ML20151V758
| ML20151V758 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1986 |
| From: | Matt Thomas, Williams P NRC OFFICE OF ADMINISTRATION (ADM), SMALL BUSINESS ADMINISTRATION, TIPCO, INC. |
| To: | |
| Shared Package | |
| ML20151V627 | List: |
| References | |
| CON-NRC-10-86-253 NUDOCS 8602110402 | |
| Download: ML20151V758 (58) | |
Text
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Q
- o i H A I 6NG PAGE OF
@M*Lb AWARD / CONTRACT
- 1. THis CONTR ACT IS A RATE D ORDE R 1
UNDER OPAS 115 CFR 350) i 1
l 30
- a. C nth eroe. east edehat-
-/- /p/
J. EFF ECTevE DATE
- 4. REQUISITION / PURCHASE REQUE51 gPROJECT NO.
RFPA No. ADM-86-253 (formerly ADM-85-267)
- 5. s55UED ev CODE l 6' ^ '"'
- ' " ' ^ " " '
CODE!
U.S. Small Business Administration U.S. Nuclear Regulatory Comission Washington District Office Division of Contracts 1111 18th Street, N.W., 6th Floor Washington, D.C.
20555 Washington, D.C.
20036
- 7. N AME AND ADOR E55 OF CON T R ACT OR (No.. street, cafy. county. State and 41P Code)
- 8. OELt V E R V TIPCO, Inc*
FOB ORIGIN X OTHER (sre briow) 818 18th Street' N.W.
Suite 240 Washington, D.C.
20006 Net 10 SUBMIT INVOICES pTEM (4 copees unless other-See Block 12 wese specirmeds TO THE CODE l F ACILITY CODE ADDRESS SHO?!N IN 3 4. 5McP TO/M ARK F OR l
- 12. PAY MENT WILL BE M ADE S Y See Prime Contract See Prime Contract
$3. AUTHORITY 70R USING bTHER THAN FULL AND OPENTOWEf t? 14. ACCOUNTING AND APPROPRI AT 60N DAT A TION:
io u.S C. 23o4 ten i
41 U S C 253teit
)
See Prime Contract 15A. ITEM NO.
158. SUPPLIES /SE R VICES ISC. QU AN TITY 150 UNIT ISE. UNIT PRICE ISF AMOUNT See attached Prime Contract.
8602110402 8(e0HS PDR CONTR NRC-10-86-253 PDR i
15G. TOTAL AMOUNT OF CONTRACT > S82.902.00
- 16. TABLE OF CONTENTS y) lSEC. l DESCRIPTION lPAGi(S) V)lSECl DESCRIPTION lPAGE(S)
PART I-THE SCHEDULE PART II - CONTR ACT CL AUSES X
A SOLICITATION / CONTRACT FORM 1
X l 1 l CONTR ACT CLAUSES l Ig X
B SUPPLIES OR SERVICES AND PRICES / COSTS 2
PART Ill-LIST OF DOCUMENTS. ExMIBITS AND OTHE R ATTACH.
X C
DESCRIPTION /SPFCSJWOR K STATEMENT 2
X lJ l LIST OF ATTACHMENTS I 30 X
0 PACK AGING AND MARKING 6
PART IV - REPRESENTATIONS ANO INST RUCTIONS X
E INSPECTION AND ACCEPTANCE 6
K REPRESENTATIONS. CERTIFICATIONS AND X
F DELIVERIES OR PERFORMANCE 7
OTHER STATEMENT 9 OF OFFERORS l
X G
CONTR ACT ADMINISTRATION DATA 9
L INSTRS.CONOS. ANO NOTICFS TO OF FF.RORS I
X H
SPECIAL CONTR ACT REQUIREMENTS.
14 M
EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER Will COMPLETE ITEM 17 OR 18 AS APPLICABLE h CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re.
18.
AW ARD (Contractor is not requered to asin this document.) Your 17 o^rtred to sogn thia document and return copies to issuing othee.)
tter on Soncetatnon Number _._
C$ ntractor agrees to furnisn and oefever ase items or perform all the services set o.ncluding the additscns or changes made Dy you which additions or enanges l
forth (e otnerwise edentehed anove and on any continuation sneets for the are set fortn en fun above..s merecy accepted as to the stems hsled aDove and j
c> nsiderateon stated pere 1. Tne regnts and obusations of tne parties to tnis on any continuation sneers. Ynes award consummates the contract wnecn con.
contract snall De sunnect to and governed Dy tne following documents: (a) this sists of tne foHowing documents tap the Government's sosicatation and your l
'L'sP*i"tJ*c'h,Pn's.'"In""3'e,','.Oi n'sMs*".'ea's"X o'r.%"M**Me';"s C,'D'"*"'**'""""*~'""""""*'""""*"'
rit&nce nerenn. (A ttechmenta are Insted herran.)
iga, N,.ME AND TIT LE OF SIGNE R (T>pe or print) 20A. NAME OF CONTR ACTING OF F6CER
\\
MARY E. THOMAS
{
M4 kbfreLT M S,h2M, CONTRACTING OmCER 198.N OFCONTRAC OR 19C.DATE 5sGNED 208. UNI EO ST ATE 5 0F CA 20C. O TE S NEO g3 M
'lY BY ISusnature ol Con troe ts c Of scer)
($sgnature of person authernsed to esens I
NSN 7540-01 152 8069 26-10.*
f STANDARD FOdM 26 IREv. 4 an i
PJ EVtOUS EDITION UNUSABLE scr oed y A
p l
GPO 1985 0 - 469-794
NRC-10-86-253 Page la PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES 52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS.
(APR1984)
(a) The Small Business Administration (SBA) has entered into Contract No. NRC-10-86-253 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 thereof.
(b) TIPC0, Inc., hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-10-86-253 for-the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility for the administration of this subcontract to the U.S. Nuclear Regulatory Commission with complete 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 requirements of this subcontract to any lower tier subcontractor without the prior written approval 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)
(AV 1-1.713-3(e)(1))
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS PRIME CONTRACT NO. NRC-10-86-253 i
e e
AWARD / CONTRACT
' $'ggn gT"^ 7,1S SCO AS11 c o
1 30
- 2. CON T R AC T (Proc. Jnst. ident.J NO.
J. EFF EC T EVE DAT E
- 4. R EQUIS4 T ION /PU RLM ASE HEGUES T PHOJ EC T NO.
/
NRC-10-86-253 12/30/85 RFPA No. ADM-86-253 (formerly ADM-85-267) 5 ISSUED sv g
- e. ADMINISTERCO BY (if other the9 flem S) l U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C.
20555
- 7. N AME AND ADORESS OF CONT R ACTOR (No.. street. csty. coun ty. Siete and ZJP CodeJ
- 8. DE LI V E R Y PRIME:' U.S. Small Business Administration Washington District Office FOB ORIGIN OTHE R ISce briow) 1111 18th Street, N.W., 6th Floor 9 O'SCOU~T FOa PaOMaT PavMENT Washington, D.C.
20036 SUB:
TIPCO, Inc.
Net 81818th Street, N.W., Suite 240 Washington, D.C.
20006 to SusMiT iNv0 ICES liTEM a co,.c. ur u.. a'a'r See Block 12 wisc specs / sed) TO THE CODE
- F ACILITY CODE ADDRESS THO//N IN
- 13. 5 Map TO/M ARK F O R
- 12. PAvMENT wtLL BE MAOL Sv CODE
[
U.S. NRC U.S. NRC, ORM/ Division of AccE1ng & Hnance Attention: Mr. John A. Skoczlas, Jr., DMB Attention: GOV /COM Accounts Section Washington, D.C.
20555 Washington, D.C.
20555 13.~ AUTHORITY FOR USING OTHE R THAN FULL AND OPEN COMPE TI.
- 14. ACCOUNTsNG AND APPROPRi ATION D AT A APPN No.
