ML20148R066

Contract: Evaluation of NRC Executive Development & Mgt Program, Awarded to Project Associates,Inc

ML20148R066
Person / Time
Issue date:	01/16/1981
From:	Raymond Gibson, Lebo C NRC OFFICE OF ADMINISTRATION (ADM), PROJECT ASSOCIATES
To:
Shared Package
ML20148R063	List: ML20148R066
References
CON-NRC-10-81-356 NUDOCS 8101290105
Download: ML20148R066 (38)

Text

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Project Officer: Mr. Richard A. Allen Material,s Cost S

90.00 Contract Specialist: Mr. Ronald Coleman l

l Type of Contract: Time and Materials

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REPMESENTATION$. CErl TIPtCAT!QNa ANO ACMNOWt.EOGMENT3 asen essa rA rims ici>= or comum.a w,casse em n notao I

Tlte olle We represents as cart of nos offor that

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SMA L SUSINFSS / Jew uer f 4 on SF JJ A J He es "' as not. 4 trnest busmete concern if offe'er *4 a smess businees concern and is not the manuf acturer of the wooties offered.

ne atto reores.nts tttet bl sussises to be fumrened nereurider/wHi, C wed not, be manufacturered or 11roduced by a smast *usmese concern I

in tfte United $t3tes

.8 possessions, of Puerto Rico.

2.

M6NGAITY BUSINESS ENTERPMISE

- He C it.[s not. a manority busonens enteronse. A minority busartees enterprisg is defined as a "bussness. 44 feest SC corcent of atteen et osened by minority *froue rner'toers of.in case of rtuetectv owned Dusenessee, at feest 51 percent of ttie stoca of wnicts is owned bymwiority youe morneers " For me oittoose of tnes defimtion, mmerity grous monders are Negroes. Soanesn soJaking Arnetican certons, American Orientais. Amencan indians. Amencan Eskimos. and American A4eurs.

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REGULAA DEALER - MANUFACTUAER (Aaptmaade on& to tuurt contnicts enceewmy 310.000.1 He es a C reguaar comes in C manutecturer of. the suppien of fored.

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CONT 1NGENT 9Et 13*enar. !$ on SF 23 AJ fa# He 2 nat.Mnes not. etnoieved or retained any company or persons lot /ter titars J /u//-rpme norra htJe emutove* wureury sodevy /or rne o#Ierors tes solicit or secure this contract and (bl no C nesMnes not, panJ or agreed to pay any comparty or person otner.*Maer. 4,/h trme sena har =rnoovver noraurej colory for tree 0//eror) any Iee, commessson. percentage, or oronerage f ee contmgent soon Or rvsultnisg Itom time award of than contra:t; ano afees to furnesti mformeteori refatioq to (al and tbt doove, as requested tv the Contractmg Of ficer (/,9ferere-tarren o/ the restenerstatro,s. oncludong rne term bons hoe eme,0yet." See CMfe of Federal Arquiertorts, l'o'cle 41, Zuonart ? I $.)

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TYPE OP BUSINESS ORGANIZATION He coereces as.~. an memdua#, C a partnerstuo.C a nonorotit orgamaanen.ga coronration, incorocrated ur+oer tne laws of tne State iw.s QYL,sHo c4 4,

AFPlWAT10N ANO ICENTIFYING 0 ATA (Anal,caote on& to adveressed schesrawns.J Eacn otterer stiaal comosete tal and (bl if tookcacie. and les below:

.(at He C is Yts not. owned or controlfeo by a carent comoeny. (Ser ver.16 0n SF 22 A.o (Di If tae offeref is owned or corttrolled by a parent comceny, ne mail enter in tne blocms tie #ow the name and maan off ace address of i

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EQUA&,O ATUNITY

!al He nas. C has not. participated in 4 oreveaus contract or succuitract suotect eitner to the Eausa Cooortumtv etause nerein or me clause onger nov conteweed m secnon 301 of Esecutwo car No.10925. or me clause conteined in Section 201 of Esecutw Orrte No.

)1114.tnetne ' nae. O nas not, filed at roouired comohance rwoorts: and inet reornenterions mdecatmg suornmaan of evouerse comoviance recorts, sogned av orocesso mocontractors. wed be coteened orvor to suocontract awarcs. t Tne aoove reoresentation need not ce suomitted m connection w.in comrects or awocontracts wn.cn are enemot fiorn ene eouse cooorrumsy clause i

sul The bander for offerort recrements tnet (11 ne C nee deeeecoed and nas ori hie. C has not devotooen and ooes not nere on Me, at f

eacn renenent othemat've non orograrne as reouired by me rulee and regulation, cJ ine Secretarv of t.aaor to t CFR 60 t and 60 25 or i

12) ne nas not oravsously nao contracts suolect to tne writtert af firmatsve action orograms reouwement of Ine rules anc regulatsen1cf fne f

Secretarv of L.ioor t the actree represerraesson snau or comos rett air eerve escoer for o//erors wnose erd to//ers es $50.000 or nore aren atsu os

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BUY AMtRICAN CERTIFICATE I

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CLE,AN ADR AND WATER (Acohtabte el tne Cod or offer onceeds $100.000,or rne contractue wsont aus onclefonote quantsty corttract on any year wrli exceed $100.000 ortreet or a facolory to be used has been me suotett of a conwetton urnelw the Clean Aw Act i<f2 Lt.5.C 18$7c.8(clil or tne fetteret Water tRotiutron Control Act or os not otherwr$0 enamot.) The bodder or offeror certshes as follows. protection Agency List of Violating Foolities.(al Atry fachty to be utshred ist the performance of ttus p se on the Environmental (b) 14e well prosnotly notify me contracting officer, prior to award.of the remot of any cornmumcation fr Federal Activities, Env'ronmental Protection Agency indicating met sny fachty wnien he proposes to om the Director. 0f hes of contract is under conaderation to be bited on the EPA hst of Viotarmg Fachties. rmance of the (ct 14e will metude substantiaHy this certification, including this paragraon (c), in every nonesemot subc act. 3, CERT 171 CAT 10N OP INDEPENDENT PftfCI DETERMINAT10N ISee per. If on SF JJ.Al fal av sucmission of this offer, me offeror certifies, and in the case of a tomt offer, eacn party enereto ce organstanon mat m connection with thes procurement: s to its oven cuepose of restristmg competition, as to any matter relatmg to sucn prices ment, for rtie (2) Uniets otherwise reousted riy taw, the prices wnech have coen cuoted in this offer have not De otterer anst well not kreuwmgly be disclosed my ene offeror orior to ooenmg m too case of an adver v disclosed by the care of a negotiated orncurement. directly or inds'ectiv to any otner offeror or to any cornoetitor; and i e of tw for that purpos's of restrictmg competition.(3) No attempt Mas been made or will be made ey the Suomat or not to submit an Ibl Eacri person signmg tnis atfer carril.es enat: (1) He is the person m tr's offe'or's orymtation responsible wornm that orgamration for the decision of fered merem and indt he nas not particroated, and est not carticoate, m any action contrary to (4H1) throu as to the crices temg (2) til He is not me person m tne orferor's orgmitation responsione withm that organsration for th .acove.or ctens offered herein cut mot ne nas been autnorized m wntmq to act as.amnt for the person e decmon as to the oreces suctt persons nave not carticipated and ws3 riot partrocate, m any action contrary to la)(1) rnrougn f moreoy so certify; are fut ne ties.iot partropated, arid wt44 not particoate,in any actson contrary to (al A CERTTF7CATCN Cl* NCNSEGREGATED FAC UDES hs phenote to It) conerners. (2) subcontracts arid 12) agreemorres ae o aco,ocants wroo are enemmtvee nortormweg ledererty assisted constructron contracts, earceeding $ omwoorts n/ the faual Cocortumty clause.) Sy me suomession of tnes Did, five oidcer, offeror, soolicant. or tu0 contractor certifies that he do emo60 sees any segregatec fac:litiett at any of n#s estachsnments, and (not n.e coes not cermet not em is {

oeanon now net contros, wnere sepegeted f achtaes are maeritamed. He certifies furtner tnat ne will not mamtam ny ees any negregated facanties at my of nst estachsernents and tnat he witt not corrmt ms employees to perform tneer serprj undar his.comrne, wnere.agr. gated fachties are mamtamed. The tneder, of f eror, acotecarit, or succoritractor ag vices at any locaten, tificatson is a veolation of tne Edual Croortumty creuse m mis contract. As used m ttus certification Irw te m '-

reacn of this cor. dresseng areas, careirig lots, drmtmg fountams, recreation or entertainmentany wait.nq ro tegregatea f achties" meus r emosov,es wmen are segregated my eachot directive or are m fact segregated on tne bases of racticolor r at nanit, tosat custom. or otnerwise. He 'urtner agrees mat text: sot erwre ne nas octamed identical certincatio origm. because suoCor* tractors for Icectic time periods) ne mil ootam iderstical Certtheations from proposed sueContractors orlor to the award af nuocontracts neeedmg 510.000 wmen. ire not exemot from tne orovisions of the Ecuas Cooortumtv etause: enat m certshcations m nes Nes. ano enat n suocontractors nave suomittee identicef certihcattorts for speche time pencost:e mil forwarc tne tottow tuen Moeies to provoestive subcontretters of recentement for certificapons of nonsegregated facHetee. A Caenfecatinn of Not. segregated Facilities must De tuormtted onor to me awero of 4 succontract escredm iremot from me crowneorts of the Ecual Coportumry cfause g $10.000 wmen is not The certshcation may be suomitted evener for seen succontract or for a+1 .uconntrects rturmg a pereed ti e cuarteriy. semiannuativ. or antmattvl. NOTE The penasty /or maemg faire u 1C.tcot Coritinued on Page 4 . cow r e i rs ACXN0Wt.EGGMENT OF AMENOMENTS .www., w g urt

