng: ,
L The Solicstation InstruGlionsand Canditions, SF 33.A. SOUhI}197b *
- 3. .The Schedule inctuced herein and/or attached hereto.
4 tion which is attached or incorporated herein by reference. 4. Such other provisions, representations, certifications, a Ad specifications -
- 7. The General Provisions. SF 32, edition, which is as are attached or incorporated hierein by reference.
attached of incocooreltd htitin by relettnce. { Attachments are lostedin $Chedule.]
' fGR INFOR *.M rl0N CALL (Namo & telechone no.) t lo collect catisl> pe, q]n4g pqq4ng, 391jg.py_ggg3 SCMEDULF it SUPPU($, $(aviC { } 2 QUAN T)f y ,] , y la QNg f DelCg 13 AuCyN, io attu No 1
SEE PART !!! 0F THIS SOLICITATION PACKAGE e
f
$ce conhnver.on of scheQve on Cage a CFFER (pages 2 and 3 must anso ce tuity camounted oy ottator) in compliance Wiln tne ADove. tne undertegned agrees. el this of f er is acceoted within calencar days J/endJr dJys unsefJ J ds//etent ;#rrod J
- enjerted by (ne o//erorf from the date for rFctipt wi w!I. . . ....h ww., .. . 2 ;*/ ~ W et unnn wW pr. cts are of f ered at the ortCe let oD3ollte eacle item. delivered at the depquied DQintit), w[ thin the time Soecifiednn the schedule, k Ci,CouNI FCA FHoMP t # A'MLNI #see ca! 9 # # Al s
o 10 CAL ENCA A CAYS. % ;0 C ALENC A A 0475. % 30 CALEND AR Cav$. % CALENCA A C 475 4
' AC'i.'f' Coog l is Naut ANo firtt os nascN Aurscaitto ro SiaN onga
- 17. CFF Ef.OR - C00f ( ~ l
- f tpe 99 9tenti N-< ANo
.>outhem Systems, Inc. ,
Donald R Dooley fel'l'i 23L11 Cypress Creek Road Vice President - Sags .
ZIdl;'e, Fort Lauderdale, FL 33309 '
,e sio~A rm [ f w ma oArt l
al A como~oltt 8-o~< No e 305/979-100 *See selow ;, ,
O :..e , 1 0 .i e e ua,e ,, ,, . .e.en. . , u... . e.i.e, , an ua,eu .,i sc.ea, e / ,d)[' Ay 8/6/80 l AWARO I To ce com:tered DV Governrrfeisf / 'l
Go af E3 i 24 SuSMir NvoiCt$ f a cop.es we.eu otae ..se scee.t.ees 05 l 10 u S c 2Masai t .
f o ACCat $$ 1MCwN 'N BLOCit I X l 4e u 5 C 252i. = 1 1 V - l 2? 84VMENr MLL $$ MAot 91 i
- 6 A0wNi5f tAto SV CoCf l CoCl l e,o orneo t on e
- e.e n _
- 0 A^AAoCATE 1
- s NAMt os CcNrmact:No CnictA c ryo. o, ,,. net 29. UNITED STATES OF AMERICA !
l BY j (Sognature of contracting 0 hcers s.a<a at to rene en on.s oc<m or on stancora room a w se arrer one.a* -omen eauce 33" '
- PRINCIPAL PLACE OF:PER'FORMANCE:
Fort Iauderdale. FL _ e.c,$'ef7/c'Si"8/Mi p, c'/NE
- 'q hqe 2 s
'"'~' ~
HEPRESEN T.JIONS. CERTIFICATIONS AND ACXNOWLEDGMEN TS NEPR ES2NTATlCNS ichecx or comotete 'ait .rotocacle toaes or !ccks.)
Tac ofietor renresents as part of his of% that,
,L SMALL SUSINESS !!ee par.'l
- on S# JJJ i He J, ,s;C is not, a small business concern. If offeror is a smail business concern ano is not the manuf acturer of the,tucoises offered,
' he also represents Inat :,Il supphe: to oe furnished hereuncer C will,Z' will n'ot, ce manuf acturered or prooucea oy a small business concern' in the United States,its possessions, or Puerto Rico,
- I i
I i
- 2. MINORITY SUSINESS ENTERPRISE He C is,1 i not, a mmerity business enterprise A minority busir.ess enterprise is defined as a " business, at least 50 percent of which is owned by minority group members or,in' case of public!y ownsd businesses, at least $1 percent of the stock of which is owned byminority group mettbers/* For. tha . purpose of this definition, : minority gioup members are Negroes, Spanish speaking American persons, American4rientals, American. Indians, Ameri:an Eskimos, and American Aleuts, 1 L
- 3. REGULAR DEALER - MANUF ACTURER / Applicable only,to suuply contracts exceeding $10.000.)
He is a C regular dealer in C manufacturer of, the supplies of fered.
4 h*
4 . CCNTINGENT FEE /See par, I$ on SF JJ.A.) f the 9//eror) te soli:it or secure this contract, and (b) he.C[has, C has not, paid or agreed to pay any nme bona /ide employee working solely /0,- the o//eror/ any fes, commission, percentage, e arokerage fee conpngent upon or %"titing from the 1 ward of this contract; and agrees to furnish informatior' ' elating to (a) and (b) above, as ?ouestM by the Contracting Of f.ccr. //nrerpre-ration of (~e representation, including me term " bona lide employee.":ee Code o/ federal Regulations, Title 41, Suopart 1 I.5.) '
5, TYPE OF 3USiNESS CRGANIZATICN He operates as C en mdividual,C a partnersnip, C a nonorofit organ'tation, C e corporngn, incorporated uncer the iaws of the State at F1OrJda ,
?
L AFFILI AT:0N AND IDENTlFY1NG DA A . Apolicaole only to advertised solicitations.)
Lcn o!farne shall comolete (a) and (b) if aaplicaole, and (c: below: I
!a) de C is.)C is r ot, owned or controlled by a Da ent company. / Ore #de/16 on SF JJJJ tbi If the offeror is owned or controlled by a pa ent Company, he snall enter in the blocks below the name and main office aodress of the parent company'
- 6 vus c7 *Aa:N1CcvPANY
-NO %N or8'es accAts5 mee w enei ci 4% 45 GEN M G W N U sil88+dd
- 8/ # d W ' oM *od s d i No m4vr coWANr i # No 7, ECUAL OPPORTUNITY la) He C hasf 3 has not, particicated in a crevious contr3Ct or suocontract sucject eitr'er to 'ne Equal Cooortunity c:ause nerein or
'ne c!ause origina'Iv contained in section 301 of Executive Order No.10925. or the clause contained in Section 201 of Exeeutive Order No.
111N; :nat ne C has, 2 has not, filed all reovired comoliance reoorts; and inat reoresentano s ndicatmg suomissen of recurreo ccmoriance recorts. signed by prooosed su ontractors, will be cbtained orsor to subcontract awaros. (The acove reoresentanon need not be suomitted in connection Witn contracts or subcontracts which are exernpt from the ecual oo90*tunisy clause.)
(b) The bidder (or offeror) represent: that (1) he C has developed and has on file, C has not develooed and does,not have on file, at ocn estaolisnment affirmative action programs M c eouired by tne rules and regulationf of the Secretary of Labor (41 CF A 601 and 60 2) or (2) be 5 has'not prevously Md contracts subject to the written af firmative action programs reouirement of the rules Md regulanens of the Secretary of Laoor, f The aave teoresentation shai: be comple:ed Oy exn bidder for o//eror) whose bid /o//er) is 350.000 or mcre and who has '
50 or more emotovees.)
CER TIFiCATIONS IC1ecx or comotere att xoticx:e aoxes ni wocxs> [ ';
L SUY AMERICAN CERTIFICATE The of fe<or certifies as part of his of'er, tnat; eacn end product, exCCpt ine end products listed below, is a domestic end proouct (as defined i
% the clause entitled "Suy American Act"); and that components of unxnown origin nave oeen considered to have been mined, produceo, or manuf actured outs.de the United States.
ocweso (No sacovc:s , icouNru or cmox l
- 31 sm,a %m n Ne 2 m.
- id ~ l l
e Kit no H.UM-dV-od')
s
, race 3
- 2. CLEAN :,1R AND WATEn !Acclic21e if the bid or offer exceecs SlCO CCO or the con: acting allocer nn wrer~n-o mer orders under an ancelinore avantiti contract in anv vear ,wil neeed S1CO CCO o a facilotv to oe used has b on the sioh ocr t of < ennvarronn l uncer the C.'ean Air Act (42 U.S.C. IS57c-Bicli!))or the Fewat Water Pollo non Control Act lJJ U. :.C.1319fc)) and is listed oy E?A. l Or os not otnerwise exempt.)
The bidder or of feror certifies as follows:
(a) Any* facility to be utilized in the performance of this proposed contract C has, C has not, been listed on the Environmental Protection Agency List of Violating Facilities, (b) He will pramptly notif y the contracting of ficer, , rior to award,of the receipt of any communication from the Director, Of fice of Federal .ictivities, invironmental P*otection Agency, indicating that any fa ility which he proposes to use for the perfo*mance of the contract h ider consideration to be listed on the EPA list of Violating Fac:lities, ;
(c) He will include substantially this certification, induding this paragraph (c), in every c anexempt subcontract. '
- 3. C.'IRTIFoATION OF INDEPENDENT PPICE DETERM! NATION ISee par.18 on SF 33 4) fa) By suomission of this offer, the offeror certifies, and irj the case of a joint offer, each party the to certifies as to its own organizatistn, that in connection with this procurement:
'i1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the l
- 'urpose of restricting competition, as to any matter relating tcasuch prices with any otl tr offeror or with any compstitor; (2) Uniess otnerwise required by law, the prices Enich have been Quoted in '. nit offer have not beeninowingly disclosed by the offeror and will not knowingly be disclosed by the offeror pr[r to opening in the case of an advertised procurement'or prior to award in the case of a regotiated procureme.1t,directly or indi<ectly to any other offeror or to any competitor; and (3) No attemot has 'oeen made or will be made by the offeror to induce anv other oerson or firm to subrrdt or nc,t to submit an of fer for that pur;;o[e of restricting competition.
(b; Eacn person signing this offer certifies tnat:
- 1) He is the person in the offe or's , organization res; cnsible within that organiiation for the decision as to the prices being of fered nerein and that ne has not participated, and will not particicate,4n any act.on contrary to (a)(1) througn (a)(3), above: er (2) (i) He is not the person in the offeror's organization responsible within that organization for the deciaon as to tne prices being of fered nerein but Inat he has been authorized in w iting to act magent for tha persons resconsible for sucn dec:sion .' certifying that sucn persons have not ;:articipated and wdl not particicate, in Any action :ontrary to (a)(1) through f aH3) obove, and na C.n sqent does hereby so certify: and (ii) he has not participated, and wili oct particicate, In any action c.intrary to (a)(1) through (a)(;'. above.
- 4. CERTlPCAT1CN CF NCNSECREGATED FACIUTIES (Applicadle to (1) contracts, (2) suncon:ract:, and (3) agreemients with applicants wno are themsnes performing federally assisted construction contracts, exceecing 310.CC0 which are not exempt from the provisions of the hvalCpportunity clause.)
By the submission of this bid, the cidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his f
emcloyees any segregated facilities at any of his establisnments, and mat he does not permit his employees to perform their services at any location under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employ.
. ees any segregated f acilities at any of his establisnments, and that he will not permit his employees to perform their scrvices at any location, under nis control,wnere segregated facilities are maint3ined. The bidder, offeror, applicant, or suocontractor agrees that a breac:1 ot mis cer.
tification is a violatior) of the Dual Opsortunity c!ause in this contract. As used in this certification, the term " segregated f acilities" means any waiting rooms, wort areas, rest rooms and wash rooms, restaurant; and other eating areas, time clocks, tocker rooms and other storage or dressing areas, park ng lots, drinking fountains, recreation or entertainment areas, transcortation, and housirg f acilities provided for employaes wnich are segregated by exclicit directive or are in fact segregated on the basi,s of race, color, religion or national origin, because of haoit, local custom, or otherwise. He further agrees that (exc?ct where he has obtained identic'll certifications fic*n pre sosed subcor. tractors for soecific time periods) he will obtain identical certifications from aroocsed su' contractors prior to me award of subcontracts exceeding S10 000 whien are not exempt from tne provisions of tne Goual Cooortunity clause; that he will retain sucn cerbfications in nas files; and that he will forward the following notice to such proposed subcontractors (exceot ,vhere the proposed suoc ntracters have suomitted identical certifications for specific time pericos):
1 Notice to prospective subcontractors of requirernent for certifications of nonsegregated facilities. !
A Certification of Nonsegregatec Facilities must be submitted prior to the award of a suocontract excceding S10,000 which is net I exemot from tne provisions of tne Eoual Opportunity clause, The certification may be submitted eitner for eacn succoi. tract er for all subcontracts during a ceriod (i e., cuarterly, semiannually, or annuany), NOTE; The penalty /or making false o//ers is crescrioed in la U.S.C.9C01.
2vocmr so j ws i ~ ~ ' e:ve.r so } :m MXNOWLEDGMENT OF AMENOMENTS The erferor a:xnowieages receiot of arnend.
rnents to ta Sescascon f:r crfers and . elated occurnents nurntered and cated as folicws:
NO Ti. Otters must set fortn fuit, accurate and compiere informwcn as recurre:: by u.:s Sotocatattor lancluding strachmentst. The penatty for mahng false statements in offer:is arescribed in 18 U.S.C.1C01. . ~
- we h ,ar' MrQ F OtrM .',P8) e b f* / d
8 RFP No. ADM-CO-689 ,
Page a I PART I 1 Representations, certifi:ations, and Acknowledgments - Contirued SF-33 (Page 3)
- 5. :WCMAN-0 Wile 0 BUSINESS Concern is C is not /x7, a woman-owned business. The business is publicly owned,'a joint _,s.ock associa_t;, ion, or a business trust L/ yes L/ no. The business is / / cartified /- / not certified.
4 '
- A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is de fined.as exercising the pc'.ser co:me4e policy decisions. Operater' is defined as -
actively involved ir. the ay-to-day management. i For the purposes of this definition, businesses which are publicly owned, joint stock associaWons, and business trusts are exempted. Exemotad businesses may voluntarily represent that they are, or are not, woman-cwned if this infomation is available. *
- 6. PERC:MT OF-FOREIGN CONTENT The offerer / contractor will represent (as an estimate), immediately afte-the award of a contract, the percent of the foreign content of the item or service being procurec expressed as a cercent of the contract award price '
(accuracy within plus or minus~5 percent is acceptable).
7.
NON-0ISCRIMINAT! Oil SECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror he-eby certifies as follows: *
~/7 (a) In the performance of Federal contracts, he and his subcontracms shall not in connection with the emolayment, advancement, or discharge of emoloyees or in connection with the terms, candition:, i or privileges of their empicyment, discriminate against persons !
because of their age exceot upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, anc
/ F (b) That contractors and subcontractors, or persons acting on their
~~ !
behalf, shall not specify, in solicitations or, advertisements for emoloyees to work on Government contracts, a maximum age limit for such emoloyment unless t'ne specified maximum age limit is based on a bana fide occupational qualification, retirement olan,
, or statutory requi rement.
3.
CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used as required by specificacions referenced in the solicitation /c.ontract.
l.
____z-. _ - -
5=;
.- . . ~. . - .
(
y . .
' ~
,7 4
RFP RS-ACM-80-689 .
. ? age 5 t
t
- 9. CCNTRACTOR CRGANIZATIC.*AL CCNFLICTI 0F INTIRE57 I represent to the best of. my knowledge and belief that:
The award to Southern Systems, Inc. of a coniract or tha modification of an existina contract coes / / or coes not fr/ involve..
situations 'or relationships 'of the type. set f. orth in 41 CFR paragraph 20-1,3403(b)(1). .
If thsf represent'ation as completeo indicates that situations or relation-ships of the type set forth in 41 CFR 20-15dO3(L)(1) are involved or the Contracting Officar otheraise datermines that potential organitational conflicts -exist, . the offeror shall provide a statement in writing which r describes in a concise mannar all relevant factors bearing on his represen-tation to the-Contracting Officer. If the Contra-ting Jfficer. determines '
that organitational conf 1: cts 'xist, the fcilowing actions may br taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or -
(c) determine that it is otherwise in the best interest of the United States to seek award of the contrac under the waiser provisions of i 20-1.5411.
he refusal Ltc provid the representation required by 120-1.3dO4(b) ar upon recuest of the Contracting Of'icar the facts required by 120-1.5c04(c),
shall result in disqualification of the offeror for award. The nondisclo-3 sure ur misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such ncncisclosure or misrepresentation is discovered after award, the resulting contract may
.be terninated. The offeror may also be discualified from subsea"ent related NRC~' contracts an,d be subject to such 'other remedial actions pro-vided by law or the resulting contract.
