ML20148D980
| ML20148D980 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 09/26/1980 |
| From: | Berman L, Mattia M COLE & CO., NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20148D977 | List: |
| References | |
| CON-NRC-10-80-719 NUDOCS 8010140197 | |
| Download: ML20148D980 (63) | |
Text
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CONTAINED IN THE CONTRACT ARTICLE IPAGEI lARTICLE iPAGE ! l lPiRi I - GENERAL INSTRUCTIONSt l X IVlil i Deliveries or Performance i is "I X t i l Cover STieet 1 x llx i Insoection and Acceotatme i ' 5 J tContract Form and Representa- X lX Soecial Provisions i ' S X II tions, Certifications, and XI Cent.ract Acministration Other Statements of Offeror 2 X Data 17 Instructions, Conditions, and III Notices to Offerors IV I Evaluation and Award Factors , X iXII General Provisions W t iPART II - THE SCHEDULE PART 111 - LIST OF X V ISucolies/ Services and Prices 10 00CUtiENTS AND ATTACH-X VI I Descriotions/Soec1fications 14 MENTS Pr m evation/ Packaging List of Documents and X E P a r .s .i.r.q 14 X XIf! Attachments 18 2i torat AucuTor cosn4cr s17,209.50 cost RACrt.sc ot tict:R xl ILL CO.Sf Yl.CTE ULOCK 22 OR .% AS A YPt.ICAnt.E 3 21 QD coure eten 5 moonar,o acns-a s tc,anau n uv..ns o, us. n Q awano ic,.nus,r n . < nr.na o, u<< shn sa. n.u. s r... .n.-
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Lor Pagt*aht NO . NKL- ' M - MU-/ l V ARTICIS II Contract Form andRior2:2ntations and Cartifications , and Othtr Statemencs of Offeror The Contractor represents and certifies that: (Check or complete all applicable boxes 'or blocks.) ,
- 1. SMALL BUSniESS He((is,[]isnot, a scali business contart. If offeror is a small business concern and-is not the manufacturer of the supplies offered, he also represents that all supplies to be furnished hereunder [ ] will, [ ] will not, be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. SMALL BUSINESS CONCERN: A small business concern for the purpose of Goveenment proturement is a concern, Lv cluding its af filiates, which is ".edepender.cly oww d and operged, is not dominant in the field of operation in which it is submitting offers on Govern-ment contracts,.and can furcher qualify under the criteria concerning number of employee a, average annual receipts, or other criteria, as prescribed by the Small Business Administration. (See Code of Federal RegulaLions, fitle 13, Part 121, as amended, which contains detailed industry definitions and related procedures.)
- 2. REGULAR DEALER - MANUFACTURER He is a ( egular dealer '.n, [ ] manufacturer sf, the,supelies offered.
- 3. TYPE OF BUSniESS ORGANIZATION
[ ] a nonprofit Heoperates[as[]anindivi9al()apartnership, organi::ation, [ a corporation, incorporated under the laws of the State of Pe w u m . l o d v i A- . 1 ( .
- 4. CONTINGENT IIE i
(c) He [ ] hah, [I has not, employed or retained any company or person (other than a full-time 3 bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) he [ ] has, [ } has not, .nid or agreed to p y any company or person (other than a full-ti=e bona fide employee working solely for the offernr) any fee, cot =rission, percentage, or brokerage fee contingent upon or resulting fror the award of this centract, and agrees to furnish information relating to (a) and (b) above, as requested by the , Contracting Officer. (For interpretation of the representation, '.ucludb g the ! term " bona fide employee," see Code of Federal Regulations, Titit 41, Subpart 1-1.5.) .
- 5. EQUAL OPPORTUNITY He ( as, [ ] has not, partic:. pated in 7 previous contract or subcontract rd ject either to the Equal Opportunity clause herein or the cle.ase original!y contained in section 301 of Executive Order No. 10925, or *he clause centsinad in section 201 of Executive Order No. 11114; that he ( s, [ ] has not, filed all required compliance reports; and that representations indicating submission of required compliance reports sig'ed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need g
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Page 3 ARTICLE II Contract Form and Representations and Certifications, and Other Statements of Offeror (Continued) not be submitted in connection with contracts or subcontracts which are exempt f ror th'e clau.< c.)
- 6. CERTIFICATION OF INDEFENDENT PRICE DETERMINATION (a) By submission of this offer, the offeror certifies, and in the case of a joint offer, ea h part; thereto certifies as to its own organi:ation, that in connection with this procurement:
(1) The prices in this offer have been arrived at independently, without consultation, consunication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other off eror or wi'th any competitor; (2) U-less otherwise required by law, the prices which have been quoted in L.is offer have not been knowingly disclosed by the offeror and will not knowing.ly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or tr. any competa tor; and (3) No attempt has been made or will be made b, an offerer to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. (b) Each perscn signing this offer certifies that: hl) He is the' person in the offeror's organization responsible with-in that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or (?) (1) He is not the person in the off eror's organi:stion responsible within that organization for the decision as to the prices bains offered herein, but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participaqed, and will not participate, in any action contrary to (a)(1) through (a)(3) above, and es their agent does hereby so certify; and (ii) he has'not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above. 7 .- BUY AMERICAN CERTIFICATE i The of feror hereby certifies that each er,d product, except the end pro-iucts listed below, is a do=estic sour:e end product (as defineo in the 11ause eatitled " Buy A-erican Act"); and that components of unknown origin have been considered to have been mined, produced, or ma. m .f actured outside the United States.
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1 Contract No . NRC-10-80-719 Paga 4 i I ARTICLE II Contract Form and Representations and Certifications, and Other Statements of offeror (Continued)
,Eycluded End Products Countrv of Origin
- 8. CERTIFICATION OF NONSEGREGATED FACILITIES .
(Applicable to (1) contracts, (2) subcontracts, and (3) cgree=ents with applicants who are themselves performing federally assisted construction con-tracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) ;
.By the submission of this bid, the bidder, offeror, applicant, or sub-contractor certifies that he does not =aintain or provide for his ecployees any segregated facilities at any of his establish =ents, and that he does not permit his employees to perform their services at any location, under his control, where segregated f acilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities .
at any of his establishments, and that he will not per=it his employees to per-form their services at any location, under his control, where segregated facilities are caintained. The bidder, of f eror, applicant, or subcontractor agrees that a breauh of this certification is a violation of the Equal Oppor-tunity clause in this contract. As used in this certification the term
" segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing f acilities provided for emplevees.which are segregated by explicit dit :ctive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, 1, cal custom or otherwise. He further agr2es that (except where he has obtained identical certifications from proposed subcontractors for speciffc time periods) he will obtain identical certifications from proposed subcontractors prf,or to :
the award of subcontracts exceeding $10,000 which are not exempt from the ! provisions of the Equal Opportu-ity clause; that he will retain such certifi-catica in his files; and that he vill forward the following notice to such pro-posed subcontractors (except where the proposed subcontractors have submitted iden91 cal certifications for specific time periods): ; Notice te crosoecth'e subcontractors of recuirement for certifications of nonseeretated facilities. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exe=pt from the provisions of the Equal Opportunity clause. The certificati n may be sub-aitted either for each subcontract or for all subcontracts during a period (i.e. . . quarterly, semiannual'" or antaally) . NOTE: The cenaltv for making , false statements in offers is orescribed in 18 U.S.C. 1001. i I C
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- 9. AFFIFO!AT1VE ACTION RF?RESENTATION The bidder or proposer has [ , has not [ ], developed an affirmative action comp 1tance program for each of its establish =ents. (See 41 CFR 60-1.40 and 60-2).
If such a program has'not been developed the bidder will ce=picte the fo11ov1ng: The bidder d as [ , does not [ ], e= ploy more than 30 employees and has [ ], has not [ , been awarded a contract subject to Executive Order 11246 in the amount of $50,000 or more since July 1, 1968. If such a contract. has been awarded since July 1, 1968, give the date of such contract, but do not list contracts awarded within the la' s t 120 days prior to the date of this representation.
- 10. LISTING OF EMPLOW: INT-OPENINGS Offerors should note tha. if the resultant contract from this RFP is for
$10,000 or more the successful projoser will be required to co= ply with the require-ments of the contract clause set forth in section 1-12.1102-2 of the Federal Procurement Regulations concerning the listing of e=ployment openings.
- 11. MINORITY SL*SISESS ENTERPRISE He ( ) is, [Af is not, a minority business enterprise. A cinority business enter-prise is defined as a " business, at least 50 percent of which is owned by minority
- group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is wned by minority group ce:bers." For the purposa. of this definition, =inerity group members are Negroes, Spanish-speaking American pe:sens, American-Orientals. American-Indians, A=erican-Eskizos, and American Aleuts.
- 12. CLIld! AIR AND k'ATER CERTIFICATION (1-1.2302-1)
The bidder or offeror certifies as follows: (a) Any fahility to be utilized in the perfernance of this proposed centract has [ ), has not [ ], been listed on the Environ = ental Protection Agency List of Violating Facilities. (b) He will promptly notify the contracting officer, prior to award, of the receipt of any censunication frem the Director, Office of 'ederal r activities,.jnvironmen al Prot ction Agency, indicating that any faci-lity w'-ich he proposes to use for the performante of the contract is under consideration to be listed on the E?A List of Violating Facili-ties. (ci He will ine *ude substantially this certi'icatien, including this paragraph (c), in every nonexer.ipt subcontract. l (Applicable if bid or offer or award exceeds $100,000 or indefinate quantity enntract is expected to excced same, or facility to be used is 113ed by Environmental Protection .wency as convicted violator.) l
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- Contract No . NRC-10-80-719
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ARTICLE II Contract Form and hapresentations and Certifications, and Other Statements of Of feror (Continued) 1 1
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- 13. '.40MA:!-C'.itlED BUSitiESS (FPR l-1.340)
Concern is ( ) is not ( V ) a woman-owned b'usiness. The business , is publicly owned, a joint stock association, or a business trust I ( ) yes ( ) no. .The business is ( ) certified ( ) not certified. A woman-cwned business is a business which is, at least, 51 percent owned, con: rolled, and operated by a woman or women. Controlled is defined 2s exercising the. power to make policy decisions. Operated is defined as ac'.ively involved in the day-ts-day management-For the purposes of this definicion, businesses which are publicly owned, joint stock assoriations, and business trusts are exempted. Exemoted businesses may voluntarily represent that they are, or are not, woman-cwned if this informaticn is available.
- 14. PIEC' C,F FOREIG:! CCM (PPR l-6.106)
The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being proccred expressed as a percent of the contract award price (accuracy with:.a plus or minus 5 percent is accaptable). _1 . a XIAL
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i s .L ' h' Contract No. NRC-10-80-719 Page 7 i . ARTICLE II Contract Fom and Representations and Certifications, and Other Statements of 'Of feror (Continued) I5. CONTRACTOR ORGANIZATIONAL CONFt.ICTS OF INTEREST I represent to the best of my knowledge and belief that: The award to 00 b of a contract or the modification of an e.+isu ng contrcc: does ( ) or does not (dinvoive - -- situations or relationships of the type set fotth in 41 CFR paragraph 20-1.5403(b)(1). If the representation as completed indicates that situati ns or relationships of the type set fceth in 41 CFR 20-1.5403(b)(1) are , involved or the C.cntracting Officer otherwise detersines that potential organizational ccnflicts exist, the offeror shall provide a statement in writing which. describes in a concise manner all relevant facts bearino on his representation to the Contracting Officer. If the Contracting Officer determines that organi:ational conflicts exist, the following actions may be taken: (i) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or . (iii) determine that it is otherwise in the best interest of the , Unit'ed States to seek award of the contract under the waiver provisiens of s 20-1.5411. The refusal.to provide the representation required by 5 20-1.54C4(b) > or upon recuest of the Contracting Officer the facts required by s 20-1.5cCa(c), shall result in disqualificition of the offeror for award. The nondisclosure or misrepresentation of any relevant interes- , may also result in' the discualification of the off er:- for awards; or I if such nondisclosu're or misrepresentation is discovered af er award, the resultir.g con ract may be terminated. The affaror may also be cisamls fied from subsequent related MRC contracts and be suoject to
?uch ciner remedial actions provided by law or the resulting contract.
The offeror nay, because of actual or potential ceganizational conflicts of interest, propose to exclude specific kinds of work from the state-ments of work contained in a RFP unless the RFP specifically prohibits , such exclusion. Any such proposed exclusion by an offerce will be ' - considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detri::.ent of the competitive posture of the other of ferors, the proposal must be rejected as unacceptable. t The of feror s failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permit.ted to correct the omission. Anv contract resulting frca a solicitation requirement shall incluce general cliuses (41 CFR 20-1.5404-1) prohibiting contractors from engaghng in relationships whicn may give rise to an ac:ual or spparent conflict of interest HRC Contractor Orgtni:ational Conflicts of Ir.terest (41 C??. P:rt 20) is includad as Attachment 1. , f
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e t i i Contrac.t No . NRC-10-80-719 Page 8 t ARTZCLE II . Contract Form and Representations and Certifications, and Other 5tatements of Offeror (Continued) , 16.. Nondiscrimination 3ecause of Ace (FPR l_-12.1001) It is the policy of the Executive Branch of the Government that (a) Contractors and Subcontri-tors engaged in the performance of Federal contracts shall not, in connection with the employ-ment, acvancement, or discharge of employees or in connecti-n with the terms, conditions, or privileges of their emoloyment, discriminate against' persons because of their age except upon the basis of a bona fide occuartional qualification, retirement plan, or. statutory requirement, and (b) that Contractors and Subcontractor;, 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
' employment unless the specified maximum age limit is based upon a tona fide occupational qualification, retirement plan, or statutory requirement. .
