ML20154A006
| ML20154A006 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1998 |
| From: | Afable S, Mearse S NRC OFFICE OF ADMINISTRATION (ADM), SCIENTECH, INC. |
| To: | |
| References | |
| CON-FIN-J-8245, CON-NRC-26-98-266 NUDOCS 9810020145 | |
| Download: ML20154A006 (18) | |
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- 2. CONTRACT NO.
I.D. N2. AE0982661 7g j
- 3. AWARD /EMCTIVE DATE
- 4. ORDEA NUGASER
{
NRC 26-96-266
- 4. SOUCITATION NUMBE3 09-30-1998
- 6. SOUCITATION ISSUE DATE~
RS-AED 98-266
- 7. FOfL SOUCITATION a.NAME INFOflMATION CALL:
- b. TEL& PHONE NUMBER (No Comect Cans:
8 OMR DUE DATE/ LOCAL l
- s. ISSUE) sy TiuE l
1o THis ACOutSITIONIS Coot
'g
- 11. DEUVERY FUR F08
- 12. DISCOUNT TERMS
, [ UNRESTR4CTED DESTINATION UNLESS i
BLOCK 13 MARKED
)
U.S. Nuclear Regulatory CORuniSSIOn C' SET A$m OSEE SCaEouLE DiVieiOn Of Contracts and PrOparty Mgt.
o s FoR w/A Attn: T-7 I 2 C SMALL 00$ NESS wS CONTRACT iS A RATEo ORDER ONDER e
Contract Management Branch DPAS O4 CFR 7000 l
Washington DC 20555 O SM^Lt olS^ov. auS-ESS is..
T.O O.~
N/A
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SIC:
7372
- 14. METHfC OF SOUCrTAflON is. OEuvER TD
$szt STANDARD: 518.0M OaFo O'F.
O aFP i
CoOE [
ts. ADMINISTRERED BY U.S. Nuclear Regulatory COResilS$lon j
CODE Technical Training Center Attn T. Larry Bell i
5746 Martin ROed, Suite 200 ChattanOOge TN 37411
)
)
t re. CONTuCTORcPmROR CODE l l
FACiuTY CODE l isa. PAYMENT WILL M MADE SY l
CODE U.S. Nuclear Regulatory Commission Scientech, Inc.
OfflCe Of the Chief FinanClel offlCer Attn: Shirley Afable Attn: GOV /COM ACCtng. SectfOn T-9H4 910 CLOpper Road Gaither$ burg MD 20878 Washington DC 20555 ELEPHONE NO.
tlint g MR. gig
] 17D. CHECK IF REMITTANCE IS DIFFERENT AND PVT SUCH ADDRESS IN OFFER Isb.
""'"Y INVOeCES TO ADDRESS SHOwn# M BLOCK 184 UNLESS SLOC hSEE ADDENDUM 10.
l 20.
ITEM NO.
SCHEDUL2 C4 SUPPUES/ SERVICES 21.
22.
23, a
24.
1 OUANTITY UNIT UNIT PRICE AMOUNT The NRC hereby accepts Scientech, Inc's technical proposal dated June 12, 1998 as amended by their September 17, 1998, "Best and Final Offer",which are both,
hereby incorporated by reference and made a part of this contract.
. ACCOUNTMO AND APPROPRIATION DATA aa2-15 22 20 30
.is245 soc: 3140 31x0200.882
- 28. TOTAL AWARD AMOUNT (For Oovt. Use Onlyt OBLIGATE: $31,200.00
) 27s. SOUCf7AT10N INCORPORATES SY REFERENCE FAR 82.2121,52,212 4. FAR 82.212 3 ANO $2.212-5 AM ATTACHE S31,200.00
) 276. CONTRACT / PURCHASE ORDER INCOnPORATES BY fEFERENCE FAR 82.2124. FAR 82.212 EM ARE NOT ATTACHEO.
O aiENOTATTACHED ARE CONTMCTOR IS MOUIMD TO esON THr$ DOCUMENT ANO BETulet 3 COPtES
) TO 10AMMS OFFICE. CONTRACTOR AOMES TO FURNIGH ANO DEUVFR ALL ITEMS SET
- 29. AWAfD OF CONTRACT: MPERENCE.