• he onear scenewsmoges reemet of arriene.

i mems to io Seestaaen for arrere one reierew l 'seenarisme resinoeres orie celes as rosient .Q ([ i)ttret resust ser Forrn host faM staternertr1 ott offen s is cresfrsord,n lef J Z C !CQfaccurare and a;orrsu*ert triortrtetron as reousret? Qv m 4 manomt l'he nervattir Siemsene 8 oven ;J A age a.,8s i '~ = ~, - n --,m

i t NRC-10-81-356 Page 5 4 PART I Representations, certifications, and Acknowledgments - Continued SF-33 (Page 3) 5. W)MAM-0WNED BUSINESS The b siness is publicly Concem is 6 is not g a woman-owned business. 2 owned, a joint stock association, or a business trust / / yes g no. The ~ business is 6 certified 6 not certified. A woman-owned business is a business which is, at least, 51 percent owned, contmiled, and operated oy a woman or women. Controlled is defined as exercising the pcwer to inake policy decisions. Operated is defined as actively involvM in the day-to-day management. For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exemoted. Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this infomation is available. 6. PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), imediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percant is acceptacle). ) 7. MON-015CRIMINATION SECAUSE OF AGE CERTIFICATION (1-12.1001) 1 The offeror hereby certifies as follows: g (a) In the performance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the tems, conditions, or privileges of their employment, discriminate againsc persons because of their age except upon the basis of a bona f1de occupa-l tional retirement plan, or statutory requirement, ana [ (b) That contractors and subcontractors, or persons-acti.ng on their behalf, shall not specify, in solicitations or advertisements for i employees to work on Government cf.ntracts, a maximum age limit j for such employment unless the s;:ecified maximum age limit is l based on a bona fide occupational quali fication, retirement plan, j or statutory requirement. l 8. CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b)) The offeror / contractor certifies that recovered materials will be used as required by specifications referencec in the solicitaticn/ contract. + l j 4

i l NRC-10-81-356 Page 6 9. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I 7epresent to the best of my knowledge and belief that: The award to [#0TSd7' bSCC/MES /A/d. of a e act or the modification of an existing contract oces L,j or aces not involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1 ). If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the afforor shall provide a statement in writing which l describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer. If the Contracting Officer decemines that organizational conflicts exist, the foll'owing actions may be taken: (a) impose appropriate conditions which avoid such conflicts. (b) disqualify the offeror, or l (c) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 8 20-1.5411. The refusal to provide the representation required by 520-1.5404(b) or upon request of the Contracting Officar the facts required by 120-1. 5404 (c ), shall result in disqualification of the offerer for aware. The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offerar may also be disqualified from suosequent related NRC contracts and be subject to such other remedial actions cro-vided by law or the resulting contract. The offerer may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the stataments of work contained in an RFP unless the RFP specifically pronibits sucn exclusion. Any such proposed exclusion by an offeror will be consioered by the NRC in the evaluation of proposals. If the NRC considers the pro-posed excluded work to be an essential or integral part of the reouired work and its exclusion would worx to the detriment of the competitive posture of the other offerers, the proposal mus*: be rejected as unacceptacle. The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a mime informality, and the offeror will be pemitted to correct the omission. Any contract resulting from a sol fcitation requirement snali irclude general clauses (41 CFR 20-1.5404-1) pronibi ting contractors f -:m engaging in relationships which f.4y give rise to an actual or apoarent conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachmer.t No. i. ~ e ,v +.n.,- ,,.n,n.v.~ ,w..., ,.,.mn n

1 NRC-10-81-356 -Page 7 ' 10. COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding $100,000 except when: see Federal Procurement Regulation, Temporary Regula-tion 44 dated March 29. 1978). It has been determined by the Contracting Officer or his duly authori:ed-representative that this requirement is not in supoort of the national defense pursuant to 4 CFR 331,20(b). A. COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is el.igible to use the modified provi:fons of 4 CFR 332, and elects to do so. he shall indicate by checking the box below. i Checking the box below snall mean that the resultant contract is :ubject to the Disclosure and consistency of Cast Accounting Practices clause in. lieu of the Cost Accounting Standards clause. i The offerer hereby claims an exemption. from the Cost Accounting i dards clause under the provisions of 4 CFR 331,30(b)(2), and certifies that he is eligible for use of the Oisclosure and Consistency of Cost i Accounting Practices clause because (1) during his cost accounting period i innediately preceding the period in wnich anis procosal was succicted, j he receivec less than 510 inillion in awards of CAS coverad national defense prime contracts and succontracts, and (ii) the sum of sucn awaros i equaled less than 10 percent of his total sales during that c:st accounting l period. The offerer further car.iff as that if his~ status changes prior to i an award resulting from enis proposal, he will advise tna Contr'icting i Officer innediataly. J CAUTION: Offerers may not claim the above eligibility for modified contract coverage if this proposal 1: expected to result in the award of 1 a contract of 310 million or more or if, during eneir current cost l accounting period, they have been awarded a single CAS-coverso national i defense prime contract or subcontract of $10 million or more. 8. COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of 5100,000 resulting from this olici-l tation shall be subject to the reouirements of the clauses entitled i Cost Accounting Standards - Hondefense Contract (FPR ll-3.1204-2(a)). and Administration of Cost Accounting Standards (FPR 51-3.1204-1(b)) if it is awarded to a contractor's business unit enat is performing a l national cafense contract or suocontract wnicn is subject to c:st accounting standarcs oursuant to 4 CFR 331 at the time of awarc, excect i contracts whicn are otherwise exemot (see FPR 31-3.1203-2(a) sha (c)(4)). ) Othemise, an award resulting frem this solicitation snall be sucject to the requirements of the cicuses entitled Consistency of Cost Accounting Practices - Nondefense contract (FPR ll-3.1204-2(b)) and Acministration 4 of Cast Accounting Stancarcs (FPR 51-3.1204-1(hi) if the awaro is (i) the first negotiated contract over %00,000 in ena event the awarc is a contractor's business unit that is not perfarning under any CAS-covers: n.ational defense or nondefense contract cr succentr:ct, cr (ii) a negoti-ated contract over $100.000 in the event the award is t: a c:ntractor's business unit that i s parforming uncer any CA3-covered national cafense ] or nondefense contract ur subcontract. except contracts wnica are otner-j wi:e axemot (see F'R 11-3.i202-2(a) and (c)(4)). This solicitatica notice j is not applicable co small business concerns. i 1,. f

l 4 NRC-10-81-356 Page 8 l Certificate of CAS Applicability The offeror hereby certifies that: A. C It is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Staadards clause (4 CFR 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to cost accounting standards. - B. 6 It is currently performing a negotiated national defense or nondefense contract or subcontract that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331. clause in new negotiated natibnal defense contracts er subcentracts which it receives that are subject to cost accounting standards. C. 6 It is not performing any CAS-coverca national defense Or nondefense contract or subcontract.~ The offeror further certifies that it will imediately notify the Contracting Officer in writing in the event that it is awarced any negotiated nacional defense or nondefense contract or subcontract containing ar.y cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation. D. 6 It is an edu'cational institution receiving. contract awards suoject to FPR Subpart 1-15.3 (FMC 73-6, CMS Circular A-21). E. G It is a State or local government receiving contract awards sucject to FPR Subpart 1-15.7 (FMC 74-4, OMS Circular A-47). F. 6 It is a hospital. NOTE: Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition may be detennined by the Contracting Officer (at the time of award) to be exemot from cost accounting standards (FPR ll-3.120302(c) (4)(iv)). Additienal Certification - CAS Applicable Offerors ]ifying uncer 0. E, or F above, further certifies that practices G. The offeror, subject to cost accounting standards but not cert used in estimating costs in pricing this propost.1 are consistent with the practices discussed in the Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351). 4 e o e e e

NRC-10-81-356 Page 9 l Data Required - CAS Covered Offerers The offeror certifying under A or 8 abcve but not under 0. E, or F above, is required to furnish the name, acdress (1ncluding agency or department component); and telephone numcer of the cognicant Contracting Officer administering the offeror's CAS-covered contracts. If A above is checked, the offerar will also identify those currently effective cost accounting standards, if any, which upon award of the next negotiated national defense centract or subcontract, will become effective upon the offeror. Name of CO: Address: Telephone No.: Standarcs not yet applicaole: a 0 0 9 9 4 e t 4 6 b 6 9 9 e e e e

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NRC-10 81 356 Page 10

11. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCER CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIOUALS It is the colicy of the United States that small business concerns and (a) small cusi. ess ccncerns c.ned and centrol*ed by socially and ec:ncaically disadvantaced individuals shall have the maxinum practicable cpportunity to partici,5 ate in the performance of centracts let by any Federal. agency.

