ML20151A899
| ML20151A899 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/1988 |
| From: | Collins L, Wiggins E NRC, SMALL BUSINESS ADMINISTRATION, WILSON, HEWITT & ASSOCIATES, INC. |
| To: | |
| Shared Package | |
| ML20151A880 | List: |
| References | |
| CON-FIN-C-1015, CON-NRC-28-88-270 NUDOCS 8807200157 | |
| Download: ML20151A899 (59) | |
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AWARD / CONTRACT CON 1"^C'">^"Aliounnin - .
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_ @ di U SC 253 ten 5 15A ITE M NO. 150 SUPPLIES / SERVICES 1LC. OU AN TIT Y 150. UNIT 15E UNIT PRICE ISF AMOUNT _
The Contractor shall provide Data Entry Support Services in accordance with their April 25, 1988 and May 10 1988 proposal 3 whie n are ,
incorporated into this contract by re fe rence.
8807200157 880615 PDR l CONTR i NRC-28-88-270 PDC .
15G. TOTAL AMOUNT OF CONTR Act > s61,40I.60
- 16. TABLE OF CONTENTS L'1 lSEC l OE SC R IP TION lPAGF (S) V) lSEC l OLSCRIPTION lPAGE l P A RT ' - T HE 5CHE OuLE DAR T s ~ CONT R ACT cL AUSES A SOttCIT ATION/CONTR ACT FORM l 1 l CONTRACT CL AUGES l 8 SUPPLIES OR SE PVICES ANO PRtCES/ COSTS PAR T sie -- List or DOCUMENTS. E XHIBITS ANO o THE R A T T ACH. _
C OESCRIPTION/ SPECS / WORK STATE MENT l J l LIST OF ATTACHMENTS l _
D PACK AGING AND MARKING PAH T IV - REPA ESEN T ATeoNS At.O eNST A uc T eon $
E INSPECitON AND ACCEPTANCE K R E PH E SE NT A TIONS. CE R T I F IC AT IONS AN D i F ) DEllVE HtES OR PE HFORMANCr OTHER STATE MENT % OF OF F E HORS
- r. t CON 1 H AC T ADMINIST R ATION L.u A t I6NS1HS CONDS . AND Notici S 70 06 8 i nGHS
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, NRC-23-88-270 Page 2 of 2 L -
52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (APR 1984)
(a) The Small Business Administration (SBA) has entered into Contract No.
NRC-28-88-270 with the U.S. Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) Wilson Hewitt & Associates, Inc., hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for an on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-28-80-270 for the consideration stated therein and that it has read and is familiar with each and every part l of the contract.
(2) That the SBA has delegated responsibility for the administration 1 of this subcontract to the U.S. Nuclear Regulatory Commission with complete '
l authority to take any action on behalf of the Government under the terms and conditions of this subcontract.
(3) That it will not subcontract the performance of any of the l requirements of this subcontract to any lower tiet subcontractor without the prior w:itten approva! of the SBA and the designated Contracting Officer of the U.S. Nuclear Regulatory Commission.
(c) Payments, including any. progress payments under this subcontract, will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(End of Clause) l l
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AWARD / CONTRACT 1. THis CONTRACT IS A RATED ORDE R UNDER DPAS {15 CFR 350) hF 1 1 36
- 2. CON T R AC I (l' roc. Jus t, Iden t.) NO. 3. EF F EC T 4 v L DA T L 4. R EQUlsti 4ON/PU RCH ASE R tLQULS T/ PROJECT NO.
6/20/88 RGI-88-270 S. t$5UED BY 6. ADMINIST EREO 3Y (1/ other theg item &J l
US Small Business Adminstration U.S. Nuclear Regulatory Commission .
Philtdelphia District Of fice Division Of Contracts & Property Management 231 St. Asaphs Rd., Suite 400 Washington, D.C. 20555 Ona Bala Cynwyd Plaza Bmin Cynwyd, PA 19103
- 7. N AME AND A 70RE55 OF CONT R ACTOR INo., street, city, coen ty. State end 4tr Codr) 8. DEL IV E R Y Wilcon Hewitt & Associates, loc. FOB ORIGIN OTHER isec tictow; 1835 Market Street, Suite 1715 9. 015COUN T FOR PROMPT PAYMENT Philadelphia, PA 19103
- 10. SUBMIT INVOICES TEM (4 copies a das other-wise specit.edi TO THE ADDRESS SHOWN IN:
CODE F ACILITY CODE 11.5MapTO/M et R K F O R 42. PAYMENT WILL DE MADt; BY See Pritne Contract See Prime Contract
- 13. AUTHORITY FOR USING OTHE R THAN FULL AND OPEN COMPETI. 14. ACCOUNT.NG AND APPROPRI AllON DAT A TION:
i > See Prime contract O'ousc.23rc" O di u.S.C. 2saidn 5 15A. ITEM NO. 158. SUPPLIES /SE RVICES 15C. QU AN TITY 150 UNIT 15E UNIT PRICE 15F AMOUNT Daca Entry Support Services for Region I.
See Prime Contract 15G. TOTAL AMOUNT OF CONTR ACT > $61,401. 60
- 16. TABLE OF CONTENTS V) l$EC. l DESCRIPTION lPAGE(S) VI lSEC l DESCRIPTION lP AG E(S)
P AR7 6 - THE SCHEDULE P ART il - CONTR ACT CLAUSES A SOLICtTATIONh0NTR ACT FORM l 1 l CONTR ACT CL AUSES l B SUPPLIES OR SERVICES AND PRICES / COSTS PART ill - LIST OF OOCUMENTS. EXHiOITS AND OTHER AT T ACH.
C DESC9lPTION/ SPECS MOR K STATEME NT lJ l LIST OF ATTACHMENTS l D PA('K AGING AND MARKING PART IV - REPRESENTATIONS ANO INSTRUCTIONS E INSPECTION AND ACCEPTANCE K R EP RESENT ATIONS. CE RTIF IC ATIONS AND F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS G CONTR ACT ADMINISTAATION DATA L INSTRS .CONDS , AND NOTICES TO OF H;RORS H SPECIAL CONTR ACT REOUIREMENTS M EVALUATION F ACTORS FOR AWARD CONTRACTING OfflCER Will COMPL ETE ITEM 17 0R 18 AS APPLICABL E
- 17. 18. AW ARD (Contractor is not regeered to sign (hts document J Your
[ CONT R AC TOR *5 NEGOTIAT ED AGREEMENT (Gh rrector es re-qa.sred to sign this document and .Yturn enPnes to issusng offese.) of f or on ScinCetatson NumDer .
in and delever all ihms or perf orm aH the letysCes set including tMe addelsonS of C%an9*l made Dy you wh.Ch addateOnt or Changel LontitClOr 39ttel10 f0fth OF Ot hef fu(n'fied 4 Dove and on any continuatson Sheets for the wine udenti are set f ortM in f ull aoove, . ne Coftbideratton stated MePeen. TMe re9 hts and ODhgat ens of the oef teel to than @n any TOntinuateen snetts. Tnis'eDy accepted awaed as in the Consummates tnestemt listedwn COntea:t above and.
Cn Cor C0fittact sn&Il De tuDieCl to and 9overned Dy the f oHoweng documents: (a) thin ocuments- ga) tne G overnment*3 gosiCita t ron .nd vaut tests of the of f et, and ionowing ID) then awd,rd/ Contract. eiu luttner cont' actual dOCun ent sS noceg.
avrard/Co,ntratt. (D) the tuoni. ce tifiCat.ons, %0l*
and Citation. if any, soetif.Cai.ons. asand are(C) SuCn provstions, attaCned repf enenta,-
or incorporated D 54,y.
ref ersnCe neresn. IA ttachments are hated hereen.)
