ML20154P998
| ML20154P998 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1988 |
| From: | Smith P, Swenson W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), SSR TECHNOLOGY |
| To: | |
| Shared Package | |
| ML20154P991 | List: |
| References | |
| CON-FIN-D-1889, CON-NRC-39-88-234 NUDOCS 8810030265 | |
| Download: ML20154P998 (56) | |
Text
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AWARD /rONTRACT
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- 10. SUBMIT INVOICES l'TL" 14 eerwe unaeu erner.
I COOE if ACtlITY COOE wue apren/wds TO THE 4 4. Seu' 70Na an F on ADDRESS SHOV/N IN:
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la,SAyutny witu et u Act ey U.S. Nuclear Regulatory Commission Attn: Xenneth Woodall, MS MNBB-8703, ARM /TB U.S. Nuclear Regulatory Commission JaeMinntoa. nr ?0555 ARM,' Division of Acetg & Finance, GOV /COM u.'A,ugoart y e aa usisco OvHa n,H A% o vet Aso oocu coupc6r uwehinntnn. nc ?OSEE te, Account mc, Ano AgyROPRIATeoN OATA B&R: 40-20-08-31 APPN: 31X0200.408 01c u s c zaoa'<>i 0 410 s c. :saica i
i FIN: 01889 OBLIGATED: $84,395.00 ISA 1 TEM NO I 1*8 SUPPLIES / SERVICES 15C. QU A N TIT Y 150 UNIT l 15E. UNIT PRICE i 15F. AMOUNT The Conthactor shall develop a system which w ill provide th<
notifica!tions to various individuals and other Federal agenc means to make multiple ies whe n an energency condition exists a t a licensed nuclear facility.in acccledance with th( Schedt le and the C'ontractor's orcoosa ' dated Marcn 23, 1985, as revised on May 2, 1988, which is incorporated herein by reference and rade a part hereof.
9810030265 000920 FIF M FIXEC PRICE TYPE CONTRACT hk-3[-[-234 PNV 15G. TOTAL AMOUNT OF CONTR ACT >'$84.395.00 til l$EC l
eA RT 4 - THE SCHECULE PART il-CONTR ACT CLAUSES
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A I SOLICITATION /CCNTR ACT FORu I l Xl t l CONTRACT CL AUSES l 8 I SUPPLIES OR SE F#VfCES ANO PRICES / COSTS 2
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C l DESCRIPTION / SPECS,*AORK STATEME NT PART fil - UST OF DOCUMENTS, E xHielTS AND OTHE R ATT ACH.
Xl J l UST OF ATTACHMENTS l 8 0 1 PACK AGING AND MA AKING l
PA R T tv - m EPR ESENT A TIOe45 ANO INST RUCTIONS E f INSPECTION AND ACCEPTANCE l
K REP AESENT ATIONS CERTIFICATIONS AND T'
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20A. N AML 06 CON T H AC T INu 06 8 IC L M, WALLACE J. SWEllSON, PRESIDENT Um. 8 Age. 9coeega Ac,on
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1.
Section B.1, entitled "Brief Description of Work," is completed as follows:
B.1 BRIEF DESCRIPTION OF WORK The contractor must develop a system which will provide the means to make multiple notifications to various individuals and other Federal agencies when an emergency condition exists at a licensed nuclear facility.
EQUIPMENT Quantity Unit Amount Cost of System with Simultaneous Transmission of Two Messages (to include shipping, installation, training, and a parts and ser-vices warranty for a one year period.
1 System
$84,395.00 OPTIONS *
- 1. Uninterruptible Power Suoply
$6,100.00 each
- 2. One-Year On-Call Maintenance (Monday through
$5,000.00 year Friday 8:00 a.m. - 5:00 p.m.)