- 17. NON-DISCRIMINATION 3ECAUSE OF AGE CERTIFICATION (1-12.10011 The'bidcer n'ereby certifies as follows:
( ) (a) In tne performance of Federal Contracts, he and his succontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except u?on the basis of a bona fide occupational' retirement plan, or statutory requirement, and ( ) (b) That can'.ractors and subcontractors, or persons acting on their b2 half, shall not specify, in i solicitatiens or advertisements for employees to l work on Government contracts a cc ximum age limit I for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or ;tatutory recuirement. D PPh h '9 g r ow w S $ . _, 1 l ___
Contract No. NRC-10-80-719
' Page 9 ARTICLE II - Co'ntract Form and Representations and Certifications, and Other S.tatements of Offeror (Continued)
- 18. UTILI?ATION OF NINORITY BUSINESS ENTERPRISES (1-1.1310-21
- a. The Utilization of Minority Business Interprises clause shall be included in all contracts in amotmts whicn may exceed
$10,000 except (1) centracts which, including all subcontracts thereof, are to be performed entirely outside the United States, its possessions, anc Puerto Rico, and (2) contracts for services which are personal in nature.
- 1. It is the policy of the Government that mincrity business enterprises shall have the maximum practicaule opportunity to participate in the performance of Governaent Contracts.
- 2. The Contractor agrees to use his best effort to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this c;ntract. As used ir this contract, the term " minority business enterprise" means a business, at least 50 percent of wnich is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of tnis definition, minority group members are; Negroes, '
Spanish-speaking American persons,'American-Orientals, American-Indians, American-Eskimos and American Aleuts. Contractors may rely on written representations by subcon-tractors regarcing their status as minority business enter-prises in lieu of an indeoendent investigation.
. 19. ':TILIZATION OF Si1ALL BUSINESS CONCERNS (1-1.710-3)
- a. The Util-ization of Small Business Concerns clause snall be included in all contracts in amounts which may exceed $10,000 except (1) contracts which, including all subcontrac+s there-under, are performed entirely outside the United States, its posses: ions, and Puerto Rico, and (2) contracts for services which are personal in nature.
- 1. It is the policy of tne Government as declared by the Congress that a fair propor* ion of the purchases and contracts for supplies and services for the Government be placed with Small Business Concerrs.
- 2. The Contractor agrees to accomolish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract.
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1UANTITY UNIT UNIT PRICE MAOUNT lifM NO. SUPPuf3/$ERYFCES PART II - THE SCHEDULE ARTICLE V - SUPPLIES / SERVICES AND PRICES RENTAL ITEMS The Contractor shall provide the following items on a rental basis, with option to purchase, as follows and in accordance with ARTICLES VI and X:
Per Month Per Month GROUP A ASLBP BOARD 0FFICES/TMI-1 HEARING BOARD Deliver to #34 North Court Street, Harrisburg, PA , The fol lowing furniture shall be in good condition, need not ce new my be metal, preferably matching in color and style; however, a certa- n amoJnt 3f mismat Oi39 will beitolerated, if necessary.
- 1. Secretarial Desk 1 ea $17.00 $17.00
- 2. Executive Desks 3 ea 15.00 45.00
- 3. Steno Chair 1 ea 6.00 6.00 4.' Swivel Desk Chairs with Arms i 3 ea 8.00 24.00
- 5. Mobile Typewrit.er Tables 30" X 18" on wheels 2 ea 10.00 20.00 wi th -lock .
- 6. Large Conference Table, Approx. 3' X 6' 1 ea 35.00 35.00 Small Conference Table, Approx. 2'6" X 4' 1 ea 20.00 20.00 7.
Stationary Typewrit.or Table 30" F 18" i ea 10.00 10.00 8. Conference Chairs with Arms 8 ea 5.50 44.00 9. Legal-Size 5-Drawer File Cabinel with Lock 1 ea 27.50 27.50 10. Supply Cabinet with Lock 1 ea 15 00 15.00 11. Bookcases, 6 Shelves each, Approx. 3' widt . 3 ea 25.00 75.00 12. Coat Rack with/ hangers (6) I ea 10.00 10.00 13. Small table, Approx. 2' X 3' - 30" high 1 ea 10.00 10.00 14. GROUP A TOTAL RENTAL PER MONTH $358.50
$1,075.50 THREE (3) MONTHS MINIMUM
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l ARTICLE V - SUPPLIES / SERVICES AND PRICES (Contiinued) GROUP B FOR INTERVENOR OFFICE Deliver to #34 North Court Street, Harrisburg, PA l The fol' oNing furniture r. hall be in good condition, need not be new, nay be metal, preferatily matching in color and style; however, a certain amount af nismatching will be tolerated, if necessary. Per Month Per Month ea $40.00 $40.00
- 15. Large Conference Table, Approx. 4' X 8' 1 82.50 15 .ea 5.50
- 16. Conference Chairs with Arms 10.00 10.00 Coat Rack w/ hangers (6) 1 ea
- 17. 137.50 5-Drawer File Cabinet w/ lock-Legal-Si e. 5 ea 27.50 18.
GROUP B TOTAL RENTAL F,5R MONTH $270.00 THREE (3) MONTH MINIMLM
$810.00
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s7ANDARD FOS 36. JULY 1966 Contract No. ciana semel $ AQMiNISTRAflon CONTINUATION SHEET 12 f kO. PtOC. RIG. ;41 CFR) late.loi NRC-10-80-719 NANI CP QPFtRCA CA CCNT AACTCt Cole and Company QUANitTY .UNif UNIT P2tCE MACUNT ITEM NO. SUPPUE3/55RVICf3 ARTICLEV-SUPPLIES /SERVICESANDPRICES(Continued) GROUP C FOR THE TMI-1 HEARING ROOM Deliver / to #34 North Court Street, Harrisburg, PA N9te: Best condition & appearance. The appearance of al l furniturei n the Hearing Room shall be of good appearance. It shall not - n any way ap; ecr shabby and the tables and chairs except th 75 chairs provided for the pu ]lic
, shall all match each other. The 75 chairs shall match each other.
Per Month Per Month
- 19. Conference Tables, Approx. 3' X 6' or equal, 16 ea $35.00 $560.00 wood or metal
-Conference Table, Approx. 4' X 8' ar equal, 1 ea 70.00 70.00 20.
wood or metal 50 'ea 12.00 600.00
- 21. l Chairs,interlo:kingtheatrestylecairs, j these chairs may be molded plastic or similar type chair, but uniform in a subdued color and style and all matching each other Stack Chairs (w/ storage rack) subdued color 25 ea 12.00 300.00 22.
& s tching Small Tables, Approx. 2' X 3' Approx. 30" 3 ea 20.00 60.00 2 3.-
high, wood or metal
- 24. Steno Chair on Wheels 1 ea 15.00 l!.00 !
I ea 15.00 15.00 l
- 25. Mobile Taewriter Table 30" X 18" 12.00 48.00
- 26. Coats rack to accommodcte 50 coats wi;5 hangers 4 ea Stationary Typewriter Tables 30" X 18" 3 ea 15.00 45.00 27.
Conference Chairs v.Jarms, padded seats and 55 ea 9.00 495.00 28. back, may be wood or metal. Shalt M good appearance and shall match the conf erence tables in style, color, material GROUP C TOTAL RENTAL PEF MONTH $2,208.00 i
$13',248.00 l SIX (6) MONTHS MINIMUM l
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CONTINUATION SHEET 13 fr'f','$cN$.U'NU,Y2fo" NRC-10-80-719 het CP Cff tRCA CR CQNT4ACICS Cole and Company
^ QUANilTY UNIT UNIT P2 ICE M OUNT lifM NO. $UPPUES/$6RVICl3 ARTICLE V - SUPPLIES / SERVICES AND PRICES (Contir ued)
GROUP 0 FOR NRC STAFF 0FFICE Deliver to #25 North Court Street, Harrisburg, PA The fol' owing furniture shall be in good condition, need not n be new,nay.be metal, amount of nismatching preferably matching in color and style; however,'a certai will be tolerated, if necessary. Per Month Per Month
- 29. Small table, Approx. 2' X 3' - 30" high 1 ea $10.00 $10.00
- 30. Large Conference Table, Approx. 3' X 6' 1 ea 35.00 35.00 Small Conference Table, Approx. 2' X 6" X 4' 1 ea 20.00 20.0C
. 31.
- 32. Mobile Typewriter Table 30" X 18" i ea 10.00 10.00
- 33. Conference Chairs with Arms 12 ea 5.50 66.00
- 34. Swivel Desk Chairs with Arms 3 ea 8.00 24.00
- 35. Executive Desks with Locks 3 ea 15.00 45.00
- 36. Bookcases, 6 shelves each, Approx. 3' wide 4 ea 25.00 100.00
- 37. Supply Cabinet with Lock i ea 15.00 15.00
- 38. Legal-size 5-Drawer File Cabinets vitn Locks 2 ea 27.50 55.00
- 39. Steno Chair 1 ea 6.00 6.00
- 40. Coat Racks with Han.jers (12) 2 ea 10.00 20.00 GROUP O TOTAL RENTAI. "?.R MONTH $ 406.00 THREE (3) MONTH MINIMUF $ 1,218.09 PURCHASE ITEMS The Contractor shall provide the following ite.s as follows and in accordance with ARTICLE VI:
i GROUPJ FOR THE TMI-1 HEARING ROOM Deliver to #34 North Court Street, Harrisburg, PA l
- 41. Six (6) Stanchions with four (4) lengths of 6' 1 LOT $460.30 460.00 encased (black encased) rope
- 42. Floor Signs - Two (2) signs "N0 SM0 KING" 4 ea 99.50 398.00
- Two (2) signs "U.S. NUCLEAR REdVLSTORY COMM LSSION i THREE MILE ISLAND 1 RESTART H EARINO" c ai- s e - res n e e no . c a r o-asi.e s 16 115
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n-o Contract No. NRC-10-80-719 l PA.GE 14 l ARTICLE VI - DESCRIPTIONS / SPECIFICATIONS
- 1. Groups A, B and D are rental items for a minimum of three (3) months.
Group C are rental items for a minimum'of six (6) months.
- 2. Group E items are purchase items.
- 3. Group C items snall be all new items.
- 4. All rental items are under wranty the entire rental period.
- 5. Contractor shall repair or replace, whichever is less, any items damaged not due to negligence on the part of the user at no cost to the Gove nment.
- 6. Contractor shall deliver, set up and place all items at no cost to the Government.
~
- 7. After expiration of the minimua rental periods or any extensions thereto, the contractor at no cost to the Government shall pick up all rental items not purchased.
- 8. The Government may discontinue rent on any of the rental items after expiration of the minimum periods and *.he contractor shall pick up said items at no cost to the Governnent.
- 9. The contractor shall render invoices for the monthly rental charges at the erc_ of the month for which the charges accrue. For usage of rental items for less than a month, the following charges shall apply:
1-15 days - 1/2 montns rental More than 15 - Full month's rental Days
- 10. Maximum rental credit toward purchase of any item on rental shall be two months, paid up rental. Rental can only to /,pplied against item on rental and only the rental on the item being surchased can be applied on that item.
I ARTICLE VII - PRESERVATION /PACKAGI1G/ PACKING
- i. PACKAGING All ar!.icles to be delivered hereunder shall be afforded the degree of packaging (preservation and packing) re' quired to prevent deterioration
x- n Contract No. NRC-10-80sil9 PAGE If h and/or damages due to hazards of shipment, handling, and storage. Such I cackaging shall be accomplished in such a manner as to assure acceptance l Ly common carrier and safe delivery at destir,ation. ARTICLE VIII - DELIVERIES OR PERFORMANCE H.1 The duration of the contract shall be from October 1,1980 through Decem-ber 31,19800n all rental items except for the Hearing Room items which shall be from October 1,1980 through March 31, 1981, and any extensions thereto. H.2 The articles to be furnished hereunder shall be deliverel all transporta-tion charges paid by the contractor and all articles set in place by the contractor to: U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board Panel 25 and 34 Nerth Court Street . Strawberry Square Harrisburg, PA 17101 ARTICLE IX - INSPECTION AND ACCEPTANCE
- 1. Inspection and acceptance of the services to be performed and the material to be furnished hereunder shall be made at 25 and 34 North Court Street, Strawberry Square, Harrisburg, Pennsylvania by the Contracting Officer's Authorized' Representative.