19 A. N AM E AN T I T LE O F S tG NE R g Type ur Print) 20A. N AME OF CON T R AC T 4NG OFIICER 3 87'/ l 4, f / L
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,' . g NRC-28-88-270 PAGE 2 PAGES 2, 3, AND 4 ARE INTENTIONALLY LEFT BLANK i
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' , ' . PAGE 5 NRC-28-88-270 Section B l
- . i SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS I l
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B.1 BRIEF DESCRIPTION OF WORK (MAR 1987) !
i The Contractor shall provide data entry support l services for NRC'S Region I Office. l 1
(End of Clause) l B.2 CONSIDERATION AND OBLIGATION / CONTRACT CEILING l The ceiling amount to the Government for the work specified in Section C herein shall net exceed $61 'G1.60. The amount 3
presently obligated with respect to this contract is $61,401.60.
The Contractor agrees that the work to be performed under Section C shall be accomplished within this ceiling. Any work undertaken by the Contractor in excess of the obligation amount specified above is done so at the Contractor's sole risk.
(End of Clause)
B.3 SUPPLIES OR SERVICES AND PRICES / COSTS I. BASE YEAR 1 l
EST HOURLY TOTAL l LABOR CATEGORY HOURS RATE AMOUNT l
- 1. Jr. Data Entry Tech 2080 $12.77 $26,561.60
- 2. Sr. Data Entry Tech 2080 $16.75 $34,840.00 BASE YEAR TOTAL. . . . . . .$61,401. 60 ,
II. OPTION YEAR EST HOURLY TOTAL LABOR CATEGORY HOURS RATE AMOUNT
- 1. Jr. Data Entry Tech 2080 $13.28 $27,622.40
- 2. Sr. Data Entry Tech 2080 $17.42 $36,233.60 OPTION YEAR TOTAL. . . . . . .$63,856.00 1
'.' . PAGE 6 C NRC-28-88-270 Section C ,
SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)
A. Background The United States Nuclear Regulatory Commission is responsible for the protection of the public health and safety in the civilian use of nuclear power and nuclear materials. In the performance of its duties, the NRC utilizes a wide variety of automatic data processing, encompassing numerous applications, including scientific, administrative and management information systems. The Office of Administration and Resources Management (ARM) is responsible for ADP within the NRC. ARM is striving for a sophisticated telecommunications network, which links all P its AI'P capabilities, and for an environment which strongly supports distributed processing, such as the use of hierschical languages (i.e., ADABAS and S2K) and the introduction of office automation.
- 2. Equipment The NRC does not own a mainframe computer to perform large-scale data processing operations, and depends primarily on buying computer time (timesharing) from DOE National Laboratories, the National Institutes of Health (NIH' OCRT Federal Data Processing Center, and commercial sources. NRC's ADP equipment to support timesharing consists of remote job entry stations, data terminals, and associated telecommunications equipment needed for data transfer and communication with the facility at which the computer is located. NRC now utilizes over 250 individual terminals and nine remote job entry stations.
The telecommunications equipment needed to accommodate this remote computer usage consists af about 260 modems of various types. Most of these modems are used with dial-up telephone lines. Six leased telephone circuits are also used -- two circuits connect NRC to the Central Scientific Computing Facility at Brookhaven National Latoratory; one circuit is used to transfer encrypted, classified nuclear materials inventory data between NRC and the Oak Ridge National Laboratory's Computer Science Division K-25 Computer Center; one circuit connects NRC to the Germantown, Maryland node of DOE's secure message
. PAGE 7
' NRC-28-88-270 Section C ,
network (SACNET); and two circuits connect the remote job entry stations in the Phillips and East West Towers Buildings in Bethesda, Maryland to the NIH DCRT. ,
In addition, the NRC has about 200 pieces of word processing equipment, including stand-alona and shared systems with cathode ray tubes and high-speed laser j printers. Capabilities range from stand-alone memory and magnetic card typewriters to network, shared-logic systems. Personal computers are also used throughout the NRC as remote terminals or for stand-alone local applications.
- 3. Software Software (computer programs) can be categorized as j follows:
Category 1 - Proprietary software used to aid in '
applications development as supplied by the hardware or independent vendor. Such software is used where applicable to significantly cut development and maintenance costs and to help non-ADP personnel use the computer as an information tool.
Category 2 - Proprietary software supplied by the hardware vendor related to computer systems operations.
Category 3 - User-developed software using higher-level languages and proprietary package interfaces. Such software is developed to satisfy specific user l requirements in business and scientific applications.
Proprietary software, as defined in Category 1, is either purchased or leased from specific vendors and is often termed "package software." It is designed to perform either specific or general functions. Although the NRC l has no specific applications packages at the present time, they might include accounts receivables, budget, l and payroll. '
General use packages include processes such as complex data base use, generation of graphs, report generation, and statistical analysis. The NRC has purchased and currently maintains five packages of this type:
I o System 2000 - complex data base manipulation and inquiry l o MARK IV general file maintenance and report
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'.' 'CNRC-28-88-270 Section C ,
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generation o IDEA - Data General screen format and data .
manipulation o INFOS - Data General data base management system (OBMS) o ORACLE - Relational Data Base Management System o RAMIS II - Relational Data Base Management System Other general purpose packages software that the NRC has access to are:
o TELEGRAF/DISSPLA - graphics o SPSS - statistics o SAS - statistics o WYLBUR - text editing, word processing o IBM usar application utilities (sort / merge, etc.)
o AZ-TEXT (Data General word processing package)
Proprietary software, as defined in Category 2, includes computer-operating systems related support utilities that are not accessible / changeable by the applications programmer. In the IBM environment at NIH, the operating system is termed OS/VS (Operating System / Virtual Storage). Support utilities include those supplied by IBM for disk package maintenance and similar housekeeping ,
tasks. Other software falling within this category includes language compilers (BASIC, COBOL, FORTRAN), file and data management software (ISAM, VSAM), and communications handlers (TSO and parts of WYLBUR). The NRC currently has two operating systems (AOS and RDOS) used on i*s Data General Eclipse minicomputers. The H-P 1000 uses HP/ RTE-4B.
User designed and developed software, Category 3, is the most used within the Commission. Software of this type eminates from dstailed specifications designed for a specific purpose within a given system (i.e., a daily report of personnel actions). Programs of this type are usually written in high-level compiler languages such as COBOL, FORTRAN, or PL/1. However, proprietary software interfaces can be used with higher-level languages for data base access (i.e., SYSTEM 200 DBMS).
The most commonly used compiler languages within the Commission are COBOL (administrattw/ management applications) and FORTRAN (scientific applications). At
e*
. PAGE 9 4 G NRC-28-88-270 Section C .
the present time, there are approximately 100 administrative / management systems in operation which are made up of about 2400 computer programs. Scientific ,
codes currently in use number approximately 250.
- 4. Facilities NRC supports ADP activities at five regional offices and 10 headquarters buildings. This distributed ADP environment requires the placement of equipment at all 15 locations. Some locations need only data terminais and therefore require no special facilities; other house i minicomputers and remote job entry stations >which require l special facilities such as power supplies, humidity and I
temperature controls, raised flooring, access controls, I l and storage space. Remote job entry stations are located '
in each of the five regional offices and at four headquarter sites. All 10 minicomputers are at headquarters in five regional offices and at four headquarter sites.
Locations having access to three system are:
NRC Headquarters - Washington, D.C. 20555 NRC Region I - King of Prussia, Pennsylvania 19406 NRC Region II - Atlanta, Georgia 30303 NRC Region III - Glen Ellyn, Illinois 60137 NRC Region IV - Arlington, Texas 76012 NRC Region V - Walnut Creek, California 94596 B. Requirements The contractor shall provide the necessary personnel to fulfill the requirements of this Statement of Work. Computer time and use of NRC equipment and facilities will be made available in the Region I office for the s: ope of this effort. The requirements of this Statemeat of Work are in support of the objectives of the U.S. Nuclear Regulatory Commission. This involves the data entry functions of Region I for ADP System Operation. All activities performed under this Statement of Work shall be issued by the project officer.
Specifically, this contract involves data entry activities relating to various systems which Region I is operationally responsible for. The Data Entry will be performed on-site at the Region I office (King of Pr.u4. PA) using a terminal provided by the NRC.
l l Region I will conduct a brief training sessicr. (approximately l 12 ho9rs) in NIH Wylbur logon, collect, modify, save, etc.
procedures, as well as instructions regarding the specific tasks.