- 3. System Expansion
-Additional Voice / Telephone Interfaces
$5,000.00 each
-3 Port Expansion
$3,500.00 each
- 4. Multi-channel Telephone Line Recorder (s)
-5 Channel Activity-Activated Telephone
$4,500.00 each Line Recorder
-3 Channel Activity-Activated Telephone
$5,595.00 each Line Recorder
- 5. Phone In Consultation
$50,00 hour0 days <br />0 hours <br />0 weeks <br />0 months <br />
- The exact number of items required under individual options will be specified to the contractor when an option is exercised.
Each individual option may be individually exercised at any time during the period of performance of this contract.
2.
Section B.2, entitled "Consideration and Obligation--Firm Fixed Price."
is completed as follows:
B.2 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE The firm fixed price of this contract is $84,395.00.
Payment will be made upon completion / delivery and acceptance of all required products / services.
4 s
3.
Section F.2, entitled "Duration of Contract Period " is completed as follows:
F.2 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE III (MAR Although the Government contemplates use of the system (s) (hardware and sof tware) for the system's life of 3 v2ars from date of installation, the duration of this contract is 60 days for installation and testing of the alert notification system plus an additional 12 months from the acceptance of the deliverable, which covers the warranty period.
4 Paragrapn a. of Section G.1, entitled "Project Officer Authority," is hereby completed as follows:
G.1 PROJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE II (MAR 1937)
The Contracting Officer's authorized representative hereinaf ter a.
referreo to as the Project Officer for this contract is:
Kenneth Woodall U.S. Nuclear Regulatory Commission Office of Administration and Resources Managenent Division of Computer and Telecommunications Services Teleccmmunications Branch Mail Stop: MNBB 8703 Wasnington, DC 20555 301/*92-8074 5.
Section G.2 entitled "Method of Payment," Section G.3 entitled "Paynent Oue Cate," Section G.4 entitled "Interest on Overdue Payments," and Section G.5 entitlec "Remittance Address" are deleted in their entirety and substitute in lieu thereof the following:
G.2 PRCMPT PAYMENT (52.232-25)(FEB 1988)
ALTERNATE II (FEB 1988)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments uncer the terms and conditions specified in this clause.
Payment snall be considered as being made oa the day a check is dated or an electronic funds transfer is mace. Definitions of pertinent terms are set forth in 32.902. All days referrad to in
- i'
'I luf e 're Calendar days unless otherwie.e speci fiec.
Ia) qvoice Payments I') for purcoses of this clause, "invoice payment" eans a 19< err-ant di sburscaent of onies to a Contractor under i contract er other authorization for supplies or services accepted by the C9varmaant. This includes ply ents for partial delivertes that hava heon accepted by the Govern ent and final cost or foo paymonts *nora 390Vnts owed have been settled between the Govarnmont and the Contractor.
(2) Except as indicated in subparagraph (a)(3) of this clause.
4 i
4 (1) The 30th day af ter the designated billing of fice has received a proper invoice from the Contractor.
(ii) The 30th day af ter Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective cate of the contract settlement.
(3) The due date on contracts for meat and meat food products, contracts for perishable agricultural commodities, and contracts not requiring submission of an invoice shall be as follows:
(1) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
- 32(3)) and further defined in Pub. L.98-181 to include poultry, peultry products, eggs, and egg products, will be as close as possible to, but not later than, the 7th day af ter product delivery.
(ii) The due date for perishable agricultural commodities, as definea in Secticn 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), util be as close as possible to, but not later than, the 10th day af ter product delivery, unless anotner date is sp(cified in the contract.
(iii) If the contract does not require submission of an invoice for :ayment (e.g., periodic lease payments), the due date will be as SDecified in the contract.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the cesignated billing officer specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(i) inr ugn (a)(a)(vill) of this clause. If the invoice does not comoly l
l itn inese recuirements, then the Contractor will be notified of tne l
- o'ect ithin 15 days af ter receipt of the invoice at the designated l
Ol.ing of fice (3 days for meat and meat food products and 5 days l
for :erisnable agricultural catmodities). Untimely notification wi'l ne ti er into account in the computation of any interest penalty cwec tne Contractor in the manner described in subparagreah (a)(6)
)
of this clause.