ARTICLE X - SPECIAL PROVISIONS
- 1. SUBCONTRACTS FOR WORK OR SERVICE 3 ,
No contract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for withcot approval of the Contracting Officer or his Authorized Representative, but this provision will not be taken as requiring the approval of contracts of employment between the Contractor end personnel assigned , for services hereunder.
l i
, Contract No. NRC-10-80-719 )
FAGE 16 i ARflCLEX.-SPECIALPROVISIONS(Continued)
- 2. OPTION TO EXTEND THE TERM 0F THE CONTRACT This contract may be extended, at the option cf the Government and at the prices set forth in the Schedule on a month-to-month basis, by the Con-tracting Officer giving written notice of renewal to the Contractor ten (10) days before the contract is to expire; provided, that the Con-tracting Officer shall have given preliminary notic3 of the Government's intention to renew at least fifteen (15) days before this contract is to expire. Such preliminary notice will not be deemed to commit the Govern-ment to renewal. If the Government exercises the option for renewal, the contract as renewed shall be deemed to include this option provision.
However, the total duration of this contract, including the exercise of any options under this clause, shall not exceed twelve (12) months.
- 3. OPTION TO PURCHASE RENTAL ITEMS Items 1-40 shall be provided on a rental basis. After the minimum rental periods for these items has expired, the Government may at any time exer-cise its option to purchase the rental items. Should the Government >
exercise its right to purchase the items, Two (2) months rental per item paid shall be credited toward the purchase price of the item to be pur-chased. The purchase price chall be the purchase price of the items at the time the items were ordered for rental, see Attachment 2, or the purchase price at the time the option to purchase is exercised, whichever is lesser. p 8 5 l A t l l l l
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Contract No. NRC-10-80-719
, Pa.ge 17 l
ARTICLE XI 4 Contract Administration Data i
- 1. Authorized Representative The Contracting Officer may designate an Authorized Reprisentative for l t' e purpase of assuring that the ser"4ces required under this contract are ordered and delivered in accordance therewith. Such representative l
as may be appointed will be specifically designated in writing to the Contractor from the Contracting Officer, including the extent of such designee's authority.
- 2. BILLING INSTRUCTIONS FOR. FIXED PRICE CONTRACTS AND PURCHASE ORDERS General. The contractor shall submit vouchers or invoices as prescribed herein.
Form. Claims shall be submitted en the payee's letterhead., invoice or on the Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801. Number of Cocies pnd Mailing Address. An original and six copies shall be suomitted to NRC offices identified below. FrecuerTcy. The contractor shil submit an invoice or voacher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract. Preoaration and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrections or erasures must be initialed. It must include the following: (a) Payee's name and address. (i) Address the original voucher ' (with 4 copies) to: U. S. Nuclear Regulatory Commission, Division of Accountino, Office of the Controller ATTN: GOV /COM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U. S. Nuclear Regulatory Commission, ATTH: E. L. Halman, Director, Division of Contracts , Washington, DC 20555. (iii) The original copy of the voucher should indicate that (2) cocies have been forwarded to the l Contracting Officer. (b) Voucher number. (c) Date of voucher.
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't , Contract No . NRC-10-80-719 Page 18 ARTICLE XI 3
Contract Administratiin Data (Continued)
- 2. BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE CRDERS (Continued)
(d) Contrac" number and data. (e) Payee's name and address. (Show the name of the contractor and its correct address, except when an ast gnment
? has been made by the contractor or a different payee has beat designated, then insert the name and address of the payee.'
(f) Description of articles or services, quantity, Unit price, and tota,1 amount. (g) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency normally used by the contractor in maintaining h4s accounting records and payments will be made in that currency. However, the U.S. dollar equivalent. for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract. . ARTICLE XII General Provisions
- 1. This cent.;act is subiect to the Fixed Price Succly Centract' Cc.eral Previsiens, dated J'uly 30, 1980, attached h'ereto as Attachment 3, and made a part hereof by this reference, and ::rdified ac follcws:
1.1 Clause No. 32 entitled "Mincrity Business Ente ~e rises Subcontracting Prograt" is deleted in its entirety. 1.2 Clause No. 33 entitled "Preferencc for U.S. Flag Air Carriers" is deleted in its entirety. 1.3 Clame No. 43 entitled "h'ork For Others" is deleted in its entirety. PART III - LIST OF DOCUMENTS AND ATTACHMENTS ARTICLE List of Documents and Attachments
- 1. This contract contains the following attachments:
1.1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) , Attachment 1. 1.2 Schedule of Purchase Prices, Attachment 2. l.3 General Provisions Fixed Price Supply dated July 30, 1980, attachment 3.
., / t
. PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of' Interest Sec.
20-1.5401 Scope and policy. 20-1.5402 Definitions. 20-1.5403 Criteria for recognizing e ntrat. tor organizational conflicts of interest. . 20-1.5404 Repres61tation. - I 20-1.5405 Contract clauses. l 20-1.5405-1 General contract clause. I 20-1.5405-2 Special contract provisions. 20-1.5406 Evaluation, findings, and contract award., 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1~. 5410 Subcontractors. 20-1.5411 Waiver. - 20-i.5412 Remedies. 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 contractorRegulatory Conmission organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to sub.ait information describing relationships, if any, with organizations or persons (including those regulated t>y NRC) which may give rise to actual or potential conflicts of interest in the event of contract award. (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case 4y-case basis is necessar'y if the po'licy 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 Mased, or where it may have an unfair competitive advantage? (c) The conflict of interert rule contained in this subpart applies tc cont, actors 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 acquis1t.;c.7 of consulting services through the personnel appointment process, NRC 1
S 4 g 4 7590-01
- agreemco'ts with other government agencies, international organizations, or state, local or . foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
120-1.5402 ' Definitions (a) "Organirational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or
. planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to gi/e impartial, technically sound, objective assistance and advice or may otherwise result in a '
bhsed work product, or (2) may result in its being given an unfair - competitive advantage. l (b) "Researth" means any scientific or technical work involving j theoretical analysis, exploration, or experimentatica. , 1
'(c ) ' "Evaluation activities" means any effort invoiring the appraisal of a technology, process, product, or policy.
(d) "Tcchnical consulting and 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 assistance in the preparation o# program plans; and preparation of preliminary designs, specifications, or statements of work. . (a') " Contract" means any contract, agreement, or other arrangement . with the NRC except as provided in Section 20-1.5401(c). (f) " Contractor" mean.: any person, firm, unincorporated association, joint venture, co-spons,or, partnership, corporation, affiliates thereof, or their successors in int 9 rest, including their chiaf 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 ocher when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)). ( h )' " Subcontractor" means any subcontractor or any tier which performs work under a contract with the NRC except subcontracts for l tupplies and subcontracts in amounts of $10,000 or less. (i) " Prospective contractor" or " offeror" means any person, firri, I unincorporated association, joint venture, partnership, corporation, or I af filiates themof, including its chief executive, directors, key personnel l
; identified in the proposal), proposcd consultants, or subcontractors, I suomitting a bid or ;,roposal, solicited or unsolicited, to the NRC to l cbtain a contract.
D 9 fP D /P g %)P y r l 6A alfu M ,
t 7590-01 (j) " Potential conflict of interest" means that a factual situation l exists that suggests (indicatu) that an actual conflict of interest may arise from award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give , rise to an actual conflict or which must be reported to tha contracting l officer for investigstion if they arise during contract performance. 520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detennining whether I actual or potential organizational conflicts of interest exist: (1) Are j there conflicting roles which might bias a contractor's judgment in i relation to its work for the NRC? (2) May the contractor be given an l unfair competitive advantage based on the performance of the contract? The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perfonned. While it is difficult to identify and to escribe in advance a specific method for avoiding all of the various si .ations or relationships which might inv ve potential organizational conflicts of interest, NRC personnel will .oy particular attention to prooosed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's deci'sions 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 contractor provides advice and recommendations to the NRC in a technical area n which it is also providing consulting i assistance in the same arec to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organiution regulated by the NRC. (iii) Wnere the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing. (iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. 9 0 a 7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 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. (ii) Where ths offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies. (iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action. (iv) Where the offeror or contractor is granted access to proprietary information of its competitors. (v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair comoetitive advantage for the offeror or contractor.
'(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolvt 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 comoonent as called for in the RFP. The XYZ Corp. is one of several compa~ntes considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar anrlyses for the reactor manufacturer. Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy. (2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are uniquc to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projer.ts for several different utility clients. None of the ABC Corp. projects have any relationrhip to the work called for in the RFP Based on the NRC ? valuation, the ABC Corp. is considered to be the best qualified i company to perform the work outlined in the RFP. l 7590-01 -l 1 G idance, fn NRC contract normally could be awarded to the ABC
-Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp would be precluded from the performanco of similar work for the company developing.the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a certain type of consnercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure-adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can. contract which can develop and < conduct the testing programs required to obtain the data in reasonable ! time. That company has a definite interest in any NRC decisions that
.might result _from the data produced because those decisions affect the reactor's design and thus the company's costs. >
Guidance. Thic situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC. Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordihated in accordance with the waiver provisions of this policy r with particular attention to the establishment of protective mechanisms ~! to guard against bias. (4) Example. The ABC Co. submits a proposal for a new system for i evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co. l 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 j component. -; i Guidance. A contract could be awarded to the ABC Co. nrovided that j the contract stipulates that no information produced under the contract l will be used in the contractor's private activities unless such information ! has been reported to NRC. Information which is reported to NRC by contractors 1 will normally be disseminated by NRC to others so as to preclude an ; unfair competitive advantage that might otherwise accrue. When NRC l furnishes information to the contractor for the performance of contract l work, it shall not be used in the contractor's private activities unless l such information is generally available to others. Further, the contract '! will stipulate that the contractor will inform the NRC contracting ) officer of all situations in which the information developed under the j contract is proposed to be used. j i
-S- j i
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7590-01 l (5) Example. The ABC Corp., in response to a RFP proposes to assamble a map showing certain seismological features of the Appc12chian l fold belt. In accordance with the representation in the RFP and l 5 20-1.5403(b)(1)(1), ABC Corp. informs tne NRC that it is presently i doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study. Guidance.. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 120-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest. (d) Other considerations. (1) The fact that tne NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a detennination of the existence of such conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputatian of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis. 520-1.5404 Representa tion (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organhational 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) Ev31uation 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 toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the ' changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
( l l-i 7590-01 l l ORGANIZATIONAL CONFLICTS'0F INTEREST REPRESENTATION I represent to the best of my knowledge and belief that: The award to of a contract or the modification of an existing contract does-( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1). 18. (c) Instructions to offerors. .The following shall be included in all NRC-solicitations: (i) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR
.6 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to'the contracting officer. If the contracting officer determines that organizational conflicts exist, the following actions may be taken: (i) 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 5 20-l'.5411.
(2) The refusal to provide the representation required by 520-1.5404(o) or upon request of tN contracting officer the facts required ' by s20-1.5404(c), shall result in disqualification of the c'Feror for awa rd. The nondisclost:re or t.iisrepresentation of any relevant interest inay also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after & ward, the resul:ing contract may be terminated. The offeror may also be disquelified 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 contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror w1CI be considered by t:e NRC in the evaluation of proposals. If the NRL considers the proposed excluded work to be an essential or integral i part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable. (e) The offeror's failure te execute the representation required by subsection (b) above with respect to invitation for bids will be cnnsidered to be a minor informality, and the offeror will be permitted i to correct the omission. 5 20-l'.5405 Contract clauses 5 20-1.5405-1 General contract clause .
-7 4
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l 7590-01 All contracts of the types fet forth in 520-1.5404(b) shall include the folicwing clauses: l (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role j because of current or planned interest (financial, contractual, organizational, or ctherwise) which relate to the work under this cont-act, and (2) . doas not obtain an unfair cotatitive advantage aver other parties by l virtue of its performance of this contract. 1 (b) Scope. TW restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 9 20-1.5402(f) in the actitities co m ed by this clJuse. (c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise *o a conflict of interest with respect to the work being perfonne1 under this contract. The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personr.11, if any, under this contract abio by the provision of this clause. If the centractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential :aflict of interest, the contractor shall obtain the written approval of the contracting officer prior tc execution of such contractual arrangement. (d) Disclosure af ter award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it dces not have any organizational conflicts of interist, as defined in 41 CFR 520-1.5402(a). - (2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer. This statement shall include a descriction of the action which the contractor has taken or proposes to take to avoid or mitigate such con fli cts . The NRC may, however, terminate the contract for convenience if it deems such termination to be u the best interests of the gavernment. (e) Access to and use of information. (1) If the contractor in tne performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal dab l i protected by the Privacy Act of 1974 (pub. L. 93-579), or data which has l not been released to the public, the contractor acrees not to: (i) Use such information for any private purpose until che information has been l released to the public; (ii) compete for work for the Comission based 1 l l
-;( e s j IRh 1 7590-01 i 1 in sucn information for a period of six (6) months after_ either the completion of this contract or the release of such information to the ! public, whichever is first, (iii) submit an_ unsolicited proposal to the i government hased on such information until one year after the release of i such inform' a tion to the public, or (iv) release the information without i prior written approval by the contracting officer unless such information ! has pr9viously been released to the public by the NRC. ' (2) Iri addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the , Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged ! technical,- business, or financial information under this contract, the ; contractor shall treat such information in accordance with restrictions j placed on use_of the information. i (3) The contractor shall have, subject to patent and security f ro ovisions of this contract, the right to use technical data ic produces under_ tnis contract for private purposes provided that all requirements ; of this contract have been met. . I ( f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the 1 contractor shall include this clause, including this paragraph, in ! subcontracts of any tier. The terms " contract," " contractor," and -
" contracting of ficer," shall be appropriately modified to preserve ~ the governmenpsrights.