The e:U mated volume of Data Entry for each system follows:
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. ' NRC-28-88-270 '
Section C (1) RITS - 275 forms per week totalling approximately 1,250 lines of input.
(2) 755 - 50 forms per week including modification and deletions.
(3) TRIPPS - 153 forms per week.
(4) LNS - 1000 lines of entry per week.
It is estimated that the following types of personnel will be required to supnort these tasks.
Category Minimum Qualifications Project Manager College degree or equivalent plus approximately 10 years or more progressive experience in data processing. Experience should include performance of feasibility studies, systems analysis, system design, programming, testing, and system installation plus at least two years recent experience in managing projects involving development activities. Must have detailed knowledge of project management responsibilities.
Programmer Aid An individual who is capable of not only interpreting and entering raw data into a computer from code form, source documents, etc., but who is capable of setting up the necessary pre-established job control procedure in the proper sequence with appropriate control cards to execute, audit, update and report generator programs as required. He/She must have a minimum of one year experience with data entry and systems operations tasks.
General Maintenance of Input Terminal and Printer to Keep Operational on a Weekly Basis Deliverables 1
- 1. Power on and maintain printer up status at start of work I day until end of work day.
- 2. Reports to be extracted, separated between job numbers, and placed on work table.
- 3. Printer paper, ribbon, to be replaced as needed ana a count log to be kept after each change. When down to a certain count, supplies to be reordered or Management Analyst, Resources Management Branch, to be notified of such need.
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' NRC-28-88-270
! Section C ,
(End of Clause) ,
, PAGE'12
' NRC-28-88-270 Section D .
/-
f SECTION D - PACKAGING AND MARKING 1
1 D.1 PACKAGING AND MARXING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and
. safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(End of Clause) l l
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' NRC-28-88-270 Section E .
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. FF.DERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE >
NUMBER DATE TITLE 52.246-6 JAN ICCF INSPECTION -- TIME-AND-MATERIAL l AND LABOR-HOUR
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' NRC-28-88-270 Section F -
i SECTION F - DELIVERIES OR PERFORMANCE F.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 52.212-13 APR 1984 STOP-WORK ORDER F.2 DURATION OF CONTRACT PERIOD (MAR 1987) !
ALTERNATE II (MAR 1987) l This contract shall commence on 06/20/88 and will expire on 06/19/89. The term of this contract may be extended at the option of the Government for an additional 1 year period.
(End of Clause) l l
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' NRC-28-88-270 Section G l 1
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SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE II (MAR 1987) ;
- a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is: l Name: Paul Martinson l
Address: US Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 l l
Telephone Number: (215) 346-5138
- b. The Project Officer is responsible for:
- 1) Monitoring Contractor performance and recommending to 1 the Contracting Officer changes in requirements.
- 2) Inspecting and accepting products / services provided under the contract.
- 3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension.
I
- c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
(End of Clause) l l
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' NRC-28-88-270 -
Section H .
j SECTION H - SPECIAL CONTRACT REQUIREMENTS j i
H.1 KEY PERSONNEL (MAR 1987)
- a. The following individuals are considered to be essential to the successful performance of the work hereunder.
l Ray Flowers !
The Contractor 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 reasor becomes, or is expected to become, unavailable for work under this l contract for a continuous period exceeding 30 work days, or is I 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 corcurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
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- c. All requests for approval of substitutions hereunder must l be in writing and pro ide a detailed explanation of the l circumstances necessi. / ting 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 determines that:
- 1) Suitable and timely replacement of key personnel who hava 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 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.
(End of Clause)
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' NRC-28-88-270 Section H -
H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1997)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with i the work under this contract. l (End of Clause) l H.3 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112)(MAR 1987)
- a. Purpose. The primary purpose of this clause is to aid in l ensuring that the Contractor: !
- 1) Is not placed on a conflicting role b u e of current or planned interest (financial, contractual, organtuitaal, 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, i
- 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. l
- c. Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contra:. tor 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 employe* + hat any proposed consultant or other contractual arrangement e,th any firm ur 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 Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take te
' ,' , P GE 18
' NRC-28-88-270 Section H -
avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government. -
- e. Access to and use of information.
- 1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act ,
of 1974 (Pub. L.93-579), or data which has not been released to the '
public, the Contractor agrees not to:
(i) Use such information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contr:ct or the release of such information to the public, whichever is first; ;
(iii) Submit an unsolicited proposal to the I 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 j approval by the Contracting Officer unless such information has l previously been released to the public by the NRC. l.
- 2) In addition, the Contracto- agrees that to the extent l it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.
- 3) The Contractor shall have, subject to patent and security provisions of this contract. the right to use technical data it produces under this contract for private purpos e provided that all requirements of this contract have been met.
- f. Subcontracts. Except as provided in 41 CFR 20-1.5402(h),
the Contracter shall include this clat.se, 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 noodi 'losure or misrepresentation of any relevant interest required to i disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
- h. Waiver. A request for waiver under this clause shall be
a
, PAGE 19
' NRC-28-88-270 Section H 1
. 1 directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 20-1.5411. -
(End of Clause)
H.4 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 86-445(RS) dated 7/16/87 which is attached I (See Section J for List of Attachments). j (End of Clause)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED j (MAR 1987) j 1
The Government will not provide any equipment / property, l notwithstanding any provisions of the specification (s) to the l contrary.
(End of Clause) l l
l l
l
~
i
' ' PAGE 20
' NRC-28-88-270 Section I I
~)
I PART II - CONTRACT CLAUSES i l
SECTION I ~- CONTRACT CLAUSES l
I.1 CLAUSES INCORPORATED BY REFERENCE l (FAR 52.252-2) (APR 1984) 1 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 52.202-1 APR 1984 DEFINITIONS 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 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.215-26 JUL 1986 INTEGRITY OF UNIT PRICES ALTERNATE I (JUN 1985) 52.215-33 JAN 1986 ORDER OF PRECEDENCE 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 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 LA30R 52.222-26 APR 1984 EQUAL OPPORTUNITY
.i .('
, PAGE 21 Section I
' NRC-28-88-270 :
52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLc0 AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS.
52.223-2 APR 1984 CLEAN AIR AND WATER 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.230-3 AVG 1986 COST ACCOUNTING STANDARDS 52.230-4 APR 1984 ADMINISTRATION OF COST ACCOUNTING STANDARDS 52.232-7 APR 1984 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS ALTERNATE II (JAN 1986) 52.232-9 APR 1984 LIMITATION ON WITHHOLDING 0F PAYMENTS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES 52.233-3 JUN 1985 PROTEST AFTER AWARD ,
52.237-2 fFR 1984 PROTECTION OF GOVERNMENT !
BUILDINGS, EQUIPMENT, !
AND VEGETATION l
52.243-3 APR 1984 CHANGES -- TIME-AND-MATERIALS OR I LABOR-HOURS l 52.244-3 APR 1985 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) !
52.249-6 MAY 1986 TERMINATION (COST REIMBURSEMENT)
ALTERNATE IV (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 l 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 corporatic.1, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purposes of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
, PAGE 22 l
' NRC-28-88-270 Section I .
l "Subcontract," as used in this clause, means a contract or i contractual action entered into by a prime Contractor or 1 subcontractor for the purpose of obtaining supplies, materials, -
l equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the priine 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 j tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
l (b) ~ The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act), '
prohibits any person from--
(1) ?roviding or attempting to provide or offering to provide any kickback; or (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor.
l (c)(1) The Contractor shall have in place and follow reasonsble '
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 l
occurred, the Contractor shall promptly report in writing the l 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
I
, . PAGE 23
' NRC-28-88-270 Section I J l
under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(1) of this clause. In the latter case, the -
contractor shall notify the Contracting Officer when monies are :
witheld. J 4
(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 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES (FAR 52.217-9) (APR 1984)
(a) The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; j provided, that the Government shall give the Contractor a l preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminar;,r notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.