I j
(') Name anc address of the Contractor.
t ii) Invoice cate.
(!ti) Contract num er or otner authorization for supplies delivered or services perforned (including order number and contract lina item number). (iv) Description, quantity, unit of measure, unit price, and extenced price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and wei@ht of shipment will be shown for shi@ments on GovernmonS @ ills
O t
(vi) Name and address of Contractor of ficial to whom payment is to be sent (must be the same as that in the contract or_ in a proper notice of assig:; ment),
(vil) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment).
(5) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made within 15 days af ter the due date (3 days for meat and meat food roducts and 5 days for perishable agricultural commodities) and the following conditions are met, if applicable:
invoice was received by the designated billing office.(1) A proper (ii) A receiving report or other Government documentation authori:ing payment was proces<ed and there was no disagreement over quantity, cuality, or contractor compliance with any contract term
' or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor (cr supplies delivered or services performed, the amount was not subject to further contract settlement actions between tne Government and the Contractor.
(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1973 (41 U.S.C. 611) that is in af fect on the payment date, exce:t.here the interest penalty is prescribed by other governmental authority. This rate is referred to as tre "Renegettaticn Board Interest Rate," and it is publisted in the Fecerti Re;t ster semiannually on or about January 1 ard July 1. The interest :ena:ty shall accrue daily on the invoice payment amount approve: 0;. tne Government and be comoounded in 30-da: increments incluti,e '- 9 the first day af ter the due date throu;n the payment date.
- mas is interest accrueo at the end of any 30 day period will be acce:
- tne approved invoice payment amount and be subject to interest :enaities if not paid in the succeeding 30-day period.
If the des'gnated billing of fice failed to notify the contractor of a defecti.e invoice within the periocs prescribed in paragraph (a)(4) of inis claute, toen the due date on the corrected invoice will be adjus's: by svDtracting the numoer of days taken beyond the crescritec notification of defects period. Any interest penalty o-ec the Centract0c will be based on this adjusted due date. Adjustments
-ill be ace cy the designated cayment of fice for errors in calculating interest penalties, if requested by the Contractor.
(1) For the sole purpose of computing an interest penalty that might be due the Contractor, Govern =ent acceptance shall be dee ed to hava occurred constructively on the 5th working day af ter the Contractor celivered the suppl'es ce performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision, in the event that actual acceptance occurs within the constructive accernanmJW1M~ >JM
determination of an interest cenalty:(11) The following periods of tim (A) Ihe period taken tn ratify the Contractor of defects in invnices. submitted to the Government, but this may not exceea 15 days (
,merishable agrie.ultural commocities). days for meat anc meat food pr (B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue af ter the filing of a claim for such penalties under the Disputes clause or for more than 1 year.
Interest cenalties of less than $1.00 neeo not be said.
disagreement between the Government and Contractor amount or other issues involving contract compliance.or on amounts temporarily withheld or retained in accordance with the terms of th contract.
payable, nill be resolved in accordance with the Disputes claus e
e.
designatec payment office, without request from the contrac an imoroperly taken discount for
, if prompt payment was not corrected within 15 cays after the expiration of the discount period (3 d for meat and meat fooc products and 5 cays for perishableays as describec in paragraph (a)(6) of this clause on the amoun discount taken for the period beginning with the first day af ter th eno of the discount period through the date when the contractor is t
e paid.