The offeror may, because of actual or potential organitational conflicts of interest, p.opose to exclude specific kines or work from tha statements of work conta4ned in an RFP unless the RFP specifically prohibits such-exclusion. Any such proposed exclusion by an offeror will be considered i I
by the NRC 'n :he evaluation of proposals. If the NRC considers the oro- '
posed excluded work to be an essential or integral part of the required work and its exclusion would work to .the detriment o# the competitive posture .of the other of'erors, the proposal cust be rejected as unacceptacle.
The offeror's failure to execute the reoresentation recuired ! ' rein with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
Any contract resulting from a solicitation recuirement shall include
. general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationsnips which may give rise to an actual or accarent c:ailict of in:erest. No:e: .IRC Contractor Orgari:stional Conflicts of interest (al CFR Part 20) is included in Part IV as Atta hment No. 1 '
9
~
+,
3 ,
a RFP RS-ACM-80-689 Page o
- 10. MAILING ADDRESS FOR PAYMENT Offeror shall indicate below the address to which payment should be mailed, if sucP address is different from that shown for the offeror /
contractor.
Office. treet 4
City State ..Zi p Code
- 11. OPERATIONALCAPABILITYDEMONSTRNTION - ,
The Government resei ves the right to requ!re the offeror to perform an operational capability demonstration (i .e. , functional demonstration) of the proposed equipment in operation with a Data Genc ral ECLIPSE or similar mini computer. This operational capability demorstrat. ion should be de<,'gned to prcve that all propcsed items meet the requit ed capabilities and that they operate efficiently as an integral ADP system. To facilitate such a demonstration, ~:he of feror shall state below the place (including the street address) where the demonstrati^n .nay be performed.
Stre:t _ Wite-Sundstrand Tool V$nuf'acturing Co City, State and Zip 361F Newberg Road, Belevedere, IL 61008 Mr. G3rion Dirkson 815/517-5321 1
8 a
J l
l l
~
p .~ < M l
i l O- -
- u- Lna
s- DSD.T II- Um os_ m _go_(33- '
- Page 7
- SOUCITATION INSTRUCTIONS AND CONDITIONS
/. LAIE sii%, MOOiFiCATION3 CF U:n 00 W!TMORAWAt. OF
- 1. DEFINITIONS. OlOS.
As used herein .
(a) Anv bid'rece.ived at the oMce desipated in the solicitr. tion after ,
l (a) The term "solicitstion" means invit2 tion for Bids (lFB) where the exact tirne sperihec for receipt will not be considered unless it is
. the procurement is ady etned/ and Request for P-oposal (RFP) where the procurement is nenotsated. received before award is snarie and eithers (b). The term "oder" means bid where the pro.:urement is adver. (l' It was sent by registered or cert >6ed mail not later than the tised, and proposal where the procurement is negotiated.
6fth calendar day prior to the date spec,tned for the receipt of bids ,
(c) For purposes of this inhcitation and Block 2 of Standard Form - (e.g., a bid submitted in response to a scheitation requinns receipt of i L' bids by the 20th of the cnonth must have been roailed by the 15th or -
33, the term " advertised" includes Small Business Restricted Adver. earlier) ; 9r l tising and otlier types of restricted advertisin5 (2) It was sent by mail'(or telegram if authorhed) and it is j 2. PREPARATION OF OFFER $. determin-d by the Government that the late receipt was due solely to (a) 'Oderors ne cipated to examine the drawings,'specj5catuns, mishandling by the Government after receipt at the Governmet i l installation.
i Schedule, and at instructions. Failure to do so will be at oderor's (b) Any modi 6 cation or wilddrawal of a bid is subject t'o the same risk. conditions as in (a), above. A bid may aho be withdrawn in penon (5) Each oferor shall furnish the infortsation required by the by a bidder or hts authorized representative, p ovided his identity is soHeitation. The oderor shall sign the solicitation and print or type , made known and he sigm a receipt for the bid, but only if the with.
his name on the Schedule a...! each Continuation Sheet thereof oni drawai is rnade prior to the exact tirne set for receipt of bib.
which he makes an entry. Erasures or other changes must be ini .aled 4 (c) The only acceptable evidence to establish:
- by the penon signing the oder. OEers signed by an agent are w bei .(1) The date of mailing of a late bH, modincation, or withdrawal
' acompnied by evidence of his authority unless uch evidence has sent eithet by . registered or cer66ed rr. ail is the U.S. Postal 3ervice been previoualy furnished so the im.ing osce, g- .i postmark on both the envelope or wrapper and on the odginal receipt '
- (c) Unit price for each unit o6cred shall be shown and suc5t price frain the U.S. Postal Service. If neither postmpk shows a legible date, .
shallinclude packing uni-s otherwise speci5ed. A total shall be gtered the bid, rnodi6 cation, or withdrawal shall be deemed to have been h: the Amount column of the Schedule for each item odered. M case mailed late. ,(The term " postmark" means a printed, stamped, or other.
of discrepancy between a unit price and extended price, the unit price wise placed impression (exausive of a postage *neter macrune impres.
will be~ presumed to be correct, subject, however, t~ correction to the sion) that is readily identi6able without further reticin as having been j
.same cuent and in the same manner as any other adstake.
supplied arid ar1xed on the date of rnailing by empbees of the U.S.
(d) Oders for supplies at services other than those specised will nog Postal Service. Derefore, 26erors should request the postal c!crk to be considered unless authorized by the solicitation.
place a hand' cancellation bt.ll4 eye " postmark" on both de receipt (e) 03eror must stan a dennite time for delivery of supplies or and the envelope or wrapper.)
for performance of services unless otherwise specined in the r' licitation. (2) ne time of receipt at the avernment instr;1stion is the (f) Tirne, if stated as a number of days, will include SaturSys, time-date starnp of such installation on the bid wrapp r or cther f Sundays and holidays. docurnentarv evidence of receipt maintained by the insullation.
- (g) Code boxes are ior Government use only.
(d) Notwithstanding (a) and (b) nf this provision, a late modiS
! 3. EXPLANATION TO OFFEROR $. Any explanation desired by an cation of an otherwise successful bid which makes its ter=s mee oderer regardi.w the meaning oc inu rpretation of the solidtation,- favorable to the Gover .cnent will be coraidered at any time it is tv.
( ceived and may be accepted,
! drawings, spectncations, etc., raust be requested in wdting and with sudicient ti:ne allowed for a reply to reach o6er.rs before the mb- Note: The term " telegram" includa mailenrns.
sission'of their oders. O.a! explanations er instructions given before 8.IATE P'rtOpOSALS. MODIFICATICNS OF PROPOSALS, AND the award of the contract will not be binding. Any information given
- WITHDRAWALS OF PROPCSALS.
to a prospective oderer concerning a solicitation will be furnuhed to rti prespective oderors as an amendment of the solicitation, if such (2) Any proposal received at the office d.signated in the so icits.
infonna. ion is necessary to orTerors in submitting oders on the solicita. don after the exact time speci6ed for receipt will not be considered uon or tf the lack of su h informadon would be prejudicial to un. unless it is received before award is rade and t (1) It was sent by registered or certined mail no later than the l informed oderors. 1 fifth calendar day prior to the date to aspeci5ed for requ,nng receipe ofreceipt nrTers,(e.gl l 4. ACXNJWLEDGMENT OF AMENDMENTS TO MLICITATIONS. an orTer subraitted in rea:nnse solicitation o Receipt of an amendment to a solicitation by an orTeror enuse be orTers by the 20th of the t5onth must have been mailed by the 15th or ecl nowledged (a) by signing ud returni+g the amend.aent, (b) on earlier) ; '
page three of Standard Forts 33, or (c) by letter or telegnm. Such (2) It was sent by call (or telegram il authorized)' and it is achnowledgment must be received prior to the hour and data specined determined by the Government that the late receipt was due solely fog receipt of cders, to raishandling by the Gvvernment af ter receipt at the Government !
ma tallauon; or G. SUBMISSION CF OFFERS. b(3) It is the only proposal received.) Any modi 6 cation os a ; rop (a) 06ers and modi 6 cations thereof shall be enclosed in sealed fro (rn the Contracting Cmcer's request for "best and final" orTer, is sub.
I envelopes and addressed to the o5ce specided in the solicitation. The l 36eror shall show the hour and date spec 6ed in the licitation for ject to the same conditions as in (a)(1) and (a)(2) of this provision.
receipt,. the soliciution cumber, and the r.ame and address of the (c) A modi 6 cation resulting from the Contracting 05cer's r q,uest
- oHeror on the face of the envelope. for "best and 6nal" orTer received after the time and date speci!!ed in (b) Telegraphic oders will not be considered unless authorized by the request will not be con idered unless received before award and the solicitations however, orTen may be raocaned or withdrawn by the late receipt is due solely to raishandling by the Government after l' written or teiegraphic noncet, prouded such notice is reeived prior to receipt at tne Cover-ment insta!!auon.
the bur and date spect6ed for receipt. (However, see paragraphs 7 (d) The only acceptable evider:ct to establish (1) The date of mailing of a late proposal or modi 6 cation sent anci i) either by reeistered or certi6ed mail is the U S. Postal Service post-(c) Samples of items, when required. must be sdbmitted within the mars on Loth the envelope or wrapper and on the original receipt (wrn time speci5ed, snd unless uthrwise speci6ed by the lovernment, at the U.S. Postal Service. If neither postmark shows a :rgible date, the no expense to the Government. If not destroyed by testing, 3.anples proposal or modi 6 cation shall be deemed to have been mailed late.
will be returned at o6eror a requtet and expense. unless otherwise (The term " postmark" rneans a printed, starnped. or otherwise, placed specined by the solicitation. impression (exclusive of a postage raeter machine impression) t. hat is 6.' F AILURE TO SUBMIT OFFER. !! no orTer .!s, to be submitted, do - readily identinable without further action as having been supplied and not return the solicitation,unless otherwise ainxed on the date of mailing by employees of 'he U.S. Pastal Service.
card shall be sent to the issuing mng ofuce acv,specined.
wnether future solic. A letter or post.
Therefore, onerors should request the postal clerk to place a hand itations for the cype of supphes or services covered by this solicitation cancellation bull's.cye "postmart" on both the receipt and the envelope are desired. Failure af the recipient to n6er or to noti fy the issuing or wrapper.)
oilice :nat future solia, rations ate desired. may result in removal ,ot. (2) The time of receipt at the Covernment installation is the the name of such recipient from the maihng list for the type of suppi es time.date starnp of such installation on the proposal wraoper or ot' er or services covered oy tiic soucitation, documentarv evidence of receiot maintained by the installation.
STAN3 '.RO FORW 3bA (Ree. b73)
- m. *9 f
- s l%. mas ae M wnW z -
y-
c m e, P,t*D iS-A M C'] $29 c.-
,5.. [(e) Notwithstanding- (ab (b)? and ic), of this provision, a' late 35 45), the Contract Work Hours Standards Act H0 U.S C. 327-330)lI !
. trirvii5eation of an othetwise succmful pr9pesal4h'ch makes its terms - - and the Scruce Contract Act of 1963 (41 U$C, 351-H7L may be more favorable to the Government will be considered at any time it is obtained from the Department of Labor, Washington, D.C. 20210. or =
cced and may be accepud.
if) . 37oposals gav,oe witnarawn ov written or teiegraphse netsce fr:m any remnal ne ni that nencv.'Regie fue in*wmAu buuM inchide the sonettarwet numoet, tne name ano address ui'the iuuing >
, recived at any t,me prior to award. Propossis may be withdrawn in '
nency, and a der-iption of the supoN or services, s per>on by an o.%:or orl h,a athorhed representative, provided his r n,
Tidentt
, to award. -
y is mace known .ind he signs a receipt for the proposal prior ' 13. SELLErTS F/01CES. Invoice. -hall be prepared and submitted in quadruolicate (one copy shall be marked " original") unless other.
Note: The tmn "telegra:n" includes mailgrsss. . wue speci6ed. Invoices shall contain the following information: Con.
Note t The alternate fate proposals, modi 6 cations of proposals and ' tract and order number (if any), i'em numben, description of suophes
-4>
t withdrawals of proposals provision prescribed by 41 CFR l-3.302-2(b) or services, sizes, quantities, unit prices, and extended totals. Bill of shall be taed in lieu of provision 8, if specified by the contract. lading number and weight of shipreent will be shown for shipmenu
- 9. OlSCCbHTS.' " * * "" * "' ' ' "U '
day discount, (a) Notwithstanding t npt pavinentthe dhcountsfact that a blaaft odered 's provided for paym-nt within for a ten 14.(10)WALL BUS! NESS CONCERN. A small businers concern for the s
- purpose of Governtnent procurernent is a concern, including its atBli.
calendar days will not be considered in evalu. ates, which is independently owned and operated, is not dominant is
. ating lessoders thanfor twenty'(20)d, awar unless otherwise specined in the ,
solicitation the 6 eld of operation in which it is subcaitting oders on Governcaent However, offued dhcounts of ten than 20 days will be taken if pay. contracts, and can further qualify under the criteria conceming num.
ment is inade within the discount period, even though not considere'l . ber of employees. average arnual receipts, or other criteria, a.s pre.
in the evsluation of oders. scnbed by the Small Business Mministratiors. (See Code of Federal (b) h connection with any dhcount odered, thne will be compdted Regulations. Tit 4 13s Part 121, as arnended, which contains dettf.ed ;
frora date of delivery of the supplies to carrier when delivery.and industry dednitions a,d related procedures.) .
~
acceptance are at ooint of ongm, or frorn.date of delivery at desu. .
m nation or port of embarkation when delivery and acceptance are at- I I. COPTINNNT FEE. ~If the oderor, by checking the aporopriate either of those points, or from the date correct invoice or iloucher is box provided therefor, has represented that he has employed or retained
, received in the odice spacified by the Covernroent, if the $tter date L a coropany or person (other than a full-ti;ne bonside employee work. -
is later than date of delivery. Payment is deemed to be rnide for the '
ing solely for the oderor) to solicit or secure this contract, or that he purpose of, earning the discount on the date of mai!ing of the Gesern.
ment checic, hu paid or agreed to pay any fee, comrnission, percentage, or broica,ge fee to any company or person cont ngent upon or resu!tirt from t ze
,0.
. AWARD OF " CONT'RACT.. award of this contract, he shall' furnish, in duplicate, a complet,. Stand.
(a) The contract will be awaided to that rerponsible orTeror whose ard Form 119, Contractor's Statement o( Contingent or Other Fees. If oderer has previously furnished a cocapieted S6andard Form 119 to the oder conforming to the solicitation will be most advantageous to the orfice issuine this sciicitation he may acco.npany his orter with a signed '
Covernment. price and other factors consider-d. _
(b) The.Cosernment teserves the right to t-ject any or all orTers statement .(a) indicating wnen such completed form waa previously md to waive informalities and m,nor irregularities in orTers received. furnished (b) idennfying by number the previous solicit.ation or con.
,cact, if any, in connection with which such form was submitted ar d (c) The Covernment enay accept any ite:n or group of items of any (c) representing that the statement in such form is applicable to this orTer unless the orferor cualiSes his orfer by specine limitations. U'.-
oder.