(End of Clause)
I.4 SPECIAL 8(A) CONTRACT CONDITIONS (FAR 52.219-11) (APR 1984)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 ,
U.S.C. 637(a)). l (b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Delegates to the Nuclear RegulatoryCommission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontrcct; provided, however, that the Nuclear RegulatoryCommission shall give advance notice to the SBA before it irsues a final notice terminating the right of a subcontract )r to proceed with further performance, either in whole or in par:, under the subcontract for default or for the convenience of the Government.
}
,' . PAGE 24
' NRC-28-88-270 Section I (d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the .
Nuclear RegulatoryCommission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.
(End of Clause)
I.5 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984) 1 (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 i other applicable provisions of the Act and regulations of the i Secretary of Labor issued thereunder (29 CFR Part 4). '
(b)(1) Each service employee employed in the performance of 1 this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits I determined by the Secretary of Labor or authorized representative, l as specified in any wage determination attached to this contract.
(2)(1) If there is such a wage determination 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 perforned is not performed by any classifications listed in the wage determination),
be classified by the contractor 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 sh111 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 I 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 i contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed 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
c PAGE 25
'NRC-28-88-270 Section I l
Administration, U.S. Department of Labor, for review. The Wage and i l
Hour Division will approve, rrodify, or disapprove the action or render a final determination in the event of disagreement within 30 3
days of receipt or will notify the contracting officer within 30 days of receipt that additiunal 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 fringe ber.efit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to aay single formula. The approach used may vary from 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 '
Board pay System and the General Schedule) or from other wage ,
determinations issued in the same locality. Basic to the 1 establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications l based on the skill required and the duties performed. )l (B) In the case of a contract modification, an exercise ,
of an option or extension of an existing contract, or in any other I case where a contractor succeeds a contract under which the I 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., I adjusting) the previous conformed rate and fringe benefits by an l amount equal to the average (mean) percentage increase (or decrease, I where appropriate) between the wages and fringe benefits specified for all clas2ifications 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 l determination. Where conforming actions are accomplished in i 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)(1) and (ii) of this section shall be
, PAGE 26
' NRC-28-88-270 Section I
~
1 paid to all employees performing in the classification from the j 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)(1) through (v) of this section, the hage and Hour Division shall make a final cietermination 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 Contiact 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 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 Department of Labor as provided in such Act.
(c) The contra. tor or subcontractor may discharge the obligation to furnish fringe benafits specified in the attachment of determined conformable thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments i'n cash in accordance with the applicable rules set forth in Subpart D 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' i Standards Act of 1938. Nothing in this provision shall relieve the I 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 same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining I 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
, , PAGE 27
' NRC-28-88-270 Section f .
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 < 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 rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, 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 i paid pursuant to this contract, or shall post the wage determination I attached to this contract. The poster provided by the Department of l 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 ntnber 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 surrounding,s 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
. PAGE 28
' NRC-28-88-270 Section I .
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) Name 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 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 paragrapS (b) of this section. A copy of the report required by the cl n se 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
, PAGE 29 l Section I
' NRC-28-88-270 i the end of the regular pay period in which such wages were carned or !
accured. A pay period under this Act may not be of any duration longer than semi-monthly. -
(i) The contracting of ficer 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 necessary 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 l may, after authorization or by direction of the Department of Labor l 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, I charging the contractor in default with any additional cost. l (j) The contractor 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 subcontract, 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 perfe mance 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 cmployee" 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 l 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 l than the following rates of wages and fringe benefits:
Employee class Monetarywage-fringebenefils
=
.- PAGE 30
' NRC-28-88-270 Section I (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 c'11ective bargaining agreement which is or will be effective during n period in which the contract is being performed, the Government prime contractor shall report such fact to the contractin, officer, together will full information as to the application and accrual of such wages and fringe benefits, including any prospective ircreases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made u,,on 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 OMB 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 th performance of the succeeding contract and subject to a wage determination which contains sacation or other benefit provisions based upon length of service with a con- tractor (predecessor) or successor (Section 4.173 of Regulations 29 CFR Pa-t 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service :mployees on the contractor's or subcontractor's payroll during the last month of contract performance. Such list shall clso contain anniversary dates of employment on the contract either with the current or predecessor ;
contractors of each such scryice employee. 'he contracting officer shall -urn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of l Management and Budget under OMB 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 efficials thereof) certifies that neither it (nor he or she) nor any pe"son or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government cor, tracts by virtue of the sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be sub ontracted 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
,- PAGE 31 .
'NRC-28-88-270 Section I I following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to fts amendment by Pub. L.92-473, found to be necessary and proper 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, physicci, or mental deficiency or injury may be empicyed 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 reqed red 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 Contr1ct Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of I sheltered workshops not subject to the Fair Labor Standards Act of !
1938, or subject to different minimum rates of pay under the two 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 l of 1938 (29 CFR Parts 520, 521, 524, and 525). 1 (3) The Administrator will also withdraw, annul, or cancel I such certificates in accordance with the regulations in Parts 525 l and 528 of Title 29 of the Code of Federal Regulations. !
(p) Apprentices will be permitted to work at less than the i 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 I 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 i
registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.
The allowable ratio of apprentices 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 an occupation in which he or she customarily and regularly receives more than $30 a month in tips may
, PAGE 32
' NRC-28-88-270 Sect 1on I 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 l any predecessor collective bargaining agreement applicable by virtue I 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 sub. ject to the general disputes clause of this contract. Such i disputes shall be resolved in accordance with the procedures of the l 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. 4 (FDR Temporary Regulation 76)
I.6 PROMPT PAYMENT (52.232-25) (FEB 1988)
ALTERNATE II (FEB 1988)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check 1.
dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are calendar days, unless otherwise specified.
(a) Invoice Payments (1) For purposes of this clause, "invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government. This includes psyments for partial deliveries that have been accepted by the Goverrnent and final cost or fee payments where
- a. . x . . . , -
1 PAGE 33 l
' NRC-28-88-270 Section I .
l
~ '
l amounts wed have been settled between the Government and the Contrn cor. j (2) Except as indicated in subparagraph (a)(3) of this clause, i the due date for making invoice payments by the designated payment l office shall be the later of the following two events:
(i) The 30th day after the designated billing office has received !
a proper invoice from the Contractor. l (ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice wherte the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
(3) The due date on contracts for meat and meat food products, concracts for perishable agricultural commodities, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
182(3)) and further defined in Pub. L.98-181 to include poultry, l poultry products, eggs, and egg products, will be as close as l possible to, but not later than, the 7th day after product delivery.
(ii) The due date for perishable agricultural commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(iii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as i l
specified in the contract. 1 (4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services '
performed. An invoice shall be prepared and submitted to the designated billing officer specified in the contract. A proper invoice must include the items listed in si'adivisions (a)(4)(1) through (a)(4)(viii) of this clause. If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 15 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities). Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagrpah (a)(6) of this clause.
(i) Name and address of the Contractor. .
(ii) Invoice date.
(iii) Contract number or other authorization 'or supplies
PAGE 34
' NRC-28-88-270 ,
Section I .
delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services .
l performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment,-prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills l of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that.in the contract or in a pioper notice of assignment).
(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment). l (5) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made within 15 days after the due date (3 days for meat and meat food products and 5 days for perishable agricultural commodities) and the following conditions are met, if applicable: (i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the I amount was not subject to further contract settlement actions between the Government and the Contractor.
(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the payment date, except where the interest penalty is prescribed by other governmental authority. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments I inclusive from the first day after the due date through the payment '
date. That . interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a l
defective invoice within the periods prescribed in paragraph (a)(4) of this clause, then the due date on the corrected invoice wilt be adjusted by subtracting the number of days taken beyond the l prescribed notification of defects period. Any interest penalty owed
I
. PAGE 35
'NRC-28-88-270 Section I the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the Contractor. .