(b) Contract Financing Payments (1) For Ourposes of this clause, "contract financing payment" means a Govern?ent disbursement of monies to a Contractor under a contract clause or other authoritation prior to acceptance of suoplies or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, percentage or stage of completion (32.102(e)(1)) other than thosePro i
made under tne clause at 52.232 5, Payments Under Fixed-Price l
Constructinn Contracts, or the clause at 52.232-10 Payments Under Flied-trice Architect-Engineer Contracts, ano interim payments on cost type contracts.
for payment shall be submitted to the designated billing office l
specified in this contract ce as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th designated billing office. Inday) day af ter receipt of a proper contract financing r
review of a specific financing request compliance with the terms and conditions of the contract,is required to e due date specified. designated payment office is not compelled to mak the (3) For advance rayments, loans, or other arrangements that co not involve recurrent submissions of contract financing requests payment snall be mace in accordance with the corresponding contract terms or as directeo by the Contracting Officer.
penalty for payment delays.(4) Contract financing payments shall not (c) Electronic Funes Transfer.
by cneck or electronic funds transfer (through the T Financial Ccmmunications System (TFCS) or the Automated Clearing House (ACH)), at the option of the Government. Af ter award later than 14 days before an invoice or contract financing request but no is submittec, the contractor shall designate a financial institution for receipt of electronic funds transfer payments. The Contractor shall submit Government Official, as directed.this designation to the Contracting Officer or o follcwing f nformation:(1) For :ayment through TFCS, the Contractor shall pro institution eceiving payment.(1) Name, address, anc telegraohic abbr of the financing institution rete 1ving payment if the instit has acccss to the Feceral Reserve Communications System funds are to :e transferred.(iii) Payee's acccunt number at the financial ins (iv) If the financial Feceral Reserve Communications System, name, address, andinstitut telegraphic abbreviation of the correspondent financial institution electronic funcs transfeethrough which the financial institution receiving paym abbreviation and A9erican Baniars Associationmessages. Provide the telegraohic the correscordent institutton.
identi fy ing number for (2) For pay ~ent following informatton:through ACH, the Contractor shall provida tne (1) Routing transit numbers of the financial Institution receiving paymant (same as American Bankers Association identifying number useo for fFCS).
(11) Number of account to which funds are to be decq11Md
--- m.
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(111) Type of depositor-account ("C" for checking, "S" for savings).
(iv) If tFo Contractor is a new enrn11ee to the ACH system, "Paymant a
informatinn Fnrn," TFS 3881, must be connleted before payment can ha processed.
(3) In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information i
specified above must be received by the appropriate Government i
of ficial 30 days prior to the date such change is to become effective, I
I (4) The cocuments furnishing the information required in this paragraph (c) ust be dated and contain the signature, title, and teleonone number of the Contractor official authorized te provide it, as well as the Contractor's name and contract number.
(5) Contractor failure to properly designate a financial institution er to provide appropriate payee bank account information may delay pay ents of amounts otherwise properly due.
(End of clause) 6.
Delete the folicwing clauses under Section I.1, entitled "Clauses Incorporated by
Reference:
52.215 2 APR 198?
AUDIT -- NEGOTIATION 52.215-22 APR 1934 PRICE REDUCTION FOR DEFECTIVE COST CR PRICING DATA 52.215-23 APR 1985 PRICE RE0VCTION FOR DEFECTIVE COST OR PRICING DATA -- M00!FICATIONS 52.~32-7 APR 1954 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS 52.243-3 AUG 1987 CHANGES -- TIME AND MATERIALS OR LABOR HOURS 52.244-3 APR 1985 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) 52.249-14 APR 1984 EXCUSABLE DELAYS Add t/c.'oilowing section uncer Section H, enticled 'Special Contract Requirements ii. I l OPi!ON FOR ACQUIS! TION OF EVALUATED OPTIONAL FEATURES N TIME OF AWARD OF CONTRACT (ADP REQUIREMENTS)
The Gc, err. ment may exercise the option to acquire the optional features stated el'swhere in this contrar.t at unit prices specified therein.