LESS OTHERWISE PROVIDED IN THE SCHEDULE. OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN 16. PARENT COMPANY. A parent compsny for the pur;>xe of this THOSE 3,PECir IED : AND a r!E COVERNMENT RESERVES GE R iHT 6 0 MA A,., r AN AWARD ON ANY l a r.M FOR A ode.r is a co.m. pany which either owns or controls the activities and basic gCAN T ?Y LESS THAN THE QUANTITY OFF ERED AT THE 3"'* 2 "' of 'h ' 'f" T* *** *" ' h * # ' P " " Y * ' "^* ' h
- LNIT . .tICES OFFERED UNLESS THE OFFEROR SPECIFIES P"""**P*"* """ *" *' " " * " '
- Y I" * " E* '** "' I OTHERWISE IN HIS OFFER. uch (d) ' A written awa;d (or Acceptance of Oder) mailed (or ot'her. of *"'" the utm,g P ngres
- ' '#9"'. red ; ifin anthat ther cor cornpany.
pany ts able to Toformvcontrol wise furnished) to the successful orferor.within the tirne for acceptance deterrsine, or veto bas,ic busmers pokey decissns of the orTeror, sucn -
soecined in the ccTer shall be deemed to result in a binding contract other company is cor;sidered the parent company of the oderor. Utis 3 Jithout further action by either party, c ntr I may oe exere: sed through the use of dominant minceity voting -
rights, use of proxy vormg, contractual arrangernents, or otherwise, T*4.e following paragraphs (e) through (h) apply only to negotiated solicitations:
(e) The Co.errenent raay ccept within the time speci6ed therein. 17. EMPLOYER'S MENTIFICATION NUMBER. (Applicable only to any c5er (or i art thereof, as provided in (c) above), whether or not advertised solicitations.) The orTeror shall insert in the applicable space there an negotiations subsequent to its r-ceipt. urtless the orTer S with, on the odsr form, if he has no parent company, his own Employer's drawn by wntien notice received by the Covernment prior to award. Identincation Number (E.1. No.) (Federal Social Security Number If subsequent negotiations are conducted, they shall not constitute a used on Employer's Quarterly /ederal Tax Return. U.S. Treasury rejecuon or counter oder on the part of the Government, Department Form 941), or, if he has a parent company, the Employer's (f) The right is reserved to accept other than the lowest cder and Identi6 cation Number of his pare it company.
to reject any or all oriers.
(g) The Covernment may award a contract, based on initial offers reenved, without discu:sion of such oders. Accordirigly, each initial 18. CERTlHCATION OF INDEPENDENT PRICE DETERMINATION.
oder should be subrmcted on t..e most favorsole terms from a pnce (a) This certt6catica un the orTer form is not applictble to a foreign orTeror submitting an oder for a contract which requires perfortnance and technical vandpumt ,which the oderor can submit to the Covern. or deliverv outside the United States, its possessions. and Puerto Rico.
ment. . . .
(h) Any, Snancial data submitted with any orTer hereunder or any (b) An oder will not be considered for award where (a)(lh (a)(3),
representation ccncernine facilities or 6nancing will not form a part. or (b, of the certincauon ha.s been deleted or modi 6ed. Where (a)(2) of the certi6 cation has been c'eleted or modined, the orTer will noc be of any resulting contract: pro,vided, however, that if the resulting ecn.
tract contains a clause proviamg for price reduction for detectiv,e cost considered for award unless the oferor furnishes with the orfer a signed or priemg data, the contract pnce will be su,yect to reduction :( cost statement which sets forth L detail the circumstances of the disclosure et pnc:ng data fu aisned hereunder is incomplete, inaccurate, or not and the head of the agency, or his designet, determines that such dis.
curren t. closure was not made for the purpose oi restricting compedion.
- 11. GOVERNMENT. FURNISHED PROPERTL No material, labor, or 19. ORDER OF PRECECENCE. In the event of an inconsistency be.
facf.ities will be I rnished by the Covernment unless otherwise pro- t*"n provisions of this solicitatioa, the inconsistency shall be rersived by vided for in the solicitation. "o,ipving precedence ncitation Instrucuonsinandthe Cor.ditions; following order: (a) theProvtsions:
(c) tieneral Schedule; (b) (d)
- 12. LABOR INFORVATION. General information reearoing the re. other provisions of the cc . tract. whether incorporated by reference or quiremenu of the Walsh.Heajey Public Contracu ut (41 U.S.C. otnerwise; and (e) the spect6 cations.
e u s. co. aam " mea., omesi is t s-re s.a4 tiaoss SyAND ARD FORM 23-A Geek (Rev.1 70)
. . - e.... -- - a . . . . .n ....n. * * ~ + - * ~ ~ .
- r
_ _ _ _ ,- -,w, w- mv=
<4
- i. . i,
'RFP RS-ADN 80-689 i Page 8 !
t l
- 20. .BRAhD,NAME OR E00AL (As used .in this clause, the: term " Brand .Name" includes identification of products 'by make and model . ) . 4 (a )' If items called' for by this RFP have been identified in the Schedule by a " brand name.or equal" description, such-identification
.is intended to-be descriptive, but not restrictive, and is to indicate the quality and characteristics W products that will be satisfactory.
-Offers offering ~ "egral" . products (including products of the brand name manufacturer other than the one described:by brand name) wil'i be t.onsidered j for award if.such products are c.learly identified in the offers and are determined by the Governmedt to meet fully the salient characteristics requiremerm listed in the'RFP./
(b) Unless the offeror clearly indicates in his offer that he is offering an." equal" product, his offe shall be considered as offering a brand name product referenced in the RFF. .
(c)(1) If the offeror proposes to f rnish an " equal" product, the brand name, if any, of the product to be furnished shall be insei ted in the space provided in the RFP, or such product shall be otherwise cl arly identified in the offer. The evaluatiac of offer; and the determinat.en as to
- equality of the product offered shall be the responsibility of the Government and will be based on information furnirhed by the offeror or identified in his offer, as well as' other information reasonably
.available to the purchasing activity. CAUTION TO OFFER 0RS: The purchasing activity is not responsible for locating or securing any information which is not identified in the offer and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the offeror must furnish as a part of his offer all descriptive material (such as cuts, illustrations, drawiras, or other information) necessary for ,
the purchasing activity to (i) determine whether the product off~ red meets
- the salient characteristics requirements of the RFP and (ii) establish exactly what the offeror proposes to furnish and what the Government would i be binding itself to purchese by making an award. The information furnished may include specific references to informatisn previously furnished or to information otherwise available to the purchasing activity.
(2) If the offeror proposes to modify'a product so as to make it conform to the recuirements of the RFP , he shall (i) include in his offer a clear description of such proposed modifications and (ii) clearly mark any descriptive
. material to show the prope ed modifications.
(
y ,
4 9 4 L RFP RS-ADM-80-639 s Page o 1
- 21. . COST OF PROPCSAL PREPARATION This solicitation does not commit the Government to pay any costs incurred for the preparation of proposals or for necessary studies or designs for the preparation thereof; nor to procure or contract for the articles or services shown under Part III herein. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement.
- 22. AWARD NOTIFICATION All offerors will be notified o( their selection or. non-selection,as soon as possible. .
made until a contract has been.}sdarded. Attention Formal notir is directed to cation of non-selec parag aph IC(d) of the Terms and Conditions (Part II) of the RFP which provides that a written award mailed or otherwise furnished to the successful offerors results in a binding contract. Any award hereur. der, or a preliminary notice ' hereof, will be mailed or otherwise furnished to the offeror the day the award is' dated. Therefore, in computing the time available for performance, the offeror should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a proposal offering delivery based on date of receiot by the contractor of the contract or notice of award (rather than contrhct date) will be evaluated by adding the maximum number of days normally required for delivery of the award through the ordinary mails, If, as so computed, the delivery date offered is letar than the delivery date reouired in the RFP, the offer will be considered nonresponsible and rejected.
- 23. LISTING 0F EMPLOYMENT CPENINGS (1 -12 .1102 -2 )J N/A Bidders and offerors should note that this solicitation includes a provision requiring the listing of employment openings with the local office of the federal-state employment service system where a contract award is for
$2,500.00 or more.
2t. TIPE OF CONTRACT ,
It is centemolated that a fixed-pric? type contract will ce awarded. The
_ contract will include all applicable terms and condit- ns as prescribed by the Federal Procurement Regulations. S'.andard F. :. 32, General Provisions (2/15/78 edition) and FPR Changes and NRC Additions to Standard Form 32 (6/75 edition) are attached and will form part of any resultant contract.
- 25. SMALLSUSINESSSIZE[TANDARDS The Contracting Officer has determined that the material described herein is classified under th? Standard Classification Manual as number ?? and a concern whose employment standard for tld last four (4) quar .+ ; did not exceed 1,000 empicyees is considered as a small business concern.
i l
RFP RS-A0Lan spo age M 26 ACCEPTANCE PERIOD _
3ecause of tne time required by the 3cvernment to evalua te proposals adequatt.iy, of ferors are requf sted to specify a proposal acceptance period of not less than ninety (90) days.
l 27, p,ISPOSITION OF PROPOSALS After award of contract, one (1) copy of each unsuccessful proposal will be retained by NRC, Division of Contracts, for a period of six (6) months and,unless otherwise notified by the offeror upon submission of proposal, all other copies will be destroyed.
- 28. CONDUCT OF NEGOTIATIONS 4
To facilitate the negetiation process, if necessary, the offeror is requested to list the names and telephone number (s) of person (s) authori:ed to conduct negotiati ns: :
. s J. Joseph Horn, Jr. 305/979-1000 name telephone Donald R Dooley 305/979-1000 name - - telephone
- 29. RFP ICENTIFICATION Mailing envelopes should be marked with the RFP number. Also, include the RFP number in your cover letter and on each page of your proposal .
The proposal must be signed by an individual empowered to bind the organization contractually.
- 30. WARRANTY SERVICES The offeror is requested to indicate below the name of company who will render the maintenance servic.es:
Name: Digital Ser" ice Inc. C Original equipment manufacturer Location: 410A Foura Street < A Distributor Artnacolis, MD 21403 Check ( / ) one 31 EVALUATION AND AWARD FACTOR _S A. Evaluation and Award Factors Award will be made to that offeror whose proposal, conforming to this soliditation, offers the system listed in Part III at the lowest overall system life cost to the NRC. Cost to the Government includes not only the costs (equipment and support) over the systems life, but also predictable Government expenses for ADPE installation and operation. Offers which do not include fixed system life prices i cannot be evaluated for the total requirement and may be rejected as nonresponsive. Proposals which offer products that differ from the brand name products referenced in Part III herein shall be ccasidered fnr award where the Contracting Officer determines in accordance with tne terms of the notice in Part II, paragraph 20 that the offered products meet fully the salient characteristic requirements listed in the solicitation. Offers will not be rejected because of minor differences in design, construction, or features which do not affect the suitability of the products for their intended use. Offeror's ability to maintain the system will be evalua*.=d ba ud oonn his ,at- : " rm nc = in 'ain'aininn cimil " or l i '< a n,erm.m.wersee m s w_._. _ . si w c- - - . .
. . . ~ -- . . - -
"g
'RFP RS-ADM-80-689 l: Page 11 systems. Contractor responsibility will 'be evaluated in accordance with the criteria l set forth in Subpart 1.1-12 of the Feoeral Procurement' Regulations.
B. .' General Description of Evaluation Process-Part'11: - Contract . Schedule,. specifies the items which the offeror.
~
should propose and the procurement plans which 'will be considered.
Offers must. include fixed prices for all items .being procured including option items, to be considered responsive. However, 'if an offeror does not offer all .of the' procurement pikns indicated in the schedule such unavailability will not render 'him nonresponsive. -The evaluation
~
, process will include'a leaqe-vs. purchase analysis for each o,ffer submitted.
Such an analysis shall be erformed to determine which procurempnt plan c -shall provide the Governme,n(t with the lo' west overall cost (price and other factors considered), over the total systems life. NRC shall consider the residuali value of the ADPE ard/or the total system to the I federal Government as a factor in the ' ease vs. purchase analysis for-
' any plan wherdn title to the equipment would be vested in the Government at any point during the contract period; i .e., purchase, lease with purchase option, or lease to ownership plan. Residual value is intended to reflect the worth of a Government-owned system at the' end of its projected system life. Residual value = Purcnase Price (which includes operatino software-if separately priced) X 5". X Present Value Discount Factor for the last month of systems life.
NRC shall also consider the present valu'e of money to be used <
in the acquisition of equipment. The present value computation is applicable to all expenses over the system's life. (Note: See Attachment No, 4 entitled Systems Life Evaluation Costing for ADPE)
,\
o ..
For evaluation purposes, the NRC will exercise the option to purchase af ter eight (
. months of 1. easing. Should the offeror submit a lease with purchase '
option plan which does'not permit the exercise of the option at this time, the NRC will,. eva]uate that plan on the basis of an exercise '
of its purchase option at the earliest permissable time.
C. List of Previous or Current Contracts Offerors shall list three (3) prev ous or current contracts for the same or i
similar ' products:
l
+- * '
A
RFP RS-A0!i-80-689 Psge 12-1 l
l l
l l
- 1. Contract No. DEAC05-791R13229 U S Department of Energy ~
[Ilame and Address of Governeant Agency /Ccmmercial Entity)
Oak Ridge, Tennessee Mr. Fred Lindly 615/576-1132 -
(Point of Contact and Telepho p Number) .
- 2. Contrac t No. 17-08-0001-18606 s
U S Geological Survey (Name and Address of G;vernment Agency / Commercial Ent,i ty)
Golden, Colorado -
- Eric Doobb 903/214 R071 (Point of Contact and Telepnone ;liamber)
- 3. Contract No. 21-412-61'02-0-3380 -
Jet Propulsion Tabor?ories (Name and Address of Governmer.t Agency / Commercial Entity)
Pasader.a, California John Chester 213/3'54-2084 (Point of Conta : and Telepnone Number)
D. FIXE 0 PRICE OP~ IONS (FPR l-4.1106-4)
! 1. This solicitation is being conducta; on t,1e basis that the known requirements E
exceed the basic contract period (and/or quantity) to be awarded but due to the unavailability of funds, the option (s) cannot be exercised at the time of av'ed of the hasic contract (although there is a reasonable certainty ~that funds wii be avai'iabl e thereaf t e ?o permit exercise of the options); realistic j l competition for the option periods (and/or qt antity) is impracticable once the initf 31 contract is awarded and it is in the best interest of the Govern- l ment to evaluate options in order to eliminate the possibilit/ of a " buy i..".
Therefore, to safeguard the integrity of the Government's evaluation and be-cause the Government is required to procure ADPE and related items on thc l basis of ful filling system sp'ecifications at the lowest overall cost, subse-
--b 6 7
. i T . ..
,_F '
-.. i L '
RFP RS-ADM-80-689 Paga 13 1 1
1 quent (or additional);as ~well ail initial requirements must be satisfied
~
on a #4xed price basis. Since the systars or items to be procured under this l solicitation have uan' expected life of' 60 months -(hereafter. referred tof as' "systemsilife," or " items life," as appropriate), and since lowes Jsystems (items) life costs.are synonymous with lowest overall costs, *
the contract resulting from- this solicitation mutt .contain options for .
renewals for subsequent fiscal years throughout the' projected systems
-(items) life'at fixed prices, and, if applicable,' at fixed prices for
.all stated optional quantities of supplies or services-not included in the . initial requirement. Despite the. foregoing,' offerors are' reminded ,
that although the evaluation which will lead to contract award will ~ be based on systems (items) life costs, the exercise of the option (s) is dependent not only on'the cintinued existence of the requirement and the availability of funds, but also on an affirmative determination that such exarcise .is in tde best interest of the-Government. Options included _in. offers submitted in response to this ' solicitation.will be .
evaluated as follows:
(1) To be considered responsive to this solicitation, vendors must offer fixed prices for the initial contract period for the initial systems or items being procured. Fixed prices, or prices which can be finitely determined, must be quoted for each sepa rate. option renewal period and .
must remain in effect' throughout that period. Where op-tional quantities are offered, prices must be _ fixed or-finitely determinable.
(2) Offers will be evaluated for purposes of award by adding the total price of all optional periods and, if applicable, al.1 stated optional quantities to the total price for the initial contract period, covering the ' initial systems or items. These prices will be adjusted by the appropriate '
-discount factors.
- 2. Evaluation of options will not obligate the Government to exercise the options. Offers which do not include fixed or determinable systems (items) life-prices cannot be evaluated for the total requirement and will be rejected. Offers which meet the mandatory i equir.ements will be evaluated on the vasis of lowest overall cost to the Government, including all stated options. The above not-withstanding, award will be made subject to availability of funds.
J E. SEPARATE CHARGES Separate charges, in any form, are not solicited. Offers containing any charges for discontinuance, terminatic., or failure to exercise any option are not solicited and will be rejected. .
.. .~
4 str. ae. ce coc. ui~o c:vr o. ,,c g c, stANoao eceu u, suty ivoo
'* '* CCNTINUATICN SHEET fto Y.L7El'I.i c7TE.'iY.'fe" RFP RS-ADM-80-689 la 24 )
= cecui.e.ce w.iuce.
ITDA NO.. SUPPtit $/5' AvlC15 CUANilTY UNIT UNIT PalCE AuCUNT
~h PA'T R III - THE SCHEDULE LARIICLE'I - SUP2 LIES / SERVICES AND-PRICES.
- A. . The contractor shall furnish and install on existing Government owned Data General ECLIPSE Model S/230 located at the address specified'in'Secticn H, Subsection H.4, a Data General 4244 (or equal) 300 LPM 1 Line Printer Subsystem consisting of the , ,
components as further described .in Section F hereto. . - .