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 5th working day after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision. In the event that actual -
acceptance occurs within the constructive acceptance period, the l determination of an interest penalty shall be based on the actual I date of acceptance. The constructive acceptanco requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
i (ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 15 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities). ;
1 (B) The period between the defects notice and resubmission of the I corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the Disputes clause or !
for more than 1 year. Interest penalties of less than $1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment l amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the Disputes clause. l (7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if an improperly taken discount for prompt payment was not corrected l within 15 days after the expiration of the discount period (3 days .
for meat and meat food products and 5 days for perishable agricultural comir.odities). The interest penalty will be calculated as described in paragraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the contractor is paid.
(b) Contract Financing Payments (1) For purposes of this clause, "centract financing payment" l
l
. PAGE 36
' NRC-28-88-270 Section I .
means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government. Contract financing payments -
include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under l Fixed-Price Architect-Engineer Contracts, and interim payments on l cost type contracts.
l (2) For contracts that provide for contract financing, requests i for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th day) day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(4) Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) Electronic Funds Transfer.
Payments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Financial Communications System (TFCS) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request ;
is submitted, the contractor shall designate a financial institution '
for receipt of electronic funds transfer payments. The Contractor shall submit this designation to the Contracting Officer or other Government official, as directed. l (1) For payment through TFCS, the Contractor shall provide the following information:
(i) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(ii) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
(iii) Payee's account number at the financial institution where funds are to be transferred.
-_ r %
PAGE 37
'NRC-2688-270 Section I (iv) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and .
l telegraphic abbreviation of the correspondent financial institution I through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.
(2) For payment through ACH, the Contractor shall provide the following information:
(i) Routing transit numbers of the financial institution receiving payment (same as American Bankers Association identifying number used for TFCS).
(ii) Number of account to which funds are to be deposited.
(iii) Type of depositor account ("C" for checking, "S" for savings).
(iv) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," TFS 3881, must be completed before payment can be processed.
(3) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for i I
the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.
(4) The documents furnishing the information required in this ,
paragraph (c) must be dated and contain the signature, title, and i telephona number of the Contractor official authorized to provide '
it, as well as the Contractor's name and contract number.
(5) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.
(Endofclause)
l NRC-28-88-270 PAGE 38 Section J l l
i PART III - LIST OF DOCUMENTS, EXHIBITS -
AND OTHER ATTACHMENTS i
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 DOL Wage Determination i
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PART 20-1 -- GENERAL l
Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational sonflicts of interest.
20-1.54M Representation.
20-1.54! 5 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award.
20-1.5407 Conflicts identified after award. .
20-1.5408 Reserved) 20-1.5409 Reserved) '
20-1.5410 Subcontractors.
20-1.5411 Waiver. l 20-1.5412 Remedies. :
AUTHORITY: Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (NRC)(a) It is 'the policy of the U.S. Nuclear Regulatory Comissionto avo of interest. The NRC achieves this objective by requiring all prospective contractors to submit information descr'bing relationships, if any, with organizations or persons (including tho;,e regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations ,
to guide application of the policy. NRC contracting and program officials i must be alert to other situations which may warrant application of this policy guidsnc.3. The ultimate test is: Hight the contractor, if awarded .
the contract, be ,iaced o in a position where its judgment may be biased, l nr where it may have :n unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not s
co'vered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC i L --
7590-01 m
agreements with other government agencies, international organizations, or state, local or foreign governments; separate. procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
520-1.5402 Definitions (a) "Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has rresent or planned interests related to the work to be perfomed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c)
- Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) "Technical consulting and management support services" means i
internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally -
require the contracter to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e) "Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f) "Contractor" means any person, fim, unincorporated association. l joint venture, co-sponstor, partnership, corporatie,, affiliates thereof, '
or their successors in interest, including their chief executives, I directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) "Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 11-1.606-1(e)).
(h) "Subcontractor" means any subcontractor of any tier which performs supplies and work under a incontract subcontracts amountswith the NRC of $10,000 except subcontracts for l or less.
(1) "Prospective contractor" or "offeror" means any person, firm, I unincorporated associatien, joint' venture, partnership, corporation, or 1 affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, "
submitting a bid or proposal, solicited or. unsolicited, to the NRC to ,
obtain a contract.
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7590-01 (j) "Potantial conflict of interest" means that a factual situation exists that suggesP, (indicates) that an actual conflict of interest may arise from awari' of a proposed contract. The tem "potential conflict of interest" '.s used to signify those situations which merit investigation prior to Ontract award in order to ascertain whether award would give rise te an actual conflict or which must be . reported to the contracting officer lor investigation if they arise during contract perfomance.
I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the perfonnance of the contract?
The ultimate detemination by NRC as to whether organizational conflicts of interest exist will be made in. light of conmon sense ar.d good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requi ements which call for the rendering of advice, consultation or evaluation activities, or similar acv.ivities that lay direct groundwork for the NRC's decisions on regulatory activitics, future procurements, and research programs.
(b) Situations or relationships which may give rise to organizational '
l conflicts of interest. (1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational !
conflicts of interest under the following circumstances:
l (1) Where the offeror or contractor provides advice and recommendations '
to the NRC in a technical area in which it is also providing consulting I assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or ma rketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its
' judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
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7590-01 .
(2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or seivices covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information
. not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment -
may be' biased in relation to its work for the NRC or may otherwise result in an unfair competitive adyantage for the offeror or contractor. ,
(c) Policy application guidance. The'following' examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to l undertake certain analyses of a reactor component as called for in .the RFP. Th' e XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor ;
manufacturer.
Guidance. An NRC contract for that particular work norpally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp.
projects have any relationship' to the work calleid for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
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Guidance. An NRC contract normally could be awarded to the ABC' Corp, because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a ce'.tain type of comercial nuclear facility, it is imperative that NRC secure specific data on various . operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type.of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs' required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decihions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its , judgment could be biased in relationship to its work for NRC, Since the nature of the work required is vitally important in tenns of.
NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms j to guard against bias, j (4) Example. The ABC Co. submits a proposa'l for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes infonnation to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others. Further,. the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the
. contract is proposed to be used.
75iIO-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(i), ABC Corp. infonns the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area < ontemplated by the NRC study.
Guidance. The contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 520-1.5405-1(c) would preclude ABC Corp. from accepting work during the term I of the NRC contract which could create a conflict of interest. l (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or. neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to a detemination of the existence of such conflicts prior to the award of' a contract.
(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise .from organizational conflicts of interest, or that a follow-on procurement is not invo1~ ved, or that a contract is awarded on a competitive or a sole source basis.
s20-1.5404 Representation (a) The following procedures are designed to assist'the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure. The following organizational l conflicts of interest representation provision shall be included in all '
solicitations and unsolicited proposals for: (1) Evaluation services or o
activities; (2) technical consulting and management support services; I (3) research; and (4) other contractual situations where special organizationali conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the "changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
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ORGANIZATIONAL CONFLICTS OF INTEREST REFRESENTATION
/ I represent to the best of my knowledge and belief that:
The award to -
of a contract or the modification of an l
' existing contract does ( ) or does not ( ) involve situations or relationships I I
of the t k '(c)ype set forth
. Instructions in 41 CFR's20-1.5403(b)(1).
to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner :
all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that organizational (1) Impose appropriate conicts exist, the following concitions which avoid such conflicts, (ii actions may)be taken: disqualify the offeror, or 1 i
(iii) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 120-1.5411.
(2). Th'e refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts . required ,
by '520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the' offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or potential organizational con'flicts of interest, propose to exclude specific kinds of work from the statements ,of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unheceptable.
(e) The offeror's failure to execute the representation required i by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission. I 5 20-1.5405 Contract clauses
~
s 20-1.5405-1 General contract' clause l
i 7590-01 Ali contracts of the types set forth in 120-1.5404(b) shall include l the following clauses: l (a) Purpose. The primary purpose of this clause is to aid in l ensuring that the contractor: (1) Is not placed in a conflicting role l because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) I does not obtain an unf air competitive advantage over other parties by i virtue of its performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contrcctor as defined in 41 CFR i i 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees whc are employed full time under this contract and employees designated as key personnel, if any, under this contract t. bide 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 af ter award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to.the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat,e such conflicts. The NRC may, however, terminate the contract for convenienca if it deems such temination to be in the best interests of the government.