The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extant consistent with the efficient performan:e (b) The contractor further agrees to cooperate in any of this contract. studies or surveys that cay be conducted by-the Scall Business Administrati:n or the centracting agency which may be necessarv to determine the extent of the contractor's compliance with this cla'ase. he term "small business concern" shall maan a small (c) (1) business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promul?ated pursuant thereto. carm "small business concerns" cwned and controlled by (2) The ~ socially and economically disadvantaged individuals" shall me'an a small business conern--

1. which is at least 51 per centum owned by one or more socially and economically disadvantaged individual:;

or in th.e case of any publicly owned business, at least 51 per 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. The contractor shall presume that socially and economitally disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans,. Asian-Pacific Americans, and other minorities, or any ocner incivicual found to be disadvantaged by the Small Susiness Administration pursuant to section 8(a) of the Small Business Act. l Contractors acting in good faith may rely on written representations .(d) by their subcontractors as either a small business concern or a.-. small business concern owned and controlled by socially and ... economically disadvantaged individuals. L l ! 1 l ~ - - - - . ~.. - -... l ~. : T.fr.-. _ _ c;. . - ~ - - - -..~ _.___,.g;,,,,.,,_,_,,_,,,,,,,,..g_ "----,m_...' 2 <.5.~$ $ ii i ' $ $ ?. L 7 1 x d  % 7 d. # iU E "h'it. I . id[..~ :. - .:--.a -m. .o.,-- . ~. - -

l \\ i NRC-10-81-356 PART II Page 11 30uCf7ATION INSHfuCTIONS AND CONDmONS

1. OEFNHTIONS.

As used herein:

7. LATE Sifts. MOOlFICATIONS OF SiOS, OR WITHOdAWAL OF 380 8.

(a) The term " solicitation" monas invitation (oe Bids (IFB) where. (a) Any bid received a' the idre lesiegaard in the solicitatsen aber the procurement is advertseed, and Acquest for Proposal ( AFP) where the esait time sper 6ed for recents wdl nnt he conodered unless at is the ..nt is usted. (E). The term " r" means bid wkse & procuressent is advw. received before award is made and reiher Alth (calendar datt) It was sent by reItsstried ne certified mail not latre th tiend, and propenal where & pecurement is n pnce to the date speiiheit for the receipt ul bida (c) For pop of this solicitation and B2 2 of Standard Fosum (e.g., a bid submitted in rupe nse tii a wiiritanon requinns receipt of 33, the term advertised" inehades Smail Business Restricted Adwr. bide by the 20th of the month must here been rnaslec

• the 15th or tiesng and other types of resteseted advertising.

eariier)I or

2. PREPARATION OF OFFERS, (2) It was sent by resil (or ti-legram if authoriard) and it is (a) Ofesors are espected to enesusne the drowings, spe='a.-

determened by the Governaient that the late receipt wen due nedely to imahandling by the Governenent after receipt at the G-nt Schedule, and all instructions. Fadute te de se mil be an oderer's lastallation. nok. (b) Any tandincation o, withdrawal of a bid,s subiera to the saane (b) f.ach oferer shall furnish the intennasses requered by the i eencitation. The aderer shall sign the esticatessen and pnet or type condissons as in (ab above. A bid may aim be wi,thdrawn,in presen has name on the Schedule and each Comunmassen Sheet thereof anby a bidder or his autheriard repmentauve, provided his idenuty is made kaiown and he signs a mesps for the bid, but only if the with. which he raahes an entry. Erasures or other changes must be initialed drawal is raide prior to the cuart une set for receipt of bide by the poseen es the odee. OWere signed by an agent are to be (c) The only acceptable evidence to estabiiah: accompensed by of his autheney uniesa such eesdence has (I) The date of maaling of a late bid, read:Acation, or withdrawal l been previevaly furnsehed ae & insisens once. samt either regiated oe certi6ed med 's the U.5, Postal Service (c) Unit pnee for each uses ofered shall be shown and ansch price i shall include peching unites otherwise pended. A total shall be ente,,d h the envelope or wrapper and on the ongmal receipt on la the Asnount coeusum of the Schedule for each itsen odered. In caos cons the U.S. Postal Service. If neith<r pesansch shows a legible date. 1 of discrepancy between a unst price and estended pnce, the unit pnee the bid, modincation, oc mthdrawat shall be deemed to have been will b. presumed to be correct, subject, howowr, to correction to b wtee placed impression (enclusive of a postase meter machine impres. 'B. ailed late.,(The term "poumarP rnesas a pnnied, stamped. or other. name estent and in the samte runnner as any other rasssake. soon) that ts readily identsnable without further action as having been (d) O#ers for supplies or services other than these spec 6ed will nog 1 supplied and a#Raed on the date of raanhng t,r empioveet of the U.S. be conadered unless authorised by the solicitation. Postal Service. Therefore, oderors should request the postal clerk to (e) Oferot must siste a dennite tives for delivery of supplies o, place a hand cancellauen buil'agye "postmath" on both the receipt for p)erfonnance of serv,ces unlas odnerwier speeded in the solictation. and the ennlope or wrapper.) (I Tisse. if stated as a number of days, weil include $eturdays, . (2) The time of receipt at the Governenent instailan,on is the ' Sundays and holiders. tune.date staanp of such installation on the bid wrapper or other (g) Code bones are for Governseent use only, documentary evidence of receipt maintaaned by the instalisuon.

3. EXPLANATION TO OFFERORS. Any esplanatiosi desired by as (d) Notwithstanding (a) and (b) of this provisaan, a late roodiA.

} oderoe regarding the meassag er interpretauen of h noticitation, cation of an otherwise successful bid which makes its terme rnere 'i drawinen, gpeaacations, etc mest be requessed in wnting and with favorable to'h Government w11 be considered at any unne it is re. suecaent timme allowed for e reply to reach oderers before the sub. cerved and may be accepted. Note: The terio " telegram" includes ensalarame. masesoa.of their orfers. Orsi empleastions or instructione swen before W aweed od the contract will not be buiding. Any in(ennanon given R. LATE PROPOSALS, M00fFfCATIONS OF PROPOSAL.S. AND to a prospective orterer concernet a soisestation will be furntahed to WITHORAWALS OF PROPOSALS. all prospecuve oderers as as amendsment of the sedicatauen, il such informauen is necessary to oderers in subanettmar oders on the salicita. (a) Any proposal received at the otMee dessenated in the solicita. i tion or if the lack of such interinasian weisid be prejudicial to me. tion after W czatt tune spee6ed for receipt wdl not be considered l unless it is received before award is anade, andr informed oderers. l (1) It was sent by resistered or ceru8ed snail not later than the

4. ACNNOWLEDOMO(T OF AMEMOMOfTS 70 30UCITAfl0NS. 6fth calender day pnoe to tae date specined for recetyt of oders (e.g.,

Recespe of an =t..e to a sedicitaties by as adttor must be an oder submitted in reseos sw to a soliciastson requiring receipt of acknowledged (a) by ugning and returning the aliendonent, (b) en oders by the 20th of the rsonth must have been rnaaled by the ISth or eartier) i page three of Standmed Fare 33, or (c) by leteer er tedegremi. Sucin (2) It was sent by mail (or telegensa if authorized) and it is acamewisegument must bn reeereed preer to the hour and dess spoeiend detennened by W Government that the late receipt was due solely for receipt of oders, to ceashandling by the Governnnent after receipt as the Government

5. $USMSSION OF OFPERS.