DATED OFFER PORTH OR OftestWest IDesmPIED ASOVE AND ON Apff ADOfTIONAL SHEETS SUBJECT TO
. YOUR OFFER ON SOUCITATION (SLOCK TM T91585 AfG CONDITIONS SPECIFIED HEMIN.
SL INCLUDINO ANY ADDITIONS OR CHANOES WHICH ARE SET FORTH i
HEREIN IS ACCEPTED AS 70 fTEMS:
t.
TUIb Orm MCT s
31a. UNITf4 Aft 3 OF AMERICA (SI4jItA' TUPW OFsiminACTINO OFFICERI
&wf l
A
/
. s.
Tm.E OF== !
OA i
30c, TEyNED itb. hAME OF CONTRACTM MCER (TYn OR PRINT)
MS
[yy y
(f cl 't 4 Sharon D. Meer$e 31c.DA 'S40NEp 6 OUANTITy se m Imand 21 HAS BEEN j
- 33. Sher NUMSER
- 34. VOUCHER NUMSER
- 35. AMOUNT VERrFIED OW8SPECTED ACCEPTED AND CONFORMS TO THE CORMCT FOR OCONTRACT, EXCEPT AS NOTED fECEfvED pggnat ymAg
- 30. PAYMENT
, asONATUM OF AUTHOft2ED OOVT. MPUESEeriATTVE
- 37. CHECK NUMSER 32c.DATE COMKETE PAlmAL O fin ^'
St. SIR ACCOUNT NUM9ER
- 39. S/R VOUCHER NUMBER
- 40. PAfD BY D1^:103 oir 42a RECIEVED BY GPnnt) m I CsMwY THis ACCouMT es COR=CT AND PRO =R FOR PAYMENT
['
. StOseATUIE AND TVTLE OF CERTirYINO prrmtR p.
4 tc. DATE 42b. RECEIVEO AT Rheatons h
9810020145 980930 PDR CONTR
- 2*
^"C*'""*"
***"'"'"5 NRC-26-90-266 PDR HORizao FOR LOCAL MPMOouCnON STANDARD FORM 1449 (10 95 Preecebed by OsA. FAR 644 CFM) 63.212
TABLE OF CONTENTS PAGE PART I - THE SCHEDULE.
1 SECTION A - SOLICITATION / CONT ACT FORM 1
SF 1449 SOLICITATION / CONTRACT / ORDER FOR COMMERCIAL ITEMS 1
SECTION B - CONTINUATION BLOCK.
3 l
B.1 PROJECT TITLE 3
i B.2 BRIEF DESCRIPTION OF WORK (POUR 1987).
3 B.3 SCHEDULE OF SUPPLIES AND SERVICES / PRICES.
3 B.4 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE (JUN 1998) 4 B.5 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT.
5 i
B.6 STATEMENT OF WORK.
6 B.
6.1 BACKGROUND
6 B.6.2 SCOPE OF WORK.
6 SECTION C - CONTRACT CLAUSES 9
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 9 l
C.2 52.212-4 CONTRACT TERMS AND CONDITIGdS--COMMERCIAL ITEMS 9
(APR 1998)
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO 12 IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 1998)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT 15 (f001 1989)
C.5 Year 2000 Warranty--Commercial Supply Items.
15 C.6 ELECTRONIC PAYMENT.
16 SECTION D - CONTRACT DOCUMENTS, EXNIBITS, OR ATTACHMENTS 18 l
NRC-26-98-266 Section B SECTION B - CONTINUATION BLOCK B.1 PROJECT TITLE Tha tilte of this project is as follows:
A Real Time Plant Risk Software Package And Associated Training B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
Thn Con:ractor shall provide the latest revisions of a real time plcnt risk software package and associated deliverables as described h3 rein for use by the NRC in training and regulatory activities as darcribed in the Background section of this contract.
For the purpose of this procurement, real time may be interpreted as the completion of the solution algorithm within five minutes after the required entries are made.
B.3 SCHEDULE OF SUPPLIES AND SERVICES / PRICES BASE YEAR CLIN DESCRIPTION QTY UNIT UNIT AMOUNT PRICE 001 REAL TIME PLANT RISK SOFTWARE PACKAGE consisting of:
- Safety Monitor Executable Code
- WinNUPRA Executable Code
- NURELMCS Executable Code (includes RELMCS Fault Tree Solution Algorithm Executable Code)
- PSIMEX Executable Code (includes PSIMEX Fault Tree Solution Algorithm Executable Code)
User Fee 1
EA.