6 NOTE: Offerors vould provide prices for i
the folie w11 procurement plans: Systems ' i fe =60monchk Plan A - Purchase Plan 8 - Straight lease (including Residual Va' us = Purchasle price X maintenance) 5% X Present Value D iscount Plan C - Lease with option to Fac tor fdr last month of systems purchase (include percentage I i fe .
of rental credits applying to purchase).
Plan 0 . Lease to Ownership ,
- 1. Cata General 4:44 line printer" or EQUAL Proposing On:
Name of Manufacturer Dataproducts
, Srand Ciuraband No. 2290
,' l.1 Plan A 1 $ 14,950 Si4,950 1.1.1 Maintenance 1 mo. $ 185 3 2,.220 1.2 Plan B. I mo. S No vid S .;
1.3 Plan C 1 mo. 5 No bid 5 1.3.1 Rental Credits: No bid 1,4 Plan 0 1 mo. $ S 4
MOTE: Use space below and/or attach page if more space required for pricing.
Shipping Costs /Frepaid 220 220
~
- See Data ' General Standard' Price' i.ist Dated 1 ,
ebruary 15, 1980 j 30*l04
- U. A CovrRNM Efff F#fMTOG OFFICE : 1975 O . '44 941
- - =um 3 --~_ .5 ,- .~-- mgg g_ --_- _ __ 3
- , . . - . .- , , ----,,,-.-n -, .
- . . . ._. . - - -.. - - - . .. .- ~
,u *
$f4Nouo >ceu n. n;ty i,66 .
su. e ce :oc. ui~o c;.Jr o. : . 3, . , o,
' )
CCNI!NL'AI!CN SHEET EE17:[Efi#d7$$Nel RFP RS a0M-50 689 p* 24 -q W CP Critece ce (7Nia.acfoe
~
if(M No. $UPPLl!$/$!RYlC15 CUANTITY UNif UNif PAICE w CUNT
- 2. 'I Data General data channel line printer contro114r wita;prograimable interval timer or EQUAL' Proposinn On:
Name of Manufacturer Datanreducts l
, i Brand Data Channel No. DMA I
+
2.1 Plan A /
1 _. ea $ 1,450 $ 1.,450 2.1.1 Maintenane2 , 1 mo $ No Bid $ <
2.2 Plar. 8 / l' mo $ No Bid $
2.3 Plan C 2.3.1 Rental C. adits: '/ 1 mo $ No did 5 2.4 Plan 0 1 mo $ No Bid 5 i
- 3. Data General Thirty (30) foot cable
- or EQUAL Procosina On: .
Name of .'lanufacturer Southern Systems. Tnc.
Brand cable No.
r 3.1 Plan A 1 ea ,$ 100 $ 100 3.1.1 Maintenance <
1 mo ,5 No Bid 5 3.2 Plan B 1 mo ,$ No Bid S 3.3 Plan C 1 me , $ N.; B1, ? $
3.3.1 Rental Credits:
F 3.4 Plan 0 1 mo ,$ No bid $
NOTE: Use space below and/or attach page if more space required for pricing. ,
i 1
1 1
- See Data General Standard Price List dated Feoruary 15, 1980, l
l
. v. s. r.em-m ,.m crne. n.n o dc, ' "
l^
r _ _ - . __ - ~ -etawori _. -
% e srANo.ao u:m n, ;Utr 1966
1"
- arn ..:e:::: : .:... w::s
] 16
{
I 2d ,
i
~
M GP C7 pts 0s Of c;NirAc;ot . !
if EM NO. SU'PtlES / SERVICES CUAstirY UNIT Unit PtiCE A>* CUNT
~
I i
4, Ootion It_em 12 mo, $ 185 .5 2,P20 ,
1 Extended Maintenance Coverage in accordance I with Article VI, Paragraph C, for a one (1) year period.
90-day Parts arid Iabor
- 3 Imo 250 750 1
e* l r's 4 l w
=
e 1
4 l
l
. I l 3C-104
- U. t f.ov isse w en PmtT?ar. Or r'c t it'l O te e -e s,
- - -. _ _. . . _ - - , - _ _ .ege . -.
- w. _ #
RFP RS-ADM-80-689 .
Page 117
~
ARTICLE II - CEGCRIPTION/ SPECIFICATIONS A. The following characteristics are c ential to the needs of the Government.
- Thost characteristics will be used by~ the Government for evaluation purposes to determine whether " equal pnducts" offered in accordance with the clause entitled
" Brand Name or Equal" as' contained in Part II, Paragraph 20, are equal in all material respects to tb5 brand name prt. duct referenced herein.
- 1. Itein 1 under ARTICLE I shall have the following essential characteristics:
1.1.Must be capaole of printing 900 lires per minute.
1.2 Must have 136 columns per prin line.
1.3-Must be capable of printing a the characters defined in the 64 character American Standards Code for I formation Interchange (ASCII) characteP set.
1.4 Must be canable of producing an original with five legible copies.
1.5 hust be capable of printing both 6 and 8 lines /. inch (user selectable).
1.6 Must have a 01 rect Access Vertical Format Unit (VFU) with the required characteristics set forth ir. Attachment'l and by this reference made a part hereof. /
. 1.7 Actively control the ribbon to prevent skewing.
l .8 Shall be electrically and mechanically interchangeab'e with the line printer component of a Data General 4244 line printe" subsystem.
- 2. Item 2 urder ARTICLE I shall be electrically and mechanically. interchangeable with Data General data channel line printer controller with interval time com-ponent of a Data General 4244 line printer subsystem.
- 3. Item 3 under ARTICLE I shall be designed to connect the printer to the stancard Data GeneraT internal line printer cable already installed on the existing 3overnment-owned Data General ECLIPSE Model S/230 and shall be electrically and mechanically interchangeable with the 30 foot cable component of a Data General 4244 line printer subsystem.
ARTICLE III rELIVERIES g
A. Time of Delivery Delivery of items 1 through 3 under ARTT.CLE I is required to be made within -
ninety (90) days after execution of contract.
~
M-M
ff . -) !
m c-rm-c0-169 B, Place of Delivery
. 1 Itemt 1 through 3 under ARTICLi I shall be delivered with all trans po rta tion charges paid by the Contractor to the NRC warehouse at the following address: q r
U.S. Nuclear Regulatory Commission 4934-4940 Boiling Brook Parkway 4 Rockville, MD 20852 S
Items shall be marked for Mr. James Shields, ADPS/ADM C. Installation The Contractor shall be required to install the subsystem on the existing Government owned Data General ECLIPSE Model S/230 located at 7920 Norfolk Avenue Bethesda, Maryland in Room P-634 within one ('1) week after delivery. The exact date and time for installation will be mutually agreed upon by the Contractor and the Contracting Officer's Authorized Representative (COAR).
I ARTICLE IV - Term of Contract A. Term of Contract Although the Government contemplates use of the subsystern for a period of at least 5 '
yeart, the term of the contract is for a (to be inserted at time of award) period.
S. Option to Extend the Term of the Contract This contract is renewable, at the option of the Government, by the Contracting Officer giving written notice of renewal to the Contractor not later than the last day of the term of the contcact. The Contracting Officer may give preliminary written notice of the Governrrent's intention to renew at least 30 days before this contract is to er? ire. Such a preliminary notice shall not be deemed to include this option pro-vision. However, the total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
ARTICLE V - Inspection and Acceptance A. inspection and Acceptance
- 1. Inspection and acceptance of the subsystem will be made by the Contracting Officer's Authorized Representative (C0AR) after meeting the Standard of i Performance for Acceotance of Hardware specified in Paragraph 2. The C0AR will notify the Contractor and the Governraent Contracting Officer, in writing, of acceptance date for the subsystem no later than 10 days after date of acceptance.
- 2. Standard of Performance for Acceptance of Hardware This phragraph establishes a standard of performance which shall be met before any equipment is accepted by the Governrnnt. This includes replacement, sub-stitute machines ard machines wnich are added or field-modified af ter a system has completed a successful performance period. Machines undergoing minor modifi-cation or intragovernmental Ransfer which have already passed the performance test are exclu4d from this provision. Acceptance shall take place at the instal-lation site by the COAR. During this Standard of Performance for Acceptance of Hardware period the acceoting activity's normal daily workload shall be processed.
Failure d the contractor's equirent to process the acceptir.g activity's normal I
daily worC 'ad for the performance period s;ecified in Paragraph 2.2 shall be j construed to mean the equipment does not meet the standard of performance require- 1 ments of this Paragraph.
l 2.1 Contiric to'r' Certificafien l The. Contractor shall certify in writing to the C0Ak on or before tne required installation date shown'under ARTICLE III, Paragraph C, that tha equipment
7 RFP RS-ADM-80-689-Page.19' l
is ' installed and ready for use-(readiness certificate).
2.2 Performance Period The performance period for acceptance shall begin 'ter receipt of the'above readiness certificate and on the first normal wor 4 ay follawing the installa-
' tion date and shall end when the equipment has mot the standard of performance for e period of 30 ensecutive workdays by operating in conformance with the DESCRIPTION /SPECIFICMIONS under ARTICLE II,-at an effectiveness level of 95% or more. The effectiveness level for a :yttera or machina is computed by dividing the operational _ use time by the sum of the operational use time and t.he system downtime and then converting this value to a percentage.
2.3 Failure to Meet Standard of Performance <
In the event the equipment does nct meet the standard of performance'during the initial 30 consecutive workdays, thi standard of performance test shall continue on a day-by-day basis until the standard of performance is met for a total- of 30 consecutive workdays. If the equipment fails to meet the stardard of performance after 90 consecutive workdays from the instal-lation date,'the Government may request a replacement or terminate the order and request ~ the removal' of the equipment. Termination -will t,e in accordance with Clause No.11 of the General Provisions entitled " Default".
2.4 Opg',,tional Use Time Minimum A miaimum of 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br /> of system operational use time is required in computing the effectiveness level . If the actual number of hours of operational use time exceeds 100, then the actual hours shall be used. .
- 3. Acceptance of Maintenance Performance by the Contractor of the MAINTENANCE specified in ARTICLE I, item 4 is subject to review and approval prior to acceptance. Acceptancs will take place monthly at the installation site by the designated Government '
accepting authority.
ARTICLE VI - SPECIAL PROVISIONS ;
1 A. Certractor Warranty Provisions
- 1. The contractor shall furnish, at no charge to the Government, all maintenance (labor and parts) for the entire subsystem for a period of 90 calendar days beginning on the day the subsystem is accepted. The maintenance service ;
furnisned shall include a minimum of eight (8) hours response time, during i-the Principal Period of Maintenance which is 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed at the Governrnent's installation.
- 2. All parte replaced during the warranty period shall become the property of the contractor.
'3 . Prior to the expiration of the warranty period, whenever equipment is shipped for mechanical " 'lacement purposes, the contractor.shall bear all charges, including, but r% limited to, the charges for packing, transportation, rigging, drayage and insurance.
- 4. The warranty shall not apply to maintenance required due to the fault of neglect of the Government.
&a5
- . ~ _ _ ___ _ _._
d 4
. c e k w um 80-689 4 Page 20 L 5. Services under thaparranty shim be rencered by the company specified under Part 11,. Paragraph 30.
'6. The Contracttr-shall make available.to the' Government, upon req'uest, the' '
, Contractor's maintenance . logs. These logs will show all maintenance pertormed on the subsystem.
- B. Warranty Exclusion and. Limitation of Dataages Except as expre. sly set forth in writing in this agreement, or exccot as pro-vided in the clause intitled, " Commitments, Warranties, and Representations," ,
if applicable, and except for the implied warranty of merchantability, there l are no warranties expressed or implied. In no event will the contractor be liable'to the Government for consequential damages as defined in the Uniform -
Commercial' Code, Section 2-715, in effect in the District of Columbia as of January l_,1973; i e.: '
J Consequer.tial damages resulting from the seller's breach include: )
(a) Any loss resulting from general or particular- requirements and needs of
. which the seller at the time of contracting had reason to know and which could net reasonably be prevented by cover or otherwise; and (b) injury to persor, or property proximately resulting from any breach of warranty.
C. Option to Extend Maintenance Coverage on durchased ADPE Outside of the 4 Warranty Period. !
The Government, by giving 15 calendar days (or less, if agreed to by the contractor) written notice to the contractor, has the option to extend the ,
coverage specified in Paragraph A for a one (1) year period outside of the l' warranty period at the fixed charges set forth in ARTICLE I.
O. Risk of Loss or Damage i
- 1. Risk of Loss or Damage - Lease The Government is relieved of all riske of loss or damage to the equip-ment during periods of transportation and installation, and during the entire time the equipment is in the posses-fon of the Government, except for:
, (i) loss or camage caused by nuclear reaction, nuclear radiation, radio-active contamination, war, insurrection, civil strife, rebellion, weapons of war; or (ii) negligence on the part of the Government or its agents, provided, 2 however that the Government shall be relieved of the liability for {
such risks of loss or damage due to negligence if any commercial customer of the Contractor is relieved of such liability under like circumstances.
If the Government is liable for loss or damage of a machine, it shall pay the Contractor for the time and materials required by the Contractor
.to restore the machine to its previous condition at the Contractor's then current prices, terms, and conditions, or, if the machine is lost or damaged beycad.recair, the Government shall pay the Contractor the same price for the cachine as the Government would have paid had it purchased i the machine on the day prior to loss or damage under the purchase option provisions of this contract. In the event regulations require tne reten-tion or destruction of rented storage devices the Government shall pay to
, the . Contractor all costs necessary to renlace the storap cevice or _.to ... . -
' restore it to good operating condition.
I
in c' .
'~.a, .
2 a
RFP RS-ADM-80-689 Page 21
- 2. Risk of Loss or Damage - Purchase The. Government is relieved of all risks of loss or damage to the equipment, up to and including the day prior to.the first cay of a successful per-fonnance period, except for:
(1) loss or damage caused by nuclear reaction, nuclear radiation, radio-active contamination, war, insurrection, civil strife, recallicn, 1 weapons of war; or (ii) negligence on the part of the Osvernment or its agents, provided, ,
however. .that the Government shall be relieved'of the liability for such risks or damage due to negligence if any comercial customer of the Contractor is relieved of such liability under like circumstances.
If the Government is liable for loss or damage of a machine, the Contractor shall have the' option to restore the machine to its previous condition, in which event the Government snall pay the Contractor'to perform such res- ;
toration at the Contractor's then-current prices,. terms and conditions; or if the Contractor elects not to restore the machine, the Govert: ment may, at its.own expense restore the machine to its previous condition; provided '
that, i f the machine is lost or damaged beyond repair, the Government shall
, pay to the Contractor the same price for the machine as the Government would have paid had it purchased the machine. on the day prior to the loss or damage under the provisions of this contract. This clause shall govern '
. risk of loss or damage, notwithstanding any other provisions of this. contract relating to title, payment or ownership.
E. CONTRACTOR C0tiMITMENTS, WARRANTIES AND REPPESENTATIONS l
l Any written commitment by the contractor within the scope of this contract shall be binding upon the contractor. Failure of the contractor to fulfill any such I commitment shall render the contractor liable for liquidated or other damages l due to the Government under the terms of this contract. For the purpose of this contract, a written commitment by the contractor is limited to the proposal sub-l mitted by the contractor ?.nd to specific written a indments to its proposal .
Written commitments by the contractor are further defined as including (1) any warranty or representation made by the contractor in a proposal as to hardware l
or software performance, total systems perfoimance, and other physical, design or functional characteristics of a machine, software package or systam,-or installation date, '2) any warranty or representation made by the contractor concerning the characteristics or items descrited in (1) above made in any l
literature, descriptions, drawings or specifications accompanying or referred '
i to in a procesal, (3) any modification of or affirmation .or representation as l to the above which is made by the contractor in or during the course of negotia-tions, whether or not incorporated ir.to a formal amendment to the proposal in ,
ouestion, and (4) any representation by the contractor in a proposal, supporting documents or negotiations subsequent thereto M to training to be provideu, services to oe : erformed or any other similar matters regardless of :ne f act that the duration of such comitment may exceed the duration of this contract.
4 A.A. av 5*
-. . . .- ._= . . ~
RFP RS-ADM--80-689 Page 22
' ARTICLE VII - PRESERVATION / PACKAGING / PACKING All materials delivered under this contract shall be t# forded the degree of packaging (preservation and packing) required to prevent Grterioration and/or damages due to hazards of ship 2ent, handling, and storage. hch packaging shall be' accomplished in such a mauner as to insure safe delivery at destinaticn.
