ML20150C311
| ML20150C311 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1988 |
| From: | Bose D, Laura Smith NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), SMALL BUSINESS ADMINISTRATION, STATISTICA, INC. |
| To: | |
| Shared Package | |
| ML20150C268 | List: |
| References | |
| CON-FIN-D-1420, CON-NRC-39-88-241 NUDOCS 8803180115 | |
| Download: ML20150C311 (54) | |
Text
e o - . .
1 TsiS CONTR ACT IS A RATED ORDE H
- AWARD / CONTRACT UNDE R DPAS (15 CF R 350) l
- 2. CON T H AC T (Proc. inst. lden t J NO. 3. EF F LC16VL DAll 4. H LQUISt i lON/PV HC H A$L H LQUL$ i/ PHOJ L(1 N U.
SB9W-/-yC66 December 1i, 1987- ORM- 87-253 S. ISSUED BY E AoMsNisTLRLo BY su othn trien lum si CODEb CODE,l --
U.S. Small ,nstration Baltimor s Tha Eq e Build' g Thi,rd Floor 10 No alvert S et B,1ti , Maryl 2120 q% ~~
- 7. N A
- 6d NO ADORL$f UF CONT R AC1.Qh (No.. street, city, coun ty, Sto re end 2/P Codt J 8. OLLIVL R Y C FOB ORIGIN x OTHE R (Nec twtowJ Stcti a, I rporated ToisCOUNi FOR PROMPT PAvuCNT 11026 oweBottom Dri e Columbi 1 vland b. N/A N M t-
_10 SUBMIT INVOICES llT E M tt topses unirss other wise sPct#/wd; TO T HE a
Block 12 CODE l F ACILITY CODE ADDPESS SHOWN IN
- 31. 5 HIP 10/M AR K F O R 12. P A Y M L N 1 Yv l L L f3 L M A D L B Y CODEI CODE.
U.S. NRC, Division of Account ing 5 TInance, RM U.S. NRC, Attention: Steve Scott Mail Stop MNBB-7602 Attention: COV/COM Accounts Section 20555 Washington, D.C. 20555 Wnhingt on ._D..C,VNG OT HE
- 13. AU T HOR 11 V F O R U R TH AN F ULL AND OPE N COMPE f 4 3 4. AC COUN TING At4 D A PPE OP RI AT ION D A T A 15 USC 637(a) RFR No 40-20-07-25 APPN. No.-31X0200.408 I , FIN No. D1420 Obligate $15,000.00 O lo U.S C 23micH ] 41 U S C 251cn 15 15A. lTE M NO 158 SUFPLIES/ SERVICES ISC OU ANTITY 15D UNIT ISE UNIT PRICE 15F AMOUNT Th U.S. Nuclear Regulatory Commission (NRC) hereby accepts S t a t is t i.ca, Incorpoqatcd's Technical and Cost Proposals dated September 35, 1987, as revised Ocjtober 30, 1987 and November 4, 1987, which are incorporated hereih and made a pa rt herdof by refere;nce for the TLSS Procedures Project.
-15G. TOTAL AMOUNT OF CONTR ACT > $70,559.00
PART I- THE SCHEDULL PART tl - CONT R ACT CL AUSES
! A SOLICITATION /CONTR ACT FORY l t l CONTR ACT CL AUSES l 8 S JPPLIES OR SE PVICES AND PRtCES/ COSTS PAR T til - LIST OF DOCUMEt4TS E x HtBITS AND OT HE R AT T AC H, C DESCRIPTION / SPECS / WOR K ST ATEME NT lJ l LIST OF ATT ACHMENTS l O PACK AGING AND MARKING PAR T IV - REPR ESENT ATIONS At4D INST RUC TIONS E INSPECTION AND ACCEPT ANCE _
K REPRESENTATIONS.CE RTIFIC ATIONS AND F DEllVE RIES OR PE1FORVANCE OTHER STATEMENT 4 0F OFFERORS G CONTR ACT ADMINISTRATION D AT A L INSTRS , CONDS . AND NOTICE S TO OF Ft ROH5 l M EV ALUATION F ACTORS FOR AWARD I H SPECI AL CONTR ACT REQUIREVENTS CONTRACTING OfflCER Wili COMPL ETE ITEM 110R 18 AS APPLICABL E CONT R ACTOR'S NEGOt t AT ED AGR E EMENT (Contrattor La re 18. AWARD (Contrettor is not requered to seen thee documen t s voue 17.
Oulrti to esin tons document and return $_ topses to issuant of/ete i Citat*on Num>tt ~ .
trentraClor agrees to f urnish and delivet asi stems or Def f orm all the se# veCes set ofItf th addetoons ofChances rnade by you *hiCM addeteens or Changes on Sol'e encluding furin or otherwise edentified above and on any Continuateon sheets for the are set forth in f ull above. 5 hereby aCCeoted as tn the stems lested above and Consaderation stated herein. The esents and oblisateoris of the cartees to this on any Continuation sheets. This awa*d Consummates t*e Contract *M'Cn con-Cintf aCl shef f De suOjeCt to and 90verned Of the f ollo*eng documents: (a) this sts of the foisoneng docureents: ga) the Government's schCitaleon and vou' avva'd/Contratt, (b) the solicitation, et any, and (C) suCh proviseoes, red'esente- s'f o f et, and (D) thes a ward / Contract, nu f u* the' Contrac tual document es nec es-nt inc of pote t ed by sery.
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- C at 'o.ns, a s are a t t ach ed of scre,+1 19 A. N AML AND T IT LE OF SIGNE R (T)pe ur Prant/ 20A. N AML OF CONT H ACT tt4G OF F IC E R Lyndia P. Smith D. JN)6 D EC(5, DIRarox of RnNi1 comnAcitua_oterceg 20C. D A? L SIGNEO I 198.NA QF CONT ACTOR 19C DATL S*GNEO 20Es. UNIT L D 5T AILS Of AME #C A sv NL% -
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s NRC-39-88-241 Page 2 Secticn I 4
PART II -
CONTRACT CLAUSES SECTION I -
CONTRACT CLAUSES I.1. SPECIAL 8(A) SUBCONTRACT CONDITIONS (FAR 52.219-12) (APR 1984)
(a) The Small Business Administration (SBA) has entered into Contract No. NRC-39-88-241 with the Nuclear RegulatoryCommission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) The Statistica, Incorporated, hereafter referred to as the subcontractor, agrees and acknowledges as follows:
t (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-39-88-241 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility for the administration of this subcontract to the Nuclear RegulatoryCommissien with complate authority to take any action on behalf of the Government under the terms and conditions of this subcontract.
