ML20149E166
| ML20149E166 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1987 |
| From: | Hagan T NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), TELE-COM PRODUCTS, INC. |
| To: | |
| Shared Package | |
| ML20149D078 | List: |
| References | |
| CON-FIN-D-1883, CON-NRC-39-88-177 NUDOCS 8801130239 | |
| Download: ML20149E166 (45) | |
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- t 1"iS CONTHAcT IS A HAllDOHOLH 4 2
AWARD / CONTRACT UNDEft OPAS tlS Cf R 3'>0) {
- 2. CON I H AC I (/' roc. leesi ident / NO. ). Le f L tl evt DAll a, H LQUtS4 t TON /4%.JHCH Ast. H LQUlb i /PHOJt.G 1 NO. #
f4RC-39-88-177 December 23, 1987 ARM-88-177 I
LISSULO OY l (* A() MINT 51 L 841.0 llY (Il other the** Ifvan $J ,
CODE L-____. COor 1 _._. _ . _ .
r U. S. fluclear Regulatory Coninission Division of Contracts Washingtons DC 20555
- 1. N AMc AND Aooa t s3 O. CON T H AC10H me . snue. <.,n coon e. 3,e<< ens a cose-, o 04tivtav e ,
Tele-Com Products, Inc. O o'"t a <s~ '->-> >!
O s On ORictN 1075 Hamilton Road ro.scOUN T r On PHOMot cAvMt Ni i '
Duarte, CA 91010 .
flet 30 10 SUBMIT INVOICES j '1 W ;
it copes sunless otowr- i wise specibed TO THE CODE F ACillTY CODE ADDRESS SHOWN IN:
- 11. SH6P 10/M AHes F OH 12. PAY MLNT WILL OL MADL BY U.S. Nuclear Regulatory Co$S'ssMn U.S. fluclear Regulatory CommiH b Warehouse, 4934 Boiling Brook Pkwy. ARM, Div. of Accounting & Finance Contract No. ftRC-39-88-177 gncialOpgaggBranch f I .[Atsu APPHQPHI ATION DAT A 80Ch% iller.fM-2085LTHC R THAN f OLL AND OPEN COMPC f t- 14.AC TION
- B&R No. 10-20-26-09 FIN No. 01883 0 io u.S C 23cmcu i O 4i u S C 25mcH i Appn No. 31x0200.108 AMOUNT: $31.816.40 15A. ITE M NO 158. SUPP LIES /SE RVICE S 15C OUANTITY 150 UNIT ISL UNIT PRICE ISF AMOUNT
! i The Government hereby accepts your bi d on IFB tio.
RS-ARM-88-177 dated flovember 18, 1981 for electronic , telephone instruments, i 8801130239 871223 h-3 8 177 PDR FIXED PRICE Ri;QUIREM(NTS CONTRACT 150, TOTAL AMOUNT OF CONTRACT > S 31.816.4f1 J j 16. TABLE OF CONTENTS t j OE SCRIP TION lP AGE (S) W lSLC l OE SC RIP TION lPAGDSI W) l$EC l PA RT t - T HE SCHE DULE PART 11 - CONT R AC T CL AU$ES
)( A SOLICIT ATION/ CONTRACT FORM ] l t l CONTH ACT CL AUSES f b ~~ [
P A R T 101 - LIST Of DOCULtt NTS. (
- Ht Bef $ AND OT HC H A T T AC 8{
J B SUPettES OR SE RVICES AND PRICES / COSTS _J l 31 j X C DE SCR tPTION/SPE CS / WOR K ST AT E ME NT Q lJ l LIST OF ATT ACHMENTS PAR 1 $V - HEPRC 5t NT AT 80NS AND INST HUC t TONS X 0 PACK AGING AND MARKING ]{ , _X E INSPECTION AND ACCEPT ANCt 13__ K HE PHESENI A(IONS.Cf RTIFIC ATIONS AND r OTHE R ST ATEMEN14 Of Of F LI? OHS
)( DE Live RIES OR PE RFORMANCE __ J{
INS 1 HS . CONDS . AND NO11CI S 10 06 8 F HOHS 1 J G CONTn AC T ADVINIST R ATION DA T A ]_ L
)( H SPtCI AL CONTR ACT REOutHEMENTS 2() M EVAL.UAtlON I ACTORS FOR AWARD CONTRACTING OfflCER Wili COMPL ETE ITEM 110R 18 AS AFPtICARI E ,
p rc 18. AW AR D (Cun fre(for es not teg.ered in eran (hss dor. men f ) V ow e
} 7. [ CONT R AC TOR'S NEGOt t A TI O AC.R C C ME N T (Con tre< fist ,wrea ao ..an an,s anc. men o ens re r.rn ca.,ee oo .ena a n<e> Ouee encluding on Soue,1,,e.n the additeens N ce msee _RS-made cnaneet ARM-86-117.ch by yow wh - adottoons oe thang Conteottoe steeen to f uen.sh and cesivet ait items ce pettoem ass the ses= gen set are net foeth en twee above, et heseDv acceptea as to the steens titled above and I toeth or otherwise ecentet.ed sonve anc on any cont nuation theets foe the cae teeg to this on any cont.nuation sheets. This acaeo CC,asummates the contract whech ton- l donpoofeteon contecct state.d shall be hereen.1 s Deect to andhe e ghts and governed obseSateent Dv the f oetow ngofsiot the.mentti (a) then tests of the fossowing cocuments- ta) the Govee ntnent's nosecitation and vove i Ow0ec/conteact, (D) the goticitation, if any and (c) such penvisions. eeptesenta- utf ee, ano (b) that award /contea<t. no tweihee contractual co<wment is netet-tKees, certitecat ceit, anc specificat ons, at ase attached or msoepoested tw tary, i
toteeonce heceen. (A f fachmen ts are l4sted hereen f f
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19A. N AM L AN D T I T L E Of SIGNL H (Type or prent) PoA. NAML Of CON T H AC TING Of $ tC( 4 Timothy
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yes, Up4b $1 AJ . khh4 ggC, Q All beGN[L7 q 4 98. N AML OF CONT H ACT OH 3 9C OA1( SaGNt Q
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av _._ as.sn.u.e,.Ien.. e.usortue<oa,ano dy ._ a,ae a,..,.7k ena@a < La_ o_n_.nr. 1223/87 ee I t< mesN m n,~av o_o n, . eNt a s,?,-s o6 e,~ _ , 2t soi f
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NRC-39-88-177 ~ Page 2 ,
- 1. Section 8.2, consideration and Obligation, Subparagraph a, third line insert: $31,816.40. Subparagraph b, second line insert: $31.816.40.