$20,000.00
$20,000.00 002 40-Hour Software Training Session 1
EA.
$10,000.00
$10,000.00 003 Travel to NRC Headquarters for NOT TO EXCEED Training Session under CLIN 002 made on a cost-reimbursable basis 1,200.00 Page 3 of 18
NRC-26-98-266 Ssction B TOTAL BASE YEAR PRICE
$31,200.00 OPTION YEAR ONE 004 Software Maintenance and Upgrade 1
EA.
$50,000.00
$50,000.00 TOTAL OPTION YEAR ONE PRICE
$50,000.00 OPTION YEAR TWO 005 Software Maintenance and Upgrade 1
EA.
$50,000.00
$50,000.00 TOTAL OPTION YEAR TWO PRICE
$50,000.00 OPTION YEAR THREE 006 Software Maintenance and Upgrade 1
EA.
$50,000.00
$50,000.00 TOTAL OPTION YEAR THREE PRICE
$50,000.00-OPTION YEAR FOUR 007 Software Maintenance and Upgrade 1
EA.
$50,000.00
$50,000.00 TOTAL OPTION YEAR FOUR PRICE
$50,000.00 B.4 CONSIDERATION AND OBLIGATION--FIRN FIXED PRICE (JUN 1998)
The firm fixed price of this contract is $30,000.00 M11ch is hereby obligated.
OPTION YEAR ONE The firm fixed price of Option Year One is $50,000.00.
OPTION YEAR TWO The firm fixed price of Option Year Two is $50,000.00.
OPTION YEAR THREE The firm fixed price of Option Year Three is $50,000.00.
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OPTION YEAR FOUR
.The firm fixed price of Option Year Four is $50,000.00.
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NRC-26-98-266 Section B B.5 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (c)
The total estimated ~ cost to the Governnient for travel cost's (CLIN 003 under Subsection B.3, Base Year) associated with CLIN 002 under Subsection B.3, Base Year, shall not exceed $1,200.00.
(b)
The amount obligated by the GovernNent' with respect to this
~
portion of the contract is $1,200.00.
(c)
The Contractor shall provide the NRC with supporting j
documentation (i.e., receipts) to substantiate the nature of any costs billed for travel, e
e h
i Page 5 of 18
NRC-26-98-266 Section B B.6 STATEMENT OF WORK B.
6.1 BACKGROUND
The U.
S. Nuclear Regulatory Commission e.(USNRC) has provided training in probabilistic risk assessment (PRA) through contracts with National Laboratories since 1981.
The NRC issued a PRA Policy Statement in 1995 which states "The use of PRA technology should be increased in all regulatory matters to the extent supported by the ctate-of-the-art..." The PRA Policy Statement, and its supporting implementation plan, has increased the need for PRA training of NRC Staff.
PRA results are obtained by the use of computer software used to colve large complex logic models.
Currently, NRC training courses provide the student with training in the System Analysis Programs for Hands-on Integrated Reliability Evaluations (SAPHIRE) suite of programs developed for the NRC by Idaho National Engineering and Environmental Laboratories (INEEL).
While training on the SAPHIRE suite is valuable, the U.S.
nuclear industry does not widely use this software package to solve for PRA results.
In addition, utilities have software packages which have the capability of assessing "on-line" risk.
This provides the utility with a tool that can be used to evaluate the safety of maintenance activities as required by the Maintenance Rule (10 CFR 50.65).
NRC procurement of real time plant risk or safety monitor softwarc pnckages would add to PRA training by allowing simulation of utility r sponses into technical specification limiting conditions for operation during the simulator portions of Reactor Technology courses, provide insight to utility configuration management philosophy in the PRA Basics for Regulatory Applications and PRA for Tcchnical Managers course, and would demonstrate the.use of computational tools in the PRA Technology and Regulatory Parspectives course.
In addition to training activities, the NRC would also use the real time plant risk or safety monitor software to cross-check licensee calculations, perform independent calculations during maintenance rule inspections, and gain general experience in PRA related coftware widely used in the nuclear industry.
The NRC Technical Training Center has five full scope power plant simulators which are used in the training of NRC employees.
These cimulators are representative of nuclear power plants supplied by cnch of the nuclear steam supply system vendors in this country.
Due to time and budget constraints, generic plant models or plant models of similarly designed units would be used for training.