B&R No.
Amount Oblicated t o u.s c. 23o4:en i
4 U s C 253<cn i
,31X0200.405 48-20-25-8-26
$82,902.00 15A. ITEM NO 158. SUPPLIES /SE R VICES 15C. QU ANTITY 15D UNIT ISE UNIT PRICE 15F AMOUNT The U.S. Nuclear Regulatory Commission (NRC) hereby accepts 'IPCO, Lnc.'s proposal dated October 22, 1985 submitted in response to RFP No. RS-ADM-85-267, as revised December 3, 1985, which is incorporated herein by reference and made a part hereof to reorganize, inventory, and refi' e NRC archival data and records as set forth herein.
See Page 18, Section H.6.
for Spec' al 8(a) Contract Conditions. This 10 a cost-plus-f-xed-fee contract.
1so. TOTAL AMOUNT OF CONTR ACT > S 82,902.00
- 16. TABLE OF CONTENTS VilSEC.l DESCRIPTION lPAGE(S)
V) lSEC l DESCRIPTION lPAGF 'S)
PART S -THE SCHEDULE PART il - CONTR ACT CLAUSES X
A SOLICITATION / CONTRACT FORM 1
Xl t l CONTRACT CLAUSES l 19 X
B SUPPLIES OR SERVICES AND PRtCES/ COSTS 2
PART lit - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATT ACH.
X C
DESCRIPTION / SPECS / WORK STATEMENT 2
XlJ l LIST OF ATTACHMENTS I 30 X
D PACK AGING AND MARKING 6
PART IV - REPRESENTATIONS AND INST RUCTIONS X
E INSPECTION AND ACCEPTANCE 6
K REPRESENTATIONS. CERTIFICATIONS AND X
F DELIVERIES OR PERFORMANCE 7
OTHER STATEMENT 9 OF OFFERORS x
G CONTR ACT ADMINISTRATION DATA 9
L INSTRS.CONDS. AND NOTICES TO OF F E RORS y
H SPECIAL CONTRACT REQUIREMENTS 14 M
EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPlICAPL E 17.
CONTRACTOR *$ NEGOTIATED AGREEMENT (Contractor is re.
- 18. X AWARO (Contractor as not reeurred to sagn thsa document.) Your als items or ce for'r e s"ervic [s'ef Nng
'e tSo s chWes made Dy you waien aceitions or enang'es tactor to t u n sn an ce a
n a
In a n sr eet's. TnYa Tne r ents a e o n u tne a s to tn n
a on s a ner coni uat a a c ns r a es n cont act wn en con.
e NrYfc'onNetY(Nn*e sNc' atEn".Yf any n's ieb ucYo ov$ sins "re$res' N
$f f'e'r NsYwarc/$ntNet.'[d.'turt$er c'o"n$r*ac't)a t is nece"s'-
e an (
u
'n"An'c','O','# 3,[23't'e,fi ",'t, C,*,'J1"""
19A. NAME AND TITLE O ip(or pran##
20A. NAME OF CONT R ACTING OF FICER o omcgs.
Timothy F. Ha,gan ontracting Officer 19*.N E OF CONT RACT 19C. ATE 4GNED 208. UN I T E STATES AME RIC A, f 20C. DATE StGN ED
'I
/
L By
?
BY istneture of person autaorub to esen)
'i
- tSegn'ethre of $ontractsee<Offogerp
/*, *./*J s
NSN 7540 01 152 8069 26-107
' STANDARD FORM 26 kREd 4 85)
DAEVIOUS EDITION UNUSABLE y
A r uga GPO 1985 0 - 469-794
NRC-10-86-253 Page 2 Section 8 - Supplies or Services and Prices / Costs B.1 Brief Description of Work _
Provide services to inventory, index, interfile, and reorganize U.S.
Nuclear Regulatory Comission archival data and records stored in a comercial environmentally controlled facility, and furnish final inventories in diskette form, in accordance with the Description /
Specifications / Work Statement set forth in Section C.
B.2 Total Estimated Cost........................$76,761.00 Fixed Fee...................................$ 6,141.00 Total Estimated Cost Plus Fixed Fee.........$82,902.00 Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1.
Background
For the past several years +:e U.S. Nuclear Regulatory Commission (NRC) has been accumulating
.ious records, in microform, microfiche and other media, to support the Comission records retention objectives.
Recently, all of this materf a1 has been relocated to a comercial environmental storage facility in Columbia, Maryland.
These data, which were not subject to ~ prior records mar.igement configuration control, were placed as expediently as possible into the temperature and humidity controlled. vault.
Due to the current disorganization of the material, it is extremely time consuming and inefficient to retrieve material from this facility.
Therefore, a one-time effort is required to perform several vital activities with the collection of data. This statement of work details the specific task activities that are to be performed and provides general quantity infomation regarding the numbers and types of data involved.
C.I.2.
Contract Objective To bring stored material into a viable records management configuration to allow for cost-effective accumulation, rapid retrieval, and inventory integrity of permanent NRC records.
C.I.3.
Scope of Work C.1.3.1.
General The Nuclear Regulatory Comission requires services to provide assistance in the areas of inventory establishment, indexing, interfiling and reorganization of microfiche, space management activities regarding file cabinets for various NRC collections, and l
l l
NRC-10-86-253 Page 3 the consolidation of various sets of microfiche, magnetic computer tapes, magnetic cassette tapes and aperture cards associated with selected sets of data and records.
In order to accomplish the contract objectives the following tasks are to be performed:
o Consolidate Microfiche (other than NTIS and PRDI) o Organize the National Technical Information Service (NTIS)
Docket Microfiche o
Consolidate Backfit Microfiche with the NTIS Docket Microfiche o
Organize Power Reactor Docket Information (PRDI) Microfiche o
Interfile PRDI and NTIS Microfiche Collections o
Inventory Cassette Tapes o
Inventory Magnetic Computer Tapes o
Inventory 25 and 50 mile radius photos
-o Reposition Aperture Card Collection To allow for the most efficient use of personnel the contractor may schedule the order for task completion.
C.I.3.2.
Description of Tasks The contractor shall provide all necessary supervision, labor, materials, and equipment (except that specifically identified as Government-furnished) to accomplish the following tasks:
Task 1 - Consolidate Microfiche (Other than NTIS and PRDI) l There are currently 18 cabinets of microfiche whic,h at the present l
time are not organized within the cabinets in any consistent order.
The contractor shall rearrange the microfiche into a consolidated order according to category and date within the category.
The sontractor ufil be provided with # listing of the different categefes ~ and date ranges vithin the otagories.
The contractor will also be provided with drawer locat!%,3 within the 18 cabinets in which each category of microfiche rey be found.
Any additional microfiche cabinets required for completion of this task will be provided by the'NRC.
I Upon completion of the consolidation, the contractor shall establish and deliver a microcomputer based inventory on an IBM /PC compatible diskette.
The inventory configuration will be approved by the Project Officer before work connences.
The Project Officer will
NRC-10-86-2'53 Page 4 provide verbal comments and/or approval, to be confimed in writing, within three business days following receipt of the inventory configuration.
Task 2 - Organize NTIS Microfic5e l
The NTIS microfiche collection is currently composed of approximately 200,000 microfich? titles arranged by month and docket in approximately 310 microffene shipping boxes.
The: contractor shall organize this collection according to docket number, date ar.d accession number within docket and file in an NRC furnished cabinet.
The contractor shall establish an inventory system to indicate the cabinet and draker number for the beginning of each docket.
The inventory system will be delivered to the ! Sject Officer on an -
IBM /PC compatible diskette.
Task 3 - Consolidate Backfit (Docket 50) Microfiche In addition to the Task 2 NTIS microfiche, there exists a collection of 45,000 "backfit" microfiche that represents sixteen dockets or power plants.