instaastame; or (a) Oders and modiAcatione therwe( ehed be encioned in aseled (b)(3) It is the only proposal received. Any anodlAceuen of a propoemd, except a rnodiacation resulting envelopes and addressed to the asce speeded in the nodiettauon. The fross the Contracting Olnect's request for "best and Anal" oder,is sue. i ederoe shall sh*w the hour and ekte specaded in the sedicitat on foe 4 receipt, the esineatatsen f.usnher, and the nemme and address of the ject to the amene condiuono as in (s)(1) and (e)(2) as this provision. aderer on the fece of the envcope. (c) A rnedancation resulting from the Contractmg Of8cer's request (b) Telegraphie. oders will not be conadered unless authertand by for "best and Anal" oder received after the time and date spec 6ed in i the request will not be consedered unless reeerved before award and { the solicaauen; however, oders may be roodined or withdrawn by the late receipt is due soiety to maahandling by the Government after written or telegrechie nouce, provided such resttce is reerived pner to recWi9t at the Gover.irnent instaJlation. 4 the incur and date specAed ter receept. (However, ses paragreehe 7 (d) The oniv acceptabic evidence to establieht i and $.) i (c) Samplas of itanne, when required, rnuet be suksemitted wohis the (1) The date of mading of a late proposal oe modincation sent ( tarme specAed, and unless otherwies specided by the Govern cent, at either by regnatered or ceruned meal is the U.S. Postal Servwe poet. j enerk on both the envelope or wrapper sad on the original receipt from no empense to the Governament. !! not deoevoyed by tesung, sampies the U.S. Postal Seevwe. If neither postmark sinown a legible date, the will be returned at oderve request and empense, unless otherwise pr*9esad or roodincanon shall be deemed to have been maaled late. spec Aed by b eedicatasseus, jThe term "postmarlt" means a printed, stasaped, or otherwise, placed j

6. FAILURE TO SUSMIT OFFEN. If no oder is to be subrnisted da temprensson (ewelusive of a postage sueter enachine unpresason) that is nne return the solicitattun unless otherwise specned. A letter ne putt.

readily idenunable without further actaan as havene been supplice and l card shad be sent m the issusng osRee advising whether future suiir-aAmed on the date of madine bv employees of the U.S. Ponial Service. I Therefore, orTerors should request the poetaJ eterk to place a hand stauona Int the type of suppines or services covered by this intacitation are rienred. Failurn of the recipient in orTer, ne ta nou(y the issuing cameellation bestra eye "poetemark" on both the recespt and the envelope J once that future solicitannne are desired, may result in remmal yi er wrapper.) i the navne 94 such recipient from the maihng list for the type ul suppset (2) The tune of receipt as the Gourtnnient installation is the or services covered by the solicteauon. time.date starno of such notaJianon on the proposal wesoper or other documentary evioence of receipt meantaened by the instatinuon. 33 i 87A8' anno roses swnee, a - m. m et c n n t.a m i . et I I e e e F I

NRC-10-61-356 Pa e 12 (el Neewishwanding (a). (b), ansi (e), al thas preensiset. a lese W43), the Contreet Work Iluurs Standards Act e4 (J.Sn T!7130), ma-atase at se nahrewise eisnessini peepeant whark mehee its twee and ihr Service C,ontrars Act na 1980 (4I U.S.C %I li7) may I e more feversiele to time Guwenesent mil he cenaedered at any tisse it is ..inanted Innn the Deperiment nf 1.nluer, Washinste.n,1).u, 7tr! lit,.., receleed ease met he ascepted. frvan any reginnal Jre.4 that agency. Metsrese for ininematines niumsbl (f) Protamale me> he mahdrawn written er telegraphie noties include the meliruatime number, the names and address n( the issume recesved at any time firior to award, e may be w6thdrawn in asency, and a deernpth.e nf the supoilee ne servicce. pereen by ait odemt or leia authoriand representative, provided his identity b rnade. kn..wn and he signs a nceipt for the propeeni pr6er

13. SELLEWS INYO4CES. teseices chail be propend and submitted to award.

is quedeu te (ese copy shall be reathed original") unless other. Noes t The terus " telegram'* inclusies ramilgresas, wise spec tavoices shall contata the following informasieer Case Neue The alwenste late propensis, roodincatione el and tract and order nuenber (if any),itesa nwnbers, description of su les 1 withdrawals of preneen presenbod by 41 CFR . -2(tm) or services, siens, qur.etines, issut price, and estended totals. 81 of eheit be used i seu of proeimen I, il speciAed by the contract. lading number and weight of thigesent mil be shown for shipsnenes

9. Ot9 COUNT 5, made on Gewensnent beus ed Eng.

j (a) Notwithstanding the fact that a blank is provided for a ten (10)

14. SMAt,L SusiMESS CONCERN. A small bwinees enacern for the day ih,scount. prom st payinces dierounts o#md for payseest withia purpene of Governseent precuseveent is a concern, including its amli.

less than twenty (20) calendar dan will not he considered in evahe. stes, which is independently owned and operated, is not deeminame in aung udm for awant, unless othermee apectied in the solicitation. the Aeld of tion is widch it is subeutting oders on Government fewever, o#cred Jacounce of less than 20 dars wdl be tahea il pay. contracta, cam further qualsfy undet the entena concerness num. raent is maue withm the dessount pened, even though not coandered her of employese, aversav' annual receipts, or other critevia, as pre. in the evaluatinn of offres, sertbed by the 5 snail Businem Administratioss. (see Code of Federal (b) la commet tsom wish aav discount odered, time will be ensaputed Regulanona, T1 tie 13 Part 121, as aniended, which contains detaaled frese date of delivery of the supplin to carrier when delivery and industry desaitions and related Procedures.) acceptosics are at point u( origen. w from date of dehvery t<t deets. l nauon or port ni cimbaskauan when de6very and acceptance are at

15. CONTIMGENT FIE. If the odever, by checklag the apprepnate either of those pointe, or from the date correct invoece or voucher is b'sa provided therefer, has represented that he has employed or retained recesved in the ofGre spect(ed by the Govnnsment, if the latter date a core y or person (other thaa a full.4 tee bees Ade efeployee worb is laaet than date ed deliverv. Payteens is deerned to be made for the ing ly for the oderor) to solias or secure this contract, or that he purpose v( esame the discount un the date os mailiast of the Gewen.

has paid or agreed to pay any fee, casemmason, percentage, oc brokeage i nient chech-fee to any cosepany oc pereen contingent upon oc resulting freen the j

20. AWARO OF CONTMACT*

award W this menet, h shad furnah, in dupheau. a can@ StaM. and Forvu 119 Contractor's Statement of Continsent or Other Fees tf (a) The contract mil be awanled to that inpensible oderer wiso c orfesor has previously furnished a completed Standard Turm i19 to the oder confortnmt to the toh,eitauen will be most advantageous to the ofnce issuing this suliatation, he snar accorepany his nder with a signed Government. price and mher factors runsidurrd. staterment (a) indicannt when such comp 6cted fortn was prevmusly (b) The Governinent rewrvn. the naht to reie*t any oe all atten furnished, (b) idennfymg by number the previous solicitatian or con. and to waive informalitws and ininor irrrgulanoes in oders -eceived. tract, il say, in connection with which such form was subsuitted, and (cf The Covernment may accept any item or group of stems of any (c) represenung that the staternent in such form is applicable to this oder unlese the offeror nushAes his otfer by toenAt limitanons. UN. oder* LESS OTHERWISE PROVIDE 1) IN Tite SCHECULE, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN T!!OSE SPECIFIEDi AND T11K GOVERNMENT RE5ERVES '^ P*" " " '*"#

1. " I** " P*"'

THE RICHT TO MAKE AN AWARD ON ANY ITEM FOR A

• bua'nne poHcies of"me de To m anchn ewnen,"maa4 the UANTITY LESS THAN Tile QUANTITY OFFERED AT THE NIT PRICES OFFERED UNLES5 THE OFFEROR SPECIFIES Pennt mpany niust own at least a maanty Ones than M pem0 OTHERWISE IN HIS OFFER.

d the voung n@s in that coinpany. To contml anahn canpany, such

• • ""'h * "*' "9 "'d i II '""" '" '*" # *bI# ' ' ' * ' " I*

(d) A wntten award (or Acc'entante u( ONer) mailed for other. deterrmane, or veto basic businese policy dronons o( the oeTeror,"such' wise furnished) to the succese(ul orferor within the time for acceptance speu6ed in the oder shall be deemert tu result in a binding contract mthout further action by either par v. control may be escretsed through the use of dominant nunority votmg The following perngraphe (<) thisuch (h) apply only to nesetieted nghts. use M pmmy vatng, miractual arrangunents, w mherwue. solicitationst (e) The Government may accept wnhin the time stiecaded therein,

17. EMPLOYER'S IDtNTIFICATION NUMetR. (Applicable only is any odee (or part thereof, as provided in (c) above) whether or no, adnetteed solicstatione.) The ederor shall sneers in the applicable space there are nosonauens subsequent to its receipt. unless the oder is eth, on the orfer form, if he has ne parent cosipany, ha own E4mpiover's drawn by wnsten notare received by the Government prise to award.