- 2. Section F. 3, Place of Delivery--Equipment, is completed as follows:
NRC-39-88-177 i
- 3. Section F.4. Duration of Contract Period, is deleted in its entirety and the following is substituted in lieu thereof:
"F.4 DURATIONOFCONTRACTPERIOD(MAR 1987) .
The ordering period for this contract shall commence on December 23, 1987 and will expire on December 22, 1988. Any orders' issued during t this period shall be completed within the time specified in the order, unless otherwise specified leerein. (See 52.216-18 ,0rdering (ARP 1984))."
- 4. Section G.1, project Officer Authority, is completed as follows:
Name: Kenneth Woodall , Address: U.S. Nuclear Regulatory Commission Office of Administration &* Resources Management Division of Computer & Telecommunications Services Telecommunications Branch ;
~
Washington, DC 20555 = Telephone No. (301) 492-8074 p l l l
. l
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i
Page 1 4 RECEIVED NU f M
.- SOLICITATION,.0FFER'AND'. AWARD OM8 No. 0505-0005
- Expiration Date: 05/31/88 )
l 1. TITLE: Purchase of Electronic Telephones . i 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION I RS-ARM-88-177 Scaled Bid (IFB) ;
- 5. DATE ISSUED 6. REQUISIIION/PURCllASE NO.
November 4, 1987 ARM-88-177 ( 7 ISSUED BY 8. ADDRESS OFFER TO : l All proposals should be addressed U.S. Nuclear Regulatory Commission as indicated in Block 7, however, Olvision of Contracts handcarried proposals (including Mail Stop AR-2223 Express Mail) must be delivered ;
- Washington, DC 20555 to the address in Block 9.
l NOTE: In sealed bid solicitations, "offer and offeror" mean "bid and bidder". ; i SOLICITATION
- 9. Sealed of fers in criginal and one signed copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if handcarried, in the depository located in Room 2223, Second Floor, 4550 y Montgomery Avenua, Bethesda, Md. 20814, until 2:00 P.M. local time on .
1 December 4,1987. CAUTION-LATE Submissions, Modifications, and Withdrawals: See ! Section l, Provision No. 52.214-7 or 52.215-10. All offers are subject to all ] terms and conditions contained in this solicitation.
~10. FOR INFORMATION CALL: A. NAME: Teresa McLearen .
B. TELEPHONE No.: (301) 492-4290 (No Collect Calls) !
- 11. TABLE OF CONTENTS [
PART/SECTION DESCRIPil0N ;
- PART I - TliE SCliEDULE
< A SOLICITATION / CONTRACT FORM l B SUPPLIES OR SERVICES AND PRICES / COSTS 'j C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT O PACKAG!NG AND MARKING ; E INSPECTION AND ACCEPTANCE i F DELIVERIES OR PERFORMANCE !
- G CONTRACT ADMINISTRATION DATA l' 11 SPECIAL. CONTRACT REQUIREMENTS PART 11 - CONTRACT CLAUSES l
. I CONTRACT CIAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS i .' J LIST OF ATTACHMENTS i l PART IV - REPRESENTATIONS AND INSTRUCTIONS , i { K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS i j M EVALVATION FACTORS FOR AWARD i
! EXCEP110N TO STANDARD FORM 33 STANDARD FORM 33(REV-4-85) j APPROVED BY GSA/0!RM 6/85 FAR(48 CFR) 23.214(C) l l
)
PAGL 2 s SOLICITATION, OFFER AND AWARD OFFER (Must be f ully completed by of feror) NOTF: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
- 12. In compliance with the above, the undersigned agrees, if this offer is accepted within __ _ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are of fered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Ciause No. 52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days __ Calendar days
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offcrors and related documents numbered and dated:
AMENDMENT NO DATE AMENDMENT NO DATE 15A. NAME AND ADDRESS OF 0FFEROR 16. N/ME AND TITLE OF PERSON ' DUNS Code: Facility: AUTHORIZED TO SIGN OFFER Teh com Rduch,,h. rne& , bpr Ly(Type or Print) " ISB. TELEPHONE NO. (include Area Code) _610 _hE63 15C. ( ) CHECK 1F REMITTANCE ADDRESS IS DIFFERENT FROM AB0VE--ENTER SUCH ADDRESS IN SCHEDULE
- 18. OFFER DATE:
17.TSIGN.A TURFg G- Ng LLlb/b7 AWARD (To be completed by Government)
- 19. ACCEr'TED AS TC ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
- 22. AUTHORITY FOR USING OTHER THAN FUl! .'sND OPEN COMPETITION
( ) 10 U. S.C. 2364(c)( ) ( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INVOICES TD ADDRfSS SHOWN IN ITEM 25:
(4 copies unless otherwise speci fied)
- 24. ADMINISTERED BY 25. PAYMENT WILL BE MADE BY (If other than Item 7)
U.S. Nuclear Regulatory Commission Division of Accounting and Finance GOV /COM Acounts Section Washington, DC 20555
- 26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28. AWARD DATE (Type or Print)
(Signature of Contracting Officer) IMPORTANT - Award will be made on this form or on Standard form 26, or by other authorized official written notice 1 EXCEPTION 10 STANDARD F0 W 33 APPROVfD BY GSA/OlRM 6/85
- L
TABLE OF CONTENTS PAGE:
- s SOLICITATION, OFFER AND AWARD. . . . . . . . . . . . . . . . . . . . . I s TABLE OF CONTENTS. . .............. . . . .. . . .. 3 SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . .i. . . . 7 B.1 BRIEF DESCRIPil0N OF WORK (MAR 1987). . . . . . . . . . . . 7 ALTERNATE I (MAR 1987) '
8 8.2 CONSIDERATION AND OBLIGATION--DELIVERY OR0,2RS . . . . . . ! (MAR 1987) 9 l l SECTION C - DESCRIPTION / SPECIFICATION. . . . . .. . . . . . ., ..