8,6.2 SCOPE OF WONC The Contractor shall provide the Latest revision of a real-time plant risk or safety monitor software package for use by NRC in Page 6 of 18
NRC-26-98-266 S ction B training & regulcto g activities. For the purpose of this procurement, "real time" may be interpreted as the completion of the i
colution algorithm within five minutes after the required entries are made. The software package shall be capable of running under the Windows 3.1, Windows 95, or Windows NT operating systems installed on 486 or better personal computers ~with the following software ccpabilities:
l a.
SOFTWARE CAPABILITIES:
1.
Event tree creation and editing capability 2.
Fault tree creation and editing capability 3.
The capability of the calculation of shutdown risk 4.
The capability of projecting plant risk during outages 5.
The capability of importing a significant number of plant-specific PRAs 6.
The ability to interface with the following codes: RISKMAN, CAFTA, and IRRAS, thus the software package should be " stand-alone."
b.
DELIVERABLES:
1.
SOFTWARE The Contractor shall deliver the software package on magnetic media or CD-Rom (s) that includes a li'brary of representative PRA input plant decks for each of the following Nuclear Steam Supply System (NSSS) vendors: ABB-CE, Babcock and Wilcox, General Electric (including BWR-4 and BWR-6 product lines), and Westinghous: 2, 3,
cnd 4-loop design.
The basic software package shall be delivered to NRC within 30 calendar days of award, i
The Contractor shall deliver the associated plant input deck Coftware on magnetic media or CD-Roms within 60 calendar days of
- c. ward.
2.
SOFTWARE DOCUMENTATION The contractor shall deliver all software documentation manuals within 30 calendar days of award.
3.
SOFTWARE LICENSE The Contractor shall deliver a license that (1) allows software installation on an unlimited number of agency computers and the cgency local area network at an unlimited number of agency locations and (2) grants the use of the software to agency contractors.
4.
MAINTENANCE AND UPDATES l
During Option Years 1-4, the Contractor shall provide a yearly i
roftware update and maintenance service for the software and its Page 7 of 18
NRC-26-98-266 Section B applicable subroutines which shall include all improvements and enhancements made to the software, all revisions to the associated documentation, and membership into the associated software users groups.
5.
SOFTWARE TRAINING The Contractor shall provide a 40-hour hands-on training session on the software package at USNRC's Headquarters office in Rockville, MD, for a maximum of ten (10) students, which covers the function, etructure, use & modification of the software.
The training session chall be held within 120 working days from award, on a mutually Egreed upon date made between the NRC Project Officer and The Contractor, provided that the Government (1) has taken acceptance of the complete software package in accordance with subsection C.2 -
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (APR 1998) of the contract, and (2) provides the Contractor with 2 weeks ndvance notice of this date.
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6
NRC-26-98-266 Section C
.SECTION C - CONTRACT CLAUSES C.1 52.252-2 CLAUSES INCORPORATED BY REFERENC (FEB 1998)
This contract incorporates one or more 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 cvailable.-Also, the full text of a clause may be accessed olectronically at this/these address (es) :
www.arnet. gov /far/
FAR NUMBER TITLE DATU N/A C.2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (APR 1998)
(a) Inspection / Acceptance. The Contractor shall only tender for ecceptance. hose items that conform to the requirements of this contract. The Government reserves the right to inspect or test any cupplies or services that have been tendered for acceptance. The Government may re@ ire repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee's rights to be paid cmounts due as a result of performance of this contract, may be cesigned to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U. S. C. 3727).
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d). Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any request for equitable cdjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under,the contract.
Page 9 of 18
NRC-26-98-266 Section C (e) Definitions. The clause at FAR 52.202-1, Definitions, is incor' orated herein by reference.
p (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, tires, floods, epidemics, quarantine restrictions, strikes, unusually 1
severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, cotting forth the full particulars in connection tharewith, shall rcmedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
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(g) Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address dssignated in tne contract to receive invoices. An invoice must include--
(1) Name and address of the Contractor; (2) Invoice date; (3) Contract number, contract line item number and, if applicable, the order number; i
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Shipping number and date of shipment including the bill of leding number and weight of shipment if shipped on Government bill of lading; (6) Terms of any prompt payment discount offered; (7) Name and address of official to whom payment is to be sent; cnd (8) Name, title, and phone number of person to be notified in event of defective invoice.
Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.
3903) and Office of Management and Budget (OMB)
Circular A-125, Prompt Payment. Contractors are encouraged to assign en identification number to each invoice.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably Page 10 of 18
NRC-26-98-266 Section C notified of such claims and proceedings.
Payment shall be made for items accept'ed by the (i) Payment.
Government that have been delivered to the delivery destinations set forth in this contract. Th'e Government will make payment in accordance with the Prompt Papent A?ct'431 U.S.C. 3903) and Office of Manager 7t and Budget (OMB) Circular A-125, Prompt Payment.
Payments.
ier this contract may be made by the Government either by chsck, c' muronic funds transfer, or the Automated Clearing House, at the opcion of the Government.
In connection with any discount offered for early payment, time chsll be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have l
been made on the date which appears on the payment check or the date on which an electronic funds transfer was made.
(j) Risk of loss. Unless the contract specifically provides l
otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the d2ctination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price' includes all applicable Federal, l
State, and local taxes and duties.
(1) Termination for the Government's convenience. The Government j
rarerves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to catse work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the contractor can demonstrate to the catisfaction of the Government using its standard record keeping i
Cyztem, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any c:ntract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the cvant of termination for cause, the Government shall not be liable l
l to the Contractor for any amount for supplies or services not Page 11 of 18
NRC-26 ~8-266 Section C accepted, and tne contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this ' contract for default, l
cuch termination shall be deemed a termination for convenience.
\\
(n) Title. Unless specified elsewhbre~in this contract, title to itcms furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express or implied warranty, the Centractor will not be liable to tha Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall complf with all epplicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Fcderal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C 327, et seq., Contract Work Hours and Safety Stcndards Act; 41 U.S.C.
51-58, Anti-Kickback Act of 1986; 41 U.S.C.
265 and 10 U.S.c.
2409 relating 'to whistle blower protections; 49 U.S.C 40118, Fly American; and 41 U.S.c. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies / services; (2) the Assignments, Dicputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) l th3 clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; l
(5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other l
documents, exhibits, and attachments; and (9) the specification.
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS l
(JUN 1998)
(a) The Contractor agrees to comply with the followinf. FAR clcuses, which are incorporated'in this contract by refarence, to l
implement provisions of law or Executive orders applicable to ccquisitions of commercial items:
i Page 12 of 18 i
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~ - - - -
NRC-26-98-266 Section C (1) 52.222-3, Convict Labor (E.O. 11755); and (2) 52.233-3, Protest Af ter Award (31 U.S.C 3553).
(b) The Contractor agrees to comply with the FAR clauses in this
-paragraph (b) which the contracting of ficer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial itsms or components:
(Contracting Officer shall check as appropriate.)
[:K]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Altsrnate I (41 U.S. C.
253g and 10 U.S.C. 2402).
[X]
(2) RESERVED.
[X]
(3) 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (15 U.S.C.
637 (d) (2) and (3));
[]
(4) 52.219-9, Small, Small Disadvantaged and Women-Owned
-Small Business Subcontracting Plan (15 U.S.C.
637 (d) (4) ) ;
[]
(5) 52.219-14, Limitation on Subcontracting (15 U. S. C.
637 (a) (14) ).
[:K)
(6) 52.222-26, Equal Opportunity (E.O. 11246).
[X]
(7) 52.222-35, Affirmative Action for Disabled Veterans and Vaterans of the Vietnam Era (38 U.S.C. 4212).
[X]
(8) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).
[:K]
(9) 52.222-37, Employment Reports on Disabled Veterans and Vsterans of the Vietnam Era (38 U.S.C. 4212).
[X]
(10) 52.225-3, Buy American Act--Supplies (41 U.S.C.
10).
[X]
(11) 52.225-9, Buy American Act--Trade Agreements Act--
Balance of Payments Program (41 U.S.C.
10, 19 U.S.C. 2501-2582).
[]
(13) 52.225-18, European Union Sanctions for End Products (E.O. 12849).
[]
(14) 52.225-19, European Union Sanctions for Services (E.O.
12849).
[]
(15) (i) 52.225-21, Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program (41 U.S.C 10, Pub. L. 103-187).
[.]
(15) (11) Alternate I of 52.225-21.
[]
(17) 52.239-1, Privacy or Security Safeguards (5 U.S.C.