Officer.aay exercise this option by giving written notice to *.he Contractor at anyT time prior to the expiration dates set forth in the schedule.
delivery schedule set forth in the modification exercising the opt Delivery of the
7 i
Page 1 AMENDMEh! 0F SOLICITATION / MODIFICATION OF CONTRACT
- 1. CONTRACT ID CODE
- 2. AMENDMENT / MODIFICATION NO.
- 3. EFFECTIVE DATE One 3/11/88
- 4. REQUISITION / PURCHASE REQ. NO.
- 5. PROJECT NO. (If applicable)
RS-ARM-88-234
- 6. ISSUED BY
- 7. A0 MINISTERED BY (If other than Item 6)
Code:
Code:
All proposals should be addressed as indicated in Block 7. however, handcarried proposals (including Not Applicable Express Mail) must be delivered
- 8. NAME AND ADDRESS OF CONTRACTOR (No.,
9A. AMENDMENT OF SOLICITATION NO RS-ARM-88-234
- 98. DATED (See Item 11)
SSR TECHNOLOGY 2/18/88 P.0
,c3fn73))3, Sox 938 0 10A. M00. OF CONTRACT /0RDER NO.
3W2 108. DATED (See Item 13)
- 11. THIS ITEM ONLY APPLIES TO AMEN 0MENTS OF SOLICITATIONS (X) The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers (X) is extended, ( ) is not extended.
Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as a.nended by one of the following methods:
(a) By completing Items 8 and 15, and returning I copies of the amendment; (b)
By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers.
FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT lN REJECTION OF YOUR OFFER.
If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram o-letter, orovided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
- 12. ACCOUNTING AND APPROPRIATION DATA (If required)
EXCEPTION TO STANDARD FORM 30
Page 2 Solicitation No: RS N-88-234 Amendment No: One AMENOMENT OF SOLICITATION / MODIFICATION OF CONTRACT
- 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS /0RDERS. IT MODIFIES THE CONTRACT / ORDER NO. AS DESCRIBE 0 IN ITEM 14.
( ) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)
THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT / ORDER NO. IN ITEM 10A.
( ) B.THE ABOVE NUMBERED CONTRACT / ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data,etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
( ) C.Tt4IS SUPPLEMENTAL AGREEMENT IS PURSUANT TO AUTHORITY OF:
( ) 0.0THER (Specify type of thodification and authority)
E. IMPORTANT: Contractor ( ) is not, ( y) is required to sign this document and return two (2) copies to the issuing office.
- 14. DESCRIPTION OF AMENOMENT/ MODIFICATION (Organized by UCF section headings, including solicitation / contract subject matter where feasible).
The last line in the first paragraph of Item H under Section C.1.2 is revised as follows:
"The system shall incorporate a high resolution (at least 640x200 pixels) monitor."
See attached list of answers to questions received re: RFP.
Receipt of offers is extended to 3/28/88 at 2 00 PM.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.
15A NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING (Type or print) 0FFICEP. (Type or print)
S$c7;L3/wo g Ronald O. Thompson G,mee4 meurev Contracting Officer 158. CONTRACTOR / FFEROR 168.
O STATES AMERI A
_/h 6, uvaw 1Mblb
~-
(Signatur4 of person
(-Sr ' ture of fontract authorized to sign)
Officer) 16C.
DATE SIGNED 3-jfd 3[/fj'/rf 15C. DATE SIGNED EXCEPTION 10 STANDARD FORM 30
~
1 Page J Solicitation No: RS-A 88-234 Amendment No: One ANSWERS TO QUESTIONS UNDER RFP ARM-88-234 "ALERT NOTIFICATION SYSTEM" Q1.
What is the desired location'for the equipment?
A1.
Maryland National Bank Building 7735 Old Georgetown Road Bethesda, Maryland 20814 Q2.
Will alternative sites (i.e., contractor supplied facilities) be considered?
r Q2.
No.
Q3.
Will a spare system on-site be considered in lieu of 24-hour response fcr support, provided reasonable additional support is availabie in a timely fashion?