(3) That it will r.ot subcontract the performance of any of the requirements of thir subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the Nuclear RegulatoryCommission.
(c) Payments, including any progress pcyments under this subcontract, will be made directly to the subcontractor by the Nuclear RegulatoryCommission.
(End of Clause) s 4
1 l
Page 1 i
AWARD / CONTRACT OMB No. 0505-0005 Expiration Date: 05/31/88
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)
- 1. RATING: N/A
- 2. CONTRACT NO. 3. EFFECTIVE DATE 4. REQUISITION / PROJECT NO.
NRC-39-88-241 12/11/87 ORM-87-253 E ISSUED BY Code: 6. ADMINISTERED BY Code: "
(If other than Item 5)
U.S. Nuclear Regulatory Commission U.S. Nuclear kegulatory Commission Division of Contracts Division of Contracts (AR-2223)
Mail Stop AR-2223 Contract Administration Branch Washington, DC 20555 Washington, DC 20555
- 7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY (PRIME) Small Business Administration ( ) F0B ORIGIN Baltimore District Office ( ) OTHER (SUB) Statistica, Incorporated (See Section F) 11026 Willow Bottom Drive 9. DISCOUNT FOR PROMPT PAYMENT Columbia, Maryland 21044 N/A Duns Code: 093957454 Facilit; Code:
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 12
- 11. SHIP T0/ MARK FOR 12. PAYMENT WILL BE MADE BY Code: U.S. Nuclear Regulatory Commission If applicable, Division of Accounting and Finance see Section D GOV /COM Acounts Section of the Schedule Washington, DC 20555 Code:
- 13. AUTHORITY FOR USING OTHFS THAN Ft'LL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) ( )
- 14. ACCOUNTING AND APPROPRIATION DATA B&R No. 40-20-07-25, FIN No. D1420 Appropriation No. 31X0200.408, Obligate $15,000.00 15A. ITEM ISB. SUPPLIES / 15C. QUANTITY 150. UNIT 15E. UNIT 15F. AMOUNT NO. SERVICES PRICE The U.S. Nuclear Regulatory Commission (NRC) hereby accepts Statistica, Incorporated's Technical and Cost Proposals dated September 25, 1987, as revised October 30, 1987 and November 4, 1987, which are incorporated herein and made a part hereof by reference, for the TLSS Procedures Project. '
See Continuation Sheet i 15G. TOTAL AMOUNT OF CONTRACT $70,559.00 APPROVED BY GSA/0IRM 6/85 STANDARD FORM 26 (Rev. 4-85)
FAR(48 CFR) 53.214(a)
I
PAGE 2 AWARD / CONTRACT
- 16. TABLE OF CONTENTS PART/SECTION DESCRIPTION PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
- 17. (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 5 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein. (Attachments are listed herein.)
- 18. () AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, ar.d (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER 20A NAME OF CONTRACTING OFFICER (Type or print)
Lyndia P. Smith Timothy F. Hagan CONTRACTWn Amero 198. NAME OF CONTRACT 0R' 20B. UNITED ST TES 0F RICA by *, dl -) hnK by lI'W . 4 (Signature of person authorized to sign) (Signgture of fy'ntra'c Officer) 19C. DATE SIGNED 20C. DATE SIGNE ekf/M /
EXCEPTION TO STANDARD FORM 26 APPROVED BY GSA/0IRM 6/85
s PAGE 3
- NOTE:
The following clauses are deleted in their entirety from the solicitation and are replaced by the following clauses;
PAGE 4 NRC-39-88-241 Section B SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (MAR 1987)
- a. It is estimated that the total cost to the Government for full performance of this contract will be $70,559.00, of which the sum of $65,943.00 represents the estimated reimbursable costs, and of which $4,616.00 represents the fixed fee.
- b. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.
- c. The amount presently obligated by the Government with respect to this contract is $15,000.00.
(EndofClause)
(
-r-omeu PAGE 5 NRC-39-88-241 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 PLACE OF DELIVERY--REPORTS (MAR 1987)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
- a. Project Of ficer (1 copies)
U.S. Nuclear Regulatory Commission ,
Contract Number: NRC-39-88-241 '
Office of ARM Division of IRM Mail Stop: 7602 MNBB Washington, D.C. 20555
- b. Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-39-88-241 Division of Contracts Contract Administration Branch Mail Stop: AR-2223 Washington, D.C. 20555 (End of Clause)
F.2 DURATION OF CONTRACT PERIOD (MAR 1937)
This contract shall commence on 12/11/87 and will expire on 12/10/88.
l (End of Clause)
F.3 Notwithstanding the delivery requirement specified under Section C.I.3.10, the Contractor shall provide deliverables in accordance with the following schedules. For purposes of this contract, the project initiation date is t9 contract effective date:
SCHEDULE OF DELIVERABLES Deliverable: Overall Project Plan Deliverable Due Date: Two we?ks after project initiation date Task 0
______-------------------_--------------I
C T:.43W y yn*y wo:WR%.2 ~ 'eg'?RMy;M%M -
tY '1?MM4%Na yid { f :
$ N $ i $ "$[' h d b e h d Fi. ?,I. M L 2 }. $s i
PAGE 6 t
NRC-39-88-241 Section F s
f Deliverables: a) Task Plan l l
b) Baseline requirements definition / background analysis study i
c) Electronic text processing standards and protocols procedures 1
d) Guidelines identifying types of I documents to be stored in the TLSS Deliverables Due Date: One calendar week after project initiation date - Task Plan l
Seven calendar weeks after project initiation date - All Others Task 1 l
Deliverables: Document Submission Procedures Deliverables Due Date: Seven weeks after project initiation 1
date - Task Plan l
24 weeks after project initiation date
- Procedures l
Task 2 Deliverables: Document Receipt Procedures Deliverables Due Date: Seven weeks af ter project initiation date !
- Task Plan l
1 24 weeks after project initiation date i - Procedures
- Task 3 l
' l I Deliverables: Document Processing Procedures Docurr.ent Handling Matrix Deliverables Due Date: Seven weeks after project initiation date
- Task Plan l 24 weeks after project initiation date
- Procedures and Matrix Task 4 Deliverables: Document Distribution Procedures i
Deliverables Due Date: Seven weeks after project initiation date
- Task Plan f
PAGE 7 NRC-39-88-241 Section F 24 weeks after project initiation date
- Procedures Task 5 Deliverables: Records Management Procedures Deliverables Due Date: Seven weeks after project initiation date
- Task Plan 24 weeks after project initiation date
- Procedures Task 6 Deliverables: TLSS User Guidelines / Manual Deliverables Due Date: 24 weeks after project initiation date
- Task Plan 26 weeks af ter project initiation date
- Manual Task 7 Deliverables: Procedures to identify and collect l relevant documents and otherwise retrofit the current TLSS data base Deliverables Due Date: Nine weeks after project initiation date
- Task Plan i
15 weeks after project initiation date
- Procedures l
l
__________J
+ PAGE 8 NRC-39-88-241 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
- a. The Contracting Officer's authorized representative hereinaf ter referred to as the Project Officer for this contract is:
b'ame : Steve Scott Address: Office of the Deputy Director for Information Resources Management Washington, D.C. 20555 Telephone Number: 492-4979
- b. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer. The term "Technical Direction" is defined to include the following:
, 1) Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.