! i
/ WORK STATEMENT 9
C.1 STATEMENT OF WORK (MAR 1987). . . . . . . . . . . . . . . . l 1' 12 SECTION D - PACKACING AND MARKING. . . . . . . . . . . . . . . . . . 12 D.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . . SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . 13 4 E.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 13 i
- (FAR 52.252-2) (APR 1984)
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . 13 SECTION F - DEllVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . 14 F.1 CLAUSES INCORFORATED BY REFERENCE . . . . . . . . . . . . . 14 (FAR 52.252-2) ( APR 1984) ; i F.2 TIME OF DEllVERY (FAR 52.212-1) (APR 1984). . . . . . .. 14 ;
- F,3 PLACE OF DELIVERY--EQUIPMENT (MAR 1987) . . . . . . . .. 15 F.4 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 15 i
't SECTION G CONTRACT ADMINISTRATION DATA . . .. . .. . . . ... 16 G.1 PROJECT OFFICER AUTil0RITY (MAR 1987). . . . . . . . . . . . 16 l l ALTERNATE I (MAR 1987) G.2 METHOD OF PAYMENT (MAR 1987). . . . . . . . .. . . . ... 16 l j G.3 PAYMENT DUE DATE (MAR 1987) ALTERNATE I (MAR 1987). . . . . 18 G.4 INTEREST ON OVERDUE PAYMENTS (MAR 1987) . . . . . . . . . . 18 : I ALTERNATE I (MAR 1987) ! G.5 REMITTANCE ADDRESS (MAR 1987) . . . . . . . . . . . . 19 l 1 ' i SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . .. . . . . . . 20 ' j H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) . . 20 H.2 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . . 20 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987) ;
, H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . 22 (MAR 1987) l PART II - CONTRACI CLAUSES. . . . . . . . . . . . . . . . . . . . . 23 i SECTION I -
CONTRACT CLAUSES . . . . . . . . . . . .- . . .... 23 l 4 1.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . '. . . . . . . 23 l (FAR 52.252-2) (APR 1984) j !.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 24 j !.3 ORDERING (FAR 52.216-18) (APR 1984) . . . . . . . . . . . . 26 i 1.4 DELIVERY-ORDER LIMITATIONS. . . . . . .. . . . . .. ... 26 ] (FAR 52.216-19) ( APR 1984) l ) i
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TABLE OF CONTENTS PAGE I.5 27 REQUIREMENTS (FAR 52.216-21) (APR 1984) . .
-I . 6 WARRANTY'0F SUPPLIES OF A NONCOMPLEX NATURE . . . . . 27 (FAR 52.246-17) (APR 1984) ALTERNATE I (APR 1984)
PART III - llST OF DOCUMENTS, EXHIBITS . . . . . . .
. . . 31 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . 31 J.1 31 ATTACHMENTS (MAR 1987). . . . . . . . . . . . . . . . .
PART IV - REPRESFMTATIONS AND INSTRUCTIONS . . . . . . . . . . . 32 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . 32 OTHER STATEMENTS OF OFFER 0RS K.1 CERTIFICATE OF INDEPENDENT PRICE. . . . . . . . . . . . . 32 DETERMINATION (FAR 52.203-2) (APR 1985) K.2 CONTINGENT FEE REPRESENTATION AND . . . . . . . . . . . . 33 AGREEMENT (FAR 52.203-4) (APR 1984) K.3 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING . . . . . 34 (FAR 52.214-2) (JUL 1987) K.4 PARENT COMPANY AND IDENTIFYING DATA . . . . . . . . . . . 34 (FAR 52.214-8) (APR 1984) K.5 PLACE OF PERFORMANCE--SEALED BIODING. . . . . . . . . . . 34 (FAR 52.214-14) (APR 1985) K.6 MINIMUM BID ACCEPTANCE PERIOD . . . . . . . . . . . . . . 35 (FAR 52.214-16) (APR 1984) K.7 SMALL BUSINESS CONCERN REPRESENTATION . . . . . . . . . . 35 m (FAR 52.219-1) (MAY 1986) K.8 SMALL DISADVAMTAGED BUSINESS CONCERN. . . . . . . .6 REPRESENTATION (FAR 52.219-2) (APR 1984) K.9 WOMEN-0WNED SMALL BUSINESS REPRESENTATION . . . . . . . 37 (FAR 52.219-3) ( APR 1984) K.10 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. . . . . . . . 37 (FAR 52.220-1) (APR 1984) K.11 WALSH-HEALEY PUBLIC CONTRACTS ACT . . . . . . . . . . . . 37 REPRESENTATION (FAR U2.222-19) (APR 1984) K.12 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . 38 (FAR 52.222-21) (APR 1984) K.33 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . 39 (FAR 52.222-22) (APR 1984) K.14 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . 39 (FAR 52.222-25) (APR 1984) K.15 BUY AMERICAN CERTIFICATE. . . . . . . . . . . . . . . . . . 39 (FAR 52.225-1) (APR 1984) K.16 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987) . . . . . . 40 SECTION L - INSTRUC'TIONS, CONDITIONS, AND NOTICES. . . . . . . . 42 , TO 0FFER0RS L.1 SOLICITATION PRO','1510NS INCORPORATED BY , . .. . . . . . . 42 REFERENCE (FAR 52.252-1) (APR 1984) L.2 SERVICE OF PROTEST (FAR 52.233-2) (JAN 1985). . . . . . . . 43 L.3 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION . . 43 l (MAR 1987) l 1 l 1 l l
, - - , -- ,- ,. c . , - - -- , -- . - < -c, , --
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TABLE OF CONTENTS PAGE 44 L. 4 DISPOSITION OF BIDS (MAR 1987). NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987). 44 L. 5 44 L. 6 LOCATION OF BID OPENING (MAR 1987). . . . . . 44 L. 7 ABSTRACT OF BIOS (MAR 1987) . L. 8 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUM8ER (MAR 1,987). 45
. . . .. .. 45 L. 9 BRAND NAME OR EQUAL . . . . . . . . . ..
. . 46 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . .
M.1 SOLICITATION PROVISIONS INCORPORATED BY . . . 46 REFERENCE (FAR 52.252-1) (APR 1984) 46 M.2 BIDDER QUALIFICATIONS AND PAST EXPERIENCES. (MAR 1987). 47 M.3 BID EVALUATION (MAR 1987) . . . . . . . . . . . .. . . r i l 1
PAGE 6 s r OFFER 0RS/ BIDDERS PLEASE NOTE: An (*) means the information is to be incorporated into any resul tant contract. T
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, CONTINUATION SHEET RS-ARM-87-177 7
.c t o, o.. aoa oa co iaccion 4
11EM NO SUPPUES/SEfMCES OUANTITY UNIT UNIT PniCE . AMOUNT Sectior B - Supplies or Services and Prices / Costs B.1 Brief Description of Work
- a. The Contractor shall provide electronic telaphone ins truments (Panasonic Models XX-T3135 (two-line telephone) and KX-T3160 lthree-lin ? telephone),or equal) to the Nuclear Regulatory Commission (NRC) when ordered is s ]ecified in Section C -
Description / Specifications / Work Statement. All instr > men ts proposed shall be manufactured by a single vendor,
- b. Orders will be issued for instruments requi red by the NRC in accordance with Clause 52.216-18, Ordering (APR 1984). The NRC reserves the right to with-draw a proposed order at any time prior to its formal awa d. Only Contracting Officers of the NRC or other individuals specifically aut lorized under this contract may place orders under this contract. The p ovi sions of thi s contract shall govern all orders issued hereunder.
Bidding on: Manufacturer's Name: brivvwdd Brand: T~n-c - Phere_ Model Numbers: Two-line: K%T- 3135 Three line: KAT-316,0 ESTIMATt'D i
- 1. !
lTwo-line handset cordelectronic telephone with spring 6-7 foot length 70 ea $ 7437 $ S. 205 Q ,
- 2. ITwo-line electronic telephone with spring '
handset cord 12-14 foot length 70 ea $ 83.32. $ 5,832 AQ
- 3. Three or more line electronic telephone with spring handset cord 6-7 foot length 70 ea $ 13'Z R3 $ 945B 10
- 4. iThree or more line electronic telephone with l spring handset cord 12-14 foot length 70 ea $ 140.c0 $ 9. 800.00 ;
- 5. I. Mounting Cable, 6-7 foot length for. two-line electronic telephone 70 ea $ N/c $
- 6. .
Mounting Cable, 6-7 foot length, for three or more line electronic telephone 70 ea $ g/d. f
- 7. Mounting Cable,12-14 foot length, for two-line electronic telephone 70 ea $ 89S $ 674> %
~w wo. .. . u . w sm*. e w y ng r,onusu r w ,j
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. . - . .-- _ . _ _ , - . , _ -. . - _ . - _ .- - , - . .. ., ,,J
, C10NTINLL4 TION SHEET 'RS-ARM-88-177 8 asst os Os p a non on COaef RcC704 s
ES!!"ATED ITEM NO SUPPLIES / services OUANTITY u NIT UNIT PniCE AMOUNT
- 8. Mounting Cable,12-14 foot length, for three or more line electronic telephone . 70 ea $ ct,qS s (696.5C)
TOTAL BID $ 56816.@ NOTES:
- 1. All instruments shall be registered with the Federal Communications Commission with numbers and ringer equivalency permanently affixed to the instrument. Registra tion numbers shall be provided with the bid.
- 2. See Provision L.9 (Page 45) Brand Name or Equal.
i
' c B.2 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (MAR 1987)
- a. The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is
- The Contracting Officer or other individual specifically authorized under this contract may unilaterally increase this amount as necessary for completion of orders placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
- b. The amount presently obligated with respect to this contract is
- The Contracting Officer may issue orders for work up to amount presently obligated. This obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The obligated amount shall, at no time, exceed the contract ceiling as specified in paragraph A above. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk. i
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PAGE 9 RS-ARM-88-177 1Section.C. s . SECTION C - DESCRIPTION / SPECIFICATION ,
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)
C.l.1 Background The Nuclear Regulatory Commission (NRC) will partially consolidate at a Headquarters site located at One White Flint North, Rockville, Maryland. Electronic telephone inttruments are required to support relocation to the new facility and to backffil other locations. C.1.2 Scope of Work The Contractor shall furnish electronic telephone instrument (Panasonic Models KX-T3135 cnd XX-T3160, or equal) when ordered by the NRC Project Officer through delivery orders issued pursuant to % this contract. Electronic telephone instruments furnished under this contract shall meet the following salient characteristics requirements:
- a. The instruments shall be electronic and support 2 or 3 lines.
Instruments which provide more than three lines may be offered but are not mandatory.
- b. All instruments proposed (2 and 3 lines) shall be manufactured by a single vendor and shall not require Key System Units.
- c. Each instrument shall have the following functions:
(1) Ability to place calls on hold. 1 (2) Last namber redial feature. 1 I (3) Singl'6 button speed dial to minimum of 20 stored numbers. Instruments shall have a memory capacity for at least 11 programmable digits per speed-dia.1 slot. (4) Ability to insert a pause in stored numbers. (5) Hands-free operation via integral speaker phone. NOTE: External devices are unacceptable. Speaker phone shall have volume control and mute capability. l
, ..~ ..
RS-ARM-88-177 Section C i (6) Flash hook button for use in transferring call versus depressing switch hook. (7) Oual Tone Multi-Frequency (DTMF) signalling shall be - used. Pulse code may be offered b,ut is not mandatory. (8) Visual and audio indication with separate ring volume control for each line. (9) Battery backup of programmed memory and capability to charge batteries without loss of memory. (10) Line selection buttons. (11) Conference capability. (12) Visual indications for ringing line, hold, and off hook,
- d. Each instrument shall: -
(1) Operate off of telephone line current. (2) Serve as a desk model telephone capable of converting to a wall mount. Instruments shall have a non-slide lower surface. (3) Include all mounting cable. Cables and associated Jacks shall be standard RJ11, RJ14, and RJ25. Cable shall be provided in lengths of 6-7 feet and 12-14 feet. The length of cable required will be designated at the time of order. Charges for cable shall be as established in Section 8.1, Line Items 5, 6, 7, and 8. . (4) Provide easy access to batteries which shall be of a standard size (e.g., "AA"), readily available in the commercial market. (5) Provide modular spring handset cords in lengths of 6-7 feet and 12-14 feet. The length of handset cord will be ia designated at the time of order. Charges shall be as established in Section 8.1, Line Items 1, 2, 3, and 4. (6) Provide instruments in beige, ivory or ash color. All instruments proposed shall be of the same color. (7) Utilize standard handsets in shape of Western Electric 2500 or equivalent. C.2 Ordering Procedures The NRC Project Officer, or his designee, are authorized to place orders against this contract. Orders shall be in writing and shall contain the following information: 4
- a. Date of order ,
.I'hGE 11 Secttoo q ' RS-ARM-88-377
- b. Contract number and'o'rder number
- c. Item number and description, quantity and unit price,
- d. Delivery date. .