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest I required to be disclosed concerning this contract or for such erroneous ! representations as necessariiff imply bad faith, the government may ; terminate the contract for default, disqualify the contractor from i subsequent contractual efforts, and pursue other remedies as may be i permitted by law or this contract. I (h) Waiver. A request for naiver under this d ause shall be l directed in writing through the contracting officer to the Executive : D' rector for Operations (ED0) in- accordance with the procedures outlined ; in $20-1.5411. i
)20-1.5405-2 Special contract provisions.
(a) If it is determined from the natJre of the proposed contract ! that organizational conflicts of interest sist, the contracting officer I imy determine that ruch conflict can be avolded or af ter obtaining a l waim r in accordance with '20-1.5411, neutralized through the use of an i appropriate special contract orovision. If appropriate, the of feror may , negotiate the terms and conditions of these clauses, including the ' ! extent and time period of any such restriction. These provisions include i but are n"t 1imited to: ' I D " " I$ ' * ~T + 11Yf D e a h\ o a , _ - _ , , - _ _ . . _ _ _ _ ~ , ~ -
i 7590-01 ( L) Hardware exclusion clauses which prohibit the a':ceptance of
.performed productionbycontracts following a related nonproduction contract previously the contractor; (2) Software exclusion clauses; (3)
Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use. (b) The following additional contract clause may be inclu(N as section (i) in tha clause set forth in5 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest. (i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of w rk under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substanti (2) If the contractor under this contract prepares a complete or essentially complete statement of work or specificetions, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement 0.' work or specifications unless so di*ected in writing by the contracting officer, apply. in which case the restriction in this subparag'aph shall not (3) Nothing in this paragraph shall preclude the contractor from offering or selling its stanced commercial items to the government. 5 20-1.5406 [>aluation, findings, and contract award The contracting officer will eveluate all relevant facts submitted by an offeror pursuant to the representation requirements of 420-1.5404(b) and other relevant information. Af ter evaluating this information against the criteria of . 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. if it nas been determined that ccnflicts of interest exist, then tr contracting or fi cer snall eitner: (a) Disqualify the offeror ' rom award. l i 7590-01 1 1 l (b) Avoid or eliminate such conflicts by appropriate measures; or l l (c) Award the contract under the waiver provision of 520-1.5411. 520-1.5407 Conflicts identified after award. If potential organizational conflicts of interest are identified
- after award with respect to a particular contractor, the contracting
- officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take owery reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411. neutralize the effects
- of the identified conflict.
520-1.5408 (Reserved) s20-1.5409 (Reserved)
$20-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a pr'ime contract covered by this subsection.
5 20-1.5411 Waiver in the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation af the contracting officer, and after consultation with the Office of the General Counsel, the ED0 may waive the policy in specific cases if he determines that it is in the best interest of the United States to do 50. Such action shall be strictly limited to those situations in which: (1) The work to be performed under contract is vital to the NRC program; , (2) the work cannot be satisfactorily performed except by a contractor l whose interests give rise to a question of conflict of irterest; and (3) l contractual and/or technical review and supervision methods can be l employed by NRC to neutralize the conflict. For any such waivers, the I justification and approval accuments shall be placed in the public ! Document Room. ( l l l
,- .g. I 7590-01 4
120-1.5412- Remedies i In' addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondi:, closure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subst-quent NRC contracts. Dated at Vashinoton. D.Cthis 27th day of March 1979. For the Nuclear Regulatory Commission C ftu uSamuel d h CC mok
- p. Chilk '
Secretary of the Commission O e i l 1
. w=a m Contract No. NRC-10-80-719 Attachment 2 Page 1 of 2 SCHEDULE OF PURCHASE PRICES '
Unit Quantity Unit 3 rice
- 1. Amount 2.
Secretarial Desk Executive Desks 1 ea $195.00
- 3. Steno Chair 3 ea
$ 195.00
- 4. 195.00 585.00 5.
S';ivel Desk Chairs with Arms 1 ea 42.50 42.50 3 ea Mobile Typewrit.er Tables 30" X 18" on wheels 69.50 208.50 with lock 2 ea 70.00
'i . 140.00 Large Conference Table, Approx. 3' X 6' l 7.
Small Conference Table, Approx. 2'6" X 4' 1 ea 216.00
- 8. 216.00
- 9. Staticnary Typewriter Table 30" X 18" 1 ea 134.00 134.00 '
1 ea
- 10. Conference Chairs with Arms 70.00 70.00 8 ea
- 11. Legal-Size 5-C.awer Fila Cabinel with Lock 55.00 440,00 i
12. Supply Cabinet with Lock ea 225.00 1 225.00 Bookcases, 6 Shel /es each, Approx. 3" wide ea 158.00
- 13. 158.00 14 Coat Rack with/ hangers (6) 3 ea 182.00 546.00 '
Small table, Approx. 2' X 3' - 30" high i ea 88.00 88.00 1 ea 114,00 114.00 15 . l 16. Large Conference Table, Approx. 4' X 8'
- 17. Conference Chairs with Arms 1 ea 300.00 300.00 13.
Coat Rack w/ hangers (6) 15 ea 55.00 5-Drawer i 825.::3 File C: binet w/ lock-Legal-Size ea L3.00 88.00 5 ea 225.00 1,125.00
- 9.
Conference wood or metal Tables, Approx. 3' X 6' or equal, 16
?0. ea 216.20 3,459.20 .
Conference woou or metalTabic, Approx. 4' X 8' or equal, 1
'l .
ea 400.00 400.00 Chairs, interlocking theatre style chaire, these chairs may be molded plastf: or 50 ea Gr. 00 3,200.00 similar type chair, but uni"orm in a 22. each other color and style and all matching subdued Stack Chairs (w/ storage rack) subdued color
& m:tching 25 ea 64.00
- 23. 1,600.00 Small high,Tables, wood orApprox.
metal 2' X 3' Approx. 30" 3 ea 114.40
- 24. 343.20
- 25. Steno Chair on Wheels
- 26. Mobile Typewriter Table 30" X 18" 1 ea 91.00 91.00 l ea 27
- 23. Stationary Typewr;ter Tables 30" X418" Coats rack to accomm ea 117.70 95.00 117.70 380.00 Conference Chairs w/ arms, padded seats and 3 ea 117.00 351.00 back, mav be wood or metal. 55 ea 55.00 Shall be good 3,025.00 appearance and shall match the conference tables in style, color, material
4 Contract No. NRC-10-80-719
, Attachment 2 i Page 2 of 2 SCHEDULE' 0F PURCHASE. PRICES (Continued)
Unit Quantity Unit Price Amount il. table, Approx. 2' X 3' - 30" high 1 ea $114.00 $ 114.00
.ge Conference Table,' Approx. 3' X 6'. 1 ea 216.00 216.00 nall Conference Table, Approx. 2' X X" X 4'- 1 ea -134.00 134.00'
.iobile Typewriter Table 30" X.18" 1 ea 70.00 70.00 Conference Chairs with Arms.- 12 ea '55.00 660.00
.- Swivel' Desk Chaf rs with Arms 3 ea 69.50 '208.50
- 35. Executive Desks with Locks 3 ea 195.00 585.00
- 36. Bookcases, 6 shelves'each, Approx. 3' wide 4 ea 182.00 728.00
- 37. Supply Cabinet with Lock . . 1 ea 158.00 158.00
- 38. LI.egal-size 5-Orawer File Cr.binets with Locks 2 ea 2; 10 450.00-
- 39. . Steno Chair 1 *a 42.50
- 40. Coat Racks with Hangers (12) 2 ea 258.00
. .1 l
D i f l
l l . 1 1 1 Revised 7/30/80 Consisting of Pages 1 through 25 l
^
GENERAL PROVISION FIXED PRICE SUPPLY CON *MACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 20 attached thereto. ARTICLE TITLE PAGE 1 Definitions..................................................... 1 2 Changes......................................................... 1 3 Extras.......................................................... 1 4 Variation In Quantity........................................... 1 5 Inspection................................................-..... 1 6 Responsibility For Supp11es..................................... 2 7 Paymonts..............................-......................... 2 8 Assignment of C1 aims................. .......................... 2 9 Additional Bond Security........................................ 2 10 Examination of Records By Comptroller General....,.............. 2
, 11 Pefau1t......................................................... 2 12 Disputes........................................................ 3 13 Notice and Assistance Regarding Patent and Copyright Infringement.................................................. 3 14 Buy American Act................................................ 3
. 15 Convict Labor................................................... 4 16 Contract Work Hours and Safety Standards Act -
Overtime Compensation......................................... 4 17 Walsh-Healey Public Contracts Act............................... 4 18 Eq ua l Op p o r t uni t y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19 officials Not To Benefit........................................ 5 20 Covenant Agains t Contingent Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 Utilization of Small Business Concerns........................... 5 22 U tilization of Laboc Surplus Area Concerns. . . . . . . . . . . . . . . . . . . . . . 5 23 Utilization of Minority Business concer as . . . . . . . . . . . . . . . . . . . . . . . 5 24 Pricing of Adjustments...................,...................... 5 25 Paymen t of In teres t On Contrac tors ' Cla1ms. . . . . . . . . . . . . . . . . . . . . . 5 26 A l t e r a t i o ns . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
, 27 Listing of Employment 0penings.................................. 6 28 Employment of the Handicapped................................... 9 . 29 Clear Air and Water............................................. 10 30 Federal, State and Local Taxes..................... ............ 11 31 Te rmination For Convenience of the Government. . . . . . . . . . . . . . . . . . . 12 . 32 Minority Business Enterprises Subcontracting Program............ 17 33 Preference For U.S. Flag Air Carriers..J........................ 18 34 No tice To the Government of Labor Disputep . . . . . . . . . . . . . . . . . . . . . . 18 35 Permits......................................................... 19 36 Renegotiation................................................... 19 37 Pa tent Indemnity................................................ 19 38 Reporting Royalties............................................. 20 39 Notice Regarding Late De11very.................................. 20
GENERAL PROVISION I FIXED PRICE SUPPLY CONTRACT 1 (Cont.) 1 ARTICLE TITLE PAGE 40 Stop Work Order ............................................. 21 , 41 Pu bl i cation and Pu bl i ci ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 . Dissemination of Contract Information . ,. . . . . . . . . . . . . . . . . . . . . 22 43 Wo rk fo r O t he rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23- , t$ $a!tidn*5f'Y5m55'dwnid'$uilnisi'066c6 6s*(Over'$10',000)::: '38 5 46 Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled By Socially &nd Economically Di s a dvantaged Indi vi dual s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I n
+
9 l
\
11
GENERAL PROVISIONS (Supply Contract)
- 1. Dr.r:Nmcss without limitation raw materials, components, intj As used throughout this contract, the following terms shall assemblies, and end products) shall be subject to insp have the meant.1g set forth belows test by the Government, to the extent practicable at all ,
(a) The term " head of 15 agency" cr " Secretary" as used places including the period of manufacture, and in any e; herein means the Secretary, the Urder Secretary, any to acceptance. I Assistant kretuy, or any other heti or assistant head (b) In case any supplies or lots of supplies are de of the executive or military departmtat or other Federal material or workmanship or otherwise not in conformits agency; and the term "his duly authorized representative" requirements of this contract, the Government shall . means any person or persons or board (other than the rigM. eithrr to reject them (with or.withnt instruct 3 Contracting Omcer) authorized to act for the her.d of the tlw dispondion) or to require their correction. Suppl) agency or the Secretary, of supplies which have been rejected or required to be (b) The term " Contracting Omcer" means the person executing shall be removed or,if permitted or required by the Ce this contract on behalf of the Government, and any other Omcer, corrected in place by and at the expense of the $ omeer or civilian employee who is a properly designated promptly after notice, and shall not thereafter be ten ( Contracting Oscer; and the term includes, except as other- acceptance unless the former rejection or requirement ( wise provided in this contract, the authorized representa-tion is disclosed If the Contractor falls promptly to req tive of a Contracting Officer acting within the limits of his supplies or lots of supplies whSh are required to be re: authority. promptly to replace or correct such supplies or lots'o the Goveument either (1) may by cont (c) Except as otherwise provided in this contract, the term l
" subcontracts" includes purchase orders under this or correct such supplies and charge to the Contracto$
contract. occasioned the Governme?t thereby, or (ii) may term 3 contract fe default as provided in the clause of thio' 1 Cu m s entitled " Default." Unless the Contractor corrects om The Contracting Omcer may at any time, by a written order, such supplies within the delivery schedule, the Contractli and without notice to the suretles, make changes, within the gen- may require the delivery of such supplies at a reductior' eral scope of this contract, in any one or more of the following: which is equitable under the circumtances. Failure c (i) Drawings, designs, or specifications, where the supplies to be such reduction of price shall be a dispute concerning a furnished are to be specially manufactured for the Government of fact within the meaning of the clause of this contrac-in accordance therewith; (ii) method of shipment or packing; "D sputes." - and (iii) place of delivery. If any such change causes an increase (c) If any inspection or test is meh by the Governme or decrease in the cost of, or the time required for, the perform- premises of the Contractor or a subcontractor, the CI ance of any part of the work under this contract, whether changed without additional charge shall provide all reasonable or. net changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Go, be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any daim by inspectors in the performance of their duties. If Go the Contractor for adjustment under this clause must be asserted inspection or test is made at a point other than the pr the Contractor or a subcontractor, it shall be at the ex within 30 days from the date of receipt by the Contractor of the the Government except as otherwise provided in this d notification of change: Provided, however, That the Contracting Frovided, inat in case of rejection the Government sha Omcer, if he decides that the facts justify such action, may re-liable for any reduction in value of samples used in cd ceive and act upon any such claim asserted at any time prior t with such inspection or test. All inspections and tesd final payment under this contract. Where the cost of troperty Government shall be performed in such a manner as not I made obsolete or excess as n result of a change is included in the Contractor s claim for adlustment, the Contracting Officer shall d4 % d W GomM ma h @ 2 the Contractor any additional cost of Government insped have the right to prescribe the manner of disposition of such test when supplies are not ready at the time such insped property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of h mM h h he e & W& is necesaitated by relor rejection. Acceptan this contract entitled Disputes. However, nothing in this clause g g , , shall excuse the Contractor from proceeding with the contract as MM% Mh inspect and accept or reject saplies shall neither rel
- 3. ExTnAn Contractor Jrom responsibility for such supplies as ad ace rdance with the untract requirements nor impose Execpt as otherwise provided in this contract, no payment for
, stras shall he made unless such extras and the price therefor on the Government therefor.