ARTICLE VIII - CONTRACT ADMINISTRATION DATA A. Authorized Representative ,
The Contracting Officer may designate one or more a'uthorized representatives under this contract for the purpose of assuring that the supplies required under the contract are delivered in accordance therewith. Such representa-tives as may be apcointed will be specifically designated in wr' ting by the Contracting Officer.
B. Billing Instructions ,
Gene ral . The contractor shall submit vouchers or invoices after acceptance of tne. subsystem, as prescribed herein.
Form. Claims shall be submitted on the payee's letterhead, invoice or on the Governments Standard Form 1034 'Public Voucher for Purchases and Services Other Than Persor.al,." and Standard Form 1C35 "Public Voucher for Purchases Other Than Personal -- Continuation Sheet." These ' forms are available from the Government Printing Office, 710 .1 orth Capitol Street, Washingtcn, D.C.
20801.
Number of Cooies and Mailing Aodress. An original and six copies shall be suomitted to NRC offices identified below.
Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance' for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Precara. tion and Itemization of the Voucher. The voucher shall be prepared in ink or ty.pewriter (witnout strikeovers) and corrections or erasures must be ini tial ed. It must incluc'e the following:
(a) Payor's name and address. (i) Address the original voucher (with l
4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting, Office of the Cont oller, ATTN: GOV /COM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U.S. Nuclear Regulatory Commission, ATTN: E.L. Halman, Director, Division of Contracts, Washirgton, DC 20555. (iii) The cricina.1 coev of the voucher should indicate that (2) cooies have oeen forwarded o the Contracting Officer.
. _ . . . . . ~ . .. .
l l
RFP RS- ADM-80-639 Fage 23 (b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
(e) Payee's name and address. (Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then insert the name and address of the payee .)
(f) Description of articles or services, quantity, unit price..and total amount.
(g) Weight and zone of shipmeat, if shipped b/ parcel post.
(h) Charges for freight or express shipments, and attacheJ prepaid bill, if shipped by freight or express.
(i) Instructions to consignee to notify Contracting Officer of receipt of shipment.
(j) Final invoice marked: " FINAL INVOICE" Currenck. Billings may be expressed in the currency normally used by the con .
tractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equival' e nt for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
C. Payment
- 1. Invoices shall be submitted by the Contractor after acceptance of the subsys *em by the Government. In the absence of a discount, the contractv shall be paid upon the submission of a proper and correct invoice or voucher in aporoximately thirty (30) days af ter t.ubmission or acceptance of the subsystem, whichever is later, the prices stipulated herein for services rendered and accepted (Section E), as herein provided.
- 2. If this contract provides for a discount, the contractor shall indicate the contract's discount terms (Block 16 of page 1) on the face page of the invoice or voucher.
- 3. Additional provisions relating to payment are contained in clause no. 7 of the General Provisions.
+1 o S-
- - ~
.. L ,
'E.r * ,# ,
RFP RS-ADM-80-689
- Page 24 .,
j
+
ARTICLE.IX - GENERAL' PROVISIONS >
'This contract is subject to the' Fixed Price Supply Contract Gener'l a Provisions, dated February 15, 1978, wl.ich incorporated the Standard Form 32 (Rev 4-75)
General Provisions and- FPR Changes and ' Additions to Standard Form 32 General Provisions -(June 1976), attached hereto at Attachment 3 and made a part hereto I by this reference.
L 1.1 FPR Changes and NRC Additions to Standard form 32 General Provisions is further modified as follows:
- L.l .l .1. Clause No. 22 entitled " Utilization of 1. abor Surplus Area Concerns" is deleted in its entirety and substituted with the attached claua4 entitled Utilization of Labor Sus plus Area Concerns (FPR l-1.805-3)" ,
in' lieu thereof. ;
L.l .l .2 Clause No. 32 entitled " minority Business Enterprised Subcantracting
' Program" is deleted in its entirety. '
L.l .l .3 Clause No. 33 entitled " Preference For U.S. Flag Air Carriers" is ,
deleted in its entirety.
L.l .l .4 Clause No. 44 entitled " Utilization of Small Business Concerns and
. Small Business Concerns Owned and Controlled by Socially and Economically Oisaavantaged Individuals" is hereby added. .
L.l.1.5 Clause No. 45 entitled " Utilization of Women-Cwned Business Concerns PART IV - LIST OF DOCUMENTS ANO ATTACHMENTS
- 1. Direct Access Vertical Format Unit (VFU) Fune':ional Description f
- 2. General Statement of Policy Regarding the Avoidance of Contractor Organizational Conflicts of Interest.
- 3. Fixed Price Supply Contract General Provisions, dated February 15, 1978, which incorporates the Standard For9 32 (REV 4-75) General Provisions ano FPR Ch,.nges and Addition to Standard Form 32' General Provisions (June, 1976),
- 4. Systems Life Evaluation Cosdng For ADPE i
i w we e -e w w --- *% s e-w,. ~w e w w- ., ,. ,w - . -
- e~., ,ee.=- ,.-- . ,--e-+--- s,u--- ve+.--s
p _
I
. j
'.* ,f l
3- ATTAC4 MENT'N0. 1 i
,, a i
The Direct Access VFU option allows tl.e user's CPU to control the 1 vertical format at any time via the user system. The printer thus feede eages l
' to a predetermined line position upon receipt of a coded command from the user sys te m.
The VFU memory has 143 words 12 channels wide making 'it capable of controlling forms which contain up to and including 143 lines.
t The Direct Access VFU may be loaded at any time by a request by the printer with a Start Load code 3568 When the Start code is recogniced, the printer enters the Load Memor7 state.
- Each rnemory word is loaded by the recognition of a two data character sequence. In each sequence, the first 6 bits of the first character received are used to load channels 1 through 6. The first 6 bits of the second character re- ;
ceived are used toload channels 7 through 12. A "ONE" bit on Data Input Line 1 g
represents a channel stop in the VFU memory.
DIRECT ACCESS VFU MEMORY LOAD CHARACTER DEFINITION .
)
First Character Second Character l Data Bit After Start Code Data Bit After Start Code 8 X (irrelevant bit) 8 X (irrelevant bit) 7 X (irrelevant bit) 7 X (irrelevant bit) l 6 1 Tape Chann 16 6 1 Tape Channel 17. j 5 1 Tape Channel 5 5 1 Tape Channel 11 4 1 Tape Channel 4 4 1 Tape Channel 10 3 1 Tape Channel 3 3 1 Tape Channel 9 2 1 Tape Channel 2 2 1 Tape Channel 8 1 1 Tape Channel 1 1 1 Tape Channel 7 For example, if there is a requirement to program the first character (one-half word) with stops in channels 1, 3, 3, 5, 6, and 12, the two code se-quence would be 00llolll and 00100000 respectively. The first t'vo data charac-ters received after the Start code are censidered as information to be stored in the Direct Access VFU memory for one line of the form. The third and fourth
! input data characters are used to load the second line of the format instruction.
The ensuing words would be loaded using additional two character sequences.
Each odd character is used toload the first six channels into the least significant half (LSH) of memory, and each even character is used to load the most signifi-cant half (MSH). of memory until a Stop Code is received. This process is re-peated until the number of words corresponding to the length of form (number of lines) to be utilized have been loaded. At that point, the Stop Load code 357.c- i8 sent to the printer. The Stop Load code must always follow the second char:8 l
ter of a line.
l When the Direct Access VFU memory loading is complete, it is possible to electronically realign the contents of memory with respect to the position of t
form paper. This function is performed by the user issuing only the Stop Code 3578 t the VFU logic. p ,,;;;;
I m
1_ '
Once the memory load has been completed, VFU instru.:tions are trans-mitted to the printer by activating - the interface Printer Instruction (PI) line at the same time that coded instructions are presented on the cata lines. The VFU is detigned to provide two modes of operation witL the PI control signal. Under l program control, itis possible to slew a specified number of lines (holding Data Line.5 high or low)'via the Step Count Line Advance or the Tape Channel Selec-tion mode. Input datalines 1 through 4 are utilized for both modes of operation.
Step Count Line Advance commands will instruct the printer to slew the desired number of lines. Tape Channel Selection , commands will select a particular tape channel.
VERTICAL FORMAT CONTROL CODES FOR STEP COUNT LINE ADVANCE o.s. lap.1 un., -
un..
8(Pil 7 6 5 4 3 2 1,. Ste pped High Migh - 0 0 0 0 0 High High 0 0 0 1 i High High 0 0 1 0 2 High 'High 0 J ,
t 1 3-High Slig h 0 0 $ 4 High High 0 1 0 f 5 High High 0 1 1 0 6 High High 0 1 L 1 7 High Hirn 1 0 0 0 g High High ! 0 0 1 9 High H:gh i 0 1 0 10 .
. High High I O I 1 it High H6gh 1 1 0 0 12 High High I I O 1 13 High High 1 1 1 0 14 High High i I I l 15 l
VERTICAL FORMAT CONTROL CODE 3 FOR TAPE CHANNEL SELECTION Data Input L nes T p.
Sil*l! 7 a S 4 1 2 1 Cl..nnel l
l Hign Low 0 0 0 0 1 High Lo* 0 0 0 i 2 liigh Lom 0 0 1 0 1 Ilign Low 0 si i I 4 lingh Low 0 i 0 0 )
High
- o=
.. 0 l 0 I i,
{ High Low 0 I l 0 i l
Hagn 1,ow 0 1 1 1 g Hign Los 1 0 0 0 9 High Low & O D 1 to Hlan Low 4 3 1 0 ll
, High Low I O I i 12 l
l l
- 2-
,44[ .
i.
. PART 20-1..-- GENERAL Subpart'20-1.54--Contractor' Organizational' Conflicts of Interest' Sec. .
. 20-1.5401' . Scope and policy.
, 20-1.5402- De.finitions. .
Criteria for recognizing contractor organizatiunal 20-1.5403
- conflicts of interest. .
- 20-1.5404 Representation. -
20-1.5405 Contract clauses.
20-1.5405-1 General. contract clause.
20-145405-2 Special contract provisions.
1.5406 Evaluation, findings, and contract award.. ,
20-1.5407-. Conflicts-identified after award. t
.20-1.5408' , (Reserved).
20-1.5409 (Reserved) .
20-1.5410 Subcontractors. i 20-1.5411 Waiver.
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 (NRC)(a) It is the to avoid, policy or eliminate of neutralize the U.S. Nuclear Regulatory contractor Commission organizational conflicts j of iaterest. The NRC achievec this objective by ' requiring all prospective 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.
(b) Contractor cor.flict 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 of 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 awarded the contract, be placed in a position where its judgment may be biased,,
or where it may ' eve an unfair. competitive advantage?
.(c) The co"iiet of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other ;'
relat-ionships with NRC (e.g. , parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment orocess, NRC wxw w m- -+ w ww,f - -_d --_- '-
w c -
-7590-01 l y i agreements with other government agencies, international irganizations, oristate, local or . foreign governments; separate procedures for avoiding confli:.ts of interest will be employed in such agreements, as appropriate.
120-1.5402 . Definitions (a) . "^rganizational conflicts of interest" means that a relationship j
exists whereby a cor, tractor or prospective contractor has-present or i planned interests related to the work to be performed under an NRC .l
-contiact which: ~(1).May. diminish its capacity to give impartial, technically i
sound,' objective assistance and advice or may otherwise rcsult in a -
- biasel work product, or-(2) may result iri its being given an unfair -
competitive advantage.
~(b) "Research" means a'y scientific or technical work involving theoretical salysis, exploration, or experimer ation. ,
(c) '" Evaluation' activities" means any effort involving /the appraisal of a technology, process, product, or policy.
l (d) " Technical consulting ant management support services" means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistence in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work. .
(e) " Contract" means any contract, agreement, or other arrangement .
with the NRC except as provided in Section 20-1,5401(c).
(f) " Contractor" means any person, firm, unincorporated association, joint venture, co-spons,or, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified. in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of '
each other when either directly or indirectly one centern or individual controls or has the power to control another, or when & third party controls or has the power to control both (al CFR S 1-1.605-1(e)).
(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for i supplies and subcontrac+.s in amounts of $10,000 or less.
-(i) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or .
affiliates thereof, including its chief executive, directors, key personnel '
(identified.in the proposal), preposed consultants, or subcontractors, submitting a bid er proposal, solicited or unsolicited, to the NRC to obtain a contract.
2 .,
'b.
Y-7590-01'
\
..-(j) " Potential conflict:of interest" means that a factual situation
, exists that suggests (indicates) that an actual conflict of' interest may
- arise from award'of a proposed contract. The term " potential conflict of interest' it used.to signify those situations which merit investigation sprine to' contract award in order tn ascertain whether award would give rise to an actual conflict or-which must be reported to the contracting officer forLinvestigation if they arise during contract performance.
9 520-1.5403 Criteria for recognizing contractor organizational conflicts of interest
( e )' General. ' Two questions will be asked in determining whether dCtual. 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 NRC? (2) May the contractor be given an unfair ccmpetitive advantage based on the performance of the contract?
Thel ultimate determination by NRC as to whei.her organizational conflicts of interest exist will be made in light of comon sense and good business r Judgment based enon the relevant facts disclosed and the work to be.
. performed. 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 potentirl organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requiremeats which call for the rendering of advice, consultation or evaluation L activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b) Situations or relationships which may give rise to organizational -
conflicts of interest. (1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(i) Where the offeror or contrector provides advice and recommendations to the NRC in a technical 3rea in which it is also providing consulting assistance in the same erec to any organization regulated by the NRC.
(ii)'Where the offeror or contractor provides advice to the NRC on the same er similar matter in which it is also providing assistance to i any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or serviccs, or the products or services of another entity where the offeror .
or contractor has been substantially involved in their developmer.t or j l
marketing. ,
e :
(iv) Where the award of a contract would otherwise r'sult in placing the offeror or contractor in a conflicting role in which its j judgment may be biasid in relation to its work for "the NRC or may otherwise j result in an unfair competitive advantage for the offeror or contractor.
i j.
b
- l. . - _ - - - - .. .- - . . . - -. - - - _.
.j
- d. -
- .1
[ .,
7590-01 (2) The contracting officer may request specific information from an offeror'or contre.ctor or may require special contrac' provisions such as piovided in 520-1.5405-2 in.the following circumstances:
(i) Where the offeror or contractor prepares specifications which' are to be used in competitive procurements of products or services covered by such specifications.
s (ii) Where the offeror or contracter prepares plans for specific ;
appt,. aches or methouclogies that are to oe incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or cratractor is granted access to information not available to the public concern 1ng 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 r+ sult 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 6fferor or contractor.
(c) Poiicy 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 the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work normally would act be assrded 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 af 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 comp nies responding to the RFP, the ABC Corp. is performing various proje':ts for several different utility clients. None of the ABC Corp.
projects have any relationship to the worF called for in the RFP. Based on the NRC ovaluation, the ABC Corp. is considered to be the best qualified compan/ to perform the work outlined in the RFP.
. . 1 1 1 i
7590-01 Guidance. An NRC contact normally could be awarded to the ABC Corp. becL se no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be inc'uder' in t.he contract to preclude the ABC Corp. from subsequently contractii.J for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. "ould be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in I, certat i type of commercial nuel'
- facility, it is imperative that NRC secure specific data on various operational aspects of thct 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 qith whom NRC can contract which can develop and conduct the testing programs recdired i to obtain the data in reasonable time. That company has a definite interest in any NRC deci., ions 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 !ts work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of g 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 prop 3 sal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRL 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 awarde:. to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in tne contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normaily 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 rot be used in the contractor's private activities unless such information is generally available to others. Further, the contract will stipulate that the contractor will inform the N"C contractina officer of all situations in which the information developed under the contrz:t is proposed to be used.
.y l
1; ,
_ Ol
.i.
. 7590-01 s
(5; Example. The ABC' Corp., in response to a RFP proposes to assemble a map showing.certain saismological features of the Appclachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), ABC Corp. inferms the NRC that it is presently doing. seismological studies for 'several utilities in the Eastern United States bl.t none of the sites are within the g;ographic area contemplated
.by the NRC study.
Guidance. The contracting officer would nonnally conclude that
.anrd of a contract would not place ABC Corp. in a conflicting rola where its judgment citght be biased. The work for others clause of f 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NPC contract which could create a conflict of interest.
(d) Other considerations. (1) The fact that the NRC can identify and 1ater avoid, eliminate, or ~ neutralize any potential organizational conflicts arising from the perfonnance of a contract is not relevant to '
a detennination of the existence of such conflicts prior to the award of a contra .
(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise frem 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 b: sis. -
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or Contractor.