The contractor shall properly file these microfiche l
with the main NTIS collection, as reorganized under Task 2.
This microfiche shall be inventoried with the NTIS microfiche.
Task 4 - Organize PRDI Microfiche The PRDI microfiche collection is currently composed of i
approximately 60,000 microfiche tfties, which are now 1n no particular order.
The contractor shall organize this collection according to docke'. date and category.
This collection shall be interfiled and inventoried with the NTIS microfiche (Task 2 ebove).
Task 5 - Inventory Cassette Tapes There are presently sixty (60) records holding boxes each containing l
approximately 500 magnetic cassette tapes of hearing transcripts.
Each cassette tape is numbered.
Tapes may be either original transcripts (in black containers) or duplicate transcripts (in gray containers).
The cassettes are in no particular order in the 60 boxes.
The contractor shall arrange the cassettes in numerical order, develop a microcomputer-based inventory system containing the new box number, cassette number and a cryptic description of the hearing title if title is shown on the cassette label.
All duplicate tapes shall be purged from the collection and returned to the Project Officer for disposal unless there exists no matching original.
Duplicate tapes shall be substituted for missing originals as i
necessary.
The new inventory shall be delivered to the Project
(
Officer on an IBM /PC compatible diskette.
i
.,_m
- - - - - - - - - - - - - - - - -. - - - - - - -. ~ - - - - - -
NRC-10-86-253 Page 5
_ Task 6 - Inventory Magnetic Computer Tapes There are currently 120 magnetic computer tapes located in the environmental storage facility in boxes.
These tapes represent various computer files including NRC Document Control System (DCS) backup files. Each tape is labeled with a tape number, a file name, a creation date and in some cases a sequence number such as I of 3.
The contractor shall establish an inventory system for these magnetic tapes and organize the tapes in a magnetic tape storage cabinet to be provided by the NRC.
The inventory system shall include the identifying information on the tapes as well as the -
storage location within the cabinet.
The inventory shall be delivered to the Project Officer on an IBM /PC compatible diskette.
Task 7 - Inventory 25 and 50 Mile Radius Photos A collection of approximately three hundred 25 and 50 mile radius photos are currently stored in a cabinet at the environmental facility.
The contractor shall inventory t' e photos and list the photo locations by' photo identifiers such as Docket. Date, Plant Name and/or any other identifiers.
The inventory, to include the storage location within the cabinet, shall be delivered to the Project Officer on an IBM /PC compatible diskette.
Task 8 - Reposition Aperture Card Collection Five cabinets containing aperturc cards are currently in order.
However, these cards need to be repositioned and consolidated into new cabinets in the proper order. The contractor shall transfer the aperture cards into sequential contiguous drawers within NRC-provided cabinets.
C.I.3.3.
Quality Control The record materials stored at the environmental. facility are considered to be permanent, archival agency records.
Because of this, special emphasis shall be placed on the care and handling of the materials, adherence to correct filing procedures, and accuracy of inventory data. The contractor shall submit an in-depth quality control plan for Project Officer approval before any work commences.
C.I.3.4.
Machine-Readable Contract Deliverables i
Inventories to be delivered under Tasks 1, 2, 5, 6 and 7 shall be on diskettes capable of use on an IBM Personal Computer (PC) and shall comply with the requirements of Attachment No. 3, " Requirements for l
Use of Microcomputers by NRC Contractors," dated flovember 7,1984.
Each inventory shall be on its own diskette (s) and shall be a separate deliverable.
Diskettes shall be labeled to identify the i
specific inventory.
Computer data entry may be performed at the environmental facility or the contractor's site using contractor-owned equipment or at the Woodmont Building, Bethesda, Maryland, using NRC-owned equipment.
I
NRC-10-86-253 Page 6 C.I.3.5.
Work Area and Facilities / Equipment to be Furnished by NRC All of the work associated with this contract, except computer data t
entry, shall be perfomed at the envircnmental facility, Database, Inc., 8928 McGaw Court, Columbia, Maryland 21044.
The contractor shall provide space for accomplishment of the work at Database, Inc.
and arrange for access thereto.
NRC will provide all additional filing equipment required to house the collection.
Additional filing equipment will be placed on site by NRC within one week following notification by the contractor to the Project Officer of the type and number of pieces of equipment required.
Section D - Packaging and Marking The Contractor shall use standard commercial packaging for all items to be delivered.
On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
Section E - Inspection and Acceptance E.1 FAR Citations 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT.
(APR1984)
(a) Definition.
" Services," as used in this clause, includes services performed, workmanship, and material furnished or used in perfoming services.
(b)
The Contractor shall provide and maintain an inspection. system acceptable to the Government covering the services under this contract.
Complete records of all inspection work perfomed by the Contractor shall be maintained and made available to the Government during contract performance and for as long aftemards as the contract requires.
(c)
The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times l
during the term of the contract.
The Government shall perform inspections and i
tests in a manner that will not. unduly delay the work.
(d)
If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perfom the services again in conformity with contract requirements, for no additional fee. When the I
defects in services cannot be correctd by reperformance, the Government may (1)
I require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.
(e)
If the Contractor fails to promptly perform the services again or l
take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or othemise, perform 7
the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.
i (End of clause)
(R 7-1909.5 1971 Nov.)
~ - -., _ _ _ _ _ _ _ _ _ _ _ _ _ __
NRC-10-86-253 Page 7 E.2.
Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at destination.
Section F - Deliveries and Performance F.1.
Reports, Documentation and Other Deliverable End Items F.1.1.
The Inventory Configuration for Task 1 (Reference Section C.I.3) shall be delivered in one copy to the Project Officer for approval within seven days following contract award.
F.1.2.
The Quality Control Plan (Reference Section C.I.3.3.) shall be delivered in one copy to the Project Officer for approval within 14 days following contract award.
F.1.3.
Deliverables, i.e., inventories, for Tasks 1, 2, 5, 6 and 7 (separate deliverables for each Task) shall be in the form of IBM /PC compatible diskettes and comply with requirements of Attachment 3.
Delivery may be made following completion of each task, however, all inventories must be delivered within six months from date of contract award.
F.1.4.
The contractor shall submit to the Project Officer bi-weekly progress reports containing, as a minimum, the following information:
a.
Progress within reporting period, by task.
b.
Cumulative progress to date in any of the defined tasks.
c.
Staff utilized and man-hours expended during the report period and to date.
d.
Equipment, personnel or work flow problems and corrective action
- taken, e.
Funds expended during the reporting period and to date.
f.
Projected progress for the next reporting period.
Progress reports shall be submitted within five days following the end of the reporting period. One copy of each report shall be furnished to the Contracting Officer.
F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges pre-paid by the Contractor, to:
D a
NRC-10-86-253 Page 8 U.S. Nuclear Regulatory Commission Attention: Mr. John A. Skoczlas, Jr.
Office of Administration Division of Technical Information and Document Control Mail Stop: W-548 Washington, D.C.
20555 ProjectOfficer(1 copy)
Division of Contracts (1 copy) - Written submissions (excluding machine-readable deliverables)
F.3.
Duration of Contract Period This contract shall become effective on either the date of award or the effective date as otherwise specified, and shall continue to completion thereof, estimated to occur within six months after said contract is effective. The estimated completion date is June 17, 1986.
F.4 FAR Citations 52.212-13 STOP-WORK ORDER.
(APR 1984) Alternate I (APR 1984)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree.
The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.
Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Termination clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work.
The Contracting Officer shall make an equitable adjustment in the d1eivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts a claim for the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim asserted at any time before final payment under this contract.
L
NRC-10-86-253 Page 9 (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
(AV 7-105.3 1971 APR)
Section G - Contract Administration Data G.1 Consideration Estimated Cost, Fixed Fee and Obligation 1.
It is estimated that the total ccst to the Government for full performance of this contract will be $82,902.00, of which the sum of
$76,761.00 represents the estimated reimbursable costs, and of which
$6,141.00 represents the fixed fee.