, have been authorized in writing by the' Contracting Omcer. (d) The inspection and test by t't.. Government of any or lots thereof does not ruieve the Contractor from any (
- 4. VARI ATION IN QtlANr!TY i bility regarding defects or other failures to meet the No variation in the quantity of any item called for by this con. requirements which may be discovered prior to acq tract wdl be accepted unless such variation has been caused by Except as otherwise provided in this contract, acceptad conditions of loading, shipping, or packing, or allowances in be conclusive except as regards latent defects, fraud, manufacturing processes, and then only to the extent, if any, gross mistakes as nmount to fraud i specified elsewhere in this contract. (e) The Contractor shall provide and maintain un 1%
system acceptable to the Government covering thel TL IN SPECTION heeunder. Records of all inspection work by the C$ (a) All supplies (which term througho~ this cleuse includes shall be kept cornplete and available to the Governmen STANDARD FORM 32 3Noe 1 Prescribed by GSA. FPR (41 CF] 1 1 I
s sunty falls to fu ..sh nports as to his Anancial condition from ths performance of this contraE and 19. such longer period as time to time as requested by the Government, the Contractor shall muy bo unecined einewhere in this contract, promptly furnish such additional security as May be aquired
- 6. Rucentatt.try ron 3 tert.!ss from time to tied to protect the interesta of the Covernment and Except an otherwha provided in this contract, (1) the Con
- of persons supplying later or materials in the prosecution et the tr:ctor shall be responsible for the supplies covered by this work contemplated by this contract.
centract until they are delivered at the designated delivery point, 10. EXAMINmoN or RaconDe BY CCMrTRo!4.r.a GENEaA!, , regardless of the point of Inspection; (11) after delivery to the Government at the designated point and prior to acceptanes uy (a) This clause is appliasble if the amount of this contract i the Government or rejection and giving notice thereof by the exceeds $10,000 and was enter =d into by means of negotiation, I Government, the Government shall be neponsible for the lose or including small business natricted advertising, but la not appIl-destruction of or damage to tae supp.ies only if such loss, cable if this contract was entered into by means of formal destruction, or damage mults from the negligence of otticere, advertising, agents, or employees of sne Government acting within the scope (b) The Contractor agrees that the Comptroller General of the of their employment; and (iii) th;, Contractor shall bear all risks tJnited States or any of his duty authorised representativu shall, I an tn rejected supplies after notice of rejection, except that the until the expiration of 8 years after fnal payment under this ! I Governme..'. shall be responsible for the lose, or destruction of, or contract or such lueer time specined in either Appendix M of the dimate to the supplies cly if tuch me, destruction or damage Armed Services Procunment Regulation or the Federal Procure-results from the grose negligence of ookers, agents, or employees ment Regulations Pars 1-20, as appropriate, have scens to and of the Government acting within the scope of their employment. the right to examine any directly pertinent books, documents, ' papers, and records of the Contractor involving transactions re-g pm7, lated to this contract. The Contractor shall be paid, upon the submission of prSpor (c) The Contractor further agrees to include in all his sub-Inv.olcon or vouchers, the prices stipulated herein for supplies g , g g d accepted or services rendered and accepted, less ter agrees that the Comptroller General of the United States or dellvitions, deduc red nslf i any, as herein provided. Unless otherwise spceined, any of his duly authorised representatives shall, until the expira-payment will be made on partial deliveries accepted by the Gov- M d 3 m & N mM & W hw w M ernment when the amount due on such deliveries so warrantsi lesur time specined in either Appendix M of the Armed Sermee or, when requested by the Contractor, payment for accepted par- Procurement Regulation or the Federal Proeucament Regulations titt dehveries shall be made whenever such payment would equal Part 1-20, as appropriate, have access to and 8e right to examine or e d either 31,000 or 60 percent of the total amont of this any directly pertinent books, douments, papere, and records of
- such subcontractor, involving transactions related to the sub.
A AnatoNMm? or Ct.ANs contract The term " subcontract" as und in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts (a) Pursuant to t% erovisions of the Ansignment of Claims Act of 1940, as amerded (31 U.S.C. 208, 41 U.S.C.1.,), if thle or purchase orders for public utility services at rates established for uniform applicability to the general public. entract provides for payments aggregating $1,000 or more, claima for moneys due.or to become due the Contractor from the (d) The periods of access and examinatbn described in (b) Government under this contract may be assigned to a bank, trust and (c), above, for records which relate tu (1) appeale st*Aer company, or cther financing Instituthn, inebding any Federal the "Disatee" clause of this contract, (2) litigation or the lending agency, and may thenafter be further assigned and settlement of claims arising out of the performance of thu con-rensnigned to any such institution. Any such assignment or re- tract, or (8) costs and expenses of this contract as to which ex-unnianment shall cover all amounts payable under this contract ception has been taken by the Comptroller General or any of his and not already paid, and shall not be made to more than one duly authorised npresentatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. party, except that any such assignment or reassignment may be made to one party as agent or trustee for two of more parties II' ** participuting in such financing. Unless otherwise provided in (a) The Government may, subject to the provisions of para-thin contract, payments to an assignee of any moneys due or to graph (c) below, by written ni,tlee of default to the Contracter, herome due under thle contract shall not, to the extent provided terminate the whole or any part of this contract in any one of
'n anid Act, as amended, be subject to reduction orenetoff. (The the following circumstances:
preceding sentence applice only if this contract in made in time of (i) If the Gntractor falls to make delivery of tne supplies or war of national emergency as defined in said Act and is with the to perform the services within the time specified herein or any Department of Defenne, the General Services Administratfor, the extension thereof; or Enrey Rc*earch and Development Adr..inistration, the National (ii) If the Contractor fails to perform any of the other pro-Aeronuntics and Space Administration, the Federal Aviation visions of this contract, or so falla to make progress as to Administration, or any other departraent or agency of the United endanger performance of this contrnet in accordance with its Staten designated by the President punuant to Clause 4 of the terms, and in eithr of these two circumstaners does not cure provino of section 1 of the Assignment of Claims Act of 1940, se such failure within a period of 10 days (or such lonnee period amended by the Act of May 16,1951,65 Stat. 41.) as the Contacting OfReer may authorize in writing) after (b) In no event shall copies of this contract or of any plans, receipt of notice from the Contracting Omcer specifying such aneciftentions. or other similar documents relating to work under f"II""* thin contract, if marked " Top Secret,"" Secret," or " Confidential," be furnished to any nasignen of any claim arising under this (b) In tne event the Government terminates this contract in whole or in part as provided in paragrnph (n) of thin clause, the c,intrnet nr tn nny other perann not entitled to receive the same. Government may prxure, upon such terms nnd in nuen manner linu ever, a envy of any part or all of this contract so marked may as the Contracting Omeer may deem npprnprinte, supplie= or be Nrnished, nr nny information contained therein may be dis. nuvices.similar to thve so terminated, nnd the Contractor shnl1 rined, to nurh assignee upon the frior written authorization of be liable to the Governcent for any exccas conta for such similar l the C.mtrneting OMeer, ' nupplies or servicen t Provided, That the Contractor aball continue
- 0. AhmrtoNAI. flOND ESCUntTY the performance of this contract to the cwtent -ot terminated l under the provisionn of thin clause.
- if nny surety upon nny bond furnished in ennnection with thin contract imcomes unneceptable to the Government or if any such (c) Except with respect to def aulta of aubcontractors, the arANnARD FORM 32 (Rev, a48) 2 .
1 i
o Contractor shall not be liable for any excess costs if the failure to ing Omcer, who shall reduce his decision to writing and mail a otherwise furnish e ::py thereof to the Contractnr. The decisioi perform the contruct arises out of causee beyond the cont'ol and of the Contreating Omcer shall be Anal and Naive unless without the fault or negligence of the Contractor. Such causes ,the Con within 30 days from the date of receipt o' may in6ude, but are not restricted to, sets of God or of the pubtle ig Omce enemy, acts of the Government in either its novereign or con. tractor mails or otherwise furnishes to a writ.en appeal addressed to the See asion of th tractual es acity, Aren, foods, epidemics, quarantine restrictions, U, .c the determ< strikes, freight embargoes, and unusually severe weather; but Secretary or his duly authorized r nation of such appeals shall ir .iusive unlesa de in , <ery case the failure to perf.rm must be beyond the control and without the fault or negligence of the Contractor. If the termined by a court of co* fraudulent, or capricious. Y@g4r soetion to have ber grossly erroneou failurn to perform is caused by the default of a subcontractor, supper;ed by subatantia and if such default arises out of causes beyond the control of both as necesstrily to imply ' g4 . evidence. In connecC .ppeal proceeding t tder thi the Contractor and subcontractor, and without the fault or afforded an opportunity to b negligence of eithe.r of them, the Contractor shall not be liable clause, the Cont' g heard and to bc
.a support of its sppeal. Pendis for any excess costs for fauure to perform, unless the supplies 6 .reunder, the Contracto= ahall procer or servio to be furnished by the subcontractor were obtainable anal decisio-S p .mance of the contract and in accordant diligentle from other sources in wmeient time to m dt the Contractor to meet the required delive schedule, with t' cf .,meer's detsion.
.es" clause does not preclude considerajon c (d) If this contract is terminated as provided in paragraph ()
law . . connection with dacisions pmvided for in pars (a) of tW clause, the Government, in addition to any other rights .sve: Provided, That nothing in tas contract shall1:
- provided in this clause, may requite the Contractor to transfer graph title and dehver to the Government, in the manner and to the construes., as making anal the decision of ary administrativ extent directed by the Contracting Omcer, (1) any completed ometal, representative.or board on s question of law.
supplies, and (ii) such partially completed supplies and materials, 13. nance AND AsstsTANCE.MOAaDINo PATENT AND parts, tools, dies, jigs Artures, plans, drawings, information, CoryntonT INFRINGEMENT and contract rights (hereinafter called " manufacturing ma. terials") as the Contractor has speciacally produced or spe. The previsions of this clause shall be appliesh'e only if ti amount of this contract exeods $10,000. ciacally acquired for th> nerformance of such part of this contract as has been terminated; and the Contractor shall, upon dirction (a) The Conttactor shan report to the Contracting Omce of the Contracting Omcer, protect and preserve property in promptly and in reasonable written detail, each notlee or clai of patent or copyrightinfringement based on the performance < possession of the Contractor in which *he Government has an this contract of which the Contractor has knowledge. interest. Payment for completed supplies delivered to and ac. ecpted by the Government shall be at the contract price. Payment (b) In the event of any claim or suit againe the Governme for nmnufacturing materials delivered to and accepted by the on account of ar.y alleged patent or copyright infringema Government and for the protection and preservation of property arfaing out of the performance of this contract or out of the 7 shall be in an amount agreed upon by the Contractor and Con. of any supplies furniched or work or services performed her tracting Omcer; failure to agree to such amount shall be a dispute under, the Contcactor sha!! furnish tr she Government, whi concerning a question of fact within the meaning of the clause of requested by the Contracting Omcer, all evidence and informatii this contract entitled " Disputes." The Government may withhold in possession of the Contractor pertaining to such suit or clah from amounts otherwise due the Contractor for such completed Such evidence and information shall be furnished at the exper of the Government except where the Conersetor has agreed iiupplies or manufacturing materials such sim as the Contracting Omcer detarmines to be neemary to protect the Government indemnify the Government. against l' s because of outstanding liens or claims of former !!an
- 14. Bur AMERICAN Act holders.