A3.
No.
t Q4. What is the desired implementation ti.ie-frame, including system tescing, acceptance, and training?
A4.
In Part VI of Section C.1.2, Scope of Work, it is stated that the delivery of the system is 60 days.
It is anticipated that a contractor have the equipment fully installed 60 days after award of the contract.
Testing and acceptance should also be done within that 60 day time-frame.
Part II of Section C.'. 2, Scope of Work states that training will be scheduled before or immediately af ter installation.
Q5.
A list of several large business concerns was included with i
the solicitation. Will deferenes be given to small business concerns?
AS.
No.
- 06. What is the average length of call? At an average of one minute per dial / answer / message / response cycle.
It would require four lines to deliver 80 messages in 20 minutes, 8 t
lines for a two-minute cycle?
l A6.
In Section C.1.2 K. Trunk Capacity it is stated that "The system will be capable of selecting, dialing and transmitting up to a 30 second message at the minimum aggregate speed of
[
80 calls in a 20 minute period." NRC will order sufficient lines to ensure calls are completed in the desired time-frame, j
r Q7.
Should expansion be addressed as part of the proposal?
A7.
Yes.
See Section C.1.2.E.
The system should be capable of completing a minimum of 80 calls with 20 minutes and be expandable to increase the number of people called and decrease the time to complete all calls.
i l
Solicitation No: RS-A 88-234 Amendment No: One Q8.
Do all the numbers (telephone) have to be in a single data file or can they be in a multiple data base?
A8.
This is something for the contractor to decide.
The contractor must keep in mind that as stated in C.I.2., Scope of Work,' General "The system must provide the means to contact groups of people.
The composition of the groups will be user specified and there can be as many groups as are needed and as many people in any given group as are needed.
The system shall be capable of using various call lists for different types of emergencies.
09.
Section C.1.2.I.B. - Clarify activation list as opposed to information list?
A9.
The activation list is a list of persons notified to respond to the incident.
The information list is a list of persons or agencies who would only be provided information about the incident.
Q10. Item H in Section C.1.2. states that the system shall incorporate a high resolution (at least 240x600) monitor.
Is this a typo?
A10. Yes.
It should read, "The system will incorporate a high resolution (at least 640x200 pixels) monitor."
Q11. Item H in Section C.1.2. states that the system will incorporate a data base management system with a feature "Access security available to the field level." Please clarify?
All. The system should provide, via password or other means, a capability that only authorized personnel can obtain access to the fields or menus which permit changing system variables or call lists.
Q12. Section C.I.2. Item I. Line Supervision - What is meant by terminate connection signal?
A12. It means, completed call disconnect.
Q13. In Section C.I.2, Item I. Line Supervision reference is made to construction of various call list for different types of emergencies.
Please clarify?
A13. The system should be capable of handling different sets of call itsts for various types of emergencies.
Refer to C.1.2.
General, first paragraph, third sentence.
Q14. What time period is allowed before voice detect fails?
Is it overall amount of time you want someone to talk or from initial pickup and time respondent say something?
A14. It is the time period from initial pickup until respondent speaks.
4 Page 1 SOLICITATICH, OFFER AND AWARD CM8 No. 0505-0005 1.TITLI:
Alert Notification System
- 2. CONTRACT NO.
- 3. $0LICITATICN NO.
- 4. TYPE OF $0 LICITATION R$-ARM-83-234 Negotiated (RFP)
- 5. DATE !$$UE0 6.
REQU15ITION/PURCHA$E NO.
February 18,1988
~
- 7. !$$UED BY
- 8. ADORES $ OFFER TO U.S. Nuclear Regulatery Cc mission All proposals should be addressed Oivisten of Contracts as indicated in Block 7 however, Mail Stes AR-2223 handcarriva proposals (including Express Mail) must be delivered Washingt:n, DC 20555 to the address in Block 9.
NOTE: In sealed bid solicitati ns, "offer and offero*" mean "bid and bideer".