(End of Clause) s i l l 1 1 1
PAGE 12
' RS-ARM-88-177 Section 0 SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided. (End of Clause)
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4
PAGE 13 RS-ARM-88-177 .Section E l i l SECTION E - INSPECTION AND ACCEPTANCE
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E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) ( APR 1984) This contract incorporates the following clauses by reference. These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.246-2 JUL 1985 INSPECTION OF SUPPLIES-- FIXED-PRICE 52.246-16 APR 1984 RESPONSIBILITY FOR SUPPLIES o. . E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination. (End of Clause) i
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PAGE 14 RS-ARM-88-177 Section F SECTION F - DELIVERIES OR PERFORMANCE , F.1 CLAUSES INCORPORA'TED BY REFERENCE (FAR 52.252-2) ( APR 1984) This contract incorporates the following clauses by reference. These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Of ficer will make their full text available. I. FEDERAL ACQUISfTION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.247-34 APR 1984 F.O.B. DESTINATION 52.247-54 APR 1984 DIVERSION OF SHIPMENT UNDER F.0.B. DESTINATION CONTRACTS 3. F.2 TIME OF DELIVERY (FAR 52.212-1) (APR 1984) (a) The Government requires delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE WITHIN DATE OF ITEM NO. QUANTITY DELIVERY ORDER 1-8 As indicated on 30 Days Delivery Order The Goverrment will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Of fers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may not be considered for award. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror of fers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. l l
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PAGE 15 _ . . RS-ARM-88-177. ,.Section F.
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OFFER 0R'S PROPOSED DELIVERY SCllEDULE WITilIN DAYS AFT,ER ITEM NO. QUANTITY DATE OF CONTRACT KXT3B5 70 ."O KxT 31(;Q. 70 30 (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of of fer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or-otherwise furnish to the of feror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding five days for delivery of the award through the ordinary mails. If, as so computed, the offered delivery date is later than the required delivery date, the offer '- will be considered nonresponsive and rejected. (End of Clause) F.3 PLACE OF DELIVERY--EQUIPMENT (MAR 1987) The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to: U.S. Nuclear Regulatory Commission Warehouse Contract Number: ___ 4934 Boiling Brook Pkwy. Rockville, MD 20852 (End of Clause) F.4 DURATION OF CONTRACT PERIOD (MAR 1987) 1
- and will expire on Thisconfractshallcommenceon (End of Clause) ;
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PAGL 16
- RS-ARM-88-177 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE I (MAR 1987)
- a. The Contracting Officer's authorized representative hereinaf ter refered to as the Project Of ficer for this contract is:
Name: ___ Address: Telephone Number:
- b. The Project Of ficer is responsible for:
- 1) Placing Delivery Orders for items required under this contract. ~
- 2) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.
- 3) Inspecting and accepting products / services provided under the contract.
- 4) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension.
- c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
(End of Clause) G.2 METHOD OF PAYMENT (KAR 1987)
- a. Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less. .
- b. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, the Contractor shall forward the following information in writing to the Contracting Officer within seven days after the effective date of the contract.
.-- RS-ARM-88-177 .Section'G .
~
1 )~ Name and' address of. organization. -
- 2) Contact person and telephone number.
- 3) Name and address of financial institution.-
- 4) Contractor's financial instltution's 9-digit ABA identifying number for routing transfer of funds.
- 5) Telegraphic abbreviation of Contractor's financial '
institution.
- 6) Account number at Contractor's financial institution.
- 7) Signature and title of person supplying this information.
- c. In the event the Contractor's financial institution does not have access to the Federal Reserve Communication System, the Contractor shall forward the following information with regard to a correspondent or alternate financial institution. The information shall be in writing and submitted to the Contracting Officer within seven days af ter the ef fective date of the c.ontract.
- 1) Name and address of organization.
- ~
- 2) Contact person and telephone number.
- 3) Name and address of financial institution.
- 4) Telegraphic abbreviation of Contractor's financial i r.s t i tu t i on .
- 5) Account number at Contractor's financial institution.
- 6) Name and address of the correspondent financial ir.stitution that has access to the Federal Reserve Communications System.
- 7) Correspondent financial institution 9-digit ABA identifying numoer for routing transfer of funds.
- 8) Telegraphic abbreviation of correspondent financial .
institution.
- 9) ~ Signature and title of person supplying this information. *
- d. Any changes to the information furnished'under this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to !
l avoid payments to erroneous bank accounts. (End of Clause) l
PAbt 16
- RS-ARM-88-177 Section G G.3 PAYMENT.DUEDA.TE[(MAR 1987)ALTERNATEI(MAR 1987)
- a. Payments under this contract will be due 30 calendar days af ter the later of: .
- 1. The date of actual receipt of,a proper invoice in accordance with the attached "Billing Instructions" (See Section J for List of Attachments), or
- 2. The date the supplies / services are accepted by the Government.
- b. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days af ter the date of delivery of these supplies or performance of the services in accordance with the terms of the contract.
- c. If the supplies / services are rejected for failure to conform to the technical requirements of the contract, or for damage in the transit or otherwise, the provisions in paragraph b of this clause will apply to the new delivery of replacement supplies or performance of the services.
- d. The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for v:
individual payments of $25,000 or less. (End of Clause) G.4 INTEREST ON OVEROVE PAYMENTS (MAR 1987) ALTERNATE I (MAR 1987)
- a. The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to Contractors on overdue payments and improperly taken discounts.
- b. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:
- 1) interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
- 2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day af ter the due date through the payment date.
(End of Clause)
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PAut l's a RS-ARM-88-177 Section G G. S ' REMITTANCE ADDRESS (MAR 1987)~ If item 15C. of the Standard Form 33 has been checked, enter the remittance address below. Name: Te_le. Gm 4edoc6.Lc. - Address: 1075 [4anu(4cn Rd._ hvIe CA 9Iolo (End of Clause) [ i
- 'RS-ARM-88-177' Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS ,
B H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract. (End of Clause) H.2 CONTRACTOR ORGANIZATIORAL CONFLICIS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
- a. Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor:
- 1) 1s not placed on a conflicting role because of current e or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
- b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause.