- 2) Providing advice and guidance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
- 3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract,
- c. Technical direction must be within the general statement of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical di ection which:
- 1) Constitutes an assignment of additional work outside the general scope of the contract.
- 2) Constitutes a change as defined in tLe "Changes" clause of this contract.
- 3) In any way causes en 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. '
4
w- s v, ,v ,w w. cwaw+ - "cag y w.ggg g gpawggN" '1 -
PAGE 9 NRC-39-88-241 Section G
- 5) Terminates the contract or settles any claim or t
dispute arising under the contract, or issue any unilateral direcM ,e ,,hatever,
- d. All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days af ter verbal issuance. A copy of said written direccion shall be submitted to the Contractinc Officer.
- e. The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause,
- f. 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 c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and snall request the Contracting Officer to modify the contract accordingly. Upor receiving such notification from the Contractor, the Contra: ting Officer shall issue an appropriate contract j i
modification or advise the Contractor in writing that, in the !
Contracting Officer's opinion, the technical direction is within the l scope of this article and does not constitute a change under the Changes Clause,
- g. Any unauthorized commitment or direction issued by the Project Officer may result in en unnecessary delay in the Contractor's performance, and mw even result in the Contractor expending funds for unallowable costs under the contract. .
j
- h. 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 52.233 Disputes.
l 1. In addition to providing technical direction as defined l
above, ut Pro.iect Officer is responsible for:
- 1) Monitoring the Contractor's technical progress, l including surveillance and assessment of performance, and l recommending to the Contracting Officer changes in requirements.
- 2) Assisting the Contractor in the resolution of technical problems encountered during performance.
- 3) Reviewing all cc.sts requested for reimbursement by Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
3 i
(End of Llause)
I
PAGE 10 NRC-39-88-241 Section H i
SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (MAR 1987) i
- a. The following individuals are considered to be essential to the successful performance of the work hereunder.
Eileen Marshall James Disciullo William Gunter I
The Contractor agrees that such personnel shall not be l removed from the contract work or replaced without compliance with i paragraphs b and c hereof. I
- b. If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than j indicated in the proposal or initially anticipated, the Contractor
} shall immediately notify the Contracting Officer and shall, subject t
to the concurrence of the Contracting Officer, promptly replace such f personnel with personnel of at least substantially equal ability and l qualifications.
\ l
- c. All requests for approval of substn.utions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will l evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.
l d. If the Contracting Officer determines that:
1
- 1) Suitable and timely replacement of key personnel who l have been reassigned, terminated or have otherwise become l unavailable for the contract work is not reasonably forthcoming; or
- 2) That the resultant reduction of effort would be so l substantial as to impair the successful completion of the contract l or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
o PAGE 11 NRC-39-88-241 Section H (End of Clause)
1 Page 1 l i
l SOLICITATION, OFFER AND AWARD I OMB No. 0505-0005 l Expiration Date: 05/31/88
- 1. TITLE:
- 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RS-0RM-87-253 Negotiated (RFP) ,
- 5. DATE ISSVED 6. REQUISITION /PVRCHASE NO.
September 25, 1987 ORM-87-253
- 7. ISSVED BY 8. ADDRESS OFFER TO All proposals should be addressed U.S. Nuclear Regulatory Commission as indicated in Block 7, however, Division of Contracts handcarried proposals (including Mail Stop AR-2223 Express Mail) must be delivered Washington, DC 20555 to the address in Block 9.
NOTE: In sealed bid solicitations, "offer and offeror" mean "bid and bidder".
SOLICITATION
- 9. Sealed offers in original and 3 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 Montactery Avenue, Bethesda, Md. 20814, until local time on September 28, 1987. CAVTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 5P 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: Cindy M. Fleenor e, . TELEPHONE NO.: (301) 492-4741 (No Collect Calls)
- 11. TABLE OF CONTENTS PART/SECTION DESCRIPTION PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS '
M EVALVATION FACTORS FOR AWARD EXCEPTION TO STANDARD FORM 33 STANDAR0 FORM 33(REV-4-85) ,
APPROVED BY GSA/0IRh 6/85 FAR(48 CFR) 23.214(C)
1 s
l
. I PAGE 2 SOLICITATION, 0FFER AND AWARD OFFER (Must be fully completed by offeror)
NOTE: 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 _.4E 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 offered 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, Clause No. 52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days Calendar days
% % .c % %
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The of feror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO DATE AMENDMENT NO DATE HoMS -
15A. NAME AND A00RESS OF OFFER 0R 16. NAME AND TITLE OF PERSON DUNS Code:
Faci g yg g y a AU ORIZED T FjE) ,3. 3p/b Bo3E ya2j mu.ow no rr** /M bwaanps# er 09 3*lT-7 6 V c,wnwA NA AW Type or Iou)r nt 158. TELEPHONE NO. (Include Are,a Code) b o O M(T V - / 9//
15C. ( ) CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM AB0VE--ENTER SUCH ADDRESS IN SCHEDULE
- 17. SIGNATURE: gfpp- S Z. 4744*f- 18. OFFER DATE: Sap /rWV .:tJ; /9/r/
AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBEREO 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)(5) ( ) 41 U.S.C. 253(c)( ) <
- 23. SUBMIT INVOICES TO ADDRESS S4OWN IN ITEM 25:
(4 copies unless otherwise specified)
- 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 of ficial written notice.
EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/0!RM 6/85
\
TABLE OF CONTENTS PAGE SOLICITATION, OFFER AND AWARD, . . . . . . . . . . . . . . . . . . . 1 TABLE OF CONTENTS. . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . 6 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987). . . . . . . . . . . . 6 B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE . . . . . 6 (MAR 1987)
SECTION C - DESCRIPTION / SPECIFICATION. . . . . . . . . . . . . . . . 7
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987). . . . . . . . . . . . . . . . 7 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . 12 0.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . 12 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . 13 E.1 CLAUSES INCORPORATED BY REFERENCE , . . . . . . . . . . . . 13 (FAR 52.252-2) (APR 1984)
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . 13 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . 14 F.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 14 (FAR 52.252-2) ( APR 1984)
F.2 PREPARATION OF TECHNICAL REPORTS (MAR 1987) . ...... 14 F.3 TECHNICAL PRDGRESS REPORT (MAR 1987). . . . . . . . . . . . 14 F.4 FINANCIAL STATUS REPORT (MAR 1987). . . . . . . . . . . . . 15 F.5 PLACE OF DELIVERY--REPORTS (MAR 1987) . . . . . . . . . . . 15 F.6 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 16 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . 17 G.1 INDIRECT RATES (MAR 1987) . . . . . . . . . . . . . . . . . 17 G.2 PROJECT OFFICER AUTHORITY (MAR 1987). . . . . . . . . . . . 17 G.3 METHOD OF PAYMENT (MAR 1987). . . . . . . . . . . . . . . . 19 G.4 PAYMENT DUE DATE (MAR 1987) . . . . . . . . . . . . . . . . 20 G.5 INTEREST ON OVERDVE PAYMENTS (MAR 1987) . . . . . . . . . . 21 G.6 REMITTANCE ADDRESS (MAR 1987) . . . . . . . . . . . . . . 21 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . 23 H.1 KEY PERSONNEL (MAR 1987) . . . . . . . . . . . . . . . . . . 23 H.2 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987). . . . . . 24 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) . 24 :
H.4 ORAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987). . . . . . 24 H5 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . . 24 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
H.6 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . . 26 (MAR 1987)
H.7 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . 27 (MAR 1987)
PART II - CONT RACT C LAUS ES . . . . . . . . . . . . . . . . . . . . . 28 i
. SECTION I -
CONT RACT C LAUS ES . . . . . . . . . . . . . . . . . . , 28 I.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 28
TABLE OF CONTENTS PAGE (FAR 52.252-2) (APR 1984)
I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 29 I.3 SPECIAL 8(A) SUBCONTRACT CONDITIONS . . . . . . . . . . . . 31 (FAR 52.219-12) ( APR 1984) 1.4 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984) . . 31 PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . 41 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . 41 J.1 ATTACHMENTS (MAR 1987). . . . . . . . . . . . . . . . . . . 41 PART IV -
REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 42 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . 42 OTHER STATEMENTS OF 0FFER0RS K.1 CONTINGENT FEE REPRESENTATION AND . . . . . . . . . . . . . 42 AGREEMENT (FAR 52.203-4) (APR 1984)
K.2 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987) . . 42 K.3 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984) . . . . . 43 K.4 PLACE OF PERFORMANCE (FAR 52.215-20) (APR 1984) . . . . . . 43 K.5 SMALL BUSINESS CONCERN REPRESENTATION . . . ........ 43 (FAR 52.219-1) (MAY 1986)
K.6 SMALL DISADVANTAGED BUSINESS CONCERN. . . . . . . . . . . . 44 REPRESENTATION (FAR 52.219-2) (APR 1984)
K7 WOMEN-0WNED SMALL BUSINESS REPRESENTATION . . . . . . . . . 45 (FAR 52.219-3) (APR 1984)
K.8 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. . . 1 .... 45 (FAR 52.220-1) (APR 1984)
K.9 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . 45 (FAR 52.222-21) (APR 1984)
K.10 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . 46 (FAR 52.222-22) (APR 1984)
K.11 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . 47 (FAR 52.222-25) (APR 1984)
K.12 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987) . . . . . . 47 K.13 CERTIFICATION REGARDING DEBARMENT STATUS (MAR 1987) . . . . 48 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . 49 TO 0FFERORS L.1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . . . . 49 REFERENCE (FAR 52.252-1) (APR 1984)
L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984). . . . . . . . . 49 L.3 LEVEL OF EFFORT (MAR 1987). . . . . . . . . . . . . . . . . 50 L.4 ESTIMATED DURATION (MAR 1987) . . . . . . . . . . . . . . . 50 L.5 ACCEPTANCE PERIOD (MAR 1987). . . . . . . . . . . . . . . . 50 L.6 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION . . 50 (MAR 1987) ALTERNATE I (MAR 1987)
L.7 PROPOSAL PRESENTATION AND FORMAT (MAR 1987) . . . . . . . . 50 L.8 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987). . 53 L.9 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987). . 53 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . 54 M.1 SOLICITATION PROVISIONS INCORPORATED BY .......... 54 REFERENCE (FAR 52.252-1) (APR 1984)
PAGE 5 OFFER 0RS/ BIDDERS PLEASE NOTE:
An (*) means the information is to be incorporated into any resultant contract.
PAGE 6 RS-0RM-87-253 Section B l
, SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)
The contractor shall provide all necessary services to assist the U.S. Nuclear Regulatory Commission (NRC) in the preparation and implementation of procedures for the "Tran:itional Licensing Support System Procedures Project."
(End of Clause)
B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXE 0 FEE (MAR 1987)
- a. It is estimated that the tocal cost to the Government for full performance of this contract will be *
, of which the sum o f ___
- represents the estimated reimbursable costs, and of which represents the fixed fee.
- b. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.
- c. The amount presently obligated by the Government with respect to this contract is ___*
i .
(End of Clause)
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' PAGE 7 RS-0RM-87-253 Section C SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)
C.
1.1 BACKGROUND
The U.S. Nuclear Regulatory Commission (NRC) has been mandated by the Nuclear Waste Policy Act (NWPA) to review the Department of Energy's (DOE) license application for the nation's first of its kind high level waste (HLW) repository. The licensing process, which has already begun, is creating substantive record management requirements. As a first step in developing a comprehensive system to support the HLW review system, the DOE released a request for proposal in 2/87 to develop the HLW licensing support system (LSS).
The NRC's requirement associated with managing HLW licensing records cannot wait until the LSS is operational. Therefore, NRC has established an interim system known as the Transitional Licensing Support System (TLSS). Basically, the purposes of the TLSS are:
- 1. To provide a mechanism for the capture, storage, search and access of HLW licensing documents until such time that the LSS is operational,
- 2. To demonstrate the application of new state-of-the-art image / text management technology.
The TLSS is both a full-text and image storage, search and retrieval system. The current system provides direct access to either surrogate or text records of documents created or received by NRC's Division of Waste Management (DWM) that may have relevancy to HLW licensing; and, will eventually provide access to images of the records stored on optical disk. Many of the documents stored in the sad TLSS are also eventually to thesent to the NRC's Commission's Document Public Control Document RoomSystem (PDR). (DCS)hese f
records will also need to be made available in Local PDR's and may be cross-filed in other NRC record systems. While the TLSS is functioning in support of work performed by NRC's DWM, detailed procedures for its operation, maintenance, and integration with other agency functions have not been developed nor implemented.