Identiacation Numher (L.I. No.) (Federal Sacsal Security Nuseher If sweeequent negotiations are conducted, ita, shall not constatute a used on Emoioyce's Quarterly Federal Taa Return, U.S. Treasury rejecuan or countee oder on the part of the Covernaseen. Departnnent Form 941) er. if he has a pannt coenpany, the Empierw's (f) The nght is reserved to accept other than the lowest oder and IdentiAcee-Nussber o( has pm.ent cosapsey. te rejeet may of all oders. (g) The Covernment enay award a contract, based on innial o#ere

13. CENTIP1 CATION OP IMOEPENDENT PRfCE DETEReseNATION.

received, wit.hout diaeveson of such oders. Accordingly, each lait,ial (a) his certiacation on the oder form is not applicable to a foreign eter should be subenitted on the inese favorable *erms froen a pnes nderse subsmattina an oder for a concreet which requires pedormiance and techmacal Handposat which the ofertir ran subneet to the Cevern* or dcHverv eussede the Unsted States, is possessione. and Puerto Aleo. me t. (b) An oder will not be canadered for award where (a)(1), (a)(3), (h) Any Anancial elata subenitted with ans oder hereender oc any or (b) of the certancause has been deleted or modined. When (a)(2) nyresentauon conerrning faciliters or Anancing mil not (orin a part of the certtacation has been deleted or medided, the oder will not be of any resvinne contract; providert. however, that if the revuiting con. conesdered (or award unless the odcret listnishee with the oder a stened tract contasne a clause providing for price reducteun for defective cost staternent which u.4 forth in detal the etreusetianen o( the disclosure or pruing data, the enntract price mil be subjeft to reduction if cost and the head of the agenev, or his designee. cetermines that such die. or pricing data furmehed hereunder is wrorsph

• insecurare, or not closure was not made for the purpose of ruttxtuig ennepention.

curren t, j

11. GOVERNMENT FURNISMED PROPERTY. ?.. maserial, tehne. o,

19. ORDER OF PRECEDENCE. In the ewns of an inconmetency be.

facilstace wsil be furnuned by the devernment unless otherwise pro. tw"n Pr8'lasons of the soJicitauen, the incunnstency shaal be resolved v6ded for in the selientauen. by gtving precedence in the foHowing orders t al the Sshedule: (b) Solicatanon Insarucuona and conditional (c) Genemi Provimiens; (d)

11. UBOR IN90Rt4ATION. Cenceal inlonnation regardias the re.

other previuone of the contract, whether meerporatesi by nference or quirernents of the Waleh Healey Puolic Contracts Act (44 U.S.C. otherwise and (e) the spec 6 cations, svamosan rosses ma seen gines 14ue euea w==.,an een.,u.e.,, l l l 0 w

b i k' b l NRC-10-81-356 ) PART 11 Page 13 J l SOLICITATION If4STRUCTIONS AND CONDITIONS (Continued) Note the following substitutions of the paragraphs listed in the SF-33A. Paragraph 10 (a) on page 2 of the SF-33A is hereby deleted..Paragrapn No. j' 1,9 on page 2 of the SF-33A is hereby deleted in its entirety. i 1 1. LEVEL OF EFFORT l The NRC's estimate of the total of scientific, technical, and clerical effort for this project is approximately twenty (20) days.This information is advisory and is not to be considered as the sole basis for the development of your staffing plans. You must detail how you intend to accomplish each objective covered herein. 2. TYPE OF CONTRACT It is contemplated that a time & materials type contract will be awarded; however, the Government reserves the right to negotiate and award whatever type contract is determined to be most appropriate. In addi-tior to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected offeror's organization and type contract awarded. Any additional clauses required by Public Law,' Executive Order, or proc.urement regulations in effect.at the time of execution of the proposed contract will be included. 3. PERIOD OF PERFORMANCE / SCHEDULE The Government estimates that the work hereunder including preparation and suomission of the final report, shall be completed within one (1) year. 4. ACCEPTANCE PERIOD 8ecause of the time required by the Government to evaluate proposals adequately, offerers are requested to specify a proposal acceptance period of not less than 90 days. 5. ANTICIPATED AWARD OATE It is anticipated that an award under this solicitation shall be made by November 30, 1980. 6. COST OF PROPOSAL PREPARATION This solicitation does not commit the Government to pay any cost for the preparat. ion and submission of a proposal or for necessary studies ,or designs for the preparation thereof; or to procure or contract for the articles or services shown under Part III herein. .r. 9 .s.., ..--.,,.s..--.--.v,,,, ,.w. ..,w. m -._,..m..,.w.,,. ...m+

l NRC-10-81-356 Page 14 7. INDIVIOUAL(S) AUTHORIZED TO NEGOTIATE _ The prospective offeror will list the name(s) and telephone number (s) of the person (s) authorized to conduct negotiations on the " Proposal Summary and Data Sheet" (see Part IV. Attachment No. 4) which is to be submitted with each proposal. Offerors are cautioned that the person signing the proposal must have' the authority to commit the offeror. 8. PROPOSAL

SUMMARY

AND DATA SHEET (See Part IV, Attachment No. 4) A completed " Proposal Summary and Data Sheet" shall be submitted with each copy of the proposal. 9. RFP IDENTIFICATION Mailing envelopes should be marked with the RFP number, the RFP closing date, and the notation: "D0 NOT OPEN IN MAIL ROOM." Also, include the RFP number ih your cover letter and on each page of your proposal. 10. AWARD NOT!FICATION All offerors will be notified of their selection or nonselection as toon as possible. Formal notification of nonselection will not be made until a contract has been awarded. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government (i.e, the NRC) to expenditure of public funds in connection with this procure-mant. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technicai personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate th? NRC contractually. Informal contractual commitments include such actions as: encouraging a pot'ential contractor to incur costs prio'r to a. receiving a contract, b. requesting or requiring a contractor to make changes under a contract without formal contract modifications, encouraging a contractor to incur costs under a cost-reimbursable c. contract in excess of those costs contractually allowable, and = r t-rw,

NRC-10-81-356 Page 15 ) d. consnitting the Government to a course of action with regard to a potential contract, contract change, claim, or dispute. ~ 11. DISPOSITION OF PROPOSALS After award of contract, two (2) copies of each unsuccessful proposal will be retained by NRC's Division of Contracta and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed. This notification should appear in any cover letter accompanying the proposal. 12. NOTICE OF PROPRIETARY INFORMATION a. Notice of Proprietary Infcemation - Offerers are advised that those portions of the Proposal which are considered to be propri-etary shall be so identified.. In the event the offeror fails to indicate on the title page uU each sheet of the proposal what portions of the proposal are proprictary, the NPC assumes no liability for disclosure or use of unmarked technical data and may use or disclose such data for any purpose. The clause set forth in paragraphs b. and c., below, shoulo be utilized by the offeror in marking his proposal. b. Use and Disclosure of Data - Freedom of Information Act Requests "This data shall not be disclosed outside the Government and shall not be duplicated, used, or discloseo in whole or in part fer any purpose other than to evaluate the proposal; provioed that if a contract is awarded to this offerar as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the Government's right to use information contained in the data if it f% obtainable from another source without restriction. The data subject to this restriction is containec in sheets Our failure to mark the proposal with a legeno or otnemise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that the contents of the Technical Proposal may be released, disseminated, or othemise disclosed by the NPC pursuant to a Freedom of Information Act request." c. Moreover, each sheet for which the offeror desires to restrict disclosure shall be marked with the following legeno: "Use or disclosure of proposal data is sduject to the restriction on the title page of this pi Tosal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with E..emp'. ion 4 nf the Freedom of Information Act."

NRC-10-81-356 Page 16 13. PROPOSAL PRESENTATION AND FORMAT Proposals will be typewritten or reproduced on letter-size paper a. and will. be legible in all required copies. Unnecessarily elab-orate brochures or other presentations beyond that sufficient to preser.t a complete and effective proposal are not desired and may be construed as an indication of the offeror's lack of cost con-sciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary nor desired. Legibility, clarity, and completeness are important. b. Proposals in response to this Request for Proposi ' l be sub-mitted in the following three (3) separate and f

t parts:

(1) One (1) original. signed copy of this soli on pachge. All applicable sections must be completed e offeror. (2) One (1) original and two (2 ) copies of,. ' Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business Manacement Recuire-ments." (3) One (1) original and two (2) copies of the " Technical Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, Technical prooosal Content." Each of the parts shall be separate and complete in itself so that evaluation of one may be acccmplished independently of evaluation of the other. All documents submitted shal1 have a cover page with the identifying RFP title, the solicitation number, and name of the offeror. NOTE: If your records are currently under audit cognazance of a Government audit agency, the address and telephone number of that office should be furnished on the "Proposai Sumary and Data Sheet." One (1) copy of the solicitation package, Technical Proposal, and Cost Proposal shall be submitted by the of#eror to tne cognizant audit agency concurrent with the submittal of tne proposal to the NRC. 14. BUSINESS MANAGEMENT REOUIREMENTS a. Cost Procosal The offeror should utilize the Optional Form 60 Contract Pricing Proposal (Research anC Development), in submitting the Cost Proposal. Offerers may, however, submit the necessary information in a different fonnat where the. offeror's accounting system makes use of the form impractical, or when required for a more effective and efficient presentation of cost information. In either Ustance, l the information furnished shall include pertinent details sufficient to show the elements of cost upt.; which the total cost is predicated. i v .~...me m-, r- ~~,. -.n.,