Page 13 of 18
NRC-26-98-266 Section C 552a).-
~
[]
(16) 52.247-64, Preference'for Privately Owned U.S.-
Flag Commercial Vessels (4 6 U.S.C. 1241).
(c) TheContractoragreestocomply~withtheFARclausesinthis paragraph (c), applicable to commercial services, which the Contracting Office,r has indicated as being incorporated in this contract.by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or. components:
(Contracting Officer check as appropriate.)
[]
(1) 52.222-41, Service Contract Act of 1965, As amended (41
=U.S.C.
351, et seq.).
[]
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
(- ] -
(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts)
- (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).
[]
(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (29 U.S.C.
206 and 41 U.S.C.
351, et seq. ).
[]
(5) 52.222-47, SCA Minimum Wages and Fringe Benefits
.Jy)plicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement'(CBA) (41 U.S. C.
3 51, et seq. ).
(d) Comptroller General Examination of Record. The Contractor cgrees to : comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an
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authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The. contractor shall make available at its offices at all rcasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final psyment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination esttlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, Page 14 of 18
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NRC-26-98-266 Section C accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below be required by an addenda to this paragraph to establish the(and as may reasonableness of prices under Part 15,
commercial items or commercial componen)ts--in a subcontract for (1) 52.222-26, Equal Opportunity (E.O. 11246);
(2) 52.222-35, Veterans of the Vietnam EraAffirmative Action for Disabled Veterans and (3 8 U.S.C.
4212);
(3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C.
793); and (4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (4 6 U.S.C.
1241) cubcontracts awarded beginning May 1,(flow down not required for 1996).
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) notice to the Contractor within 60 days provided, that theThe Governmen Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, chall be considered to include this option provision.the extended contract (c) The total duration of this contract, including the exercise of cny options under this clause, shall not exceed 5 years.
52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT C.5 Year 2000 Warranty--Conseercial Supply Items The contractor warrants that each hardware, software, and firmware product delivered under this contract and listed below shall be able to accuratel calculating,y process date/ time data (including, but not limited to, comparing, and sequencin from, into and between the twentieth and twenty-first centuries,g)and the years, 1999 and 2000, Page 15 of 18
NRC-26-98-266 Section C and leap year calculations, to the extent that other information
. technology, when used in combination with the information technology bring acquired, properly exchange date/ time data with it, when used in accordance with the product documentation provided by the contractor. If the contract requires that the spcific listed products must perform as a system in~accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system.
The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of contractor's ctandard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contra g in such commercial warranty or waranties, the remedies nvailable to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance.
Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance.
Items: Safety Monitor Software Package, inclusive of assoc.
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C.6 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer.
It is the policy of the Nuclear Regulatory Commission to pny vendors by the Automated Clearing House (ACH) electronic funds transfer payment system.
The electronic system is known as Vendor Express.
Paymtnt shall be made in accordance with FAR 52.232-33, cntitled, " Mandatory Information for Electronic Funds Transfer Payment."
To receive payment, the Contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vcndor/ Miscellaneous Papent Enrollment form" found in Section D.
The Contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.
The Contractor shall discuss with the ACH Coordinator how the p2yment identification information (addendum record) will be passed to them once the payment is received by the financial institution.
To ensure that adequate payment information will be available to the Contractor, the contractor should inform the financial institution that the addendum record must not be stripped from the payment.
The ACH Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the office of the Controller at the following address:
Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor Express.
It is the responsibility of the Contractor to ensure that the financial institution returns the completed form to the above cited NRC address.
If the Contractor can provide the financial information, signature of the financial institution's ACH Coordinator is not required.
The NRC is under no obligation to send rcminders.
Only after the office of the Controller has processed Page 16 of 18
NRC-26-98-266 Section C thn contrcctor's-sign-up form will the Contractor be eligible to rsceive payments.
Once electronic. funds transfer is established for payments Cuthorized by NRC, the Contractor needs to submit an additional SF 3881 only to report changes to the ihformation supplied.
Qu2stions concerning ACH/ Vendor Express should be directed to the Finar.cial Operations staff at (301) 415-7520.
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NRC-26-98-266:
Saction D i
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS' g
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l-Attachment Number Title l'
Billing Instruction.3 - Fixed Price 2
Billing Instructions - Cost Reimbursement 3
ACH Mandatory Vendor / Miscellaneous Payment Enrollment Form 9
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