There are many record management issues associated with the HLW licensing process which have not been answered to date that may affect the operation and maintenance procedures for the LSS. Final answers for many of these issues cannot be given until such time that the NRC completes a proposed negotiated rulemaking to revise its Rules of Practice for Domestic Licensing Proceedings,10 CFR 2.
- PAGE 8 RS-ORM-87-253 Section C (See Federal Register Volume 52, No. 150, P. 29024.) In contrast to conventional rulemaking where the agency develops the rule independently, the negotiated rulemaking will enable representatives of key interested parties, working under a mediator, to develop a proposed rule for NRC's approval.
Some of the questions that must be resolved through the negotiated rulemaking, or in several instances, within NRC, before final LSS procedures can be created include, but are not limited to, those below:
- 1. What categories of information are relevant to the HLW licensing decision, i.e., define the acceptable documentation standards?
i
- 2. What procedures are required to assure that documentation relevant to the HLW licensing decision are placed in the LSS?
I 3. Which documentation is required in full-text in LS$ to support the HLW review?
- 4. How should staff "working files" be handled with respect to the LSS7 4
- 5. What is required to integrate the LSS with other agency information functions, e.g., Public Document Rooms, Publication Services, DCS, LPDR's, etc.?
- 6. What is required to assure that LSS can serve as the NRC records for purposes of compliance with the Federal Records Act and NARA Regulations?
- 7. What QA/QC procedures are needed to provide an acceptable level of file integrity and retrieval effectiveness?
t
- 8. What controls, if any, will be placed on access to records in the LSS database?
- 9. How will the LSS handle time-sensitive documents, e.g.,
reports sent to Congress, but not released to the public until 10 days later?
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- 10. How will annotated or otherwise altered documents be handled
- in LSS?
C.1.2 OBJECTIVE
) Within the context described above, NRC has identified several major
- procedures which need to be written and implemented as soon as
- practical to insure the integrity, reliability, and credibility of the NRC's current TLSS database that is being built by NRC. These j procedures, which would include as subsets, all relevant protocols and authorities to provide preliminary guidance to NRC staff until such time that formal procedural guidelines for the LSS evolve from the negotiated rulemaking. Development of the procedures will i
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. PAGE 9 RS-ORM-87-253 Section C require close coordination within the NRC and is anticipated to l a include the PDP., Of fice of the General Counsel, Of fice of the '
3ecretary of the Commission, Office of Administration and Resources Management, Atomic Safety and i.icensing Board Panel and the National Archives and Records Administration. '
i C.1.3 SCOPE OF WORK -
C.I.3.1 The contractor shall provide the necessary personnel and services to l' assist the NRC in the preparation of final written procedures for the TLSS and assist in their imolementation. The preliminary list of procedures are identified as Task 1 through Task 7 of this Statement of Work. For each procedure, the contractor shall first provide to NRC for approval a proposed plan of action for its development and implementation, including major milestones. The i plan shall also identify all external and internal coordination needed and obtained. The procedures must be structured to assure that the TLSS can provide timely, efficient, cost-effective and quality service (e.g., the procedures cannot be so complex as to delay delivery of documents or so abbreviated that incomplete documents get delivered to staff); and, the procedures must assure that NRC meets all legal requirements that apply to Federal records and NRC's rules of procedures and practice, including the negotiated rulemaking for the High Level Waste Management Hearing. Proposed plans for each task shall be provided to the Project Officer within seven (7) calendar days of the commencement of individual task efforts. i C.I.3.2 Prior to any work on any specific procedure the contractor shall develop an overall plan and schedule that identifies the scope of the entire project. This plan shall include any recommendations by the contractor for the deletions or additions to the proposed list t of procedures. This plan shall be provided to the Project Officer within 14 calendar days after the contract effective date. l
- C.1.3.3 TASK 1 - DOCUMENT SUBMITTAL PROCEDURES 1
Procedures shall establish standards and protocol for electronic i
text processing, imaging and transmission of contractor documents
- for LS$ placement. Procedures shall identify types of documents to ;
be submittec', where they shall be submitted, and what methods shall be used to authenticate and verify submission.
j C.1.3.4 TASK 2 - DOCUMENT RECEIPT PROCEDURES 1
l Procedures shall provide direction on screening, logging-in, and i examining for compliance with standards, documents designated for
) LSS entry. Procedures shall include a decision chain for "problem"
] documents and methods of weeding out duplicate documents.
C.I.3.5 TASK 3 - DOCUMENT PROCESSING PROCEDURES l
PAGE 10 RS-0RM-87-253 Section C ,
- a. Procedures shall be based on a Document Handling Matrix which ;
4 demonstrates processing operations vis-a-vis document characteristics, i.e. document type, form of document (electronic.
hard copy), coding and indexing requirements, and access / availability coding (withheld or public). ,
- b. The procedure shall: address the handling of draft documents, i identify documents to be stored in full text, include criteria for ;
l determining whether OCR scanning or manual transcribing of document is required.
- c. Factored into the development of the Document Handling Matrix shall be workload burden on DCC and staff and other cost-versus-value assessments.
- d. Scheduling of document processing flows and document turn-around times shall be addressed.
C.I.3.6 TASK 4 - DOCUMENT DISTRIBUTION PROCEDURES Procedures shall explain all phases of distribution process with respect to LSS documents. Standard distribution patterns based on l document type, subject matter and various legal requirements shall be established and provisions for maintenance included. L Consideration shall be given to the form of the distribution product ,
(electronic, hard copy, etc.) and the format of the distribution product (entire database, portions of, specifically formatted lists !
of documents, individual documents etc.). l Special attention shall be given to LSS interface with the POR and >
Lp0Rs to ensure public access requirements are met in the m o t effective and efficient manner. i C.I.3.7 TASK 5 - RECORDS MANAGEMENT PROCEDURES Specifications shall be established to ensure LSS compliance witt the National Archives standards for: file integrity, indexing records disposition scheduling and archival storage.
! Pertinent to the development of the records management procedures is j the fact that much of NARA's standards regarding electronic records 1 and optical disk storage media are currently undergoing review and l revision or have yet to be established, j C.I.3.8 TASK 6 - STAFF GUIDELINES AND RESPONSIBILITIES PROCEDURES J
- 3. Procedures shall identify what documents are to be placed on i LSS. Included in discussions shall be: criteria for determining what documents are "relevant" to HLW program, and explanation of
- the FOIA and discovery process and how they may impact individual staff members records management responsibilities, a description of l information which is normally withheld from publish disclosure '
(classified, proprietary, SGI, etc.) and an indication of at what
- point in the document life cycle will a document be placed in the 1
1
?
i
. - - - - - - . ~_ . _ _ . - - . . ~ _ _ - , , , _ _ .