(e) If, after notice of tu t stion of this contract under the (a) le acquiring end products, the INy American Act (41 U provisions of this clause, it is , .termined for any reason that the Code 10 a-d) provides that the Gournment give preference Contractor was not in default under the provisions of this clause, domestic source end products f a the purpose of this clause: or that the default wa: excusable under the ptovisions of this (1) " Components" means those articles, materials, and su clause, the rights and obligations of the parties shall, if the nn. p!!es, which are directly incorporated in the end products; tract contains a clause providing for termint. tion for convenience (ii) "End products" means those articles, materials, a of the Government, ae the same as if the notice of termination supphas, which are to 14 acquired under this contract for pub had been issued pursuant to such clause. If, after notice of termi. use;and nation of this contrset under the provisions of this claurge, it is (iii) A " domestic source end product" means (A) an e determined for any reason that the Contractor was not in default rianufactured end product which has been mined or produe unrier the provisions of this clause, and if this contract does not in the United States and (B) an end product manufactured enntain a clause providing for termination for convenience of the the United States if the cost of the components thereof wh: Government, the contract shall be equitably adjusted to compen. are mined, produced, or manufactured in 9e United States c wate for such termination and the contract modified accordingly; eeeds 50 percent of the cost of all its components. For C failure to agree to any such adjustment shall be a dispute con. purposes of this (a)(fil)(B), components of for*ign origin cerning n question of fact within the meanins of the clause of this the same type or kind as the products referred to in (h)(li) contract entitled " Disputes." (iii) of this c!suse shall be treated as components minen, pi duced, or manufactured in the United States,
. (f) The rights and remedies of the Government provided in this claune whall not be exclusive and are in addition to any other (b) The Contractor agrees that there will be delivered und riehts and remedies provided by law or under this contract, this contract only domestic source end products, except c (g) As uaed in paragraph (c) of this clause, the terms "sub- products:
(1) Which are for use outside the United States; contraetnr" cnd " subcontractors" mean subcontractor (s) at any tier. (11), Which the Government determines are not mined, pi duced, or manufactured in the United States in sumelent c
- 12. DisrtrrEs 44 reasonably available corwercial quantitles and of a satisiacto (a) Except ns othee ' N any dispute quality; concerning c - SeB [Og atract which (iii) As to which the Secretary determines the dome; is not # d .aued by the Contract- preference to be inconsistent with the public interW: or edB I STANDARO F0WM 32 (Rev, 4c
4 ]- , (iv) As to which the Secretary deternaines the cost to tha interpretations of the Seerotary cf Labor which cre ww or may Government to be unreasonable. hereafter be in efect.
- (Tb fongoing requirements are administered la accordance with Executive Order No.10582, dated Deessaber 17,1954.) 18. EQUAL OProerfUNEf (The following clause is applicable unless this contract is ex-
- 15. CowyscT lasa's empt under the rules, regulations, and relevant orders of the
~
_ la connection with the performe of work under this contract, Secretary of Labot (41 CFR, ch. 80).) th2 Contractor agrees not to employ any person undergoing sen. During the performance of this contract, the Contractor agrees tence of imprisonment at hard labor exespt as provided by Public as follows: Law 89-176, September 10,1965 (18 U.S.C. 4082(c)(2)) and (a) The Contractor will not discriminate against any employee d Ezesutive Order 11755, Dseember 29,1978. or applicant for s'aployment bessuse of raes, color, religion, sex, or nations: gia. The Contster wm take amtmatin ac&n to
- 14. CowTmAc7 Weast Hovas AwD SAFWrf STANDAmos AcT- ensure that appliennts an espinad, and that employees are Ovnersnat; r'oasrumsattom treated during employment, without regard to their race, color, This contratt, to the extent that it is of a character specined. religion, ses, or national origin. Such action shall include, but not in the Contract Work Hours and Safety Standards Act (40 U.S.C. be 11mited to, the following: Employment, upgrading, demotion, 827-488), is subject to the following pnvisions and to all other or transfer; recruitment or neruiunent advertising; layoff or typticablo provisions and exceptions of such Act and the regula- terminations rates of pay or other forms of compensation; and tiees of the Secretary of Labor thereunder. selection for training, including apprenticeship. The Contractor (a) Overtime nquirements. No Contractor or subcontractor agrou to poet in conspicuous places, available to engloyees and contracting for any part of the contreet work which may require applicants for employment, notices to be provided by the Con- ,
- or involve the employment of laboren, mechania, apprentless, tracting Odleer setting forth the prMalons of this Equal Oppoe-trainees, watchmen, and guards shall requin or permit any tunity elause.
11borer, mechanic, apprentica, trainee, watehman, or guard in (b) The Contreetor will, in all sollettations or advertisements eny workweek in which he is employed on such work to work in for employees placed by or on behalf of the Contractor, state excese of eigM hours in any calendar day or in excess of forty that all qualidad applicants will receive consideration for em-hours in such workweek on work subject to tbs provis8ons of the ployment without regard to race, color, religion, sex, or national ' Cintract Work Hours and Safety Standards Act unless such origin. 1:borer, mechanie, apprentice, trainee, watchman, or guard re- (d The Contractor will send to each labor union or representa-ceives compensation at a rate not less than one and one half times tive of worket a with whleh he has a collective bargaining agne-his basic rate of pay for all such hours worked in excess of eight ment or other contract or understanding, a notice, to be provided hours in any calendar day or in excese of forty hours in such by the agency Contracting Omeer, advising the labor union or workweek, whichever is the greater number of overtime hours. workeY representative of the Contractor % nmitments under (b) Violation; liability for unpaid wages; liquidated damages. this Equal Opportunity clause, and shd poet copies of the not!ce In the event of any violation of the provisions of paragraph (a), in censpicuous places available to ear,plo . d applicants for the Contractor and any subcontractor responsible thenfor shall employment. be liable to any affected employee for his unpaid wages. In addl. (d) The Contractor will comply wi6 s11 provisions of Execu-tion, such Contractor and subcontractor shall be liable to the tive Order No.11246 of Septembn 24, 1965, as amended by United States for liquidated damages. Such liquidated damages Executive Order No.11875 of 0..ober 18,1967, and of the rules, shall be computed with respect to each individusi laborer, regulations, and relevant orders of the Seentary of Labor. mechainie, apprentice, trainee, watchma/., or guard employed in (e) The Contractor will furnish all information and reports violation of the provisions of paragraph (a) in tM sum of $10 required by Executive Order No.11246 of September 24, 1965, for each calendar day on which such employee was required or ne amended by Executive Order No.11375 of October 13,1967, permittw3 to be employed on such work in excese of eight hours and by the rules,-regulations, and orders of the Secretary of or in excess of his standard workweek of forty hours without pay- Labor, or pursuant thereto, and will permit access to his books, sment 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 to ascertain cornpliance Contracting Omcer 'nay withhold from the Government Prime with such rules, ngulations, and orders. Centractor, from any moneys payable on account of work pe (f) In the event of the Contractor's noncompliance with the fermed by the Contractor or subcontrpetor, such sums as m., Equal Opportunity clause of this contract or vith any of the edministratively 1o determined to be necessary to satisfy any said rules, regulations. or orders, this contract may be canceled. . ll:bilities of such Contractor or subcontimeter for unpaid wages terminated, or suspended, in whole or in part, and the Contractor and liquidated damages as prcrided in the proviaM.a of para- may be declared ineligibts for further Government ermtracts in graph (b), accordance with procedrres authorised in Executive Order No. (d) Subcontracts. The Contractor shpil insert paragraphs (a) 13h8 of September 24,1965, as amended by Executive Order No. through (d) of this clause in all subcontracts, and shall require 11575 of October 13, 1967, and such other nanetions may be im- ! their inclushn in all subeentracts of any tier. Paaed and remedies invoked as provided in Exer.tive Order Nn. (e) Records. The Contractor shall maintain patroll records 1d46 of September 24,1965, as amended by Executive Order No. containing the information specified in 29 CFR bl6.2(a). Such 11875 of October 13,1967, or by rule, segulation, or orde of the reecrds shall be preserved for three yiare from the completion Secretary of Labor.or an otherwise provided by law. (g) The Contractor wGl include the provisions of paragraphs of the conttset. ' ' (a) through (g) in every avbeontract or purchase order unins
- 17. WAt.sn. HEAL.EY Pt auc ComACTs Act exempted by rules, regulatione, or orders of the Secretary of I If this contract is for the manufacture or' furnishing of Labor iss'uwd pursuas.: to section 204 of Executive Order No.
materints, supplies, articles, or equipment in an amount which 11246 of September 24,1965, as amended by Executive Order No. cxceeds or may exceed $10,000 and is otherwise subject to 6e 11375 of October IS,1967, so that such provisions will be binding Walah.Healey Public Contracts Act, as amended (41 U.S. CJe upon each subcor. tractor or vendor. .'he Contractor will take such 3fr-45), there are hereby incorporated by reference all represen- action with respect to any subcontract or purchase onier as the tations and stipulations required by said Act and regulations contracting agency may direct as a means of enforcing such issued thereunder by the Secretary of Labor, such representa. provisions. Including sanctiont for noncompliance: Provided. tions and stipulations being subject to all applicable rulings and howowr, Th.6 in th event the Coc' tractor beconwe involved in, r3ANDARO FORM 32 (now. 4-70 4
nr is threatened with, litigation with a subcontractor or vendor small business concerns; (2) other cerb.'ied-eligible concerns with an a result of such direction by the contracting agency, the Con- a Arst preference; (3) certified-eligible concerns with a second tractor may request the United States to enter into such litigation preterence which are also small business concerns; (4) other to protect the interests of the United States. certiaed-eligible concerns with a second preference; (5) pe r-sistent or substantial labor surplus area concerns which are also
- 19. OrrscIA1.8 NOT To BENErtT .
small business concevr.e; (6) other persistent or substantial labor No member of or delegate to Congress, or resident Commia- surplus area concerns; and (7) small business concerns which sioter, shall be admitted to any share or part of this contract, or are not labor surplus area concerns, to any benent that may arise therefrom; but this provision shall 23. UTsuzArroN or MINORITY BUSINESS ENTERPRISES not be construed to extend to this contract if made with a corpo. ration for its general benefit. (a) It is the polley of the Government that minority businema enterprises shall have the maximum practicable opportunity to
- 20. CoVr,NANT ACA!NST CONTINGENT FEES participate in the performance of Government contreets.
The Contractor warrants that no person or selling agency has (b) The Contractor agrees to use his best efforts to carry out been employed or retained to solicit or secure this contract upon this policy in the award of his subcontracts to the fullest extent an agreement or understanding for a commission, percentage, consistett w; the emelant pecformance of this contract. As brokerage, or contingent fee, excepting bona t.de employees or used in this contract, the term " minority business enterprise" bona Ade established commereist or selling agencies rrsintained means a business, at least 50 percent of which is owned by by the Contractor for the purpose of securing business. For ninority group members or,in case of publicly-owned businesses,
' breach or violation of this warranty the Gmrr'sent shall have at lesst 51 percent of the stock of which is owned by minority the right to annul this contract without liaS hty or in its discre- group members. Por the purposu of this dainition, minority tion to deduct from the contract price or consideration, or other- group members are Negroes, Spanish-speaking American persons, wise recover, the full amount of such commission, percentage, american Orientals, American-Indians, Ameriewn-Eskimos, and brokerage. or contingent fee. American Aleuts. Contractors may rely on written representa-tions by subcontractors regarding their status as minority busi-
- 21. UTtuzAT!oN or f,M A4 Bt'SINESS CONCERNS ess enterprises in lieu of an independent investigation (a) It in the policy r Government as declared by the Con-gren that a fair prt., ae purchases and contracts for 24. PRic1No or ADJUSTMENTS supplies and services for o aovernment be placed with small When costs are a factor in any determination of a contrut business concerns. prime adjustment pursuant to the Cesnges clause or any other (b) The Contractor agrees to accomplish the maximum amount provision of this contract, such costs shall be in accordance with of subcontracting to small business concerns that the Contractor the contract cost principles and procedures in Part 1-15 of the Ands ao be consistent with the efficient performance of this Federal Procurement Regulations (41 CFR 1-15) or Section XV contract. of the Armed Services Procurement Eegulation, as applicable, which are in effect on the date of this contract.