- c. Work for Others. Notwithstanding any other providan of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the Contractor believes with respect t'o 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 Of ficer prior to execution of such contractual arrangement.
- d. Disclosure af ter award.
- 1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this f
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l PAGE 21 RS-ARM-88-177 ' 'SectionII l l
. I contract,. it does not have any organizational conflicts 'of interesti '
as defined in 41 CFR 20-1.5402(a).
- 2) The Contractor agrees that if af ter award ,it discovers organizational 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 take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government.
- e. Access to and use of information.
- 1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the 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 peri,d of six (6) months after either the completion of this contract or the release of such information to
- the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) Release the information without prior written approval by the Contr.cting Of ficer anless such information has previously been released to the public by the NRC.
- 2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (pub. L. 93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.
- 3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technicd data it produEes under this contract for private purposes provided that all requirements of this contract have been met.
- f. Subcontracts. Exceptasprovidedin41kFR20-1.5402(h),
the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms "contract," "Contractor," and "Contracting Officer," shall be appropriately modified to preserve the Government's rights. 9 Remedies. For breach cf any of the above prescriptions or _. - ~~ -_ - - ~ - -.
FAbt 44 . s Sect' ion 11-
. RS-ARM-88-177 . ^ '
for'[nteniional non'disclosur.e on misrepre'sentati.on of any ' relevant interest ' required'to'be' disclose'd con'cerning 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 purs6e other remedies as may be permitted by law or this contract.
- h. Waiver. A request for waiver under this . clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 20-1.5411.
(End of Clause) 11 . 3 GOVERNMENT FURNISHE0 EQUIPMENT / PROPERTY - NONE PROVIDED (MAR 1987) The Government will not provide any equipment / property, notwithstanding any provisions of the specification (s) to the contrary. (End of Clause)
- s
l'nU L LJ Section.I RS-ARM-88-177 , 4 PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) ( APR 1984) This contract incorporates the following clauses by reference. These clauses have the same force and ef fect as if they were given in full text. Upon request, the Contracting Of ficer will make their full text available. I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITI0i15 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS Oil SUBC0t1 TRACTOR , SALES TO THE GOVERNMENT 52.210-5 APR 1984 NEW MATERIAL , 52.214-29 JAN 1986 ORDER OF PRECEDEtlCE -- SEALED BIDDING 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERT 15 AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UI!LIZAT10t1 0F WOMEll-OWi1ED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-20 APR 1984 WALSH-HEALEY PUBLIC e CONTRACTS ACT 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION.FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.225-3 APR 1984 BUY AMERICAN ACT -- SUPPLIES 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
PAGE 24 RS-ARM-88-177' Section I 52.227-3 APR'1984 PATENI INDEMNITY 52.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES ~ 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RI'C0 52.232-1 APR 1984 PAYMENTS . 52.232-8 JUL 1985 DISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES 52.233-3 JUN 1985 PROTEST AFTER AWARD . 52.243-1 APR 1987 CHANGES -- FIXED-PRICE 52.249-1 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 1.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) (a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prin,9 Contractor, prime Contractor employee, subcontractor, or subcontra: tor employee for the purpose of improperly obtaining or m' rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purposes of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor employee," as used in this clause, means any ,
officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or s,ervices of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of an9 kind under a prime contract or subcontract entered into in connection with any such prime contract, and (2) includes any person who offers to furnish or furnishes supplies to the prime Contractor or a higher tier subcontractor, "Subcontractor employee," as used in this clause, means any
yne tu
% RS-ARM-88,-177 ,
Section I of ficer, partn'er, employ.ce, or agent of a . subcontractor. (b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from-- , (1) Providing or attempting to provide or offering to provide any kickback; or (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor. (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred,' the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting ' agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) ; of this clause. ! (4) Regardless of the contract tier at which a ' 'ckback was provided, accepted or charged under the contract in i ^1ation of paragraph (b) of this clause, the Contracting Of ficer say-- (i) Of fset the amount of the kickback againist any monies owed by the United States under this contract and/or (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of - kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(1) of this clause. In the latter case, the contractor shall notify the Contracting Officer when monies are witheld. ' (5) The Contractor agrees to incorporate the s clause, including this subparagraph (c)(5), in all ,ubstance of this subcontracts under this contract. (End of Clause)
PAGE 26 ' RS-ARM-88-177 Section I
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I.3 ORDERING (FAR 52.21'6-18)-(APR 1984). I (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the 1,ndividuals i or activities designated in the Schedule. Such orders may be issued I from the ef fective date of the contract through the end of the l l effective period. - l (b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. (End of Clause) 1.4 DELIVERY-ORDER LIMITATIONS (FAR 52.216-19) (APR 1984) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than N/A , the Government is not obligated to purchase, nor is the Contractor , obligated to furnish, those supplies or services under the contract. a (b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of N/A ; (2) Any order for a combination of items in excess of N/A ;
- 3) A series of orders from the same ordering office within N/ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e. , includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithytanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance. with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause)
PAGE 27 Section I , '.RS-ARM-88-377' l'. 5 REQU'IREMENTS ( FAR ,52.216-21)' ( APR '1984') (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor
- requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the caritest date thtt delivery may be specified under this contract, and if the Contractor will not accept an order providing from the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the ef fective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and j obligations with respect to that order to the same extent as if the order were completed during the contract's ef fective period; j provided, that the Contractor shall not be required to make any l deliveries under this contract after. j (End of Clause) I.6 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (FAR 52.24!-17) (APR 1984) ALTERNATE I (APR 1984) (a) Definitions. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. i l
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PAGE 28
.RS-ARM-88-177 Section'I "Correction," as used in this clause,.means the cif'mination of a defect.
"Supplies," as used in this clause, means the end. item, furnished by the Contractor and related services required under the contract.