NRC-10-81-356 Page 17 i i Cost will be evaluated on reasonableness, validity, and. reli-ability. The " Cost Proposal" must include, but is not limited to, the following: t Material - A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost. Labor - The basis for the estimated hours broken down by category and task, and the source of labor rates. Level of effort data shall be expressed in man-hours. Indirect Cost - The source and basis of determination of all indirect costs. I r Travel - The breakdown of all travel by trips, segregating all transportation and per diem costs. Copy of the official Government approval of the offeror's travel policy, if granted, or in lieu thereof, a copy of the offeror's travel policy. f NOTE: In the absence of a Government approved contractor travel policy, the prevailing Federal Travel L gulation rates and the clause entitled, t " Travel Peimbursement" in Part III shall apply. Other - The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizant Government audit agency. b. Management The management aspects shall include, but not be limited to, the fallewing and any data pertinent thereto: (1) Project scheduling and contingency planning demonstrating a 3 logical progression and integration of the tasks to insure completion within the performance period and without program slippage. 4 (2) Management organi:ational structure delineating areas of respon-sibility and authority under the proposed effort. Cescribe the relationship of the project organi:ation to corporate management and to subcontractors, if any. Discuss the functions and author-ities of the project manager, j (3) Procedures to periodically review in-house organi:ational func-i tions, program reviews and controls and subrequent coordination with the NRC. I 1

NRC-10-81-356 Page 18 (4) Management controls expected to be utilized to preclude a con-tract cost growth. c. Manoower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror. If any of the. personnel are under comitment, describe the terms of the comit-ment (s). Note specifically.the personnel that will be on board subject to a contract award. d. Consultants Explain the need for consultant services. List proposed consultants if known by name. For each list show (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem. Such fees may not be paid to employees of the contractor or to employees of the U. S. Government. e. Subcontractors If the offerer plans to subcontract &ny of the work to be performed,- list proposed subcontractors if known by name. Provide a detailed breakdown of specific work to be subcontracted and the approximate cost involved. f. Labor Surolus Area Procram Recuirements In keeping with the Federal Labor Surplus Area Program, the offeror is required to provide information on the general economic conditions of the area in whii:h subcontractors are located, exact location of sub-contractors (state, city, county), and the unemployment rate for the area, if known, i g. Additional Facilities or Procerty In the event the offerer contemplates acquiring additional facilities or property in the performance of this work, such facilities or prop- ) erty shall be separately identified. j h. Other Contractual Comitments j The offerer shall list any comitments with other organizations, Governmental or private, and indicate whether thete comitments will or will not interfere with the completion of work and services co-templated under this proposal. e e 4 e e

HRC-10-81-356 O p' Page 19

)

15. TECHNICAL PROPOSAL CONTENT l

The Technical Proposal shall not contain any reference to cost. Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the Tech-nical Proposal so that the offeror's understanding of the scope of work may be evaluated. The offeror shall. submit with the Technical Proposal full and complete information as set forth below to permit the-Guvernment to make a thorough evaluation and a sound determination that the proposed approach will have .a reasonable likelihood of meeting the requirements and objectives of this procurement in accordance with the evaluation criteria set forth in this Part II under the paragraph entitled, " Evaluation of Proposals." statements which paraphrase the scope of work without connunicating the specific innovation proposed by the offeror or statements to the effect that i' the offeror's understanding can or will comply with the scope of work may be construed as an indication of the offeror's lack of understandinc of the scope of work and objectives. The Technical Proposal shall set forth as a minimum the following: a. Discussion of the scope of work requirements to substantiate the offeror's understanding of the. problem and his proposed method of approach to meet the objective. b. Discuss, of the Offeror's experience in the areas soecified in this solicitation. Include the contract numbers and Government points of contact. c. Include resumes for all professional personnel to be utilized in tne performance of any resulting contract. Include educational background, specific pertinent work experience and a list of any pertinent publica-l tions authored by the individual. d. Discuss support personnel and facilities availaoie to assist the profes- . sional personnel. i Identify the " Key Personnel," and for the person (s) so identified, specify e. the perceatage of time currently connitted to other projects over the course of the proposed contract period of performance. r, Statements of any interpretations, requirements, or assumptions made 'l by the offeror. i 1 a, ..m.

..w.a .J.. NRC-10-81-356 Page 20 CONTRACT AWARD AND EVALUATION OF PROPOSALS By use of numerical and narrative scoring techniques, proposals will be a. evaluated against the evaluation factors specified in the paragraph below. These factors are listed in their relative order of importance. Award will be made to the offeror (1) whose proposal is technically acceptable and (2) whose technical / cost relationship is most advantageous to the Government; and who is considered to be responsible within the meaning of Federal Procurement Regulation 1-1.12. Although technical merit in (list technical evaluation criteria) will be factors in the evaluation of proposals, cost will be' the more significant factor in the selection of a contractor. To be selected for an award, the proposed cost must be realistic and reasonable, b. The Government reserves the right without qualification, to accept or reject any or all proposals, to negotiate with any and all proposers regardless of the terms of the original proposal, and to request addi-tional clarifying information either throagh written information or through conference with the proposers. All proposers are notified that award may be made without di'scussion 0f proposals and, therefore, proposals should be submitted initially on the most favorable terms, from a cost and technical standpoint, A separate cost analysis will be performed on each ccst proposal. c. To provide a common base for evaluation of cost proposals, the level of effort data shall be expressed in man hours. d. In making the above determination, a best-buy analysis will be performed taking into consideration the results of the technical evaluation, cost analysis, and ability to complete the work within the Government's required schedule. { Proposals will be evaluated in accordance with the following weighteo e. 1 factors, Ifsted in the order of their relative importance: Weights (Based on 100 Points) e a e e i

NRC-10-81-356 Page 21 EVALUATION CRITERIA, 1. Educational background and currency of knowledge in the area of Executive and Management Development (25 points). 2. Experience in providing agencies or companies most senior level management, management consultation in the areas of executive and . management development (25 points). 3. Experience and association with government agencies and private sector firms (25 points). 4. Freedom and availability to respond to the needs of this contract and the specific needs of NRC (15 points). 5. Knowledge and understanding of the development of NRC'resulting in its current organization and regulatory activities and functions (10 points). O n

• e e

e e

NRC-10-81-356 PART.III Page 2Z CONTRACT SCHEDULE ARTICLE'!'-STATEMNTOFWORK 1. Introduction and Background The Civil-Service Reform Act requires agencies to implement extensive' programs for the development of managerial and executive personnel. These requirements include developing feeder programs for entry into s managerial positions, management development programs, programs.to certify entry into the Senior Executive Service and pt ograns for incumbent Senior Executive Service Personnel. Regulations and. guidelines for implementing the Civil Service Reform Act are provided by and iss Jed by the Office of Personnel Managament. 2. Contract Object To provide NRC with cpert advice and counsel in implementing the various reculations issued by the Office of Personnel Management into a comprehensive, cost effective, program specifically directed to meet the unique needs of the Nuclecr Regulatory Commission. 3. Scope of Work The contractor will review and analyze NRC's progress in developing ~ and implementing bo'

utive and management development programs in accordance with i.

, rules and regulations. The additional reviews and discussier with the Ofrector,tianagement Development and . Training Staff will make it possible to (1) anticipate and identify probleus in the implementation of SES-related programs and other executive management activities; and (2) make the correct recommenda-tionsto senior management for specific actions to correct and facilitate implementation of an Executive tianagement Development Program throughout NRC. 4. Contract Tasks The contractor will review studies, program proposals and federal regulations and hold discussions with the Director, Management Development and Training Staff; and mettbers of the NRC Executive Development Comittee and senior managers, as appropriate, to evaluate NRC's progress in developing and complementing Executive and Management Development Programs. Based upon the contractor's review and analysis of NRC's progress in developing and implementing both Executive and Management Development Programs, the contractor will (1) provide the Director, Management Development and Training Staff, with recommendations and/or evaluations of NRC programs and policies, (2) identify problems in the implementation of these programs and (3) recomend specific actions to correct and facilitate implementation of an Executive and fianagement Development Program throughout NRc. Twenty (20) man-days are required to comolote these tasks. a-3 ,w -e +r--fe e-C