SOLICITATION
- 3. $ealec Offers in original anc 5 copies for furnishing the supplies or services in the schecule will te received at the place specified in Item 7. or if hanc:arried, in the cecository located in Room 2223, Second Floor, 4550 Mentg:mery Avenue. Betnesca Md.
20814, until 2:00 P.M. local time on Maren 21, 1988. CAUT!CN-LATE Submissions. Modifications, and Withdrawals: See section '..
Provisten No. 52.214-7 :r 52.215-10. All offers are subject to all terms anc
- enciti:ns centainec in this s:lteitation.
- 10. FOR INFORMATICN CAL'.: A.
NAME: $haron 0. Mearse
- 3. TELEPHONE NO.: 301/492-4282 (No Collect Calls)
- 1. TABLE OF GCNTENTS PAR */$ECTICN CESCRIPTICN PART ! - THE SCHECULE i
A SOLICITATICN/CCNTRACT FORM 3
$UPPLIES CR SERVICES AND PRICES / Costs C
DESCRIPTICN/SPECIFICATICNS/ WORK $TATEMENT 0
PACKAGING AND KARKING E
INSPECT!CN AND ACCEPTANCE
~
CELIVERIES CR PERFORMANCE i
G CCNTRACT ACM!N!$TRAT!CN CATA H
$PECIAL CCNTRACT RECU!REMENTS PART !! - CCNTRACT CLAUSES 1
CCNTRACT CLAU$ES PART !!! - LIST OF DCCUNENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATICNS AND INSTRUCTIONS REPRESENTATICN5, CERT!FICATICNS AND OTHER STATEMENTS OF OFFERCR$
K L
INSTRUCTICNS, CCN0!T!CNS, AND NOTICES TO CFFERCR$
M EVALVATICN FACTOR $ FOR AWARO EXCEPT!CN TO $TANDARD FORM 33 STANDAR0 FORM 33(REV-a-85)
~
APPROVE 0 BY GSA/0!RM 6/85 FAR({8 CFR) 23. 214(C)
o u
e O
C PAGE :
SOLICITATICH, OFFER AND AVARD GFFER (Must be fully completec Oy ef feror)
NOTE:
Ites 12 does not apply if the solicitation incluces the rovisions at 52.214-16, Minimum Std Acceptance Perice.
- 12. In c:moltance with the aceve, the uncersignec agrees, if this of fer is acceptec within.3L calencar days (60 calencar cays unless a cifferent :ertec is inserted by the of feror) frem the date for receipt of of fers specifiec 4 Dove, to furnish any or all items upon which prices are offered at the c i s:ecif tec in the senecule. set c::: site each item, delivered at the designated point (s),
r ce
- 13. CISCCUMT FOR PRCNPT PAYMENT (See Section 1, Clause No.