(b) Representation procedure. The following organizational 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 conflicts of interest provisions are noted in the solicitation and would be included in tee resulting contract. This representation requirement ,
shall also apply to all modifications for additional effort under the l contract except those issued under the "cr.anges" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
l l
i i
i
7590-01 l l
l 1
ORGANIZATIONAL CONFLICTS OF INTERE5T REPRESENTATION I represent to the best of my knowledga and belief that:
The award to of a contract or the modification of an existing contr00t does ( ) or does ;1ot ( ) involve situations or relationships of the type set forth in 41 CFR S20-1.5403(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 s20-1.5403(b)(1) are involved. or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide r statement in writing which describes in a concise manner all relevant facts bearing on his rept esentation tc the contractino officer. If the contracting officer datormines that organizai.lonal
- onflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) determine 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 by 570-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest 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. ,
(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contaiied in a RFP unless the RFP specifically prohibits auch exclusion. Any such proposed exclusion by an offeror l will be considered by the NRC in the evaluation of proposals. If the NRG considers the propose r other s:rniIar documents relating to werk under nempt of no: ice from the Cont:acnar OSeer specify:ng such
- !s contnet if marked " Top Secrat,""Secre ." or ~ :onddenttal."
failun.
be furnished to any assir..ee of any claim at: sing under this ,
(b) In :he event the Gover ment *erminates this centract ir con:ne: or :o any other person not enntled to rece:ve :he same, wnole or in par as provWed in pararra;n is) of :his cisuse. the However a copy cf any part or all of this con:-se so marked may Government may procure, upon such te: .s and in such manner be funished. or any information contained derein may be dis. as tha Cm activ CSeer mar d++ napmrism supWe er closed to such assignee upon the prict wr:::en Tu:hori:an:n of Mi es re:!ar to
- hem so termina:ed. and the C:ntrae:or ihC
- he Conene:ing OSeer. ** "2d' to th" 00"*S**"a f*? 2 " 'Xc988 ?08:s M such s:mur sucp!!es or sernces: ?mvuivi. That he Cont seter shr!I cent:nue
- 9. Aeo:mn:. Sova Sc:t:7.r . . he per!3. n ance of inis :on:ne: :$ the er.en: ne: :ermina:ed
!! any sure-" upon any bond turnished in connaction "ith this under:he pre :s: ens e th;s cinuse.
contract becemes unaces; able to the Gover men: er if any such (c, Excep: "eith respec: :o def auP.s cf su: enirse:c.rs. he g?ANOARD FORM $2 (Rev,4 70 0
l l l
l i
Contractor shall not be liable for any excess ecsts if the laqure to ing Omcer, who shall reduce his decision to writing and mail or penurm the eunum d..wa vu. ui cau.ca 'ovyund tiie comrol and ucherwise iurnish a copy thereof to tne Contractor. The decision without the 'ault or negligence of the Contractor, Such causes of the Contracting Orficer shall be anal and conclusive unless, may include, but are not restricted to, acts of God or of the public within 30 d ys from the due of raceipt of such copy, the Con-enemy, acts of the Government in either its sovereign or con.
tractor mails or other vise furnishes to the Contracting Omcer tractual cr seity, ares, !!oods. epidemics, quarantine restrictions, a written appeal addressed to the Secretary. The decision of the strikes, freight embargoes, and unusually severe wmther; but Secretary or his duly authorized representative for the determi.
in every case the failure to perform must be beyond t1e control nation of such appeals shall be anal and conclusive unless de- '
and without the fault or negligem of the Contractor. If the termined by a court of competent jurisdiction to have been ;
fa.ilure to perform is caused by the default of a subcontractor, fraudulent, or capricious, or arbitrary, or so grossly erroneous and if such default arises out of causes beyond the control of both as necessarily to imply bad faith, or not supporteel by ubstantial the Contractor med subcontractor, and without the fault or evidence. In connection with anv appeal proceeding under this 3
i negligence of either of them, the Contractor shall not be liable clause, the Contractor shall be aforded an opportunity to be for any excess costs for failure to perform, unless the supplies !
heard and to o#er evidence in support of its appeal. Pending or services to be furnished by the subcontractor were obtainable final dwision of a dispute hereander, the Contractor shall proceed from other sources in sumbat time to permit the Contractor to diligently with the irrformance of the contract and in accordance '
i' meet the required delivery schedule. with the Contracting Omcer's decision.
(d) If this contract is terminated as provided in paragraph (b) This " Disputes" clause does not preclude consideration of (a) of this clause, the Government,in addition to any other rights law questions in connection with decisions provided for in para- ;
provided in this clause, may require the Contractor to transfer graph (a) above: Provided. That nothing in tFs contract shall be i title and deliver to the Government, in the manner and to the construed as making anal the decision of any administrative 1 cxtent directed by the Contracting Omeer, (i) any completed otBeial, representative, or board on a question oflaw.
supplies, and (ii) such partially completed supplies and materials, i parts, tools, dies, jigs, axtures, plans, .irawings, information. 13. NOTICE AND MSISTECE REcARDINo PATsNT ao and contract rights (hereinafter called " manufacturing ma. COrYRIGHT I WINCEMENT -
terials") as the Contractor has speciauliy produced or tpe. The provisions of this clause shall be applicable only if t'.e I cl6cally acquired for tha performance of such part of this contract amount of this contract exceeds $10,000, i as has been terminated; and the Contracter shall, upon direction (a) The Contractor shall report to the Contracting Omcer, l of the Contracting Omcer, protect and preeve property in promptly and in reasonable minen detail, asch notice or claim ,
possession of the Contractor !n' which the Gomament has an of patent or copyright infringement based on the performance of l interest. Payment M completed supplies delivered to and ac. this contract of which the Cont. actor has knowledge-cepted by the Government shall be at ne contract price. Payment (b) In the event of any claim or suit against the Gov rnment for manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infringement Government and for the protectiost and preservation of property arising out of the performance of this contract or out of the use shall be in an amount agreed upon by the Contractor and Con. of any supplies furnished or work or services performed here-tracting Oscer; failure to agree to such amount shall be a dispute under, the Contractor shall furmah to the Government, when concerning a quescion of fact within the meaning of the clause of requested by the Contracting Ot5cer, all evidence and information this contract entitled " Disputes." The Government may withhold in possession of the Contracer pertaining to such suit or claim.
from amounts otherwise due the Contractor for such completed Such evidence and information shall be furnished at the expense supplies or manufacturing materials such sum as the Conmeting of the Government except where the Contractor has agreed to Officer determinee to be new.sary to protect the Gmrnment indemnify the Government.
against loss because of outstanding liens or claims of Sr tr lien holders. 14. BtrT AstEn ca ACT (e) If, after notice of termination of this contract under the (a) In acquiring end products, the Buy American Act ( U.S.
provisions of this clause, it 'J determined for any reason that the Code 10 a-d) provides that the Government give prefr . ace to C mtractor was not in default under the provisions of this clause, domestic source end products. For the purpose of this clause:
or that the default was excusable under the provisions of this (I) " Components" means those articles, ma.erials, and sup-clause, the rights and obligations of the parties shall, if the con. plies, which are directly incorporated in the end products; tract contains a cistise providing for termination for convenience (ii) "End products" means those articles, materials, and of the Government, he the same as if the notice of termination supplies, which are to be acquired under this contractYor public had been issued pursuant to such clause. If, after notice of termi- use; and nation of this contract under the provisions of this clause, it is till) A " domestic source end product" means ( A) an un-datermined for any reason thr.t the Contractor was not in default manufactured end product which has been mined o produced I under the provisions of this clause. and if this contract doas not in the United States and (B) an end product manufactured in !
contain a clause providing for terminatin for convenience of the the United States if the cost of the components thereof which Government. the contract Mll be equitably adjusted to compen. are mined, produced or manufactured in the United States ex-sate for such termination and she contract modified accordingly; ceads >0 percent of the cost f all its compunents. For the i fai!ure to agree to sny such adjustm(nt shall be a dispute con. purposes of this (a) tili)(B). components of foreign origin of I carning a question of fact within the meaning of the clause of this the same type or kind as tne products referred to in (b) tii) or contract entitled " Disputes." f111) of this clause shall be treated as compcnents minad. pro-(f) The rights and remedies of the Government provided in this duced or manufactured in the United States. !
elause shall not be exclusive and are in addition to any other ib) The Contractor agrees that there will be delivered ur.2er l rights and remedies provided by law or under this contract, this contract only domestic source end products, except and I (g) As used in paragraph (c) cf this clause. the terms "sub. products:
contractor" and " subcontractors mean subcontractor (s) at li) Which are for use outside the United States; any ticr.
(ii) Which the Government determmes ne not nined. pr>
M. DISPtlTEs 'iuced. Or anufactured in the United States in su:".e.t nt and reasonably cysdable commercial 4'tantities and of a satistr.ctor*.*
t a) Exce- as otherwise provided in this contract, any dispute qualty- l concerning a question of fact ar. sing under this eintract which (i.i) As te which the Secretary determ:nes the demestic is not disposed of by agreement shall be decided by the Contract- preference to be inconsistent with the puo!Ie interest: or 3
STANCARQ FCRM 22 (Rev. 4 75)
. l l
i (ivi As ' J which the Secretaty determines the cost to the interpretations of the Secretary of b bor which are now or may Government to be unreasonable. hereafter be in efect.
(The foregoing requirements an administered :n accordance with Executive Order No.10582, dated December '7,1954.) 18. Eqt:AL OPNRTt?NrrY
- 13. Convict LAsos (The following clause is applicable unless this contract is ex-empt under the rules, regulations, and relevant orders of the In connection with the performance or work under this contract, Secretary of Labor (41 CFIt, th. 60)J
- the Contractor arroes not to employ a:ty person undergoing sen-During the performance of this contract, the Contractor agrees tence of imprisonment at hard labor except as provided by Public as follows:
Law 89-176,~ September 10,1965 (18 U.S.C. 4082(e)(2)) and Executive Order 11755, December :9,1973. (e ) The Contractor will not diser:minate against any employee or applicant for employment because u ram, color, religion, ser.
- 16. CONTRACT WORE Hot'R4 AND SAmrr STANDAaDS ACT- ional origin. De Coc actor wW take ahtive adon to OttaT!xt CoxFtNsAttox ensure that applicants a'. employed, and that employees are This contract, to the extent that it is of a character specified treated dus unployment, without regard to their race, color, religion. ~ e, tional or: gin. Such action shall include, but not in the Contract Work Hours and Safety Standards Act (40 U.S.C. be limb; f G27-333), is subject to the following provisions and to all other following: Empicyrent, upgrading, demotion, applicable provisions and exceptions of such Act and the regula- or transfer; recruitment or recruitment advertising; layof or tions of the Secretary of Labor thereunder. terminatien; rates of pay or other forms of compensation; and
.(a) Overtime requiretnents. No Contractor or subcontractor selection for training, includiar apprenticeship. The Contractor contracting for any part of ths contract work which may require agrees to post in conspicuous piaces available to employees and or involve the employmet of laborers, mechanics, apprentices, appik: ants for employment, notices to be provided by the Con.
trainees, wstehmen, ana guards shaP, require or permit ant tracting OfBeer setting forth the provisions of this Equal Onpor-tunity clause.
Irborer, mechc.ic, apprentice, trainee, watchman, or gt.ard in .
any workweek in which he is employed on such work to work in (b) The Contractor wtll, in all solicitations or adver.isements for employees placed by or on behalf of the Con ractor, state excess of eight bours in any calendar day or in excess of ferty hours in such worieweek on work subject to the provisions of the that all qualfdsd applicants will Wye considerat*on for em-Contract Work Hours and Safery Stanurds Act unless such ployment without regard to race, csior, religion, sex, or national origin.
laborer, mechanic, apprentice, trainee, watenman. ?r guard re-eetves compensation at a rate not less than one and one-half times (c) The Contractor will send to each labor union or representa-his basic rate of pay for all such hours worked in excess of eight tive of workers with which he has a collective bargaining agree-hours in any calendar day or in excess of forty hours in such ment or other contract or understanding, a notics, to be provided wirkweek, whichever is the greater number of overtime hours. by a agency Contracting OfSeer. .atvising the labor unicu or workers' representative of the Contractor's commitments under (bn Violation; liability for unpaid' wages; liquidated damages.
this Equal Opportunity clause, and shall poet copies of the notice In the event of any violation of the provisions of paragraph (a),
the Contractor and any s 2bcontractor re mnsible therefor shall in conspicuous places available to employees and applicants for employment.
be liable to any afectea employee for his unpaid wages. In addi-tiin, such Contractor and subcontractor shall be liable to the (d) The Contractor will comply with s11 provisions of Execu-I*nited States for liquidated damages. Such liquidated damages tive Order No.11246 of September 24, 1965, as amended by Executive Order No.11373 of October 13,1967, and of the rules, shall be computed with respect to each individual laborer, regulations, and relevant orders of the Secretary of Labor.
mechanic. apprenties, trainee, watchman. or guard employed in violttion of the provisions of pangraph (a) in the sum of 310 (e) The Contractor will furnish all information and reports renuired by Executive Order No.11246 of September 24, 1963, for each calendar day on which such employee was required or as emended by Executive Order No.11375 of October 13. 1967, permitted to be employed on such work in excess of eight hours cr in excess of his standard workweek of forty hours without pay-and uy the rules, remtions, and orders of the 3ecretary of Labor, or pursuant thereto, and will permit access to his books, m:nt of the overtime wages required by paragraph (a)-
records, and accounts by the contracting agency and the Secretary (c) Withholding for unpaid wages and liquidated damages. The of Labor for purposes of investigation en macertain compliance Contracting OfEcer may ' withhold from the Government Prime with such rules, regulations, and orders.
Contractor, from any moneys payable on accourt of work per- (f) In the event of the Contracter's noncompliance with the formed by the Contractor or subcontractor, suen sums as may Eonal Opportunley clause of this contnet or mth my of the administrativey be determined to be necessary to satisfy any said ru!ad, regulations or orders, this contract may be enneeted, liabilities of such Contractor or subcontnetor for unpaid wages termmated. or suspended. in whole or in part, and the Contractor and licuidated damages as prov:ded in the provisions of para- may be declared inelletble for further Govenment enntracts in g aph (b). accoroanee with procedures author: zed in Executive Order No.
(d) Subcontnets. The Contractor shall insert pangraphs (a) 11246 of September 24.1963, as ammded by Executive Oroer No.
through (d) of this clause in e..I subcontnets, and shall require 11373 of October 13. 1967, and such other ranetions may ba im-their inclusion in all subcontracts of any tier. posed and remedies invoked as provided in Executive Order No.
(e) Records. The Contracter shall maintain payroll records 11248 of September 24,1963, as amended by Exeev .ive Order No, containing the information spee:fied in 29 CFR m.2(a). Such 11073 of October 13,1967, or by rule, regulation or erder of the
- cords shall be preserved for three years from the completion Secretary of Labor, or as otherw:se provided by law.
'of the contract. (;) The Contractor will include the provisions of paragrac s (a) through (g) in every subcontract of purchase erder unless
- 17. WAI.SHGr.Atn Pt31.tc CONTRACTS Act exempted by rules, rerulations, or erders of the Secretac of i If this centract is for the =anufs:ture or furnishing of Labor issued pursuant to section 204 of Executive Order No.
I materials, supplies, articles, or equipme:.: in an amount which 11246 of Sectember 24,1945, as amem4 by Execut:ve Order Nc excstes er tray exceed 310.000 and is otherwise ub, ice: to the 11073 of Octooer 13.1967. so that sue. prov:s: ens wid be binaiu WalshGenier Public Contnets Act as amended r41 L*.S. Code upon eacn subcontractor or vendor. *he Centractor vi!::ake such 3543), there are hereoy incerporated by reference all represen- action mth respect to any subeentract or purchase oraer as the tanons and stipulations required by said Act and regulations contrar. ng arene. may direct as a Mans of anforemg such
' issute thereunder by the Secretar* ed Labor, such representa- provisions. includirg sanctions for noncomp;iat.ee: Pwded.
tions and stipulanons be:ng subject tc all applicacie rulings and however. That in the event the Centneter oecemes mvcived in.
1 STANOARD FORM 32 (Rev h75) 4
or is threatened with, litigation with a subcontractor or vendor small business concerns; (2) other certilled-eligible concerns with as a remi6 of such direction by the contracting agency, tne Con- a drst preference; (3) certitled eligible concerns with a second tractor may request the United States to enter into such litigation preference which are also sinall business concerns; (4) other to protect the interests of the United States. certibd-*iigible concerns with a second preference: (3) per.