The word does not include "data." ,
- (b) (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year all supplies furnished--
(i) Are of a quality to pass without objection in the trade under the contract description; (ii) Are fit for the ordinary purposes for which the supplies are used; (iii) Are within the variations permitted by the contract, and are of an even kind, quality, and quantity within each unit and among all units; (iv) Are adequately contained, packaged, and marked as the contract may require; and (v) Conform to the promises or af firmations of fact made on 5 the container. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. (3) Any supplies or parts thereof, corrected or _ furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run , f rom the date of delivery of the corrected or replaced supplies. (c) Remedies available to the Government. (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in haragraph (b)(1) of this clause within 30 days. 1 (2) Within a reasonable time after the notice, ,the Contracting Officer may either-- (1) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
PAGE 29. Section I RS-ARM-88-177 (fi) Retain such' supplies and reduce the contract price by an amount equitable under the circumstances. (3)(i) If the contract provides for inspection of siipplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-- (A) May, for sampling purposes, group any supplies delivered under this contract; , (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments ever, though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Of ficer may exercise one or more of the following options; (A) Require an equitable adjustment in the contract price for any group of supplies. (B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all noncomforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at i; locations designated by the Government within the continental United States and to correct or replace all nonconforming supplies. (0) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or
- the point of acceptance) for screening and correction or replacement, "
(4) (i) The Contracting Of ficer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-- (A) Fails to make redelivery of the corrected or replaced suppites within the time established for their return; or , 1 l
. _ . . ~. - --
pAGE 30 RS-ARM-88-177 cSection I (B) Fails either '.o accept ret. urn of the nonconforming
, supplies or fails to make progress af ter theirL return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure sucn failure within a period of 10 days (or such longer period as the' Contracting Officer may authorize in writing) after receipt of notice from the Contracting Of ficer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer inay require an equitable adjustment of the contract price. In addition, if the Centractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonabic manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming > supplies, as well as for excess costs incurred or to be incurred. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights af forded to the Government by any other clause of this contract. (End of Clause) m s l l 1
PAGb Ji
- RS-ARM-88-177 Section J ,
)
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l PART IJI - LIST OF'-DOCUMENTS, EXilIBITS AND OThER ATTACitMENTS
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SECTION J - LIST OF ATTACllM'ENTS J.1 ATTACllMENTS (MAR 1987) Attachment Number Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions s 9
r s Attachment 1 PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec. 20-1.5401 Scope and policy. 20-1.5402 Definitions. 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. 20-1.5404 Representation. 20-1.5405 Contract clauses. 20-1.5405-1 General contract clause. 20-1.5405 2 Special contract provir lons. 20-1.5405 Evaluation, findings, and contract awerd. 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Roserved) 20-1.5410 Subcontractors. 20-1.5411 Waiver.
?O-1.5412 Remedies.
AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to <ub. L. 83 703, 68 Stat. 919, as arc.f ad (4E l'.S.C. ch.14) 120-1.5401 Scope and Policy (a) It is the policy cf the U.S. Nuclear Regulatory Corm 11ssion (NL) to avoid, eliminate or neutralize contractor organizationsI conflicts of interest. The NRC achieves this objective by reo.uiring all prospective contractors to suMit infomation describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award. (b) Contractor conflict of interest determinations cannot be made automatically or routinely; tne application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of inteest situaticas which ' night arise; however, examples are provided in thesc regulations to guide application of the policy. NRC contracting and program officials must be alert to other situation:. which may warrant rpplication of this policy guidance. The ultimate test is: Hight. the contractor, if awarded the con;*act, be placed in a position where its judgment may be biased, i or where it may have an unfair competitive advantage? ! (c) The conflict of interest rule contained in this subpart applies l tcr contractors and offerers only. Indivuuais or finns who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition ^ of consulting services through the personnel appointment process, NRC l l i
7590-01 agreements with other government agencies, international organitations, or state, local or foreign governments; . separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate. 520-1.5402 Definitions (a) "Organizational conflicts of interett" means et a relationship exists whereby a contractor or prospective contrac66: has present or planned intereits related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage. (b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation. (c)
- Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) "Technical consulting and management support services" ans internal assistance to a component of the NRC in the fomulatior or administration of its programs, projects, or policies which noraally require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or sta tements of work. (e) "Contract" means any ccr. tract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c). (f) "Contractor" means any person, fim, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC. (g) "Affiliates" means business concerns which are affiliates of each otner when either directly cr indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to cor. trol both (41 CFR 51-1.606-1(e)). (h) "Subcontractor" means any subcontractor of any tier which perfoms work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less. l (i) "Prospective contractor" or "offeror" rneans any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract. 2
i 7590-01 l (j) "Potential conflict of interest" means that a factual situation . exists that suggests (indicates) that .an actual conflict ?)f interest may l arise from award of a proposed contract. The tem "potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be . reported to the contracting of ficer for investigation if they arise during contract perfomance. I20-1.5403 Criteria for rr ognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist: (1) Are i' there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the perforwnce of the contract? The ultimate detemination by liRC as to whether nrganizational conflicts of interest exist will be made in light of conmon sense and good business judgment based upon the relevant facts dist:losed and the work to be perfonned. While it is difficult to identify and to prescribe in advance i a specific method for avoiding all of the various situations or relationships l which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. (b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose infomation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances: (i) Where the offeror or contractor provides advice and recomendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or simliar matter in which it is also providino assistance '.o any organiza' tion regulated by the NRC. (iii) Where the offeror or contractor evaluate:; its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing. (iv) Where the award of a contract would otherwise iesult in placing the offeror or contractor in a confli; ting role in which its judpent may be biased in relation to its e k for the NRC or may otherwise result in an unfair competitive adfantag" for the of feror or contractor. I 7590-01 ! l l (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 120-1.5405-2 in the following circumstances: (1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications. (11) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies. (iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action. (iv) Where the offeror or contractor is granted access to proprietary infomation of its competitors. (v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment a may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. (c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all con *ractor organizational conflict of interest situations. (1) Example. The XYZ Corp., in resmsa to a request for proposal (RFP), proposes to I undertake certain analyses cf a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar analyses for the reactor manu facturer. Guidance. An NRC contract for that particular work norpily would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for i
- NRC. Since there are other well-qualified companies available, there ,
I would be no reason for considering a waiver of the policy. l (2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor cmponent which are unique ta one type of advanced reactor. As is the case with'other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based l on the NRC evaluation, the ABC Corp. is considered u be the best qualified company to perform the work outlined in the RFP. l f 4 l l 1
7590-01 Guidance. An NRC contract t.ormally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example ABC Corp. would be precluded , from the performance of similar work for the company developing the j advanced reactor mentioned in the example. (3) Example. As a result of operating problems in a certain type of comercial nuclear facility, it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to assure adequate safety protection of the public. On'ly one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decitions affect the reactor's design and thus the company's costs. , Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC. ,, Since the nature of the work required is vitally important in tenns of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented . and coordinated in accordance with the waiver provisions of this policy ! with particular attention to the establishment of protective mechanisms to guard against bias.