.- _ _. . - . = _ . . _ _ - . _- .. - .- -_ _ _ - . .- .
- PAGE 11 RS-ORM-87-253 Section C 1 LSS and how it is to be transmitted.
i
- b. Procedures shall outline staff responsibilities with respect to !
drafts, handwritten notes, and anr.otated copies of documents deemed ;
relevant to HLW.
- c. Instructions in the coding and indexing of documents shall be !
provided to assist in: keyword assignment, file designation, l access / availability coding, etc. i
! A key concern in the development of these staff guidelines is
- the outcome of the negotiated rulemaking. One of the chief objectives for the LSS is to obviate the normal discovery process !
i associated with the licensing hearing phase. This must be i accomplished without putting an unreasonable burden on staff or ;
j hampering effective database management.
C.1 3.9 TASK 7 - SPECIAL PROCEDURES (IDENTIFICATION AND COLLECTION OF EXISTING DOCUMENTS RELEVANT TO HLW REPOSITORIES l i Procedures shall describe the steps necessary to identify, retrieve, :
4 store, and send to LSS, the documents generated in the past that are
- relevant to the HLW repository regulatory program. Procedures shall outline plans for identifying organizations and persons creating or receiving relevant documents. The next step shall be estimating the .
i volume of documents to be collected and what portion of the 1
documents are in a usable electronic media. The responsibility for coding the header information shall be established. Documents shall
- be collected and phased into the ongoing DCC/LSS operations within a l
specified time frame.
i C.1.3.10 1
) The contractor shall commence performance under each task upon i notification by the Project Officer. The contractor is notified that p?rformance under any individual tasks may be required i simultaneously. Final written procedures and implementation for 1 each task shall be accomplished within forty-five (45) calendar days j after commencement of individual task efforts.
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(End of Clause) a l
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- PAGE 12 )
RS-0RM-8/-253 Section D o ,
- SECTION D - PACKAGING AND MARKING 1
0.1 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 j the product is being provided. ,
i (End of Clause) i t
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o PAGE 13 RS-ORM-87-253 Section E o
SECTION E - INSPECTION AND ACCEPTANCE 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 52.246-5 APR 1984 INSPECTION OF SERVICES--
COST-REIMBURSEMENT 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) l i
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PAGE 14 l RS-ORM-87-253 Section F ;
l SECTION F - DELIVERIES OR PERFORMANCE i
i F.1 CLAUSES INCORPORATED BY REFERENCE l' (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 52.212-13 APR 1984 STOP-WORK ORDER ALTERNATE I (APR 1984) i r
F.2 PREPARATION OF TECHNICAL REPORTS (MAR 1987) l
- All technical reports required by Section C and all Technical ,
- Progress Reports required by Section F are to be prepared in '
l accordance with the attached NRC Hanual Chapter 3202. NRC Manual ;
a Chapter 3202 is not applicable to the Spending Plan and the !
Financial Status Report (See Section J for List of Attachments). ;
(End of Clause)
F.3 TECHNICAL PROGRESS REPORT (MAR 1987)
The Contractor shall provide a monthly Technical Progress
- Report to the Project Officer and the Contracting Officer. The i report is due within 15 calendar days after the end of the report
. period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall inc1Jde the following:
- a. A listing of the efforts completed during the period; j milestones reached or, if missed, an explanation provided; I
b, Any problems or delays encountered or anticipated and
- recommendations for resolution; (if the recommended resolution i involves a contract modification, e.g., change in work requirements, ,
! level of effort (cost) or schedule delay, the Contractor shall l j submit a separate letter to the Contracting Officer indentifying the i required change and estimated cost impact). (
l
PAGE 15 ,
RS-ORM-87-253 Section F Q l
- c. A summary of progress to date; and
- d. Plans for the next reporting period.
l (End of Clause) '
l F.4 FINANCIAL STATUS REPORT (MAR 1987)
The Contractor shall provide a monthly Financial Status Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall include the following for each discrete task:
- a. Provide total estimated cost (value) of the project as reflected in the contract, the amount of funds available in the contract to date, and the balance of funds required to complete the work as follows:
- 1) Total Estimated Contract Amount.
- 2) Total Funds Obligated To Date.
- 3) Total Costs Incurred This Reporting Period.
I 4) Total Costs Incurred To Date.
- 5) Balance of Obligations Remaining.
- 6) 3alance of Funds Required To Complete Contract.
- b. Detail of all direct and indirect costs incurred during the reporting period for each task.
- c. Update the approved Spending Plan.
(EndofClause)
F. 5 PLACE OF DELIVERY--REPORTS (MAR 1987)
The items to be furnished hereunder shall be delivere:' with all charges paid by the Contractor, to:
- a. Project Officer (1 copies)
U.S. Nuclear Regulatory Commission Contract Number:
Office of __*
Division of
- Mail Stop:
- Washington, D.C. 20555 1
i b. Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number:
- Division of Contracts Contract Administration Branch
+ PAGE 16 RS-ORM-87-253 Section F Mail Stop: AR-2223 Washington, D.C. 20555 (End of Clause)
F.6 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on -* and will expire on (End of Clause)
. PAGE 17 i RS-ORM-87-253 Section G ;
- h SECTION G - CONTRACT ADMINISTRATION DATA G.1 INDIRECT RATES (MAR 1987)
I
- a. Pending the establishment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:
CATEGORY RATE (%) COST BASE APPLICABLE PERIOD Overhead Fringe Benefits __
- *
- I G&A ___
l
- b. The Contracting Officer may adjust the above rates as !
appropriate during the term of the contract upon acceptance of any l revisions proposed by the Contractor. It is the Contractor's i responsibility to notify the Contracting Officer in accordance with j 52.232 Limitation of Cost or 52.232 Limitation of Funds ,
j as applicable, if such change (s) affect (s) performance of work
! within the established cost or funding limitations.
(End of Clause)
G.2 PROJECT OFFICER AUTHORITY (MAR 1987)
+
i 4 a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
l Name:
- Address:
1 a i
Telephone Number: _ _ _
- b. Performance of the work under this contract shall be i subject to the technical direction of the NRC Project Officer. The !
term "Technical Direction" is defined to include the following:
4
- 1) Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or l 3
otherwise serves to accomplish the contractual statement of work.
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PAGE 18 ;
RS-ORM-87-253 Section G I
- 2) Providing advice and guidance to the Contractor in the preparation of drawings, specifications or technical portions of the '
work description.