(e) Access to and use of information. (1) If the contractor ~in the performance of this. contract obtains access to information, such as NRC plans,. policies, reports, 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 cohtractor agrees not o: (1) Use such information for any
. released to the public; (private purpose ii) compete until for for work thethe informat Comission on has been based
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7590-01 i on 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 prctected by the Privacy at of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 120-1.540?(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 tne above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in i20-1.5411.
i20-1.5405-2 Special contract provisions.
(a) If it is detennined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through th.e use of an appropriate special contract provision, if appropriate, the offeror may l negotiate the terms and conditions of these clauses, including the !
s extent and time period of any such restriction. These provisions include )
but are not limited to:
I
7590-01 m
(1) Hardware exclusion clauses which prohibit the acceptance of .
production contracts following a related nonproduction contract previously performed by the contractor; (2) Sof tware excluion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use. , .
(b)' The following additional contract clause may be included as section (i) in the clause set forth in 120-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the c6ntractor has been substantially
- involved in the development or marketing of such products or services.
(2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contfactor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(;) Nothing in this paragraph shall preclude 1.he contractor from offering or selling its standard comercial items to the government.-
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by <,n offeror pursuant to the representation requirements of $20-1.5404(b) and other relevant information. After evaluating this information agains't the criteria of 320-1.5403, a finding will be made by the contracting officer whether organizational conflicts of inttrest exist with respect ;
to a particular of.feror. If it has oeen determined that conflicts of l interest exist, then tne contracting officer shall eitner: l 9
(a) Disqualify,the offeror from award, 1
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7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of I20-1.5411.
120-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the -
contract as provided in the clauses required by $20-1.5405, the contracting officer will take every reasonable' action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved) ;
520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a. representation statement in accordance with !20-1,5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection, i20-1.5411 Vaiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be, made by the contracting ,
officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recomendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States t.o do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; '
(2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) l contractual and/or technical review and supervision methods car be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval oocuments shall be placed in the Public j Document Room, s
l
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l 7590-01 l
520-1. 5412 Remedies l
In addition to such o*.her remedies as may be permitted by law or l contract f6r a breach of the restrictions in this subpart or for any. I intentional misrepresentation or intentional nondisclosure of any relevant interest required *to be providec' for this section, the NRC . :
may debar the contractor from subsequent NRC contracts.
Dated at Vashinoton , D,pJhis 27th day of Ma'rch 1979. -1
\
l For the Nuclear Regulatory Comission i
S: l bb k. '
. Samuel '. Chilk Secretary of the Comission 9
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(REVISED 4/87)
BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS General. The contractor shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample voucher.
Number of Copies. . An original and two copies should be mailed to the NRC office identified below.
Frequency. The contractor shall submit claims for reimbursement once each month unless otherwise authorized by the Contracting Officer.
Form.
Claims shall be submitted on the Form DC-3 "Voucher for Purchases and Services Other Than Personal." These forms are available from the Contracting Officer. (The instructions for preparation and itemization of the voucher are shown on the form.)
Billing of Costs Afte'r Expiration of Contract. If costs are incurred during the emntract period and claimed after the contract has expired. ,
the period during which these costs were incurred must be cited.
Currency. Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency. However, the U. S. dollar equivalent for all invoices paid under the contract may not exceed the total U. S. dollars authorized in the contract.
Supersession. These instructions supersede all previous billing instructions. l 1
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INSTRUCTIONS FOR PREPARING COST .
INFORMATION FOR NRC CONTRACTS Preparation and Itemization of the Voucher. The contractor shall furnish the information set forth in the explanatnry notes below. These notes are keyed to the entries on the sample voucher.
Pt.yor's Name and Address. (1) Address the original voucher (with 2 copies) to: U.S. Nuclear Regulatory Comission, Division of Accounting and Finance, ATIN: GOV /CQ4 Accounts Section, Washington, DC 20555 Any questions regarding vouchers yet to be paid by the NRC should be addressed to Division of Accounting (301-492-8030). Any questions regarding vouchers for which payment has been received (either in full or partially with suspensions or disallowances) should be ad-dressed to the Contracting Officer.
Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address; except when an approved assign-ment has been made by the contractor, or a different payee or e.ddressee has been designated, then insert the name and address of the payee.
Indicate the individual responsible for answering any questions NRC may i have reaarding the invoice (name and phone number).
(a) Contract Number - Insert the NRC contract number.
(b) Title of Project - List the full title of the project being performed '
under this contract.
(c) Voucher Number - Insert the appropriate serial number of the voucher beginning witn 001 for this contract. Contractors may also include individual internal accounting numbers in addition to the three digit i number. ;
(d) Date of Voucher - Insert the date the voucher is p'epared.
(e) Contract Amount _ - Insert the total estinuted cost of the contract, exclusive of fixed-fee.
(f) Fixed Fe.e - Insert total fixed-fee (where applicable).
(g) Billing Period - Insert the beginning and ending dates (day, month, and year) of the period in which costs were incurred and for which reimbursement is claimed.
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. . . . . - .. . .n :,.
. l (h) Direct Costs - Insert the major cost elements. '
(1) _ Direct Labor - This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows: j Labor Labor Hours Ca tegory Negotiated Cumulative flours Billed Ra te Total Hours Billed i
(2) Frince Benefits - This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used, indicate the rate. Frin not be identified here. ge benefits included in direct labor should I (3) Direct Equipment tions list each item costin - For educational institu-ancy of more than one year.g 5500 or more, and having a life expect-For contractors other than educational institutions list each item costin i expectancy of more than one year. List g $200 onlyor more, those itemsandofhaving a life equipment I
for which reimbursement is re the following (as applicable) quested. : (1) theAitem reference number shallforbe themade to specific 1
piece of equipment listed in the property schedule of the contract; '
(2) the Contracting Officer's approval letter if the equipment is not covered by the property schedule; or (3) be preceded by an ast-erisk (*) if the equipment is below the approva! level. Further itemization of vouchers snali only be required for iteras having specific limitations set forth in the contract.
(4) Materials, Supplies, and Other Expendable Items - These are consumable materials and supplies and equipment other than that described in (3) above.
(5) Premium Pay , This is remuneration in excess of the basic l hourly rate. :
I (Requires written approval of Contracting Officer.)
(6) Consultants' Fee - The supporting information must include the name, hourly or daily rate of the consultant and reference the NRC approval (if not specifically approved in the original contract).
(7) Travel - Domestic travel is travel within the United States, its territories, possessions, and Canada; it should be billed separately from foreign travel . Travel costs billed will provide for individual Per Diem, and all supporting information for each trip taken.
.- - - . . . ~ . , ~ . . . ..
1 t
All costs associated with each trip must be shown in the following format: (Unless the organization's travel policy has been negotiated and approved by .1RC) l Da te Traveler Destination Purpose Cost I From To From To
- 1. Airfare
- 2. Rental Car '
- 3. Local Travel '
- 4. Per Diem Days 9 =
5 Meals:
Date Breakfast Lunch Dinner 1
1 If not included in Per Diem.
- 6. Tips, Misc.
(Itemize if more than 510,00)
I (8) Subcontracts - Include all costs paid to approved subcontractors during billing period. This includes the details of the subcontract terms (i.e.,
cost-plus-fixed-fee, direct labor, indirect costs, travel, profit, etc.)
(9) Other - List all other direct costs by cost elements and dollar amount sepa ra tely.
(i) Indirect Costs--Overhead - Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimbursement is claimed.
(j) Fixed-Fee - If the contract provides for a fixed-fee, it must be claimed as provided for by the contract. l Cite the formula or method of computation. !
Contractor may bill for fixed fee only up to 85% of total fee.
(k) Amount Billed for Current Period - Insert the amount billed for the major cost elements, adjustment, and adjusted amounts for the period.