- 22. UttuzATION Or LABOR StIRPu!S AREA CONCERNS (a) It is the policy of the Government to award contracts to 25. PAYMENT Or INTEREST ON CONTRACTORS' CLAIMS labor surplus area conce-ns that (1) have been certined by he (a) If an appealis Aled by the Contractor from a final decision Secretary of Labor (hereafter referred to as cert! Sed-eligible of the Contracting Omcer under the Disputes clause of this con-concerns with first or second preferences) regarding the employ- tract, denying a claim arising under tne contract, simple interest ment of a proportionate number of disadvantaged individuals and or, the amount af the claim Anally determined owed by the Govern-have agreed to per" rm substantially (i) in or near sections of ment shall be payable ;o the Contractor. Such interest shall be at concentrated unamp_ayment or underemployment or ir persistent the rate determined by the Secretary of the Treasury pursuant to or substantial labor surplus areas or (ii) in other areas of thu Public Law 92-41,85 Stat. 97, from the date the Contractor fur-United States, respectively, or (2) are noncertified concerns nishes to the Contracting Omcer his written appeal under the which have agreed to perform substantially in persistent or sub- Disputes clause of this contract, to the date of (1) a nnal judg-stantial labor surpluu areas, where this can be done e usistent ment by a court of competent jurisdiction, or (2) mailing to the with the emeient performance of the contract and at prices no Contractor of a supplemental agreement for execution either con.
higher than are obtainable elsewhere. The Contractor agrees to nrming completed negot.stions between the parties or carrying use his best efforts to place his subcontracts in accordance with out a decisior if a board of contract appeals. thin policy. (b) Notwitt. standing (a), above, (1) interest shall be applied (b) In complying with paragraph (a) of this clause and with only from the date pannent was due, if such ' fate is later than parm:ranh (b) of the clause of th contract entitled " Utilization the niing of appeal, and (2) interent shall not be paid for any nf Smnli Rusiness Concerns" tia Contractor in placing his sul>- period of time that the Contracting Omcer determines the Con-contracts shall observe the following order of preferenre: (1) tractor has unduly delayed in pursuing his remedies before a Certined-cligibie concerns with a Arzt preference which are also board of contract alcals or a court of competent jurisdiction. a i m., s i , i is , m, <9in, w i 4 5 STANDARO FORM 32 :Rev. 4-75) s
.7-_- -
a FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c)) GENERAL P&0 VISIONS (SUPPLY CONTRACT) (June 1976) j ADDITIONS, CONSIST OF ARTICLES _ THROUGH .
- 26. ALTERATIONS . .
The following 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
- a. The following paragraph '(d) is added to this clause: ,
"(d) The term " Commission" or "NRC" mesma the United States Nuclear Regulatory Commission or any duly authorized represcatative thereof, including the Contracting Officer enopt for the purpose of deciding an appeal under the Article " Disputes."
- 27. LISTING OF BMPLOYMENT OPENINGS (FPR Temp. Reg. 39) ,. ,
(Applicable to Contracts Involving $10,000 or More) l DISABLED' VETERANS AND VETERANS OF THE VIETNAM ERA
- a. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agreer to taka~ affirmative action 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-tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
- b. The contractor agrees that all suitable employment openings of the contractor which exist et the time of the execution of this contract and thoss which occur during the performance of this contract, including those not generated by this contraer and 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 wrporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding emplo) <- openings and hires as may be required.
State and local governmen* stencies holding Federal contracts of $10,000 or more shall algo list all their suitable openings with the appropriate office of the State employment service, but are not reguired to provide those reports set forth in paragraphs (d) and (e). l
~6-
,, . - . . - , -- , ,,-,...n ,
. - . . . ~ -
- n. f' 4 9 Listing of employment openings with the employment service system pursuant to
;. c.
this' clause shall be made et least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of 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 Enocutive orders or reguistions regard-ing nondiscrimination in employment.
- d. The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate' local' office or, where the contractor has more than one hiring location in a State, with the central' office of that State employment service.
Such reports shall indixate for each hiring location (1) the number of indivi-duals- hired during the reporting period, (2) the number of nondisabled veterans
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of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled 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 aft.er the end of each reporting period wherein any performance is made on this contract identifying data fcr 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 t+ ports and related documentation shall he made available, upon request, for exaatnation by any authorized representatives of the contracting officer or of the Secretary of
. Labor. Documentation would include personnel records respecting job openings,
'recruitgent, and placement.
es Whenever the contractor becomes contractually bound to the listing provisions of this c3ause, it shall advise the employment service system in each State. where it las establishments of the name and location of each hiring location in the 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 Stata system of subsequent contracts. The contractor may advise ths
- 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 l organization or to fill pursuant to a customary and traditional employer- j union hiring arrangement. This' exclusion doer not apply to a particular ; opening once an employer decides to consider opplicants outside of his own l
, organization or employer-union arrangement for that opening.
I
- b
- 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; 1siorers.and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and pro-fossional openings that are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, temporary employment of more*than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organisation or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compelling circume'tances an employment opening may not be suitable for listing, including euch situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national 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 , employcant opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
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(3) " Openings which the contractor proposes to fill from within his own organization" means em>1oyment openings for which no consideration will be giran to persons outside the contractor's organization (including any atfiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes 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 cpenings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists barween the contractor and representatives of his employees.
- 1. The contractor ugrees to comply with the rules, regulations, and relsvant orders of the Secretary of Labor issuad 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 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 obitgation under the law to take affirmative action te employ A
e , . .-m--
j f and' advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
- 1. The contractor will notify each labor naion or representative of workers with whieY it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era-Veteran's Readjustment Assistance Act and is committed to take affirmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.
- m. The contractor will include the provisions of this clause in every seccontract '
or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the. Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase crder as the Director of the Of fice of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
- 28. EMPLOYMENT OF THE HANDICAPPED (FPR Temp. . Reg. 38)
- 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 af firmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgtading, demotion or transfer, re-cruitment, advertising, layoff or termination, rates of pay or other forms of compensat.lon, and selection for training, including apprenticeship.
- b. The contractor agrees to comply 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 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. ,
- d. Tha Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a forn to be prescribed by the Director, office of P<..eral Contract Compliance Programs, Department of Labor ;
. provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take af firmative action to employ and advance in employment qualified handicapped cap!oyees and appli-i - cants for employment, and the rights of applicants and employees.
- e. The Contractor will notify each labor union or representative of workers '
I with which it has a collective bargaining agreement or other contract under-I standing that the contractor is bound by the terms of section 503 of the l L Act, and is committed to take affirmative action to employ and advance in t employment physically and mentally handicapped individuals. 4 f i
- .. . . ._ = -
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- f. The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, res-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 subcontraser ]
or vendor. The Contractor ". rill taka such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action, for noncompliance.
- 29. CLEAR AIR AND WATER (1-1.2302) i (Applicable only if the contract exceeds $100,000, or the contracting Officer has 3 determined that orders under an. indefinite quantity contract in any one year will j exceed $100,000 or a fuc.111ty to be used has been the subject of a conviction I under the Clear Air Ac.t -(42 U.S.C.1957c-8(c) (1)) or the Federal Water Pollution i Control Act (33 U.S.C. 1319(c)) and ir listed by EPA, or the contract is not I otherwise exempt.)
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- a. The Contractor agrees as follows: !
(1) To ccmply with all the requirements of section 114 of the Clean l Air Act, as amended' (42. U.S.C.1857, et seq. , as amended by Pub. j L. 91-604) and section 308 of the Federal Water Pollution Control j Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 95-500), respec- l tively, relating to inspection, monitoring, entry, , rep, orts, and ;
' information, as well as other requirements specified in section 114 !
and section 308 of the Air Act and the Water t.ct, respectively, and l all regulations and guidelines issued thereunder before the award j of the contract. ;
. (2) That no portion of the work required by this prime contract will be i performed in a facility listed on the Environmental Protection !
- Agency List of Violating Facilities on the date when this contract l was awarded unicss and until the EPA eliminates the name of such ;
facility or facilities from such listing. ! l (3) To use his best afforts to comply with clean air standards and clean j water standards at the facility in which the contract is being j performed. l l (4) To insert the substance of the provisions of this clause into any l nonexempt subcontract, including this paragraph (a)(4) . j
- b. The terms used in this clause have the following meanings:
I (1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C. ; 1857 et. r.aq., as amended by Pub. L. 91-604). l
, 1 (2) The term " Water Act" means Federal Water Pollution Control Act, as l amended (33 U.S.C. 1251 et, seq., as amended by Pub. L. 92-500). j i
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- 1 (3') The term " clean air standards" asans any enforceable rules, regulations,
, = guidelines,. standards, limitations, orders, controls, prohibitions, or other requirements which are contained'Ln, issued under, or.otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d)' of the Clean Air Act
- (42 U.S.C.1857c-5(d)), an approved implementation procedure 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 implementation procedure under section 112(d) of the Air Act (42 U.S.C.1857c-7(d)) .
(4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant 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 authoriced by sect $on 402 of the Water Act (33 U.S.C.1342), or by local government 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 clean air or weter standards. Compliance shall also mean compliance with a schedule or plan ordered l or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term " facility" means any building, plant, installation, structure, mine, vessel or other floating craf t, location, or site of operations
- owneo, leased, or supervised by a contractor or subcontractor, to be utilized in the performance of a contract or subcontract. Where a ,
location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. FEDERAL, STATE, AND LOCAL TAXES (1-11.401-1(c)) , (a) Except as may be otherwise provided in this contract, the contract price i includes all applicable Federal, State, and local taxes and duties. l (b) Nevertheless, wits respect to any Federal. atcise tax or duty on the trans- ) actions or property covered by this contract, if a statute, court decision, j written ruling, or regulation takes effect af ter the contract date, and-- )
- 1. Results in the Contracter being required to pay or bear the burden of I any such Federal excise tax or duty or increase in the rate thereof '
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 increase: Provided, that the Contractor if requested i i i
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.._ gf . l by the Contracting Officer, warrants 9. Yriting that no shount for such l newly imposed Federal excise tax or duty or rate increase was included in .f the^ contract price as a contingency reserve or otherwise; or '
(2) Results in the Contraccor not bei-g required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax cr 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 amount shall be paid to Government, as dire.cted by the Contracting Officer. The enntra';c price shall be similarly decreased 1.5 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 dosa not obtain a refund or drawbac.k of, any such t Federal excise tax or duty.
- c. No adjustment pursuant to paragraph (b) above will be made under this contract unless the aggregate amount thereof is or may reasonably be expected to be ,
J over $100. l
- d. As used in parag'raph (b) above, the teru " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additionel supplies or servicas procured by modification to this contract, the term " contract date" means the date of such sodification.
- e. Unless there does noc exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in thic contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing
, was excluded.from the contract price. In addition, the Contracting Officer i 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 I price. Except as otherwisa provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the Contracting Officer.
- f. The Contractor shall promptly notify the Contracting Officer of matters which t will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contra?<ing Officer.
. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1-8.701)
- a. The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such temnination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination spec 1'ying the extent to which performance of work under the contract is terminated, and the date epon which such termination becomes effective.
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'b. Af ter receipt o'f 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 to the extent specified in the Notice of Termination; (2)' Place no further orders or subcontracts for atterials, services, or facilities, except an 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 Termination; (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) Settle all outstanding liabilitie.s and all claims arising out of such termination of orders and subcontuacts, with the approval or ratification of the Contracting Officer, to the r.xtent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Government and deliver in the menner, at the times, and to t.he extent, if any, directed by the Contracting Officer, (1) rhe fabricated or unfabricated parts, work in process, completed work, supplies, and other marerial produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed planc,, 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
' Officer, any property of the types referred to in (6) above: Provid ed, houever, 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 prescrdbed by and at a price or. prices approved by the Contracting I Officer: And provided further, That the proceeds of any such transfer or l disposition shall be applied in reduction of any payments to be made by l 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; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and i l e
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4 - s , Take such action as may be necessary, or as the Contracting Officer may l (9) ' direct, for-the protection and preservation of-the property related to
- this contrar:*. which 'is in the possession 'of the Contractor and in which the Covernment hss or may acquire an interest.
At any time af ter expiratia of the plant- clearancs period, as defined in Subpart 1-8.1 of . the raderal ?rocurement 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 autho-ized by the Contracting Officer, and may request the Government to remove such items or enter into a storage' agreement covering them. ,
j Not later than fif teen (15) days thereaf ter the Government will accept ' title to sucP itans and remove them or enter into a storage agreement covering the same: Propi.ded, That the list submitted shall be cubject 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 submittes shall be ma'de prior to final settlement.
- c. Af ter receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer his termination claim, in the form and with certification prescribed by the Contracting Of ficer. Such claim shall be submitted promptly but'in no event later than one year from the effective date of termination, unless one or coro 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 f acts juatify such action, he may receive and act upon any such termin*ation claim at any time after such one-year period or any extension thereo'f. Upon fh11ure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review requ1 red 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 end shall thereupon pay to the Contractor the amount so determined.