- 3) Review and, where required by the contract, approval ,
of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government j under the contract.
- c. Technical direction must be within the general statement 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 "Changes" clause os this contract.
- 3) In any way causes an increase or decrease in the total r estimated contract cost, the fixed fee, if any, or the time required for contract performacce.
- 4) Changes any of the expressed terms, conditions or J specifications of the contract. i i
- 5) Terminates the contract or settles any claim or dispute arising under the contract, or issue any unilateral i directive whatever.
I d. All technical direction: shall be issued in writing by the
] Project Officer or shall be confirmed by such person in writing I within ten (10) working days after verbal issuance. A copy of said written direction shall be submitted to the Contracting Officer, j I e. The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the ,
i manner prescribed by this clause and within such person's authority under the provisions of this clause.
, f. If, in the opinion of the Contractor, any instruction or !
1 direction issued by the Project Officer is within one of the >
categories as defined in c above, the Contractor shall not proceed but shall nutify the Contracting Officer in writing within five (5) ,
i working days af ter the receipt of any such instruction or direction ;
i and shall request the Contracting Officer to modify the contract 1 accordingly. Upon receiving such notification from the Contractor,
'j the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the 1
]
Contracting Officer's opinion, the technical direction is within the ,
! scope of this article and does not constitute a change under the '
, Changes Clause. J
] i
- g. Any unauthorized commitment or direction issued by the i
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. PAGE 19 RS-ORM-87-253 Section G l i
t Project Officer may result in an unnecessary delay in the
, Contractor's performance, and may even result in the Contractor i expending funds for unallowable costs under the contract.
4
- h. 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 52.233 Disputes.
- 1. In addition to providing technical direction as defined above, the Project Officer is responsible for:
t
- 1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and !
4 recommending to the Contracting Officer changes in requirements.
- 2) Assisting the Contractor in the resolution of technical problems encountered during performance, j
- 3) Reviewing all costs requested for reimbursement by Contractor and submitting to the Contracting Officer recommendations !
for approval, disapproval, or suspension of payment for supplies and ,
l services required under this contract.
a (End of Clause) i G.3 METHOD OF PAYMENT (MAR 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 l has access to the Federal Reserve Communications System, the ;
Contractor shall forward the following information in writing to the Contracting Officer within seven days af ter the effective date of the contract, i 1) Name and address of organization.
l 2) Contact person and telephone number, a
J
- 3) Name and address of financial institution. l
! 4) Contractor's financial institution's 9-digit ABA
, identifying number for routing transfer of funds. '
j 5) Telegraphic abbreviation of Contractor's financial j institution. ;
{ 6) Account number at Contractor's financial institution.
l 7) Signature and title of person supplying this information.
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. PAGE 20 RS-ORM-87-253 Section G
- c. In the event the Contractor's financial institution does '
not have access to the Federal Reserve Communication System, the i 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 after the effective date of the contract. i
- 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 institution.
- 5) Account number at Contractor's financial institution.
- 6) Name and address Of the correspondent financial -
institution that has access to the Federal Reserve Communications '
System.
- 7) Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds.
, 8) Telegraphic abbreviation of correspondent financial j institution. '
i
- 9) Signature and title of person supplying this information, i ,
- d. Any changes to the information furnished under this clause shall be furnished to the Contracting Officer in writing. It is the r i Contractor's responsibility to furnish these changes primptly to
! avoid payments to erroneous bank accounts.
(EndofClause) 1 G.4 PAYMENT DUE DATE (MAR 1987) i
- a. Progress payments, if authorized under this contract, will be due thirty (30) calendar days af ter receipt of a proper invoice j in accordance with the attached "Billing Instructions" (See Section .
J for List of Attachments). Such payments are solely for financing l'
purposes and shall not accrue interest under the Prompt Payment Act.
, b. Payments subject to the Prompt Payment Act under this l contract will be due 30 calendar days after the later of: ,
- 1. The date of actual receipt of a proper invoice in 4 accordance with the attached "Billing Instructions", or l I
- 2. The date the final deliverable products / services are !
accepted by the Government, or i
.i 1
r 1
i
. PAGE 21 RS-0RM-87-253 Section G
- 3. The date the contract expires,
- c. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after receipt of the final deliverable product or completion of performance of all services in accordance with the terms of the contract.
- d. If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph c of this clause will apply to the new delivery of the final product / service.
(End of Clause)
G.5 INTEREST ON OVERDVE PAYMENTS (MAR 1987)
- a. The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or impropeely 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 27321, 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 intarest rate applicable on the payment date. Interest will be ccJ:4ced from the day af ter the due date through the payment date.
- c. For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.
(End of Clause)
G.6 REMITTANCE ADDRESS (MAR 1987)
If item 15C. of the Standard Form at has been checked, enter the remittance address below.
Name:
Address:
PAGE 22 RS-0RM-87-253 Section G (End of Clause)
. PAGE 23 RS-ORM-87-253 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (MAR 1987)
- 2. The following individuals are considered to be essential to the successful perforranca of the work hereunder.
The bntractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof.
- b. If one or more of the key personnel for whatever reason becomes, or is expected ta become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially.less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications,
- c. All requests for approYal of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.
- d. If the Contracting Officer determine that:
- 1) Suitabic, and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or
- 2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract or the service oroer, the contract 3y be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed
- PAGE 24 RS-0RM-87-253 Section H fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
(End of C1cuse)
H.2 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987)
The Contractor shall comply with the attached requirement of NRC Manual Chapter 3202 and 3206 (See Section J for List of Attachments) regarding publications or any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.
(End of Clause)
H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, inforr,ation and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connet.t. ion with the work under this contr>.;t.
(End of Clause)
H.4 DRAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987)
All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the ,
foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.
(End of Clause)
H.5 CONTRACTOR ORGANIZATIONAL CONFLICTS 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:
. PAGE 25 RS-ORM-87-253 Section H
- 1) Is not placed on a confl.icting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its 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 provision of ,
this contract, during the term of this contract, the Conu sctor 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 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.
- d. Disclosure after award.
- 1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).
- 2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Cfficer. 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 parformance 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
. PAGE 26 RS-0RM-87-253 ,
Section H such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
- 2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data 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 rioht 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 20-1.5402(h),
the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms "contract," "Contractor,"
and "Contracting Officer," shall be appropriately modified to preserve the Government's rights.
- g. Remedies. For breach of any of the above prescriptions or for 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. Waiter. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accredance with the procedures outlined in 20-1.5411.
(End of Clause)
H.6 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS '
(MAR 1987)
Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under ,
Wage Determination Number dated which is attached (See Section J for List of Attachments).