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(1) Cumulative Amount from Inception to Date of this Billing - Insert the '
cumulative amounts billed for the major cost elements aad adjusted amounts claimed during this contract.
(m) Total Amounts Claimed - Insert the total amounts claimed for the current ario cumulative periods.
(n) Adjustments - This includes amounts conceded by the contractor, outstand-ing suspensions, and disapprovals subject to appeal.
(o) Grand Totals f
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V00CHERS FOR PURCHASLS AND SLRVICES OTHER lHAN PERSONAL SAMPLE VOUCHER .
Payor's Name and Address (a) Contract Nurser NRC-10-81-624 The U.S. Nuclear Regulat%y Comnission Division of Accounting and FiMnce (b) Title of Project "Study of Nuclear Waste Attentioni GOV /CIM Accts Section Concepts, Washincton, DC 20555
,' Payee's Name and Address (c) Youcher Number 003 A % CORPORATION The National Bank (d) Date Voucher Prepared 10/18/82 100 Main Street or Anphere, U.S.A. ,
Anywhere U.S. A. Assignee for ABC CORP. (e) Total Estimated Cost of Contract Anphere, U.S. A. $350,000.00 (Nhen Payments A3 signed)
Indiividual to Contra:t (f) Total Fixed-Fee Regarding This Voucher: $U ,500.00
,Name: Harry Murphy
'Tel. No.: 215-321-8654 l(g) This voucher represents reimt'urseable costs from 3/1/82 thru 3/30/82 Amount Billed l(h) Direct Costs .
(1) Direct Labor * $2.400 56,800 -
. (2) Fringe Benefits P 16.5 '
l (if computed as percentace) 600 1,200 (3) Direct 5,000 Equipment
- S.000 (4) ttaterials, Supplies and
~ ~ ~
- Other Expendable items
- 2,000 4,000 (5) Fremium Pay 100 150
! (6) Consultants
- 100 100
. (7) Travel - Domestic
- 200 200 ~
i Foreica * ~
l
! (8) Succontract
- 20c 200 j j (9) Other Costs * ,
3.000 9.000 l a ect Costs W ,600 .W . M0 l(i) lllDIRECT COSTS A) Overhead 700 *. of Total Direct Costs l
I (Indicate 8ase) 513,600 $29.650 1 i Subtotal $27,200 559,300 B) General A Administrative Expense 3,264
"'6.4t 0 12 0 of Cost Elements Nos.1-9. A Total Costs 530,464 $65,7!,0 (j) FIXE 0-FEE EARNED (Formula) 1,523 3,400 (m) Total Amounts Claimed $31,987 $M ,150 (n) Adj us tments Outstanding Suspensions a 1.700 1,70n (o) rrand Totale, $3n,Pn7 $ 6 7 ,4 !,0
- (RI QUIRE S SUI'l'ORilNG INf 0letA110N. )
('i[ E Al TACllED. )
DC 3 ;'/s '
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- _ _ _ . _ _ 4____ . . . . . . . . _ . . . . . . _ . . . . _ . . u - c ------
I SAMPLE SUPPORTING IftFORMATION
- 1) Direct Labor - $2400 i
Labor Labor Hours Hours Cumulative Category Negotiated Billed Rate Total Hours Billed Senior Engineer I 2400 100 $14.00 $1400 975 Engineer 1500 50 $10.00 $500 465 Computer Analyst 700 100 $5.00 $500 320 T2 W
- 3) Direct Equi,oment .
Spectrometer - General Electric (as approved in Property Schedule) $5,000
- 4) Materials, Supplies & Other Excendable items i
= $1100.00 10 Radon Tubes 9 $110.00 6 Pairs Electrostatic Gloves 9 $150.00 *
= $900.00
$2000.00
- 5) Premium Pay Walter Murphy - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> 0 $10.00 Per Hour c $100 ;
(This was approved by NRC in letter dated 3/6/82.)
,6 ) Consultants' Fee 1
l Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 0 $100 = $100
- 7) Travel Date Traveler Destination Purpose Costs From To From To 3/1/82 3/6/82 William King Chicago, Wash., Meeting with 1) Airfare $80.00 I Il DC Project 2) Rental Car 5 5.00 Officer 4) Per Diem - 2 Days 0 $50.00 = $100.00 6 ) Tips , Mi sc. $5.00 l TOTAL: $200
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- 8) Subcontracts .
XYZ CORP. (CPFF) l Direct Labor: - 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> 9 $20.00 per hour = $1600.00 ,
0/H 9 50% = $800.00 l Travel - 2 Trips - Wash. DC 9 $200 = $400.00 l
) to Boston, MA i Profit 9 7% = $200.00 l TOTAL: 53000.00 l
(j) Fixed-Fee (formula)
(5.\)
$350,000 X 5% = $17,500 Total Fixed Fee fo'r this Contract-
$27,200 X 5% = $1360 Fee Billed for this Period (n) Adjustments
$1700 - Indicates amount withheld from voucher f001, now approved by Contracting Officer letter 'il10/82.
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- 1. NOTICE NO.
, STANDAR7 FORM 98 ,
l g,, pg 373 NOTICE OF INTENTION TO MAKE l U.S.0EPARTMENT OF LA80R A SERVICE CONTRACT AND RESPONSE TO NOTICE A 1545494 EMPLOYMENT STANDAROs, (See instructions on Reverse) '
ADMINISTRATION
- 2. Estimated solicitation date (use numerals)
Month Day Year p 7 03 12 88 j
- 3. Estimated date bids or proposals to be opened Administrator or negotiations begun (use numerals)
Wage and Hour Division y ,ngn g,y y ,,,
U.S. Department of Labor 04 02 88 Washington, D.C. 20210 4, n ,,, ,,,,,,,, go,,,n,, ,, g, ,
(use num L J Month Day I (eer 04 30 l 88 l5. PLACE (S) OR PERFORMANCE 6. SERVICES TO BE PERFORMED (describI ca rA opfi b . o -n Philadelphia, Pennsylvanie Data Entry 2mt'
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- 7. INFORMATION ABOUT PENOR*4ANCE EE". U' %
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[A. [ Ervices now performed by a~ E.'O Ly&+s now performed by Federal C. O services contractor employees performed not Pre ><Mr beiaF c-o l
- 8. IF BOX A IN ITEM 7 IS MARKEO. COMPLETE ITEM 8 AS APPLICABLE a, Name and address of incumbent contractor b. Number (s) of any wage determination (s) in incumbent's Wilson Hewitt ,
contract 11 Penn Center, #1750 Philadelphia, PA 19103
- c. Name(s) of union (s) if Attach services are being performed under collective bargaining RESPONSE TO NOTICE greement(s important: copies of current applicable collective argain-A. The attached wage determination (s) ked below apply to to e me nt.
$h {- $ -
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OATE B. As of this date, no% rag rmina.
tion applicable to the specified locality
/ -[IDb._ / bdfX.C
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2/4/88 and classes of employees is in effect.
TYPE OR PRINT NAME / V / TELEPHONE NO.
C. From information supplied, the Serv.
Mer1p Dorsey, Contract Administrator 492-7533 ice Contract Act does not apply (see
- 10. TYPE OR PRINT NAME AND TITLE OF PERSON TO WHOM RESPONSE IS TO BE SENT attached caphMafion).
AND NAME AND ADDRESS OF DEPARTMENT OR AGENCY, BUREAU, OlVISION, ETC.
D. O Notice returned for additional infor.
C 1 mation (see attached exphnation).
US Nuclear Regulatory Comtission Division of Contracts __
Attn: Merle DOrsey. AR 2223 g, Washington. DC 20555 S.igned:
(U.S. Department of Labor)
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TAmAmo ronne es. NOTICE OF INTENTION TO MAKE n. miien m.