2.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.
3.
The amount presently obligated by the Government with respect to this contract is $82,902.00.
G.2 Overhead / General and Administrative Rates A.
Pending the establishment of final offsite o/erhead rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs hereunder-at a rate not to exceed the ceiling rate of 41 percent of direct labor for the period of performance under this contract.
In no event shall the final established overhead rate exceed the ceiling rate herein established. However, subject to final audit, the ceiling rate may be adjusted downward to reflect actual experienced rate.
B.-
Pending the establishment of final general and administrative rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 13 percent of total direct costs and overhead.
C.
Notwithstanding A. and B. of this Section, said provisional overhead and G8A rates may be adjusted as appropriate during the tenn of the i
contract upon the acceptance of such revised rates by the Contracting Officer.
I
NRC-10-86-253 Page 10 G.3 Pa.yment of Fixed Fee Payment of fixed fee shall be in accordance with paragraph (b) of clause 52.216-8 entitled " Fixed Fee" and the NRC billing instructions.in Part III, Section J.
G.4 Technical Direction A.
Performance of the work under this contract-shall be subject to the technical direction of the NRC Project Officer named in Section G.5 of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.
2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
1.
Constitutes an assignment of additional work outside the general scope of the contract.
2.
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
4.
Changes any of the expressed terms, conditions or specifications of the contract.
C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be submitted to the Contracting Officer.
The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
NRC-10-86-253 Page 11 If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to ~ modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract.
E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
G.5 Project Officer A.
The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dis aute arising under the contract, or issue any unilateral directive w1atever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical
- progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) perfoming technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems' encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submft recomendations for approval, disapproval, or suspension for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in tems, conditions, or amounts cited in the contract.
NRC-10-86-253 Page 12 For guidance frr.m the Project Officer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
B.
Name and Mafi Code: Mr. John A. Skoczlas, Jr., DM8 Office Address:
Woodmont Building 8120 Woodmont Avenue 3ethesda, Maryland Telephone Nurber:
492-8541 (301)
G.6 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies) to:
U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C.
20555 or (2) The date the final deliverable product / service is accepted by the Government.
(b) For the purpose of determining the due date for payment and fnr no other purpose, acceptance will be deemed tr occur 30 calendar days i
after the date of delivery of the final dr.liverable product / service performed in accordance with the tems of the contract.
(c) If the final product / service is rejected for failure to conform to the technical requirements of the~ contract, the provisions in paragraph (b) of this clause will apply to the new delivery of the final product / service.
l (d) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000.
The date a check is l
issued shall be considered the date payment is made for individual payments of $25,000 or less.
NRC-10-86-253 Page 13 G.7 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:
U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C.
20555.
To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
(1) Name of the business concern and invoice date.
(2) t,voi.ract number or other authorization for delivery of property or services.
(3) Description price and quantity of property and services actually delivered or rendered.
(4) Shipping and payment terms.
(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.8.
Interest on Overdue Payments (a) The Prompt Payment Act, Publig Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment cr the expiration invoice under this contract and requires the payment of interest to Contractors on overdur payments of the expiration invoice or improperly taken discounts.
(b) Determinations of interest due will be made in accordance with the provision's of the Prcmpt Payment Act and Office of Management and Budget Circular A-125. Vol. 47 Federal Register 37321, August 25, 1982. Arnong other considerations, OMB Circular A-125 provides that:
(1) Intefest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date.
Interest will be computed from the day after the due date through the payment date.
NRC-10-86-253 Page 14 (c) For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for perfomance through the expiration date of a Cost Type contract.
G.9 Travel Reimbursement Total expenditure for local travel shall not exceed $1,112.00 without j
the prior approval of the Contracting Officer.
The contractor will be reimbursed for the following travel costs incurred directly and 1
specifically in the. performance of this contract and accepted by the j
Contracting Officer.
4 The cost of travel by. privately owned automobile shall be reimbursed at the rate of 20.54 per mile.
j Section H - Special Contract Requirements H.I Safety Health, and Fire Protection The Contractor shall take all reasonable precautions in the perfonnance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to 11fe and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Comission and the Department of Labor.
In the j
event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Comission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.
[
H.2 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Comission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other information which has not been released to the I
pubife or has been detennined by the Comission to be otherwise exempt from disclosure to the. public.
Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perform the l
work under this contract.
Contractor agrees to return such information i
to the Comission or otherwise dispose of it either as the Contracting l
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NRC-10-86-253 Page 15 Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
Failure to comply with this clause shall i
be grounds for temination of this contract.
l H.3 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112)
(a) Purpose. The primary purpose of this clause is to aid in ensuring i
that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, c.ganizational, or othemise) which relate ' to the work under this contract, and (2) does i
not obtain an unfair competitive advantage over other parties by virtue j
of its performance of this contract, j
(b)
Scope.
The restrictions described herein s' 11 apply to performance or participation by the Contractor as def. sad in 41 CFR 120-1.5402(f) in the activities covered by this clause.
i (c)
Work for Others.
Notwithstanding any other provision of this contract, during the - term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a confifct of interest with respect to the work being performed under this contract.
The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any such.
employee that any proposed consultant or other contractual arrangement t
with any firm or organization may involve a potential confifct of l
interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
1 (d) Disclosure after award.
(1)
The Contractor warrants that to the best of its knowledge and belief and except as othemise 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, t
l it shall make an immediate and full disclosure in writing to the Contracting Officer.
Th's statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Gove mnt.
NRC-10-86-253 Page 16 (e) Access to and use of information.
(1)
If the Contractor in the performance of this contract obtains access to informa tion, 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; (11) compete for work for the Connission based 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; (111) submit an unsolicited proposal to the Government based on such infomation until one year after the release of such information to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such infomation 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 20-1.5402(h), the Contractor shall include this clause, including this pa ragraph, in subcontracts of any tier.
The terms " contract," " Contractor," and
" Contracting Officer," shall be appropriately modified to preserve the Government's rights.
(g)
Remedies.
For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may teminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract.
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1 NRC-10-86-253 Page 17 (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 520-1.5411.
H.5 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments.
In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9.
In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall ccmplete all items except item 4.
1.
Name and address of organization 2.
Contact person and telephone number 3.
Name and address of financial institution 4.
Financial institutions's 9-digit ABA identifying number for routing transfer of funds 5.
Telegraphic abbreviation of financial institution 6.
Account number at your financial institution if your financial institution receives electronic funds transfer messages through the Federal Reserve Connunications System 7.
Name and address of the correspondent financial institution if your financial institution does not receive electronic funds transfer messages through the Federal Reserve Communications System 8.
Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds 9.
Telegraphic abbreviation of correspondent financial institution
- 10. Signature and title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing.
It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
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NRC-10-86-253 Page 18 H.6 Far Citations 52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS.
(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)).
(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 U.S. Nuclear Regulatory Commission 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 subcontract; provided, however, that the U.
S.
Nuclear
\\
Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S.
Nuclear Regulatory Commission.
(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)
(AV FFR 1-1.713-3(d)(1))
H.7 Determination of Minimum Wages and Fringe Benefits Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits specified in the Department of Labor Wage DeterminationNo. 80-33 (R.7.), January 4,1985 which is attached hereto (Attachment No. 5).
t
NRC-10-86-253 Page 19 PART II - CONTRACT CLAUSES Secticn I - Contract Clauses FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act of 1965, as amended:
This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).
(b)(1) Each service employee employed in the perfomance of 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 detemined by the Secretary of Labor or authorized representative, as specified in any. wage determination attached to this contract.
(2)(1)
If there is such a wage determination attached to this contract, the contracting officer shall require that any class of sarvice employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (f.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination.
Such confomed class of employees shall be paid the monetary wages and furnished the fringe benefits as are detemined pursuant to the procedures in this section.