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- d. Subject to the provisions of paragraph (c), and subject te any review required by the contracting agency's procedurt.a in effect as of the date of execution of this contract, the Contractor and the Contracting Officer may 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 l
done: Provided, That such agreed amount or amounts, exclusive of settlement costs, shall uot exceed the total contract price as reduced by the amount of l payments otherwise made and as further reduced by the contract price of work l not terminated. "Se contract shall be amended accordingly, and the Centractor l shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing thc amount to be paid to the Contractor in the event of failure of the Cont 7 setor and the Contracting Of ficer to agree upon the whole amount to l 1. l 1 l . e
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e, be paid to t!h'e Cont.ractor by reason of the termination of work pursuant to this clause. - shall be deemed-tc limit, restrict, or otherwise determine or l affect the amount"or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d). I
- e. In' the event of the' failure of the Contracter and the Contracting Officer to l agree as provided in paragraph (d) upon the whole amount to be paid to the l Contractor by reason of the termination of work pursuaat to this clause, the l Contracung Officer shall, subject to any review required.by the contracting
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agency's procedures in effect as of the date of execution of this contract, deMrmine, on thei basis of information available to him the amount if any due to the Contractor by reason of the termination and shall pay to the Contractor , 1 the amounts' determined as'follows: (k.) For completed supplies accept ad by the Government (or sold or acquired as provided in paragrcph (b) (7) above) and not theretofore paid for, a sum l equivalent.to the aggregate price for such supplies computed in accordance l with the price or prices specified in the contract, appropriately adjusted for any'saving of freight or other charges; , (2) The total of-(i)' The costs incurred in the performance of the work terminated, , including initial costs and nreparatory expense allocable thereto, but excle ive of ar.y costs attributable to supplies paid or to be paid" for unden paragraph (e) (1) breof; , (ii) The co'st of settling and paying claims arising out of the termination
'of' work under subcontrants 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 or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (i) above); and l (iii) A' -sum, as profit on (1), above, determined by. the contractina of ficer pursuant to 9 1-8.303 of the Federal Procurement Regulations (41 CFR 1-8.303), in effect as of the date of execution of this contract, to be fair and reasonable: Providad, however, 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 allowed under this subdivision (iii) and an apprcpriate adjustment shall be made i reducing the amount of the settlement to reflect the indicated rate oftloss; and (3) Tne reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims ari supporting data with respect to the terminated portion of the l
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contract and for the termination and settlement of subcontracts the rounder, together with m oonable storage, transportation, and other
' _ costs incurrtd in connectica 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 (a) 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. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2) (1)' above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so 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, thq applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract.
- a. 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, ha 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, tha Government shall pay to the Co,ntractor the followings (1) if there is no right of appeal herousder 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 fit. ally determined on such appeal.
- h. In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on acccunt 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 materials, supplics, 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.
- i. If the tormination hereunder be partial, prior to the settlement of the termi-nated portion of this' contract, the Contractor may file with the Contracting Officer a request in,wr4 ting for an equitable addustment of the price or prices specified in ti.e contract relating to the continued portion of the contract (the portion not terminated by the Notice of Termination), and such
- equitable adjustment as may be agreed upon shall be made in such price or prices.
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J. The Government may irom time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against c'osts' incurred by gha Contractor in connection with the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such paymento shall be J1 thin the amount to which the Contractor will be entitled hereunder. If the tntal of sych payments is in excesa 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 rate 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, j
. nauever, That no interest shall be charged with respect to any such excess J payment attributable to a reduction in the Contractor's claim by reason of l' retention or other disposition of termination inventory until ten days after - . 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, frcm the effective date of termination and for a period of three years after final settlement under this contract, shall preserve and j make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government, all his baoks, records, documents, 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.
- 32. MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b))
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- a. The Contractor agrees to establish and conduct, a program which will enable minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers undey th,is contract. In this connection, the Contractor shall--
(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program. (2) Providt 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 opportuaity to compete for subcontracts, particularly by arranging solicitations / time for the preparation of bido, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority business enterprises. (4) Maintain records showing (1) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) swards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises. l
'i ., s , (5) Includo tha Ut111:stion of Minority Business Enterprisse cituco in subcontracts which offer subettotial minority business enterprises
' subcontracting opportunities.
(6)' Cooperate with the Cont,;4cting 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. i . (7)- Submit periodic reports of subcontracting to known minority business t enterprises with respect to the records referred to in subparagraph (4),- above,. in. such form and rz.nner and at such time (not more of ten 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 confort 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 ageneti; and Government contractors and subcontractors'will u6e U.S. flag air carrir,rs for international air transportation of personnel (and their personal effects) or property.co 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.
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- o. 'The contractor agrees to utilise U.S. flag air carriers for international !
air ttansportation of personne] (and their personal effects) or property to , the extent service by such carriers is available. l l
- 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-tion on vouchers involving such transportation which is ' essentially as follows:
CERTIFICATION OF'UNAVAILLBILITY OF U.S. FLAG AIR CARRIERS I hereby certify that transport ation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for l the following reasons: (state reasons)
- 34. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (1-7.203-?)
- c. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this 2 See Federal Procursment Regulatione (41 CFR 1-1.323-3) or section 1-336.2 of th+
Armed Services Procurement Regulations, as applicable.-
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1 . ,- contract, the Contractor shall immediately giva. notice thereof, including 9 all relevant informat' ion'with respect thereto, to the Contracting Officer.
- b. The Contractor agrees to insert the substance of this clause, including t this. paragraph- (b), in any subcontract hereunder as to which a labor dispute j may delay the timely performance of this contract; except that each sue.- h l
subcontract shall provide that in the event its timely performance is delayed- 1 or threatened by delay by an actual or potential labor dispute, the sube.on- l trat.cor shall innaediately notify his next higher tier subcontractor, or- the Prime Coctractor, as the casc may be, of all relevant information with respect to such disputes. ;
- 35. PERMITS (9'-7.5006-48) .
4 Er. cept as otherwise directed by'the Contreating 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,
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and political subdivision in which the work under this contract is performed. l
- 36. RENEGOTIATION - (9-7.5004-20)
If this contract is subject to the Renegotiation Act of 1951, as amended, the followin;; 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 pnegotiation 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 ' cbntract shall be deemed,to coatain all the provisions required by section 104 of the Renegotiation Act of 1951, and by 'any such other act, without subsequent contract amendr.ent specifically incorporating such provisions. ;
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- b. The contra'ctor agrees to' insert the provisions of this clause, including this paragraph (b), in all subcontracts, as that ters is defined in section ,
103 g. of the Renegot1'ation Act of 1951, as amended.
- 37. PATENT INDENNITY (9-9.5009(c))
The Contractor agrees to indemnify the Government, its officers, agents, servants, ! and employees against liability of any kind (including costs'and expenses j incurred) for the use of any invention or discovery and for the infringement of j any Letters Patent (not including liability, crising 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 reason of the use of disposal by ; or for the account of the Government of items manufactured or supplied under this l' contract. I 1 4 4
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- 38. REPORTING 0F ROYALTIF.S (9-9.5011) l If this contmet is in an amount which axceeds $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 in writing to the Commission (Patent Counsel, Office of the Executive Legal Director) during the petformance of this contract and prior to its completion or final sett1 ment the amount of any royalties or other payments paid or to be paid by it directly to othere in conr. action with the performance of this contrace togethor 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 witch the royalties are to be paid. The approval of the Commission of any individual paymente or royalties shall not astop 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 the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance et make delivery: Prov4 fed, homr, 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 remedies provided by law or inder this contract. 4 e e O s F 20 -
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- 40. 5 M WORK ORDER l (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 i after the order is delivered tu the Contractor, and for any further period at which the prties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon 1aceipt 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 .he work covered by the order during the period of work stoppage. Within a period of ninety (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:
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, (i) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the "Deftalt" or the " Termination for Convenience" 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 adjustment 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 Contractor's cost properly 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 time prior to final ; payment under this contract. l r (c) If a stop work order is not canceled and the work covered by i such order is terminated for the convenience of the Government, the - reasonable costs resulting from the stop work order shall be allowed in t arriving at the termination settlement. l (d) If a stop work ordgr is not can:eled and the work :. overed by such order is terminated for def ault, the reasoncble costs resulting from - the stop work order shall be allowed by equitable adjustment or otherwise. [ t
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- 41. PUBLXCATXON' A 11?CfTY l
Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this centract. The contractor shall submit a copy of each article or other information to the Project Officer prior to publication or dissemination for public use. If the article or other information ' is . subsequently modified or altered in any manner, the Contractor shall l progtly notify the Project Officer and furnish him/her a copy of the l article or other information as finally submitted for publication or dissemination. The Contractor shall acknowl'e:lCe the support of the U. S. Nut. lear Regulatory Commi:.sion 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 perfomed pursuant to Contract (insert number) with the (insert name of constituent agency), U. S. Nuclear Regulatory Commission."
Either Clause No. 42, ' entitled "bissemination of Contract Infomation" or Clause No. 41 is for ap lication but not both. In the absence of a clear delineatior), C,lause Ko. 41 applies.
- 42. DISMMINATION ON CONTRACT INFORMATION s
The Contractor shall not publish, permit to be' published, or distribute for public consumption, any infomation, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Twocopies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.) Failure to comply with this clause shall be grounds for temination of this contract. t 22 , 4
- 43. .
WORK FOR OTHERS-Notwithstanding any othe,r provision of th,is 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 co 2sultant 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 prior to execution of such contractual arrangement. 4 6 0 0 W 8 i
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' ':::n tre ::se si .2:s;.:so reouests or Olsoutes. .": meets o sucit requests for payment
- 44. '; W W :f *'ta any amenament
. Insert the following clacto as .>.':;
- ;.:e totai nwest :n discute 'o exesed prescribed by ' 1-1.313-7t
* $30.cco. 2e Cars: tor snall certtfy. at the
. Disputes ti..e of submiss;cn as a c:sirn. as follows:
(a) This contract la subject to the Contract Icertly bat 's claim is made in good Disputes Act of1978 (41 RS.C. 601 et seq.). If t I8id1'c. and c e dets hat to the tassucportng oest of cty data aye accurate Anowledge a dispute arises nlating to the contract, the and be..ef: and that the actount requested contractormey submit a claim to the Contracting Omcar who shell issue a wntten accurately re lects the contract adjustment , decision on the disputein the manner fer whien the contractor oelieves the specified in FPR 1-1.313. < svermnent le liable. . ICritractor's Name) (b) " Claim" means:
' I e Covernment shall pay the -
C trec [c - centractor interest ggj yor payment of money, adjustment of (1) on the ammnt found due on clalud conteest terms.,or other relief: suomitted undirt this clauf e: (3) Which is in dispute or remains (:) At the rates fixed by tho' Secretary of maresolved after a reasonable time for its the Treasury under the Renegotiation Act. review and dispositic by the Government Pub.L.92-61:
' " ' ' * * " " " I 148 Per which a Contracting officer'8 receives the c! alm until 6e Govemment hh is demW makes payment. .
(e) The decision of the Contracting offbe. shall be final and conelt sive and not sJ to review by any forum, tribunal, or Covernment agency unless an appeal or action is timely commenced wtthin the times specified by the Contract D%gutes Act of 1778. (f) The Contra: tor shall proesed diligently with perforrr snce of this contract, pending final resolution of any requert for relief,
- claim. appeni or action related to the _
contract. and compiy with any decision of the i
/ ntracting omeer.
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- 45. UTIUZAT10N OF WOMEN-OWNED BUSINESS CONCERNS (Over $10,(l00)' :
(a) It is the policy of the United States Government that women- ! owned businesses shall have the inaximum practicable opportunity to , participate in the performance of c'ontracts awarded by any Federal ~ p agency.
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(b) The Contractor agrees to use his best efforts to' carry out this i policy in the award of subcontracts to the fullest extent consistent ! with the efficient performance of this contract. As used in this ! contract, a " woman-owned business" concern nicans a business that is I at least 31% owned by a woman or women who also control and operate it. "Centrol"in this context means exercising the power to l' make policy decisions. " Operate" in this context means being actively involved in the day-to-day management. " Women" mean all . womer/ business owners. , j I (End of Clause) l' 24 I I i v
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j ,, e l n' ( l UTILIZATION,OF SMALL BUSINESS CONCERNS AND SMALL ! BUSINES! . ONCERNS OWNED AND CON TP( ' LED BY.-
* : SOCIALLY AN' ECONOMICALLY DISADVANTAGED INDIVIDUALS 46 (a)- It is the policy of the United States that small business concerns i and small business. concerns owned and controlled by' socially and ,
. economically disadvantaged individuals shall htye the maximum l
- practicable. opportunity to participate in the pc. formance of l con ~ acts let by 2ny Federal agency. !
(b). The contractor hereby agrees to carry out this policy in the l
. awarding of subcontracts to the fullest extent consistent. with the {
effic!nnt performance of this contract., The contractor f urther agrees to cooperate in any studies or surveys as rr.ay be conducted by j the Small Business Administration or the contracting agency which l may be necessary to determine. the extent. of the contractor's ! comp!!ance with this clause. j 1 ic) (1) As used in this contract, the term "small business concern" , shall mean a small business as defined pursuant to section 3 of j
- the Small Business Act and relevant regulations promulgated {
' pursuant thereto. [
i (2) The term "small business concern owned and controlled by i socially and economically disadvantaged individuals" shall mean i a small business concern- I d (i) wh' as is at lear.' 31 per centum owned by one or more ! socially and economically disadvantaged individuals; or in ! the case of any publicly cwned business, at least 31 per i centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ! (ii) whose management and daily business operations are . controlled by one or more of such individuals. l l The contractor shall presume that socia!!y and ecenomically disadvantaged individuals include Black , Americans, Hispanic Americans, Native Americans, ; Asian-Pac.ific Americans, and other mincrities, or any j other individual Business found topursuant Administration be disadvantaged to section Sbya)(the Small of the l Small Business Act. l (d) Contr actor s acting in good faith may rely on k>ritt en ! j representations by their subcontractors regarding their st<;tus as a j small business concera or a small bus.' ness concern ow ned and controlled by socially and economically disadvantaged individuals. i
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(End of CJause)
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