l i l sei. NO, of DOC. tilMG CONID. PAGE [ C8 [ l $ FAN 0Ato PCFAL 34, M1' 1964 0:~itu sitviers ie-~,srunoN CONTINUATION SHEET NRC-10-81-356 23 l-tro, PtoC. tao. (41 Ctt) 1 14.105 mW of ctrison ce cowit4Cfoe af t).L NQ. $yPPtit$ / $ ttYtCIS QVANilfy UNIT UNff PatC2 A#C. '.T 1. The Contractor shall provide on-cal' advice and counsel as. detailed in the Statement of Work. 2. Materials at cost plus overhead: a. Material Cost: ~ ~ b. Overhead at-- _'--""1 ~~ 3. On-Call Rates Est. 9 HR ) of H.'s. Per Hour (comprised of base rate, overnead expense and Per Year profit) 160 Total Cost $12,150.80 I i I i s i l i I l 9 I f . e, L (*."rv 19% m LAT F A Uv'TllM3 CFFcf*t : 58 ft O e 64 D.T

l l NRC-10-81-356 Page 24 0 ARTICLE II-SU8 CONTRACTS FOR WORK OR SERVICES No contract shall be made by the Contractor with any other party for furnishing any of the work or service hereunder contracted for without approval of the Contracting Officer or his Authorized Representative, but this provision will not be taken as requiring the approval of j contracts of employment ~between the Contractor and personnel assigned for services hereunder. ARTICLE,,III-PAYMENTS Payment-; shall be made'in accordance with Clause 7 of the General Provisions entitled Payments" and as follows upon the submission of property certified invoices or vouchers approved by the Contr&cting Officer or his Authorized Representative. e l

l NRC-10-81-356 Page 25 ARTICLE III -Payments Continued (a) Hourly Rate (1) The amounts' computed by multiplying the appropriate hourly rate, or rates, set forth in the Schedule by the number of direct labor hours performed, which rates shall include wages, overhead, general and administrative expense and profit. Franctional parts of an hour shall be payable on a prorated basis. Vouchers may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer), to the Contracting Officer or his designee. The Contractor will substantiate vouchers by evidence of actual payment and by individual daily job timecards, or such other substantiation approved by the Contracting Officer. Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in the contract, and subject to the provisions of (e) below, make payment thereon as approved by the Contracting Officer. (2) Unless otherwise set forth in the Schedule, five percent (5%) of the amount due under this paragraph (a) shall be withheld from each payment by the Contracting Officer but the total amount withheld shall not exceed $50,000. Such amounts withheld shall be retained until the execution and delivery of a release by the Contractor as provided in paragraph (f) hereof. (3) Unless provisions of the Schedule hereof otherwise specify, the hourly rate or rates set forth in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates will be negotiated. Failure to agree upon these overtime rates will be treated as a dispute under the " Disputes" clause of this contract. If the Schedule provides rates for overtime, the premium portion of those rates wn ce reimbursable only to the extent the overtime is approved by the Contracting Officer. (b) Materials and Subcontracts (1) Allowable costs of direct materials shall be determined by the Contracting Officer in accordance with Section 1-15 of the Federal Procurement Regulations in effect on the date of this contmet. Reasonable and allocable material handling costs may be included in the charge for material to the extent they are clearly excluded from the hourly rate. Material handling costs are comprised of indirect costs, including, when appropriate, General and Administrative expense, allocated to direct materials in accordance with the Contractor's usual accounting practices consistent with Section 1-15 of the Federal Procurement Regulations. The Contractor shall be reimbursed for items and services purchased directly for the contract only when cash, checks, or other forms of actual payment has been made for such purchased items or services.

NRC-10-81-356 Page 26 Direct materials, as referenced by this clause, are defined as those materials which enter directly into the end product, or which are used or consumed directly in connection with the furnishing of such product. (2) The cost of subcontracts which are authorized pursuant to the " Subcontracts" clause hereof shall be reimbursable costs hereunder, provided such costs are consistent with subparagraph (3) below. Reimbursable cost in connection with subcontracts shall be limited to the amounts paid to the subcontractor in the same manner as for items and services purchased directly for the contract under subparagraph (1) above. The requirement of payment for reimbursement shall not apply to the Contractor who is a small business concern. Reimbursable costs shall not include any costs arising from the letting, administration, or supervision of performance of the subcontract, which costs are included in the hourly rate or rates payable under (a) (1) above. (3) The Contractor shall to the extent of his ability, procure materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials, and take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of such benefits, it shall promptly notify the Contracting Officer to that effect, and give the reason therefor. Credit shall be given to the Government for cash and trade discounts, rebates, allowances, credits, salvage, the value of resulting scrap when the amount of such scrap is appreciable, ccmmissions, and other amounts which have been accrued to the benefit of the Contractor, or would have so accrued except for the fault or neglect of the Contractor. Such benefits lost through no fault or neglect on the part of the Contractor, or lost through fault of the Government, shall not be deductec from gross costs. (c) It is estimated that the total cost to the Government for the performance of this contract will not exceed the ceiling price set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs which will accrue in the performance of this contract in the next succeeding thirty (30) days, when added to all other payments and custs previously accrued, will exceed eighty-five percent (85%) of the ceiling price enen set forth in the Schedule, the Contractor shall notify the Contracting Officer to the effect giving his revised estimate of the total price to the Government for the performance of this contract, together with supporting reasons and documentation. If at any time during the performance i of this contract, the Contractor has reason to believe that the total price to the Government for the performance of '.hi, contract will be substantially greater or less than the then steed ceiling price, the Contractor shall so notify the Contracting Officer, giving his/her i

NRC-10-81-356 Page 27 revised estimate of the total price for the performance of this contract; together with supporting reasons and dramentation. If at any time during the performance of this contrae.c. the Government has reason to believe that the work to be required in the performance of this contract will be substantially greater or less than the stated ceiling price, the , Contracting Officer wi11 so advise the Contractor, giving the then . revised estimate of the total amount of effort to be required under the contract. (d) The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling price set forth in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer shall have notified the Contractor in writing that such ceiling price has been increased and shall have specified in such notice a revised ceiling which shall thereupon constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price prior to the increase shall be allowable to the same extent as if such hours expended and materials costs had been incurred after such increase in the ceiling price. (e) At any time or times prior to final payment under this contract the Contracting Officer may cause to be made such audit of the invoices or vouchers and substantiating material as shall be deemed necessary. Each payment theretofore made shall be subject to reduction to the extent of amounts which are found by the Contracting Officer not to have been properly payable, and shall also be subject to reduction for overpayments, or to increase for underpayments, on preceding invoices or vouchers. ~ Upon receipt and approval of the voucher or invoice designateo by the Contractor as the " completion voucher" or " completion invoi W and substantiating material, and upon compliance by the Contractor with all provisions of this contract (including, without limitation, provisions relating to patents and the provisions of (f) and (g) below,) the Government shall as promptly as may be practicable pay any belance due and owing the Contractor. The completion invoice or. voucher, and substantiatin material, shall be submitted by the Contractor as promptly as may be' g practicable following completion of the work under this contract, but in no event later than one (1) year (or such longer period as the Centracting Officer may, in his discretion, approve in writing) from the date of such completion. (f). The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a conditica i precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all ~ liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions-l i l

NRC-10-81-356 Page 28 (i) specified claims in stated amounts, or in estimated amounts where the amounts are not susceptible of exact statements by the contractor; J (ii) claims, together with reasonable expenses incidental thereto, based upon the liabilities of the Contractor to third parties i arising out of the performance of this contract, which are not i known to the Contractor on the date of the execution of the i release, and of which the Contractor gives notice in writing to the Contracting Officer not more than six (6) years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier; and (iii) claims for reimoursement of costs (other than expenses of the Contractor by reason cf its indemnification of the Government against patent liability), including reasonable expe9ses incidental thereto, incurred by the Contractor under the provisions of this contract relating to patents. (g) The Contractor agrees that any refunds, rebates, or credits (including any interest thereon) accruing to or received by the Contractor or any assignee, which arise under the materials portion of this contract and for which the Contractor has received reimbursement, shall be paid by the Contractor to the Government. The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits (including any interest thereon) in form and substance satisfactory to the Contracting Officer. ,,,,3