(The infomation collection requirements contained in the following paragraph of this section have been app) roved by the Office of Management and Budget under OMB control number 1215-0150.
(11)
Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A wrftten 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 Administration, U.S. Department of Labor, for review.
The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
(iii)
The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken.
Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination.
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NRC-10-86-253 l
Page 20 (iv)(A) The process of establishing wage and fringe benefit rates that bear a j
reasonable relationship to those listed in a wage determination cannot be i
reduced to any 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 i
rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage deteminations issued in the same locality. Basic j
to the establishment of any conformable wage rate (s) is the concept that a pay i
relationship should be maintained between job classifications based on the skill
)
required and the duties performed.
(B) In the case of a contract modification, an exercise of an option or i
extension of an existing contract, or in any other case where a contractor j
succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such confomed classification by indexing (f.e.,
l adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between i
the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage detemination, and those
{
specified for the corresponding classifications in the previously applicable wage detemination.
Where confoming actions are accomplished in accordance with this paragraph prior to the perfomance of cont *act work by the unlisted class of employees, the contractor shall advise the contractin j
action taken but the other procedures in paragraph (b)(2)(fi)g officer of the of this section need not be followed.
(C) No employee engaged in performing work on thfs 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 (11) of this section shall be paid to all employees performing in i
the classification from the first day on which contract work is performed by i
them in the classification.
Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally detemined by 1
the Wage and Hour Division retroactive to the date such class of employees connenced contract work shall be a violation of the Act and this contract.
l (vi)
Upon discovery of fa11ure to comply with paragraph (b)(2)(1) through (v) i of this section, the Wage and Hour Division shall make a final determination of confomed classiffcation, wage rate, and/or fringe benefits which shall be i
retroactive to the date such class of employees commenced contract work.
(3)
If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe beneff ts 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.
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4 NRC-10-86-253 Page 21 (c)
The contractor or subcontractor may discharge the obligation to. furnish i
fringe beneff ts specified in the attachment or determined confomably thereto by furnishing any equivalent combinations of bona fide ' fringe benefits, or by making equivalent or differential payments in cash in accordance with the i.
appifcable 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 i
employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standard Act of 1938.
Nothing in this provision shall relieve the contractor or any subcontractor of any other obifgation under law or contract 2
for the payment of a higher wage to any employee.
j (2)
If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits i
provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee perfoming any of the contract work f
- j (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such i
{
collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement.
No contractor or subcontractor under this 4
contract may be relieved of the foregoing obligation unless the limitations of 94.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labo or his 4
authorized representative finds, after hearing as provided in 94.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or detemines, as provided in 54.11 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 l
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 6
i collective bargaining agreement are substantially at variance with those which i
l prevail for services of a character similar in the locality, and/or that the l
collective bargaining agreement applicable to service employees employed under l
the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage detemination setting forth the applicable wage rates and fringe benefits. Such determination i
shall be made part of the contract or subcontract, in accordance with the l
decision of the Administrator, the Administrative Law Judge, or the Board of i
Service Contract Appeals, as the case may be, irrespective of whether such j
issuance occurs prior to or after the award of a centract or subcontract 53 l
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 j
effective as of the date of the final administrative decision.
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NRC 10-86-253 Page 22 (e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract.
The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.
(Approved by the Office of Management and Budget under OMB control number 1215-0150).
(f)
The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buf1 dings or surroundir:gs 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)(f) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S.
Department of Labor.
(Sections 4.6(g)(1)(1) through (iv) approved by the Office of Management and Budget under OMB control r. umber 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OM8 control nurr.ber 1215-0159).
(1) Name and address and social security number of each employee.
(11)
The correct work classification or classifications, 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.
(111) 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 Ifst of monetary wages and fringe beneff ts 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 paragraph (b) of this section.
A copy of the report required by the clause in paragraph (b)(2)(f f) of this section shall be deemed to be such a list.
(vi)
Any list of the predecessor contractor's employees whicS have been furnished to the contractor pursuant to 64.61(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.
NRC-10-86-253 Page 23 (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 or 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 or any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period'under this Act may not be of any duration longer than semi-monthly.
(1)
The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be 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 may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased., Additionally, any failure to comply with the requirements of these clauses relating to the Sevice 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, Darging the contractor in default with any additional cost.
(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 tem " 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 performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations.
The term " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(2) The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for informational purposes only:
NRC-10-86-253 Page 24 The following classes of service employees expected to be employed under the centract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:
Monetary Employee Class Wage-Fringe Benefits Records Management Analyst GS-13 318.02 (Supervisor)
Record Clerk GS-05 6.89 Data Entry Clerk (Typing)
GS-05 6.89 Fringe Benefits Health Insurance:
The government pays approximately 60 percent not to exceed the cost of the insurance.
Life Insurance:
The government pays one-third of the cost of Basic Life Insurance.
3 Paid Holidays:
New Year's Day, Washington's Birthday, Memorial Day.
Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, Martin Luther King's Birthday (beginning January 1986), and Inauguration Day (once every four years).
Leave Accrued Sick Leave:
Two (2) hours each week regardless of length of service.
Annual leave:
1.
Two (2) hours each week for an employee with less than three years of service.
2.
Three (3) hours each week for an employee with three but less than 15 years of service.
3.
Four (4) hours each week for an employee with 15 or more years of service.
Retirement:
The government contributes 7 percent of the basic hourly rate.
I NRC-10-86-253 Page 25 (1)(1)
If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being perfomed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement.
Such report shall be made upon comencing perfomance 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.
(Approved 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 perfomed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (4.173 of Pegulations, 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified Ifst of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract perfomance.
Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee.
The contracting officer shall turn over such list to the successor contractor at the comencement of the succeeding contract.
(Approved by the Office of 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 officials thereof) certifies that neither it (nor he or she) nor any person or fim who has a substantial interest in the contractor's firm is a person or firm ineligible to l
be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.
l (2)
No part of this contract shall be subcontracted to any person or fim l
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 !.n accordance with the following variations, tolerances, and i
exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impaiment of the conduct of Government i
business:
l
a 6
NRC-10-86-253 Page 26 (1)
Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or i
2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in 11eu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of j
apprentices, student-1 earners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2)
The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of 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 Ifeu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the predetemined 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, Enployment and Training Administration, U.S.
Department of Labor. Any employee who is not registered as an apprentice in an 1
approved program shall be paid the wage rate and fringe benefits contained in the appifcable wage determination for the journeyman classification of work actually performed.
The wage rates paid apprentices shall not be less than the i
wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the -appifcable wage detemination.
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 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 proviso:
(1)
The employer must inform tipped employees about this tip credit allowance before the credit is utilized.
NRC-10-86-253 Page 27 (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whethe" 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 Sevice Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);
(4)
The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.
(r)
Disputes concerning labor standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8.
Disputes within the meaning of the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, the employees or their representatives.
(FPR Temporary Regulation 76) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.
(APR1984)
This contract incorporates the following clauses by reference, with 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 Section E Section F Section I 52.202-1 DEFINITIONS.
(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR 1984) 52.203-3 GRATUITIES.
(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES, (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.
(APR 1984) 52.215-2 AUDIT--NEGOTIATION.
(APR 1984) 52.215-30 FACILITIES CAPITAL COST OF MONEY.
(APR 1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY.
(APR 1984) 52.216-7 ALLOWABLE COST AND PAYMENT.
(APR1984) 52.216-8 FIXED FEE.
(APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(APR 1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.
(APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
(APR 1984)
i NRC-10-86-253 i
Page 28 i
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
(APR 1984) 52.222-3 CONVICT LABOR.
(APR 1984) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTIME COMPENSATION--GENERAL.
(APR 1984) 52.222-26 EQUAL OPPORTUNITY.
(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT.
(APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. -(APR 1984) 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS.