- 19. OmCIA!J NOT TO BENEFIT sistent or satantial labor s'trplus area concerns which are also
. No member of or delegate to Comtress, or rerident Cor.. mis- small business concerns; (6) other persistent or substant a1 labor noner, shall be admitted to any share or part of tais contract, or surplus area concerns; and (D small business concerns which are not labor surplus area concerns, to any be,sent that may arise therefm:s: but this provision shall not be construed to extend to this comract if made with a corpo. 23. Uttt,tv 'oN or MINORITY Bt!SINEss ENTERPRISES ration for its general benedt. (a) .te policy of the Government that minority business
- 20. CovmuT AcAINST CONTINCENT FEES enter tall have the maximum practicable opportunity to partis the performance of Government contrsets.
The Contractor nrrants that no person or selling agency has y been employed or retained to solicit or secure this contract upon .ractor agrees o use his best edores to carry out this 4 award of hl: ;ubcontracts to the fullest extent an agreement or understarWing for a commission, percentage, brokemge, or contingent fee, excepting bona Ade employees or consia. ;n the etMeient performance of this contract. As used in i , contract, the term " minority busicess enterprise"
' bona fide established corrnercial or selling agemles maintained by the Contractor for d.e purpose of securing business. For merns a business, at leact 50 per ent of which is owned by breach or violation of this warranty the Gosernment shall have minority group members or, in case of publicly-owned businesses, the right to annul this contract without liability -- in its discre- at least 31 percent of the stock of which is owned by minority tion to deduct from the contract price or consideMon, or other- group members. For the purposes of this deanition, minority wise recover, the full amount of such commission, percentage. group members are Negroes, Spanish-speaking American persons, brokerage, or contingFt fee. American Orientals. American-Indians, American Eskimos, and American Aleuts. Contractors may rely on written ryresenta-
- 21. UTrt.12AT!0N or S&fA!.I. BilS! NESS CONCEMS tions by subcontractors regarding their status as minority busi-(a) It is the policy of the Governmer.t as derared by the Con- ness enterprises in lieu of an independent investigation.
gress that a fair proportion of the purchasa and conttacts fo" 24. PRICING OF ant!ST3 TENTS supplies and services for the Government be placed with small business concerns, When costs are a factor in any determinatica of a contract (b) The Contractor agrees to accomplish the maximum amount pric, adjustment pursuant to the Char.ges clause or any other of subcontracting to small business anneerns that the Contracter provision of this contract., such costs shall be in accordance with the contract cost prtneiples and procedures in Part 1-15 of the finds to be consistent with the edicient performance of th- Federal Procurement Regulations (41 CFR 1-15) or Section XV contract.
of the Armed Services Procuremee Regulation, as applicable.
- 22. UT:1.IzATt0N OF LABOR St*RPt.t's AREA CONCERN 8 which are in efect on the date of this contract.
(a) It is the policy of the Government to award contracts to 25. PAntcNT or INTrRr.sr ox CONTRACTORS' Ct.ADfS labor surplus area concerns that (1) have been certified *)y the (a) If an appeal is aled by the Contractor from a final decision Steretary of Labor (hereafter referred to as certified-eliele of the Contracting Officer under the Disputes clause of this con-concerns with first or second preferencest regarding the employ- tract. denying a claim arising und?r the contract, simple interest ment of a proportionate number of disadvantaged indivicinals and on the amount of the claim anally determined oud by the Govern-have agreed to perform substantially (!) in or near sections of ment shall be payable to the Contractor. Su.h interest shall be at concentrated unemployment or underemployment or in persists
- the rate determined by the Secretary of the Treasury pursuant to or substantial labor surplus areas or (11) in other areas of the Public Law 92-0,85 Stat. 97, from the date the Contractor fur.
Wited States, respectively, or (2) are noncertified concerns nishes to the Contracting OtMeer his written appeal under the which have agreed te perform substantitily in persistent or sub- Disputes clause d this sntract, to the date of (1) a anal judg-stantial labor surplus areas, where this can be done consistent ment by a court of competent jurisdiction, or (2) mailing to the with the efficient performance of the contract and at prtces no Cont setor of a supplemental-greement for execution either con.
higher the . are Atainable elsewhere, The ContracW agrees 1 usa his best effms to place his subcontracts in accordance un drming completed negotiations between the parties or carrying out a decision of a board of contraat appeals.
this policy.
(b) Notwithstanding (a), above, (1) interest saall be applied (b) In complying with paragrapn (a) of C.is clause and with only from the date payment was due, d such date !n later than paragraph (b) of the clause of this contract entitled " Utilization the dline of appest, and (2) interest shall not be paid for any of Small Business Concerns" the Contractor !n p!aeing his sub- period of time that the Contracting OfMeer determines the Con.
contracts shall obserm 'he following order of preference: (1) tracMr has unduly delayed in pursuine his ran.ecites before a Certiard-ilgible concerns with s arse preferet e -hich are also Lard of contrset appesis or a court of competent juriadiction.
i l
l 7, . , . - rv , , , 5 l stacAAo mn 22 N 4-J5) '
FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c))
GENERAL PROVISIONS (SUPPLY CONTRACT)
(June 1976)
ADDITIONS CONSIST OF ARTICLES THROUGH .
- 26. ALTERATIONS
'i The follow 1ng alterations to the provisions of Standard Form 32, General Provisions, of. this contract were made prior to execution of the contract by the parties: ,
- 1. DEFINITIONS [
- t. . The following paragraph (d) is added to this clause:
f
"(d) The term "Coc dssion" or "NRC" means the United States Nuclear i Regulatory Commission or any duly authorized representative thereof, ;
including the Contracting Officer except for the purpase of deciding i an appeal under the Article " Disputes." l
- 27. LISTING OF EMPLOYMENT OPENINGS (FPR Temp. Reg. 39)
(' Applicable to Contracts Involving $10,000 or More)
DISABLED VETERANS AND VET!' PANS OF THE VIETNAM ERA !
. I
- a. The contractor will not discriminate against any employee or applicant fot i t
employment because he or she is a disabled veteran or *eteran of the Vietnam I era in regard to any position for which et e employee or applicant for j employment is qualified. The contractor agrees to take affirmative action j to employ, advance in employment, and otherwise treat qualified disabled ;
veterans and veterans for the Vietnam era without discrimination based upon !
their disability or veterans status in all employment practices such as the ,
following: employment upgrading, demotion or transfer, recruitment, adver- l tising, layoff or termination, rates of pay or other forms of compensation, !
and selection for training, including apprenticeship. j r
- b. The contractor agrees that all suitable employment openings of the contractor _
which exist at the time of the execution of this contract and those which j occur during the performance of this contract, including those not generated :
by this contract ad including those occurring at an establishment of the ;
contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listad at an appropriate local offict of the S tate employment service system j wherein the opening o s. The contractor further agrees to provide such i reports to such local office r q arding employment openings and hires as may I be required.
l State and local government agencies holding Federal contracts of M.0,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required t; provide those reports set forth in paragraphs (d) and (e).
l l
l.
W e
. i l
- c. Listing of empicyment openings with the employment servi:1 system pursuant to this clause shall be made at least concurrently with the uss of any other l
recruitment source or effort and shall involve the normal obligations which attach to the placing c: a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any
. particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regard-ing nondiscrimination in employment.
- d. The reports required by paragraph (b) of this clauss shall include, but not be limited to, periodic reports which shall be filed &: least quarterly with the appropriate local cffice or, where the contractor has more than one hiring location in.a State, wich the central office of that Stata saployment service.
Such reports shall indicate for each hiring location (1) the numb =ar of indiv1-duals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of dist. bled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C.1787.
The contractor shall submit a report within 30 days af ter the end of each reporting period wherein any petformance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year af ter final payment under the contract, during which time these reports and related documentation shall be made available, upon 'equest, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement.
e.
Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in che State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State sy'stem of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause-f.
This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
- g. The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an ecployer decides to consider appiteants outside of his own organization or employer-union Errangement for that opening.
l l
- h. As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; latcrers and mechanics; supervisocy i and nonsupervisory; technical; and executive, administrative, and pro- I fessional openings that are compensated on a salary basis of less than l
$25,000 per year. This term includes full-time employment, temporary I employment of more than 3 days' duration, and part-time employment. It j does not include openings which the contractor proposes to fill from l within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to scutents of that institution.
Under the most compelling circumstances an employment openlag may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to Lational security, or where the requirement of listing would otherwise not be for the best interest of the Government.
(2) " Appropriate office of the State employment service system" means the local office of the Federal / State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the Distrier of Columbia, Guam, Puerto Rico, and the Virgin Islands.
(3) " Openings which the contractor proposes to fill from within his own l organization" means employment eponings fc; which no consideration will ;
be given to persons outside the contractor's organization (including i any affiliates, subsidiaries, and the parent companies) and includes ,
any openings which the contractor proposas to fill from regularly established " recall" lists.
(4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.
- 1. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
- j. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
- k. The contractor agrees to post in conspicuous places available to employees and I applicants for employment notices in a form to be prescribed by the Director,
( provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take af firmative action to employ l
l l
l l
l and advcace in employment qualified disabled veterans and veterans of the l Vietnam era for employment, and the rights of applicants and amployees.
- 1. The contractor will notiLf each labor taion or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor ic bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to taka affirmative Action to empicy and I advance in employment qualified disabled veterans and veterans of the Vietnam l era. I
- m. The contractor will include the provisions of this clause in every subcontract l or purchase order of $10,000 or more unless exempted by rules, regulations, or l orders of the Secretary issued pursuant to the Act, ea that such provisions I will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. l
- 28. EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38) 1
- a. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment j and otherwise treat qualified handicapped individuals without discrimination i based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-cruitment, advertising, layof f or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
- b. The contractor agrees to comoly with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973 as amended
- c. In the event of the Contractor's nonc ompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.
- d. The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form te be prescribed by the Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shall s cate the contractor's obligation under the law to cake affirmative action to employ and advance in employment quali.ied handicapped employees and appli-cants for employment, and the rights of applicants and employees.
- e. The Contractor will notify each labor union or representative of 5 orkers with which it has a collective bargaining agreement or other contract under-standing that the contractor is bound oy the terms of section 503 of the Act, and is committed to take affirmative action to employ and advance in employment physically and sentally handicapped indi~1 duals.
_9-
- f. The Contractor will include the provisions of this clause in every sub- l contract or purchase order of $2,500 or more unless exempted by rules, reg-ulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each sebcontractor or vendor. The Contractor will take such action 91th respect > cany subcon-tract or purchase order as the Direccor of the Office of Federal Contract
. Compliance Programs may direct to enforce suca provisions, including action for noncompliance.
- 29. CLEAR AIR AND WATER (1-1.2302)
(Applicable only if the contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been,the subject of a conviction under the Clear Air Act (42 U.S.C.1957c-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)
- a. The Contractor agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub.
L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L.95-500), respec-tively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract.
(2) That no portion of the work required by this prime contract will be performed in a f acility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.
(3) To use his be t efforts to comply with clean air standards and clean water standards at the facility in whien the contract is being performed.
(4) To insert the substance of the provisions of this clause into any nonexercyc subcontrac,c, including this paragraph (a)(4) .
l l b. The termo used in this clause have the following meanings:
(1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.
1857 et. seq., as amended by Pub. L.91-604).
(2) The term " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seo., as amended by Pub. L.92-500). ;
1 (3)= The tera " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are ccncained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, av applicable ;
implementation plan as cescribed in section 110(d) of the , Clean Air Act - '
(42 U.S.C.1857c-5(d)),' an approved implementation pracadure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42.U.S.C. 1857(c) or (d)), or an approved ir lementation e procedure under section 112(d) of the Air Act (42 U.S.C. 1057c-7(d)). 1 (4) . .The' term " clean water standards" means any enforceable. limitation, control, condition, prohibition, standard, or other requirement which 1s pro-mulgated pursur.ut to the Water Act or contained in a permit issued to a
-discharger by the Environmental Protection Agency or by a State. under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local govenxsent to ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.
1317).-
(5) . The term " compliance" means compliance with cl ean air or water standards.
Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competect jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor- I dance with the requirements of the Air Act or Water Act rud regulations issued pursuant thereto. , ,
I I
(6) The term "f acility" means any building, planc, installation, structure, mine, vessel or other floating craft, location, or site of operations owned, leased, or supervised by a contractor or subcontractor, to be utilized in the performance of a contract or subcontract. Where a location or alte of operations contains or includes more than one building, plant, installation, or structure, the entire location or j site shall be deemed to be a facility except where the Director, Office I of Federal Activities, Environmental Protection Agency, determines that independent f acilities are collocated in one geographical area. l
- 30. FEDERAL, STATE, AND LOCAL TAXES (1-11.401-1(c))
(a)- Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property covered by this contract, if a statute court decision, written ruling, or regulation takes effect af ter the contract date, and--
- 1. Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof 1 which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate inecease: Provided, that the Centractor if "equested
by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rato increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burdar of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the a=ount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty. -
- c. No adjustment pursuant to paragraph (b) above will be made under this contract unless the aggregate amount thareof is or may reasonably be expected to be over $100.
- d. As used in paragraph (b) above, the ters " contract iate" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification te this contract, the term " contract data" means the date of such modification.
- e. Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Concractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded from the contract price. In addi:1on, the Contracting Officer may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract price. Except as other;ise provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the Contracting Officer.
- f. Iae Contractor shall promptly notify the Contracting 0#ficer of matters which will result in either an increase or decrease in the contract price, and shall .
take action with respect thereto as directed by the Contracting Officcr.
- 31. TERMINATION FCR CONVENIENCE OF THE GOVERNMENT (1-8.701)
- a. The performance of work under this centract may be terminated by the Government l
in accordance with this clause in whole, or from time to time in part, whenever
! the Contracting Officer shall determine that such termination is :n the best ,
interest of the Government. Any such termination shall be effected by delivery I to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upe" which '
such tarmination becomes effective. ;
t r
.- - 1 1
- b. Af ter receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:
-(1) Stop work under the contract on the date and. co the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials,' services, or facilities,'except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Terminatiou; (4) Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) Sectie all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to_the extent he may require, which approval (
or ratification shall be final for all the purposes of this clause; (6) Transfer citia to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, I and other material produced as a part of, or acquired in connection with '
. the performance of, the work terminated by the Notice of _ Termination, and (11) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have
- been required to be furnished to the Government; (7) Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Of ficer, any property of the types referred to in (6) above
- Provided, hauever, That the Contractor (1) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contract 1ng l Officer: And providad further, That the proceeds of any such transfer or disposition shall be applied in reducticn of any paymenr 4 to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct; (3) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and
~. . .
(9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest.
At any time ef ter expiration of the plant clearance period, as defined in
, Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Officer, and may request the Government to remove such it*ms or enter into a storage agreement covering them.
Not later tht.n fif tsen (15) days thereaf ter the Government will accept title to suen items and remove them or enter into a storage agreement covering the same: Providad, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of sub-mission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final secclement.
- c. Af ter receipt of a Notice of Termination, the Contractor shall submir. to the Contracting Officer his termination claim, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
- d. Subj ect to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer =ay agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, ,
which amount or amounts may include a reasonable allowance for profit on work done: Provided, That such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor .
shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of ,'
the Contractor and the Contracting Officer to agree upon the whole amount to '
c.:
1 be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor putsuant to this paragraph (d). ;
- e. In the event of the failure of the Contractor and the Contracting Officer to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contttcting Officer shall, subject tu any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the bssis of information available to him the amount. if any due to the Contractor by reason of the termination and c oull pay to the Contractor r-
. the snounts determined as follows:
(1) For completed supplies accepted by the Government (or sc .d or acquired as provided in paragraph (b) (7) above) and not theretofore id for, a sum equivalent to the aggregate price for such supplies computed in accordance with the price or prices'specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of--
(1) The costs incurred in the performance of the work terminated, including initial costs and pr,eparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (11) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)
(5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies et materials delivered or services furnished by subcontractors or vendors irior to the effective date of the Notice of Termination, which amoun.1 shall be included in the costs payable under (i) above); and
{
(iii) A sum, as profit on (1), above, deter = ired by the contracting officer pursuant to i 1-8.303 of the Federal procurement Regulations (41 CFR l-8.303), in effect as of the date of execution of this contract, to l be fair and reasonable: ?revided, heuever, That if it appears that the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or al'. owed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement :o reflect the indicated rate of loss; and (3) - The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of ius 1 I
. l l
l contract and for the termination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.