'" " ' 8 A SERVICE CONTRACT AND RESPONSE TO NOTICE U.S. DEPARTMENT OF LABOR Employment Standsds Administration (Attachment A) A1.545494
- 12. CLASSES OF SERYlCE EMPLOYEES TO DE EMPt.OYED ON CONTRACT gl3. NUM9ER OF 14. HOURI.Y W AGE RATE N FLOYEES 1 HAT WOULO BE N EACH CLASS PAIO F FIDERALLY EMPLOYEO Project Manager 1 $20 00 Progrenner Aide j g 9,00 Su l
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, '. ..* CardenT007), , Gloucester (015) and llunterdon (019) l Pennsylvania: Counties of Bucks (017),
, t aa . teues Daw &ston ut Chester (029T- Delaware (045), M>ntgorery (091), q 64sectaw asage estosmenat ne and Philadelphia (101)
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86-446 .(Rev._51
. __ ,7/16/87 e .., -s.em ;
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3 g Autunatic Itata Pn> cessing Occupations, Infonnation and Arts Occupatioris Library and Archive Occupations aid Technical Occupations: ,
- 1. Key oit ry yierator il 1 11.26
- 2. Key entry q)erater 1 6.91
- 3. Corpoter progranter 111 1/ 15.62 s
- 4. Corputer progranter 11 1/ 13.10 '
- 5. Corputer pro <fonier i 1/ 11.04
- 6. Cuiputer q>erator til 11.28
- 1. Cuiputer sperator 11 q
9.35
- 8. Co puter q3erator I 7.61
- 9. Peripheral cluipnent q>erator 6.64
- 10. Curputer data librarian 7.65
- 11. Draf ter V 14.36
- 12. Draf ter IV 11.50
- 13. Draf ter til 9.13
- 14. Drafter il 7.31 '
- 15. Urafter I 6.39
- 16. Technician ill -
13.86
- 17. Technician il 12.H5 -
118. lechnician I 9.92
- 19. Coipater systons analyst 111 1/ 10.60
- 20. Cuiputer systons analyst 11 T/ Is.88
- 21. Corpukr systons analyst i 1/ 12.61
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Page 2 of S massesseeean.es. ansee - - - - - - - - - - - -
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. ea a. .s u Canrien (007), ' Gloucester (015). and llunterdon (0l9)
Dan .
~[hy me p a w a s t oa e,8 Pennsylvania: Counties of Bucks (017),
Chester (329), Delaware (045), M3ntgoaery (091),
and Philadelphia (101)
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_ , __ _ . _ , _ _,86-446 (Rev. 5) _
7/16/87
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- 22. Exhibits Specialist 111 14.36
- 23. Exhibits Specialist il 11.50
- 24. Exhibits Specialist I 9.13 i 25. Illustrator ill 14.36 l26. Illustrator 11 11.50
' 27. Illustrator i 9.13
- 28. Photographer ill 14.36
- 29. Photographer 11 11.50
, 30. Photographer I 9.13
' 31. Iechriical Infeririat iori Specialist 111 14.36 O
, 32. Technical Infortriationi Specialist 11 11.50
! 33. Technical Inf onnation Specialist i 9.13
- 34. Librarian 14.36 .
- 35. Library Tes.Liician 9.13
- 36. Laboratory Technician 11.50
- 37. fiim Librariao 7.31-
- 38. Instrunentation Techoician 13.S1
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mica 138 m od asAC4 Di st amasseAg aneeS uestase **'" . _ _NW Jersey - Pennsylvania NJ_PA ",
56et SA A veC1 C aseg m A C 8 A t 3 _
g o ,%, a... New Jersey: Counties of Burlington (005),
, e ss aa es e Carnien (607), Gloucester (015) rind
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Ilu n t.c rdon (019)
Jan shame f pawtalon og Pennsylvania: Counties of Bucks (011),
Chester (629), Delaware (045), fontgosery (091),
'tsectos tsege estesmimetlume and Philadelphia (101) G
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""******"*"*"******--*" 7/16/87
_. . . _ _ _ . . _ 86-446(R,ev.}') _
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l l fringe benetits applicable to classes of service utployees engaged in cootract perfonnance: 1/ 2/ 3/
1/ 1.!a9 an hour or 123.60 a week or 1102.26 a siiontli.
-2/ _ weeks paid vacatiori af ter 1 year of service with a coritractor or successor; 3 weeks af ter 8 years- 4 weeks af ter 11, years. Length of service includes the sole span of contiriuous service with the present (successor) coritractor, wherever unployed, and with predecessor contractors its the gn rf onnarice of siinitar work at the saire federal facility. q Oteg. 4.1/3.)
-3/ 10 paid holidays per year: Nw Year's Day, Washington's Birthday, Good Friday, Ibnerial Day, independence Day, Labor Day, Colurbus Day, Veterans' Day, Thanksgiving Day arid Chrishnas Day. (A contractor may substitute for r any of the nained holidays another day of f with pay in accordance witn a plan corinunicated to the onployees involved.
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1 Wage Detenninalion 86-446 (Rev. S) Date 7/I6/87 page 4 og 5 ,
I mars: The contracting officer shall aquire that. any class of service
! employee which is not. listed herein and which is to be employed
- under the contract ( i . e. , the work to be perf ormed is not per-j f ormed by any classification listed in the wage determinatten),
be classified by t.he contractor so as to provida a reasonable l relationship (i.e. appropriat.e level of skill comparison) G l between such untiated classifications and the classif Acatione Such conf ormed class of J
.l listed in the waoa determinat. ion.
l employees shall Le paid the monetary wages and f urnished the I
f ringe benefits as are determined. Such conf orming procedure .
i shat! be initiated by the contractor prior to the perf ormance
! of contract work by such unlisted class of employee. A written i report of the proposed conf oaming action, including inf ormation r ega r di ng the agr eement or di sagr eement of the authorized J l
l repr esentative of the employees involved or, where there is i no authoriz ed representat twe, the employees themselves, shall ,
i be sutmitted by the contract.or to the contracting of ficer no
- later than 33 days af ter such unlisted class of employees 'i J peri cras any centr act war k. The contaact ing of ficer shall l
! review the proposed action and promptly submit. a report of i the action together with the agency's recommendation and i all pertinent inf osmation including the position of the con-I tractor and the employees, to the Wage and Bows Division, O l thpl oyment Standards Ashminist rat ion, U.S. Department of
! Labor, for review. (See section 4.6(b)(2) of aegulat. ions j 23 cra 43 ,
! i
! turrE: The definitions of the occupations set forth herein are contained is t he SCA Di rect or y of Occupat iosis. Inf ormdL ion snay be obt ai sic.I tey con t .ic t'iiiij' L'he : Ad siiii's t r a t o r o f Wage a nd Ilou r , U .S . Depa r t seie n t of l.aixar , Wasinington, it . C . 20210. -
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.. Ok Wage Detennination .86-446 (Rev. 5) Date 7/16/87
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statesam A1 6 - :s T If employees are required to weer anlesavne la the parfarunnam of , .
- this contreet (either by the teams of the Coversusent contract, by the employest, ~,
by state or local law, etc.), the cost of furnishing each waiforms and main- .
i taining (by laundering or dry cleaning) such uniforms is an esponse that may j wot be borne by an esaployee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will eacept j
l payment in accordance with the following se==dards as compliance: '
l The centracter oa e h reeter 9 .
{
t is required to farmielt '
i all employees with an adequate omsber of uniforums withent coat or to reimburse employees for the actuel coat of the unifones. la addition, where assiform cleaning and i
maintenance is saade the responsibility of the amployee, l all contractors and subcontractors subject to this wage e
] determination collective bargaining sha11 (in the absence agreement of a hona providing for afide different amount, or the furnishing of contrary af firmative proof as to actual cost), reimburse all employees for such cleaning and analatenance at a rate of $3.35 a week (or 67 cents a day) . Blowever, is e those instances f.shere the uniforms furnished arm made of "wash and wear
- snaterials, sney be routinely washed and dried with other personal - .
gennents, and do snot require any special treatneset
- auch as dry cleaning., d.mily washing, or commercial O ".
- laundering in order to meet the cleanliness or appearance standard.s set by the terms of the Covernment contrec., by the contractor, by law, og by the nature of the work, there is no requirement i. . .
d that employees be reimbursed for uniform maintenames costa. '
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