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(4) Example. The ABC Co. submits a proposal for a new system for , evaluating a specific reactor component's perfonnance for the purpose of developing standards that are important to the NRC progran. The ABC Co. has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component. Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no infonnation produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the perfonnance of contract work, it shall not be used in the contractor's private activities unless such infonnation is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting of ficer of all situations in which the infonnation developed under the cor. tract is proposed to be used.
7590-01 (5) Example. The ABC Corp. , 'in response to a RFP proposes to , assemble a map showing certain seismological features of the Appalachian ! fold belt. In accordance with the representation in the RFP and ' 120-1.5403(b)(1)(1), ABC Corp. inforws the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study. Guidance. The contracting of ficer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 120-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest. (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a deterniination of the existence of such confitets prior to the award of , a contract. j (2) It is not relevant that the contractor has the professional
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i reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved,
; or that a contract is awarded on a compet'itive or a sole source basis.
120-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor, c (b) Representation procedure. The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical censulting and management support services; (3) research; and (4) cener contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the "changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with I regard to the contract being modified, only an updating of such statement shail be required. 1
- 75h0o01 O
ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION
! represent to the best of my knowledge and belief that:
The award toTde-km bcduds of a contract or the modification of an existing contract does ( ) or does not (v[ involve situations or relationships of the type set forth in 41 CFR'i 20-1.5403(b)(1). M The following shall be included in (c) Instructions to(1) offerors. If the representation as completed indicates all NRC solicitations: that situations or relationships of the type set forth in 41 CFR 120-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror all relevant facts bearing on his representation to the c officer. If the contracting officer determines that organizational (1) Impos conflicts exist, the following actions may)be taken: disqualify the offeror, or conditions which avoid such conflicts, (ii Stetes to seek award of the contract under the waiv i20-1.5411. - (2) The refusal to provide the representation required by 120-1.5404(b) or upon request of the contracting officer the facts required by award. 120-1.5404(c), shall result in disqualification if of the o may also result in the disqualification of the offeror resulting contract may be teminated.from subsequent related NRC remedial actions provided by law or the resulting contract. The offeror may, because of actual or potential organizational
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(d) conflicts of interest, propose to exclude specific kinds of work llyfrom the statements of work contained in a RFP unless the RFP specifica Any such proposed exclusion by an offeror If the prohibits such exclusion. will be considered by the NRC in the evaluation of proposals. NRC considers the proposed excluded work to of the competitive posture of the other offerors, the proposal must be rejected as unacceptable. The offeror's failure to execute the representation required (e) by subsection (b) above with respect to invitation to correct the omission. 5 20-1.5405 Contract clauses i 20-1.5405-1 General contract clause I , l 7590-01 All contracts of the types set f"orth in i 20-1.5404(b) shall include the following clauses: l (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or othemise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to perfomance or participation by the contractor as defined in 41 CFR I 20-1.5402(f).in the actitities covered by this clause. (c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to 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. , I The contractor shall ensure that all employees who are employed full " time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement. j l (d) Disclosure af ter award. (1) The contractor warrants that to -l the best of its knowledge and bellei and except as othemise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 5 20-1.5402(a). ! (2) The contractor agrees that if af ter award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer. , This statement shall include a description of the action which the ! contractor'has take;n or proposes to take to avoid or mitigst.e such conflicts. The NRC moy, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government. J (e) Access to and use of information. (1) If the contractor in the perfomance of this. contract obtains access to information, such as I NRC plans, policies, reports, studies, financial plans, internal data l protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the co'ntractor agrees not 10: (1) Use j such information for any private purpose until the infomation has been i released to the public; (11) compete for work for the Comission based 9
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7590-01 on such information for a period of six (6) months af ter either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year af ter the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.* (2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such inforration in accordance with restrictions placed on use of the information. (3) The contractor shall have,. subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in 41 CFR 120-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms "contract," "contractor," and "contracting of ficer,"'shall be appropriately modified to preserve the government's rights. (g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad f aith, 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 i20-1.5411. I20-1.5405-2 Special contract provisions. (a) If it is determined from the nature of 'the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or af ter obt*ining a waiver in accordance with 520-1.5411. neutralized through th. use of an appropriate special contract provision. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are nnt limited to: , I
/ 7590-01 !
l (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use. (b) The following additional contract clause may be included as section (i) in the clause set forth ini 20-1.5405-1 when it is determineo that award of a follow-on contract would constitute an organizational
- conflict of interest.
(i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical
'r consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply. (3) Nothing in this caragraph shall preclude the contractor from offering or selling its standard commercial items to the government. 5.20-1.5406 Evaluation, findings, and contract award The contracting of ficer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 120-1.5404(b) and other relevant information. Af ter evalua t'ing this information 4 agains*t tne criteria of f 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. lf it has oeen determined tnat conflicts of interest exist, tnen tne contracting officer snall eitner: (a) . Disquali fy, tne of feror f rom award. 10
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. 7590-01 (b) Avoid or climinate such con.fli' cts by appropriate measures; or (c) Award the contract under the waiver provision of 520-l.541).
I?0-1.5407 Conflicts identified af ter award, if potential organizational conflicts of interest are identified af ter award with respect to a particular contractor, the contracting officer determines that such confitets do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, af ter obtsining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict. 520-1.5403 (Reserved) 520-1.5409 (Reserved) 120-1.5410 Subcontracts j The contracting of ficer shall require offerors and contractors to submit'a represtntation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting of ficer shall require the contractor to include contract clauses in accordance with 520-1,5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection. i20-1.5411 Vaiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting of ficer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting of ficer, and af ter consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so. Such action shall be strictly limited to those situations in which: (1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily perforned except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval oocuments shall be placed in the Public Document Room. e - ?, o 7590-01 620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any 1 relevant interest required *to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts. _ day of March 1979. Dated at Washinoton. 0.C thi s 27th 1 For the Nuclear Regulatory Commissica , S CLtud \ b k . Samuel '. Chilk i Secretary _ of the Comission c
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