1 (End of Clause) l
- PAGE 27 RS-0RM-87-253' Section H n
H.7 GOVERNMENT FURNISHED 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) 1 1
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I
- PAGE 28 l RS-0RM-87-253 Section I I l
l l
PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORI.TED BY REFERENCE (FAR 52.252-2) (APR 1984)
This cot tract 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 52.202-1 APR 1984 DEFINITIONS i 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 ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1984 AUDIT -- NEGOTIATION 52.215-22 APR 1984 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 52.215-23 APR 1985 PRICE REGUCTION FOR DEFECTIVE COST OR PRICING DATA -- MODIFICATIONS 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.215-25 APR 1985 SUBCONTRACTOR COST OR PRICING DATA -- MODIFICATI0tlS 52.215-26 JUL 1986 INTEGRITY OF UNIT PRICES ALTERNATE I (JUN 195;)
52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.216-7 APR 1984 ALLOWABLE COST AND PAYMENT 52.216-8 APR 1984 FIXED FEE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 1
, PAGE 29 RS-0RM-87-253 Section I 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 52.222-3 APR 1984 CONVICT LABOR 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 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 APR 1984 INSURANCE -- LIABILITY TO THIRD PERSONS 52.232-20 APR 1984 LIMITATION OF COST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I (APR 1984) 52.233-3 JUN 1985 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) 52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS 52.243-2 APR 1984 CHANGES -- COST-REIM3URSEMENT ALTERNATE I (APR 1984) 52.244-2 JUL 1985 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS ALTERNATE I (APR 1984) 52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING f 52.249-6 MAY 1986 TERMINATION (COST-REIMBURSEMENT)
ALTERNATE II (APR 1984) 52.249-14 APR 1984 EXCUSABLE DELAYS I.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 prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or 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 of ficer, partner, employee, or agent of a prime Contractor.
1 l
. PAGE 30 RS-0RM-87-253 Section I "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 services 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 any 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 of ficer, partner, employee, 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 contrcet 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 kickback was provided, accepted or charged under the contract in violation of paragraph (b) of this clause, the Contracting Officer may--
(i) Offset 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 l
l
1 I
PAGE 31 i RS-ORM-87-253 Section I '
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)(i) 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 substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract.
(End of Clause)
I.3 SPECIAL 8(A) SUBCONTRACT CONDITIONS (FAR 52.219-12) (APR 1984)
(a) The Small Business Administration (SBA) has entered into Contract No. with the Nuclear RegulatoryCommission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) The , hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility for the administration of this subcontract to the Nuclear Regu atoryCommission with complete authority to take any action on behr.lf of the Government under the terms and conditions of this subcontract.
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the Nuclear RegulatoryCommission.
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the Nuclear RegulatoryCommission.
(End of Clause)
I.4 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984) ;
l (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C.
351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the i Secretary of Labor issued thereunder (29 CFR Part 4). l (b)(1) Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid l
l l
. PAGE 32 RS-0RM-87-253 Section I not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.
(2)(1) If there is such a wage deter.nination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classifications listed in the wage determination),
be classified by the contrector so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (The information collection requirements contained in the following paragraphs of this section have been approved by the Office of Management and Budget under OMB control number 1215-0150.)
(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written report of the >roposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination.
(iv)(A) The process of establishing wage and tringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary fron wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage
. PAGE 33 RS-0RM-87-253 Section I Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an optiori or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,
adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contracts which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work but the unlisted class of employees, the contractor shall advise the contracting officer of the action taken by the other procedures in paragraph (b)(2)(ii) of this section need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with paragraphs (b) (2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work.
(3) If, as authorized pursuant to section 4(d) of the Service j Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required '
to be paid or furnished thereunder to service employees shall be l subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division Employment Standards Administration of the j
. PAGE 34 ;
RS-0RM-87-253 Section I Department of Labor as provided in such Act.
(c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment of determined conform ble thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equ' valent or differential payments in cash in accordance with the applicable rules set forth in Subpart 0 of 29 CFR Part 4, and not otherwise.
(d)(1) In the absence of a minimum wage attachment for this contract, neither -the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.
(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same amended, under which substantially the sama services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of Section 4.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Section 4.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided services of a character similar in the locality, or determines, as provided in Section 4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rater and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator,
. PAGE 35 RS-ORM-87-253 Section I the Administrative Law Judge, or the Board of Service Contract Appeals as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.
(e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215- 0150.)
(f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in building or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(1) through (vi) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0150.):
(i) Nar.re and address and social security number of each employee.
(ii) The correct work classification or classification, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee.
(iii) The number of daily and weekly hours so worked by each employee.
(iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(v) A list of monetary wages and fringe benefits for those
, PAGE 36 RS-OLM-87-253 Section I e
classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list.
(vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Section 4.6(1)(2).
(2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment of advance of funds until such violation ceases.
(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.
(h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.
Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accured. A pay period under this Act may not be of any duration longer than semi-monthly.
(1) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be nt:essary to pay underpaid employees employed by the contractor or subcontractor in the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.
, PAGE 37 RS-0RM-87-253 Section I (j) The ccntractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The term "contractor" as used in these clauses in any tubcontract, shall be deemed to refer to the subcontractor, except in the term "Government prime contractor."
(k)(1) As used in these clauses, the term "service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(2) The following statement is included in contracts pursuant to section 2(a)(5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C.
5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:
Employee class Monetary wage-fringe benefits Records Management Analyst $18.55 Systems Engineer $18.55 Technical Writer $10.76 Typist $6.34 (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together will full infarmation as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.
(Approval by the Office of Management and Budget under 0MB control number 1215-0150.)
(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit
' PAGE 38 RS-ORM-87-253 Section I e
provisions based upon length of service with a con- tractor (predecessor) or successor (Section 4.173 of Regulations 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of Management and Budget under 0MB control number 1215-0150.)
(m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4.
(n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its '
amendment by Pub. L.92-473, found to be necessary and pror er in the public interest or to avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may ba employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash '
payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices , student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of shel ared workshops not subject to the Fair Labor Standards Act of i 1938, or subject to different minimum rates of pay under the two
, PAGE 39 RS-ORM-87-253 Section I o
acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.
The allowable ratio of appre tices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.
(q) An employee engaged in en occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however, that the amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this provision:
(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);
(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue
e PAGE 40 c RS-0RM-87-253 Section I e
of section 4(c) of the Act.
(r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(FDR Temporary Regulation 76) l I
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.- RS-0RM-87-253 Section J e
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 3 NRC Manual Chapter 3202 4 Standard Form 1411 with Instructions
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