The total sum to be paid to the Contractor under (1) and (2) of this paragraph (e) ahall not exceed the total contract prics as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not termina*ed. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assume.
the risk of loss, there shall be excluded from the amounts payabic to the Contractor as provided in (e) (1) and (2) (i) above, the fair value, as determined by the Contracting _ Officer, of property which is destroyed, lost, stolen, or damaged to as to become undeliverable to the Government, or to a buyer pursuant to paragraph (b) (7).
- f. Costs claimed, agreed to, or determined pursuant to paragraphs (c), (d) , and (e) of this clause shall be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR l-15) in effect on the date of this contract.
3 The Contractor shall have the right to appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Government shall pay to the Contractor the following: (1) if ther.e is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer; or (2) if an appeal has been taken, the amount finally determined on such appeal.
- h. In arriving at the amount due the Centractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Government may have against the Contractor in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any =aterials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Government. .
t
- 1. If the termination hereunder be partial, prior to the settlement of the termi-nated portion of this contract, the Contractor may file with the Contrac ting ;
Officer a request in writing for an equitabic adjustment of the price or !
prices specified in the contract relating to the continued portion of the [
contract (the por: ion not term 1nated by the Notice of Termination) and such 6 equitable adjustment as may be agreed upon shall be tede in such price or l prices. . !
l 1
16 -
l
1
- j. The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together with interest computed at the race of 6 percent per annum for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Government: Provided, houever, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention er ocher disposition of termination inventory until ten days af ter the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
- k. Unless otherwise provided for in this contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of enree years af ter final settlement under this contract, shall preserve and make available to the Covernment at all reasonable times at the office of the Contractor but without direct charge to the Government, all his books, records, docu=ents, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof.
- 22. MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b))
- a. The Contractor agrees to establish and conduct a program which will enable !
minority busines t enterprises (as defined in the clause entitled " Utilization I of Minority Business Enterprises") to be considered fairly as subcontractors and supplicts under this contract. In this connectica, the Contractor shall--
(1) Designate a liaison offict.: whn will adminzstar the Contractor's minority business enterprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions.
(3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontratts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifica-tiens, and delivery schedules so as to facilitate the participation of minority business enterprises.
(4) Maintain records showing (1) procedures which hav2 been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.
i
.(5) Include the Utilization of Minority Business Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities.
(o) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct.
(7) Submit periodic reports of subcontracting to known minority business enterprises with restact to the records referred to in subparagraph (4),
above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
- b. The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
- 33. PREFERENCE FOR U.S. FLAG AIR CARRIERS (1-1.323-2)
- a. Pub. L.93-623 requires that all Federal agencies and Government contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.
L. The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available,
- c. In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he will include a certifica-l tion on vouchers involving such transportation which is essentially as follows:
CERTI'FICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons:1 (state reasons) 34 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (1-7.203-3)
- a. 'Jhenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this
' See Federal Procurement Regulations (41 CFR l-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.
t S-'
c, s - .
contract, the Contractor ahall tamediately give notice thereof, including. {
all relevant information with respect thereto, to the Contracting Officer. l
'b .
The Contractor agrees to insert the substance of this clause, including this paragraph (5), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that. in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall immediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of'all relevant information 5dth respect ;
to such disputes. )
1
- 35. P ERMITS ' (9-7.5006-48) 'l Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, ,
regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performed.
- 36. RUEGOTIATION (9-7.5004-20)
If this contract is subj ect to the Renegotiation Act of 1951, as amended, the following provisions shall apply:
- a. This contract is subject to the Renegotiation Act of 1951 (50 U.S.C.,
App. 1211, et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereafter enacted. Subject to the foregoing, this contract shall be deemed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendment specifically incorporating such provisions.
- b. The contractor agrees to insert the provisions of this clause, including this parccraph (b), in all subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as amended.
- 37. PATUT INDEMNITY (9-9.5009(c))
The Contractor agrees to indemnify the Governcent, its officers, agents, servants, and employees against liability of any kind (including costs and expenses !
incurred) for the use of any inventic: or discovery and for the infringement of I any Letters Patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by reasva of the use of disposal by or for the account of the Government of items manuf actured or supplied under this Contract.
l
'l
!' + -
- 38. REPORTING OF ROYALTIIS (9-9.5011)
If this contract is in an amount which exceedo $10,000 and if any royalty payments are directly involved in the contract or are reflected in the contract
' price to the Government, the Contractor agrees to report La writing to the .
Commission (Patent Counsel, Office of the Executive Legal Director) during
~ the performance of cnis contract and priot to its completion or final settlement the amount of any royalties or other payments paid or to be pcid by it directly to othere in connection with the performance of this contract together with the names and addresses of 11 censors to whom such payments are
-made and either the patent numbers involved or such other information as will permit identification of the patents or other basis on which the royalties are to be paid. The app oval of the Commission of any individual payments or royalties shall not escop the Government at any time from contesting the enforceability, validity or. scope of, or title, to, any patent under which a royalty or payments are made.
- 39. NOTICE REGARDING LATE DELIVERY (1-7.204-4)
In che' event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the centract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writics, giving pertinent details, lacluding the date by which it expects to complete performance or make delivery: Providsd, however, That this data shall be informational only in character and that receipt thereof shall'not be construed as a waiver by the Government of any contract delivery schedule or date, or any rights or resedies provided by law or under this contract.
1 k
5 i
o l
l t
9
, __ e _ . . . .
.1 .
- 40. 1STOP WORK ORDER (a) The Contracting Officer may, at any time, by written order to the Contractor, require the' Contractor to stop all, or any part, of the work. called for by this contract for a period of ninety.(90) days' after the order is delivered to the Concractor, and for any further period at which the parties may agree. Any such order shall be specifically identifief as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the perici of work stoppage. Within a period of n!nety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either: *
(i) cancel the str.*o work order, or (ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convanience" clause of this contract.
(b) If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the Contractor shall resume work. An equitable adjuttment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if:
(i) the stop work order results in an increase in the time. '
required for. or in the Centractor's cost proptrly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within '
thirty.(30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts. justify such action, he may receive and act upon any such claim asserted at any timt prior to final payment under this contract.
(c) If a stop work order is not canceled and the work covered by suen order is termin6ted for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement.
(d) If a stop work order is nct canceled :nd 11e work covered by such order is terminated for default, the enssonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.
21 l
- 41. PUBLICATION AND PUBLICITY Unless otherwise specified in this ,ontract, the Contractor is encouraged to publish and make available through. accepted channels the results of its work under this contract. The Contractor shall submit a copy of ceach article'or other information to the Project Officer prior to publication s or.disstmination for public use. If the article or other information Lis subsequently modified or altered in any manner, the Contractor shall promptly notify the Project O'ficer and furnish him/her a copy of the article or other information as 'inally submitted for publication' or
. dissemination.
The Contractor shall acknowledge the support of the U. S. Nuclear
' Regulatory Commission whenever publicizing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting from work performed under this contract an acknowledgement substantially as follows:
"The work upon which this publication is based was performed pursuant to Contract (insert number) w;th the (insert name of constituent agency), U. S. Nuclear Regulatory Commission."
Either Clause No. 42., entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not both. In the ausence of a clear delineation, Clause No. 41 applies.
- 42. DISSEMINATION OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumotion, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, s without the prior written consent of the Contracting Officer. (Twocopies of any material proposed to be pu5lished or distribered shall be submitted to the Contracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract. i l
t l
i L 22 i 1
I l
( - ,; 1
, 1 j
- 43. WORK FOR OTHERS
.Notwithstanding any other provision of. this contract, during the '
term of this contract, the contractor ' agrees .to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which'may give rise to an actual or apparent conflict
, of interest with respect to the work being performed under this contract.
The contractor shall ~ insure that all employees designated as key personnel if'any, under this contract abide by the provisions'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 possible conflict of' interest, the contractor shall obtain the. written approval of the
- Contracting Officer prfor to execution of such contractual arrangement.
O I
23
'l
+
ATTACHMErlT fl0, 4 l
l l
l 1
SYSTEMS LIFE EVA* UATION COSTING FOR ADPE GEMERAL. A good comparative cost analysis is essential to One ADP procurement process. To use this technique properly, it is necessary to bring together all costs over the stated :
systems life. In addition, the fo11cwing points must be censidered: systems life, present value discount mathedralogy, residual value, and the varipus procurement methods available.
- 1. SYSSMS LIFE. FPMR 101-35. 2 requires that the systems U. ems) life he established by the Govert. ment based upcn its requirements and stipulated in the Solicitatien Document.- The " systems or items life" means a forecast or pro 2ection of the pericd of ti=e which begins with the insta11atien of the systems or items and ends when the need for such systems or items has ter..'.inated. Svstems or items life is not synonymous with actual. life of the equip-nent.
- 2. PRESEN"' VALUE O!SCOCC METHODCLCGY . The present value d:.scoun: mannecclegy as seu ::cr:n herein formali:es a single discount rate of approximately 10% for all Federal agencies. The single rate specified is approximately the long-run opportunity cost of capital.in the private sector. Under this concept, the payments made over tine will be adjusted to reflect the present value of those payments as of the date of contract award. Thus, "all expensss ," while waiting for equipment delivery or af ter installation for the stated life of the system,
=ust be adjusted to reflect present value. "All expenses" include not only the offer =r's prices (equipment, software, and support) over the systa=s life but also predetermined in-house expenses for ADPI installation and operation.
The f=11 wing for=ula is to be used La calculating present value coct:
Expected Dis count Present Men:hly X Factor = Value Cos: for 10% Cost the end-of-month disecunt fac:=rs fer 10% are as f=11cus:
i l
1 1
nan i
1
. ~.
~
SYSTEMS LIFE EVAI.UAT10tl COSTIIIG FOR ADPE - (CONT'D) f i
F10tlTil FACTOlt mot 1Til FACTOlt MONTil FACTOR HOtITil FACTOR .
91 i 1 .992 089 31 .781 752 61 .616 009 .485 406 2 .984 240 32 .775 567 62 .611 136 92 .481 566 ,
3 .976 454 33 .769 432 63 .606 301 93 .477 757 ,
4 .968 729 34 .763 345 64 .601 505 - 94 .473 977 5 .961 066 35 .757 306 65 .596 746 95 - .470 227 i 6 .953 463 36 .751 315 66 .592 025 96 .466 597 +
7 .945 920 37
- 745 371 67 .587 342 97- .462 817 8 .938 436 38 .M9 474 - 68 .582 695 98' .459 155 9 .931 012 39 .733 624 69 .578 085 99 .455 523 '
10 .923 647 40 .727 821 70 .573 512 100 .451.919 11 .916 340 41 .722 063 71 .568 975 101 .448 344 12 .909 091 42 716 351 72 . 564 474 102 .444 797 13 .901 899 43 .710 683 73 .560 00b 103 441 278 14 .894 764 44 .705 061 74 .555 578 104 437 787 15 .887 686 45 .699 483 75 .551 IS3 105 .434 324 16 .880 663 46 693 950 76 .546-822 106 .430 888 m 17 .873 696 47 .688 460 77 .542 196 107 .427 479 18 .866 784 48 683 013 78 .538 205 108 .424 098 >
19 .859 927 49 ,.677 610 79 .533 947 109 .420 742 20 .853 124 59 .672 249 80 .529 723 110 .417 414 i i
21 .846 375 51 .660 931 - 81 .525 532 111 .414 112
- 22 .839 679 52 .661 655- 82 .521 375 ))2 410 836 23 .833 036 53 .656 421 83 .517 250 113 .407 586 -
24 .826 416 54 .651 228 84 .513 158 114 .404 361 '
25 .819 908 55 .646 076 85 .509 098 115 .4ai 162 ?
26 .813 422 56 640 965 86 .505 071 116 .397 9fs9 27 .806 987 57 .635 894 87 - .501 075 117 .394 840 .
28 .!!00 603 58 .630 863 88 .497 111 118 .391 786 .
, 29 .794 269 59 625 873 89 .493 179 119 .3118 617 30 .787 986 60 .620 921 90 .489 277 .120 .385 543 e
f I
e
't -pe itwp1'---eg4g-e tTr ww w -w* M- pw gr - *w v
- h " ty 1'-u *a -n W e"" Ne~e"-W' " D w etFM'Mtm**wM-Y* w9M9- ==e--r--vew-f-> 9reaeMe+9-:+mm-w--w e +1r -w wee wa-t ras s e- RWA- t-m _t w --ve -
r-y- "
eP-' - - - - - - - - - - - - - - - -
e( < a-
-4 ,
F 1
6 i
SYSTEM.S LIFE EVALUATION COSTING FOR ADPE (CONT'D) 3.' RESIDUAL VALUE. Usually, at the end of the stated j syscams li. e, the computer system still has some value i j
tc the Government. This.value may reflect the. fact that, the 1:1tial using activity may well keep the l system icnger than planned or.some other Government :
activity may reutilice the hardware. The future lease .
payments saved, as well as the resale value of the l equipment at the and of the stated ' systems life, affect. 3 residual value. The residual value varies with each )
activity. Eowever, fc general purpose equipment it is.
expected that af ter a five-year systems life the equip- !
ment should still'he wo th app;cximately 20-30% of the' purchase . price and af ter eight years, ab out 10 % . The j fellowing fc==ula can be used to dete==ine residual value: :
. i Purchase Price
- X % X Present Value discount = Residual :
factor fe: last month Value !
cf systems life In the above fc==ula " purchase price" is the icwast evaluated purchase price offered by any responsible and responcive efferer. l i
- Including the operating s.cftware, if priced separately l (i.e. , unbundled) f:cm the equipment purchase price, and j a perpetual license has beda. obtained by the Govern =ent. !
Instead of the straight purchase price, the sum of all invoice payments to be made to the Centracto: may be used ;
as the basis for this calcula.icn. i Any procurement option (e.g., Purchase, Lease-to-Cwner- ,
ship, etc.) that results in the Government owning the ;
systet(s) will have the residual value deducted f c~ !
the systems life cost for evaluatien purposes. :
- 4. PRCCTRDENT !E"'HCDS Systems life costing should be ;
calcuAarec 10: eacn p;ccurement method offered. Exa=ples j cf the plans currently being of fered are: :
- a. PURCHASE. Outright purchase af ter installation and i acceptance of equipment. j 3 .
i s
i i
~. ~ -..
f'A ,. YW g
---n--,.e--
W D
> s .
4'*T )
i i
l I
i l
~SYSSiS LIFE EVALUATICN COSTIMG FOR ADPF (CONT ' C ) !
- b. LIASE
'(1)- LEASE WITE PURCHASE OPTION - Lease with option to ')
pn==hase at predetermined intervals of time. The l eurchase erica is usually reduced by subtracting Irental c edits as set f :th in the offeror's p =posal. l Pc chase opticn t= edits greater than 100% of monthly 1 chargos shall not be considered in evaluating offers for award. .!
(2) LCNG-TERM LIASE - Such plans may provide multi- 'j year leasing at determinable prices unere tre agency i exercises a renewal option at the end of each fiscal !
year. j i
(3) LEASE-!O-CWNERSHI? PI.AN OR'LIASE !"ITH TITLE l TRAMS?IR FLAM - A plan wherehy title transfers ar:e: i payment of n months of rental, but us.: ally with no j
' obligation , or less obligation, to continue to lease ;
than in (4) below. Normally, title transfer does not i occur in less than six years. l i
(4) IMSTALLMENT PURCHASE PLAN .A plan whereby the {
Government exercises an option te purchase the equip- a ment upon payment of n months of payments. It is l frequently of f ered as a fixed term installment plan _
usually fer 36 or 60 months in which the Govern =ent. !
either is granted title immediately, or title is passed i
'at the end of the contract. Normally, an installment' !
pc hase plan cannot be consummated using annual app =- !
priations. !
i Care should be taken during negotiations to ensure that the Govern- i ment retains accrued credits and/or equity under any of the plans in 4 . b . above , should the agency requirement cease or funds no longer be available. It is desirable to negotiate for the transfe: ;
cf ac ued credits to GSA shc21d this case arise, so that GSA l can find another user and retain the equity zr.d any purchase option j
_ : edits. At least a 90 day ::ansfer plan shculd be available. 1 The nego:ia:Or also has to be careful that equipment discentinuance ;
is not hampered by restricti ns en when the equipment can be i d::pped frem Le plan, or restrictions on'the adding of new equip- I men . Ideally, the esntract should centain no penaltics fer' i cancellation at the end of each fiscal year. It is imperative, !
however, that statutory " anti-deficiency" restrains be considered betere entering into anv. multi vea lease or installment plan CCnt: acts. ly
?
P I
f a
S b
g r
s
,. -+ y -, ,_.e.,--4.,,4.-.-- -