(APR1984) 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS.
(APR 1984) 52.232-17 INTEREST.
(APR 1984) 52.232-20 LIMITATION OF COST.
(APR1984) 52.232-23 ASSIGNMENT OF CLAIMS.
(APR1984) 52.233-1 DISPUTES.
(APR 1984) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS.
(APR 1984) 52.243-2 CHANGES--COST-REIM8URSEMENT.
(APR 1984)--Alternate I.
(APR 3
1984) 52.244-2 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS.
(JUL 1985) 1 52.244-5 COMPETITION IN SUBCONTRACTING.
(APR 1984) j 52.245-1 PROPERTY RECORDS.
(APR 1984) 52.245-5 GOVERNMENT PROPERTY (C0ST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS).
(APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR 1984) i 52.249-6 TERMINATION (C0ST-REIMBURSEMENT).
(APR 1984) 52.249-14 EXCUSABLE DELAYS.
(APR 1984) 52.233-3 PROTEST AFTER AWARD.
(JUN 1985) -- ALTERNATE I (JUN 1985)
(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR)
~
the Contracting Officer may, by written order to the Contractor, direct. the Contractor to stop performance of the work called for by this contract.
The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall innediately comply with its terms and~ take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.
Upon receipt of the final decision in the protest, the Contracting Officer shall 1
either--
(1) Cancel the stop-work order; or j
(2) Terminate the work covered by the order as provided in tha Tennination clause of this contract.
(b) If a stop-work order issued under this clause is canceled either bafore l
or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any l
other terms of the contract that :nay be affected and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and l
._,-._r,,,_,
NRC-10-86-253 Page 29 (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(End of Clause)
NRC-10-86-253 Page 30 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1
NRC Organization Chart, I page 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20), 12 pages 3
NRC
" Requirements for Use of Microcomputers by NRC
' Contractors," November 7, 1984, 2.pages.
4 Billing Instructions for NRC Cost-Type Contracts (Revised June 1984), 8 pages including cover sheet 5
Department of Labor Wage Determination No. 80-33 (R.7.),
January 4, 1985, 3 pages 1
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PART 20-1 -- GENERAL.
Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational sonflicts of interest.
20-1.5404 Representation.
20-1.5405 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 Subcohtractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8. Pub. L.95-601, adding Sec.170A te Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) l 120-1.5401 Scope and Policy (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Commission to avoid, eliminate or neutralize contractor organizational conflicts l
of interest. The NRC achieves this objective by requiring all prospective l
contractors to submit information describing relationships, if any, with l
organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of intrerest in the event of contract award.
(b) Contractor conflict of interest detsminations 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 reso1ve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is:
Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies ter contractors and offerors only.
Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appoiatment process, NRC.
7590-01 4
agreements with other government agencies, international organizations, or state, local or foreign governments; separata procedures for avoiding conf 1fets af interest wi'l be employed in such agreements, as appropriate.
120-1.5402 Definitions (a) exists whereby a contractor or prospective contractor has pre planned interests related to the work to be performed under an NRC contract which:
(1)Maydiminishitscapacitytogiveimpartial, technically sound, objective assistance and advice or riey 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 tn= mraisal of a technology, process, product, or policy.
(d) " Technical consulting and management support services" means internal' assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the pubite or pmprietary 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, firm, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third part controls or has the power to control both (41 CFR S1-1,606-1(e)). y (h) " Subcontractor" reans any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(i) " Prospective contractor" or " offeror" means cny person, firm, unincorporated association, joint venture, partnership, corporation, o;-
affiliates thereof, including its chief executive, directors, key per:cnnel (identified in the proposal) proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
2
e 7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The term " potential conflict of interest" is used to signify those situations which. merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be, reported to the contracting officer for investigation if they arise during contract performance.
I0-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.
Two quaitions will be asked in detennining 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 NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of common sense and 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. requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.-
(b) Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and reconmendations to the NRC in a technical area in which it is also providing consulting assistance in the same area 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 marketing.
?
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
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:
(1) Where the offeror or' contractor prepares specifications which are to be and in competitive procurements of products or services 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 infomation of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competttitradvantage Tor the offeror or contractor.
(c) Policy application guidance.
Th'e following examples are illustrative only and are not intended to identify and resolve all contractor organizational confifet of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RFP) proposes to undertake certain analyses of a reactor component as called for in the RFP.
The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work nnrmally 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 A8C Corp., in response to a RFP proposes to perfom 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 called 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.
4
7590-01 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 1
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 certain type of commercial 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 pt:otection of the public.
Orfly 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 MRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judynent could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new systen for evaluating a specific reactor component's performance for the purpose of l
developing standards that are important to the NRC program. The ABC Co.
l has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
l 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 I
unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the cont: actor's private activities unless, such information is generally available to others.
Further, the contract l
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.
D 8
7590-01 (5)
Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and s20-1.5403(b)(1)(1), A8C Corp. informs the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.
The work for others clause of I20-1.5405-1(c) we@f preclude ABC Corp. from accepting work during the ters of the NRC contract watch could create a conflict of interest.
t (d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such confilets prior tc 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 involved, or that a contract is awarded on a competitive or a sole source basis.
I20-1.5404 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 conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in te resulting contract.
This representation requirement i
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.
a 6-
o 7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of sqy knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR's20-1.5403(b)(1).
(c)
Instructions 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 120-1.5403(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 contractinti officer determines that organizational conflicts exist, the follow' ng actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts. (ii) disqualify the offeror, or (iii) detemina that it is othentise in the best interest of the United States to seek award of the contract under the waiver provisions of I20-1.5411.
(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 's20-1.5404(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 tem'nated.
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 conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror l
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 unacceptable.
l (e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be -pemitted to correct the omission.
I 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause
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o l
j l
7590-01 All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
(a) Purpose.
The primary purpose of this clause is to aid in ensuring. that the contractor:
(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or 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 perfonnance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR I 20-1.5402(f.) in the actitities covered by this clause.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfonned under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and mpicyees. designated as key personnel, if any, under this contract abide by the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fins or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizaticinal conflicts of interest, as defined in 41 CFR 120-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an innediate and full disclosure in writing to the contracting officer.
i This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, tenninate the contract for convenience if it deems such termination 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 contractor agrees not to: (1) Use such information for any private purpose until the information has been released to tha public; (ii) compete for work for the Connission based
-H-
. _ _ _ - _ _ = - - _.
7590-01 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 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 purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 820-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The termt " contract," " contractor," and
" contracting officer " shall be appropriately modified to preserve the government's rights.
(g)
Remedies. For breach of any of the.above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad 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 i
directed in writing through the contracting officer to the Executive i
Director for Operations (EDO) in accordance with the procedures outlined in 120-1.5411.
I s20-1.5405-2 Special contract provisions.
(a)
If it is determined from the nature of the proposed contract that organizational conflicts of in.'.erest exist, the contracting officer may determine that such conflict car. be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through th.e use of an appropriate special contract provisicn.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:..
7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of i
production contracts following a related nonproduction contract previously performed by the contractor; (2)
Software exclusion clauses; (3)
Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4). Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (1) in the clause set forth ins 20-1.5405-1 when it is detemined 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 perfom any technical consulting or management support services work or evaluation activities under this contract on any of.its products or services-or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
l (2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor I
shall be ineligible to perfom or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3) Nothing in this paragraph shall preclude the contractor from offering or selling its standare commercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of f 20-1.5404(b)
I and other relevant infomation. After evaluating this information agains't the criteria of f 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has oten determined that conflicts of interest exist, then tne contracting officer shall eitner:
(a) i Disqualify tne offeror frem award,
-10
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 xerminate 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 520-1.5411. 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 520-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 5 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
I 20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director
~
and the 0ffice of Executive Legal Director.
Upon the recommendation of the contracting officer, and af ter consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be
?
employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval documents shall be placed in the Public Document Room..