NRC-10-81-356 Page 29 1 i (h) Cost Information The Contractor shall maintain current cost information acequate to reflect the cost of performing the work under this ccntract at all times while the work is in progress, and shall prepare and furnish to the Government such written estimates of cost and information in support thereof as the Contracting Officer may request. (i) Records The Contractor shall keep and maintain records and books of account which show accttrately, and in an adequate manner, the basis for receiving compensation under this contract. The Contractor shall preserve said records and books af account for a period of three (3) years after the date of final payment under this contract. The Commission shall at all reasonable times, prior to and after the date of final payment under this contract, have the right to examine and make copies of such records and books. (j) CONTRACT CEILING The contract cost ceiling for performance of work under this contract has been established at 512,050.80 Such ceiling may be increased by the Contracting Officer at his/her discretion from time to time by notice to the Contractor in writing. The Contractor shall promptly notify the Contracting Officer in writing whenever it believes that the cost ceiling is insufficient. When and if the amount (s) paid and payable to the Contractor under the contract shall equal the contract cost ceiling, the Contractor shall not be expected to perform further unless the Contracting Officer increases such ceiling in an amount sufficient to esar additional-work thereunder. The Government shall not be obliged to pay the Contractor any amount in excess of such ceiling. If and to the extent that such ceiling has been increased, any cost incurred by the Contractor in performance in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling. ARTICLE IV CONTRACTING OFFICER'S AU10RIZED REPRESENTATIVE (COAR) The Contracting Officer may desicaate an Authorized Representative (C0AR) for the purpose of asst; ring that services required under this contract are ordered and delivered in accordance therewith. Such representative as may be appointed will be specifically designated in writing to the Contractor from the Contracting Officer, including the extent of t,uch designee's authority. ARTICLE y ORDERING (a) The Contractor shall accept oral orders under this contract placed by the Contracting Officer or the Contracting Offb.er's Authorized Representa ti ve. Orders may be issued under this contract from the offective date of contract through the performance period of the contract. l )

NRC-10-al-356 Page 30 l (b) All orders issued hereunder are subject to the terms and conditions' of this contract. The contract shall control in the event of conflict with any order. (c) When an oral order is placed, a written order shall be " issued" to confirm such for purposes of this contract at the time the Government telephonically contacts the Contractor. A copy shall be forwarded to the Contractor, the Contracting Officer and the COAR. (d) Invoices covering items provided at cost will be subject to audit by the cognizant audit agency and payment will be made in such amount as is detennined to be due and owing. ARTICLE VI8ILLING INSTRUCTIONS General The Contractor shall submit vouchers or invoices as prescribed herein. Form Claims shall be submitted on the payee's letterhead, invoice or on the Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personal," and Sta">dard Form 1035 "Public Vaucher for Purchases Other Than Personal -- Continuation Sheet." These forms are available from the Government Print-ing Office, 710 North Caoitol Street, Washington, DC 20801. Number of Copies and Mailina Address An original and six (6) copies snail ce suomittec to NRC offices ioentified below. Frecuency The Contractor may submit monthly invoices or vouchers in fixed amounts to be agreed upon by the Contractor and the Contracting Officer prior to award of a contract hereunder, j i Precaration and Itemization of the Voucher The voucher shall be prepared in ink or typewriter (without strikeovers) and corrections or arasures must be initialed. It must include the following: (a) Payor's name and address. (1) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting, Office of the Controller, Attention: GOV /COM Accounts Section, Washington, DC 20555. (14) Address 2 copies to: 'J.S. Nuclear Regulatory Commission, Attention: E.L. Halman, Director, Division of Contracts, Washington, DC 20555. (ii) The origiral copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer. (b) Voucher number. (c) Date of voucher. (d) Contract number and date.

t l e NRC-10-81-156 Page 31 j (e) Payee's name and address. (Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then' insert the name and address of the payee.) (f) Description' of articles or services, total amount. (g) Final invoice marked: " FINAL INVOICE" Currency Billings may be expressed in the currency normally used by the :entractor in maintaining his accounting records and payments will i be made in that currency. However, the U.S. dollar equivalent for all i 1 invoices paid under the contract may not exceed the total U.S. dollars autnorized in the contract. i I 1 -_.. ~.,.., -... - _ ~,... -.

NRC-10-81-356 Page 32 ARTICLE VII - PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION A. Except as specifically authori:ed by this contract, or as otherwise approved by the Contracting Officer, records or other infomation, documents and material furnished by the Comission to the contractor in the performance of this contract, or information developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract. The contractor shall, upon completion or termination of this contract. transmit to the Comission all records or other information, documents and material, and any copies thereof, furnished by the Commission to the contractor or developed by the contractor in the performance of this contract. B. The contractor shall be responsible for safeguarding from unauthori:ed dis-closure any information or other documents and material exempt from public disclosure by the Comission's regulations and made ayailable to the con-i tractor in connection with the performance of work under this contract. The contractor agrees to confom to all regulations, requirements, and directions cf f.hc Comission with respect to such material. C. The contractor's duties under this clause shall not be construed to limit or affect in any way the contractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material. ARTICLE VIII 1 - KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work nereunder and shall not i be replaced withcut the prior approval of the Contracting Officar. In such event, the contractor agrees to substitute eersons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer. Dr. Gordon L. Lippitt ARTICLE IX - TECHNICAL DIRECTION l A. Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE of this contract. The term " Technical Direction" is defined to include the following: 1. Technical direction to the contractor which shif ts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of wort. i 2. Providing assistance to the contractor in the preparation of drawings, specifications or technical portions of the work description. 3. Review and where required by the contract, aoproval of technical l recorts, drawings, saecifications and technical information to be delivered by the contractor to the Government under the contract. l l

NRC-10-81-356 Page 33 8. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which: 1. Constitutes an assignment of additional work outside the general scope of the contract. 2. Constitutes a change as defined in the clause of the General Provisions, enti tled " Changes. " 3. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for - contract performance. 4. Changes any of the expressed terms, conditions or specifications of the contract. C. ALL TECHNICAL 0IRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONF:RMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORXING DAYS AFTER VER8AL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer. The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article. If, in the opinion of the contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working oays after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise the contractor in writing that, ir, the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause. .0. Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's performance, and may even result in the contractor expending funds for unallowable costs under the contract. E. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clausa entitled " Disputes."

NRC-10-81-350 Page 34 ARTICLE X - PROJECT OFFICER Richard A. Allen -is hereby designated as the Contracting Officer's authori:ed representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or diiFute arising under the contract; or issue any unilateral _ directive whatever. The Project Officer is responsible for: (1) monitoring the contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance. Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for ,olies, services required under the contract. The Contracting Officer is resptwible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract. For guidance from the Project Officer to the contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not constitute new assigr. ment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.

NRC-10-81-356 Page 35 ARTICLE XI - CONFLICT OF INTEREST (a) Purpose. The primary purpose of this article is'to aid in ensuring that the contractor: (1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of _its performance of this contract. (b) Scope. The restrictions descriM1 herein shall apply to performance or participation by the contractor as def...ed in 41 CFR 820-1.5402(f) in the activities covered by this article. (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 to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all ) employees who are employed full time under this contract and employees designated i as key personnel, if any, under this contract abide by the provision of this article. If the contractor believes with respect to itself or any such employee { that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officar prior to execution of such contractual arrangement. (d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as i defined in 41 CFR 920-1.5402(a). (2) The contractor agrees that if after awaro it discovers organiza-tional conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the contractor has taken or proposes to taka to avoid or mitigate such conflicts. The NRC may, howevar, i terminate the contract for convenience if it deems such termina-tion to be in the best interests of the government. (e) Access to and use of information. (1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, j studies, financial plans, internal data protected by the Privary Act of 1974 (Pub. L. 93-579), or data which has not been l

L NRC-10-81-356 Page 36 l released to the public, the contractor agrees not to:- (1) use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such infomation to the public..whichever is first. (iii) submit an unsolicited proposal. to the government based on such infomation until.one year after the release of such infor-mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such infomation has previously been released to the public by the NRC. (2) In addition, the contractor agrees that to the extent it receives tir 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 fincocial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information. (3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require-ments of,this contract have been met. (f) Subcontracts. Except as provided in 41 CFR li20-1.5402(h) the contractor shall include this article, including this paragraph, in subcontracts of any tier. The tems " contract," " contractor," and " Contracting Officer," snall be appropriately modified to preserve the government's rights. (g) Remedies. For breach of any of the above proscriptions or for i intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (E00) in accordance with the procedures outlined in $20-1.5411. .g,, y.,. c. ,q yy y.. r.,

NRC-10-81-356 Page 37 l ARTICLE XII-GENERAL PROVISIONS / ALTERATIONS This contract is subject to the attached provisions of Appendix A. General Provisions, entitled " Cost Type Research and Development Contracts With i Commercial Organizations," dated 2/6/80. NOTE: AVAILABILITY OF TEXT OF CLAUSES - The complete text of clauses, incorpor-ated by reference, is available, for a nominal fee, in the publication entitled " Code of Federal Regulations - 41 CFR 1-1.000 Chapter 1 to 2, Federal Procurement Regulations (Chapter 1)" which may be obtained from the Superintencent of Documents, U. S. Government Printing Office, Washington, D.C. 20402. Copies of the complete text of specific clauses are available from the Nuclear Regulatory Commission, Oivision of Contracts, Washington, 0.C. 20555 and will be furnished upon request. 4 I 5

NRC-10-81-356 ,,, f Page 38 / PART IV LIST OF ATTACHMENTS NRC Contractor Organi.:ational Conflicts of Interest (41 CFR Part 20) Attachment 1-General Provisions Attachment 2 NRC Manual Chapter 3202 Attachment 3 e i i .-e e.-. .r}}