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\\
7590-01 520-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section.- the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinaten. D.cthis 27th day of, March 1979.
For the Nuclear Regulatory Comission b
CCh<JN b A e
Samuel
. Chilk Secretary of the Comission e
e 0
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x
... _ =.
1.
- -. ~'~~ t- -
ATTACHIENT 3 Nosember 7, 1984 0FFICI 0F RiSOURCf M*t;AG!Mihi DIV1510h 0F AD10KAl[D INIORMA110N SLR)!CES REQUIREMENTS FOR USE OF MICROCOMPUTERS BY NRC C0hlRA These requirements cover the use of microcomputers by NRC contractors to produce machine-readal.le contract deliverables.
etc. ) will be usable on f.RC equip;.ent.is to cssure that such del All deliverables intended for use on NRC microcomputers shoulo meet the following criteria:
1.
All disiettes should bc capible of use or, ar. IBM PC using one of the softwart packager sopported by the NRC Division of Automated Information Services (see attachttent).
2.
In particular, documer.ts (e.g., reports) should be produced with IBM DisplayWrite 2 word processing sof tware.
This will allow them to be used both on NRC microconputers and woro processing equipment'.
3.
Failing criteria 1 or 2 above, data or text should be produced as ASCII files in standard IBM PC diskette format.
Questions concerr.ing the above requirements should be addressed to the ITS Support Center, (301) 492-4160 (FT5 492-4160).
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ATTACHM[N1 Microtteputer sof tware support by the NRC Division of Autteated Infortnation Services:
Operating System:
PC DOS Progr r:vning lang' eges: IBM BASIC and IBM FORlRAN ?.0 o
Data Base:
dBASE III sp edsheet:
LOTUS.1-2-3 Graphics:
ChAklMA51ER and SIGNMA51ER Prcject Mar, age; ent:
PEPIMASTEP Word Trocessing:
DISPLAYWRITE 2 Core.unications:
CROSSTALK XVI (asynchronous DISPLAYCOMM (bisynchronous))
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9 e.-
ATTACHMENT 4
)
(REVISED - 6/84)
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.
l Fom.
Claims shall be submitted on the Form DC-3 " Voucher for Purchase and Services Other Than Personal."
These foms 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 contract 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 nomally used by the contractor in maintaining his accounting records; payments will be made in that currency.
However, the*U. S. dollar eq iivalent for all invoices paid under the contract may not exceed the tetal U. S. dollars authorized in the contract.
i Supersession.
These instructions supersede all previous billing instructions.
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,-,--.--..- - - - - - ~ - -.
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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.
Payor's Name and Address.
(1) Address the original voucher (with 2 copies) to:
U.S. Nuclear Regulatory Commission. Division of Accounting and Finance, Office of Resource Management, ATTN:
GOV /COM Accounts Section, Washington, D.C.
20555.
Any questions regarding vouchers yet~ to be paid by the NRC should be addressed to Division of Accounting (301-492-7535). 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 addressee has been designated, then insert the name and address of the payee.
Indicate the individua'l responsible for answering any questions NRC may have reoarding 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 l
beginning with 001 for this contract.
Contractors may also include individual internal accounting numbers in addition to the three digit n umber.
(d) Date of Voucher - Insert the date the voucher is prepared.
(e) Contract Amount - Insert the total estimated cost of the contract, exclusive of fixed-fee.
(f) Fixed Fee - 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.
4 _
i
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(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:
Labor Labor Hours Category Negotiated Hours Billed Rate Total Hours Billed Cumulative (2)
Fringe Benefits - This represents fringe benefits applicable to direct labor and billed as a direct cost.
indicate the rate. Frin Where a rate is used, not be identified here. ge benefits included in direct labor should (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-institutions list each item costinFor contractors other than educational expectancy of more than one year. g $200 or more, and having a life for which reimbursement is re List only those items of equipment the following (as applicable) quested.(1) the item number for the s A reference shall be made to 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 approval level.
itemization of vouchers shall only be required for items having Further specific limitations set forth in the contract.
(4) Materials, Supplies, and Other Expendable Items
- These are a
consumable materials and supplies and equipment other than that described in (3) above.
(5)
Premium Pay - This is remuneration in excess of the basic hourly rate.
(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 apper?d 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 infonnation for each trip taken.
s L
1 All costs associated with each trip must 60 shown in the following format:
(Unless the organization's travel pelicy has been negotiated and approved by NRC) gg Traveler Destina tion
_ Purpose Cost From H From To o
1 Airfare 2
Rental Car 3
Local Travel 4
Per Diem Days 9
=
5 Meals:
Date Breakfast Lunch Dinner If not included in Per Dieu.
6.
Tips, Misc.
(Itemize if more than 510,00)
(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.
(1)
Indirect Costs--Overhead - Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimbursement is claimed, i
(j) l Fixed-Fee - If the contract provides for a fixed-fee, it must be claimed as provided for by the contract. Cite the formula or method of computation.
I Contractor may bill for fixed fee only up to 85% of total fee.
(k) knount Billed for Current Period - Insert the amount billed for the major cost elements, adjustment, and adjusted amounts for the period. - -
(1)
Cumulative Amount from Inception to Date of this Billing - Insert the cumulative amounts billed for the major cost elements and adjusted amounts claimed during this contract.
(m)
Total Amounts Claimed - Insert the total amounts claimed for the current and cumulative periods.
(n)
Adjustments - This includes. amounts conceded by the contractor, outstand-ing suspensions, and disapprovals subject to appeal.
(o)
Grand Totals I
4-
l WOCHERS FOR PURCilASLS AND SLRVICES OTHER litAN PERSONAL SAMPLE VOUCHER Payor's Name and Address The U.S. Nuclear Regulatory Consnission (a) Contract Number ~ NRC-10-81-624 Olvision of Accounting and Finance (b) Title of Project " Study of Nuclear Waste Office of Resource Management Concepts" Attention: GOV /COM Accts Section Washington, D.C.
20555 l
Payee's Name and Address (c) Voucher Number 003 ABC WRPORATION The National Bank (d) Date Voucher Pr:epared 10/18/82 l 100 Main Street or Anywhere. U.S.A..
Anywhere. U.S.A.
Assignee for ABC CORP.
(e) Total Estimated Cost of Contract Anywhere U.S.A.
5350.000.00 (When Payments Assigned) (f) Total Fixed-Fee Indiividual to Contract Regarding This Voucher:
517.500.00
,Name:
Harry Murphy
'Tel. No.: 215-321-8654 l(g) This voucher represents reimburseable costs from 3/1/82 thru 3/30/82 Amount Billed l(h) Direct Costs (1) Direct Labor *
$2,400
$6.800 (2) Fringe Benefits P 16.5 '
l (if computed as percentage) 600 1.200 t
(3) Direct
~
Equipment
- 5.000 8.000 (4) t1aterials. Supplies and Other Expendable Items
- 2.000 4.000 (5) Premium Pa_v 100 150 (6) Consultants
- 100 100 (7) Travel - Dumestic
- 200 200 l
Foreion *
(8) Subcontract
- 200 200 (9) Other Costs
- 3.000 9.000 l (1) INDIRECT COSTS s
A) Overhead-~100 L of Total Direct Cests (Indicate Base) 513.600
$29.650 Subtotal S27.200
$59.300 l
B) General A Administrative Expense 3.264
.p.4 !,o l
12 L of Cost Elements Nos.1-9. A Total Costs
$30.464
$65.750 t
(j) FIXED-FEE EARNED (Formula) 1,523 3.400 (m) Total Anounts Claimed
$31.987
$69.1$o l
(n) Adjustncnts l
Outstanding Suspensions
- 1.700 1.700 l
(o) Grand Totale,
$30.7117 E 7,4?,o (RI'XilRES SUI'r0R11NG INf 0Rt1ATION.)
l (SEE A1TACliED.)
~
l DC-3
- '/ft' (
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. - - - +
- SAMPLE, SUPPORTING INFORMATION
- 1) Direct Labor - $2400 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 T2T66
- 3) Direct Equipment Spectrometer - General Electric (as approved in Property Schedule) $5,000
- 4) Materials, Supplies 1 Other Expendable Items 10 Radon Tubes 9 $110.00
$1100.00
=
6 Pairs Electrostatic Cloves 9 $150.00
$900.00
=
N
- 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 />,9 $10.00 Per Hour = $100 (This was approved by NRC in letter dated 3/6/82.)
,6) Consultants' Fee Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 9 $100
= $100
- 7) Travel Date Traveler Destination Purpose Costs o
From From To,o 3/1/82 3/6/82 William King Chicago Wash.,
Meeting with
- 1) Airfare $80.00 Il DC Project
- 2) Rental Car $15.00 Officer
- 4) Per Diem - 2 Days 9 $50.00 = $100.00
- 6) Tips, Misc. $5.00-TOTAL: $200 e
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- 8) Subcontracts XYZ CORP.
(CPFF)
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
=
Travel - 2 Trips - Wash., DC 9 $200
$400.00
=
to Boston, MA Profit 9 7%
$200.00
=
TOTAL:
53000.00 (j) Fixed-Fee (Formula)
(5%)
$350,000 X 5% = $17,500 Total Fixed Fee for this Contract
$27,200 X 5% = $1360 fee Billed for this Period (n) Adjustments
$1700 - Indicates amount withheld from voucher #001, now approved by Contracting Officer letter 3/10/82.
4 6
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ATTACHMENT 5 Cr000 U S D[rAttlfGENT OF L Al! Oft EMPi.OYMI NT ST ANDARDS ADMINt*,T R AT!ON fan 1 of 3 ysAGt AND HOUR OtV15 TON WAssisNGTON.D.C. 20210 State' Maryland
'M REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTitACT ACT
^'es:
Anna Arundel (003). Baltteoro (005),
'OC#"
py duection of the secretarv of t sho' Carro11 (013), 'larford (025), etd 6
Howard (027) Counties; and the l
Independesit City of Baltimore (007)
W. M. Otter Ad'oisdeeretse we,e decennensesen nwneers 30 33 (n v,. 7) potes 1_4-es Frings honefit payestent Class of service eagleyse he#4 Haasth &
Vac h W
P N
wage Westers l
6 1
i
- 1. Secretary V
$9.77 e
- 2. Secretary IV R.70
""g
- 3. Secretary 111 8.38
- 4. Secretary 11 7.96
- 5. Secretary 1 7.I1
- 6. Stenographer 11 0.24
- 7. Stenographer 1 8.24
- 8. Transcriliing-senschine typtet 7.34
- 9. Typist 11 7.12 i
- 10. Typi s t 1 5.91 1
q'
- 11. File clerk III 7.36 8
- 12. File clerk 11 5.50
- 13. Flie clerk 1 5.37
- 14. Messenner 3
.[
5.85
- 15. %1tchboard operator 6.51
- 16. Suitchisoard operator.receptiontet 6.38
- 17. Order clerk 11 6.97
~
- 18. Order clerk I 5.87
- 19. Acccunting clerk IV 9.43
- 20. Accounting clerk III 6.95
- 21. Accountinn clerk 11 5.90
- 22. Accounting clerk 1 I 5,29 1
- 23. Payroll clerk 8,49
- 24. rey ent ry operator 11 e;
n,n4 i
- 75. Key entry operator 1
.g 6.*6 6 1
8
US.DiPARTM[NT OF LADO3 EMPLOYMENT ST ANDAltDS ADMINIST RATION Page 2 of 3 i.
WAGE AND HOUR DIVISION r=
WASHINGTON,D.C. 20210 States Harylind
$g HEGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT A'*e:
Anne Arundel (003), Baltimore (005),
s By detection of the Secretary of Latio, LOCALITY Carroll (013), !!arford (025), and l
Ilouard (027) Counties; and the l,
j Independent City of Baltimore (007) i W. M. Otter Admilateereese ii wege munnensuen nen be" 80-33 famw 71 D*"'.1 8 5,,,
Falage benefit paysments Class of service empseyes heurty Health &
y OWuer.
<I wage westere l.
- 26. Computer programmer III
$14.50 3
- 27. Computer prograsimer 11 11.68
- 28. Cominter prograr.imer I 9.56 I
29 Computer operator III 10.3H l
- 30. Computer operator II 8.51 j
- 31. Coi,rinter op *rator I 7.40
- 32. Peripheral equipment operater 7.72
- I
- 33. Computer date librarian 7.53 I
- 34. Prefter V 12.76
- 35. Dra f ter IV 9.92 3
l
- 36. Dra f ter III 8.R0
- 37. Dra f ter 11 4
7.82 38 Dra f ter 1 6.59
- 39. Technician 111 13.54
.I j
- 40. Technician 11 11.06
- 41. Technician I 9.79
- 42. Registered nurse 11.94 j*
- 43. Camera operator (microfilm /microftehe) 5.50
- *I.
- 44. Document properation clerk (microfilm /sierofiche) 5.37
.N*
4 5. Worti processor II 7.39
)
46.Worel procensor I 6.47-6 I
G 1
1
T U.S. DEPARTMENT OF tA90R EMPLOYMENT STANDARD 5 ADMINISTRATION WAGE AND HOUR DIVISION Fogg J ef 3 WA$HINGTON.D.C. 2021e REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT A'een Anne Arundel (003), Baltimore (005),
ey eiews.o.. or ine secretwv of Le LoCALeiv Carrell (013). Herford (025), and Moneerd (027) Counties; and the Independent City of Baltimore (007)
C.e4.Oter Adminiseresse wage detennensesen emmeere 30 33 (Rev. 7)
Dete 1-4-85 Fripes luenefit peyneents Cfses of service employee tiewdY H, asth &
VaceHen HsNesy Outer wage w.e r,.
Fringe benefits applicable to clasess of servlee employees engaged in contract performances y
2/
3/
y 3.32 an hour or $12.30 a week or $55.46 a month.
y 2 weeks p.iid vacation after 1 year of service with a contracto; or successor; 3 weeks after 8 years; and 4 weeks after 15 years.
T.ength o f service i ncludes the whole span of continuous. serv with the present (successor) contractor, wherever employed, and with predecessor contractoi;a in performance of similar. work at the spme Federal f See l
3/ 10 peld holidays per years None Year,e Day, Washington *e%acili ty 9 CPR 4 l y, Homerla{ 3. )
rthday.
Fri day, ledependence
~
Day,1. abor Day, Colunhue Day, Veterans' Day Thankesiving Day, and Qiristano Day. (A contracter emy sub.
~
stitute for any of the named holidays anothec day off with pay in accordseee with a pies esemunicated to i
the employees involved.)
NOTE: The term " service employeef' does not include any employee who qualifies as se esecutive,,adelaistrative, or profeestonal soployee se these terne are identified in Regulatione, Part 541, tesued under the rate Labor Standards Act. (See 29 CFR 4.156.)
MNEs 'Any class of service employee required in the perforsmance of the contract but not listed above shall
~~
be classified by the contractor ao as to provide a reasonable relationship between such classes and those listed abuve, and shall be paid such nonetary wages.ae are determined by agreement (evidenced.
in writing) of the irsterected parties, who ad s
- i be deemed to ha the contracting agency the contractate..
and the employeer v~co v1.11 perforui en the co stsec.t. er their representatives.
In the absence of an agreement the quept,*.ory.of proper conferimable wage rates is to be culm61tted to the Departament of taber,1',
by the cost touting ag'licar 'or a final determlnetien.
(see section 4,4(h) of Regulations, 29 CFR Part del j s
.