10 Calendar days 20 Calencar days 30 Calencar ca: s Calencar cays 52.232-8)
~~~%
J J
- 14. ACKNC'eLECGENEST OF MENCHENTS (The of terer acknowiecges receipt of WG".50 c9mp-amene. ents to the SOLICITATICN for of ferers and relatec docume datec:
A.w!NCNENT NO CATE MENCHENT N0 CATE I
1/nfu
- 5^. u"i A.50 A00RE55 CF CFFERCR OUNS
- :ce: v/4 Facility:
- 16. NAME AND TITt.E OF PERSCN
@ ]f #h 9 Y AUTHORIZED TO SIGN OFF-"
u)4//4ee J. Su/euso
- <... % u.s
.0 734o2 (Ty;e or reint)
G g(,4g yp7,pg
- 53..;E.E7.-;NE NO. (!ncluce Area C ce) So9) 9M - G r c 7 15C. ( ) ;dEM IF REMITTANCE ACORE5515 DIFFERENT FRCM ASOVE--ENTER ACCRESS IN SCHECULE
'h/hh,
^
,w
's/;.//ff
/AVARD (To te completeo ey Government)
- 20. MOUNT
- 21. ACCCUNTING AND APPRCFR!AT:CN
- 22. AVir;RITY FOR USING OTHER TrAN FUt.t. AND CPEN CCMSETIT!CN
( ) :: U.S.C. 2304(c)( )
( ) 41 U.S.C. 253(c)( )
- 23. SUEM!T INVOICES TO AOCRESS SHC'nN IN ITEM 25:
(4 c::tes unless otherwise specified) 4 ACMINISTERED SY
(!f :ther than Item 7)
- 25. PAY. WEST WILL BE. WADE S r U.S. Nuclear Regulatory Ce miss1:n Division of Acc:unting anc Finan:e GOV /CCM Accounting Section Vashingt:n, OC 20555
- 27. UNITE 0 STATES CF A.MERICA 28. A='ARD CATE
($1gnature of Contracting Of ficer)
IMPCRTANT - Awarc will be mace on this form or on 5tancarc Form or by other authorttta official written notice.
EACEPTICN 10 STANDAR0 FORM 33
TABLE OF CONTENTS PAGE SOLICITATICN, OFFER AND AWARD....................
1 TAB LE O F CONT ENT S..........................
3 SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS..........
7 8.1 BRIEF DESCRIPTION OF WORK (MAR 1987)............
7 8.2 CCNSIDERATION AND 08 LIGATION--FIRM FIXE 0 PRICE.......
7 (MAR 1987)
SECTION C - DESCRIPTION / SPECIFICATION................
9
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)...............
9 SECTICN O - PACKAGING AND MARKING..................
15 0.1 PACKAGING AND MARKING (MAR 1987)..............
15 SECTICH E - INSPECTION AND ACCEPTANCE................
16 E.1 CLAUSES INCCRPORATED BY REFERENCE.............
16 (FAR 52.252-2) ( APR 1984)
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987).......
16 SECTICN F - CELIVERIES OR PERFORMANCE................
17 F.1 CLAUSES INCORPORATED BY REFERENCE.............
17 (FAR 52.252-2) (APR 1984)
F.2 00RATICN OF CCNTRACT PERIOD (MAR 1987)...........
17 ALTERNATE III (MAR 1987)
SECTICN G - CCNTRACT ACHINISTRATION DATA............
18 G.1 PRGJECT OFFICER AUTHORITY (MAR 1987)............
18 ALTERNATE II (MAR 1987)
G2 METH00 CF PAYMENT (MAR 1987)................
18 G.3 PAiMENT CUE CATE (MAR 1987)..........
20 G4 INTEREST CN OVEROUE PAYMENTS (MAR 1987).......... 20 ALTERNATE I (MAR 1987)
G.S REMITTANCE ADDRESS (MAR 1987)............... 21 SECTICN 4 - SPECIAL CCNTRACT REQUIREMENTS.............. 22 H.1 SAFETY. HEALTH AND FIRE PROTECTION (MAR 1987)....... 22 H.2 PRIVATE USE OF CONTRACT INFORMATICN AND DATA (MAR 1987).. 22 H.3 CCNTRACTOR ORGANI2ATICNAL CONFLICTS OF INTEREST......
22 (CMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
H.4 GOVERNMENT FURNISHED EGUIPMENT/ PROPERTY - NONE PROVIDED.. 24 (MAR 1987)
H.5 RISK OF LOSS OR OAMAGE--PURCHASE.............. 24 (MAR 1987)
H.6 ENGINEERING CRANGES ( ADP REQUIREMENTS) (MAR 1987)..... 25 H.7 ADP SYSTEM EQUIPMENT, AND/OR SOFTWARE TRAINING,
.... 26 (MAR 1987)
H.8 GLOSSARY OF ADP TERMS (MAR 1987).............. 27 H.9 RIGHTS IN OATA -- General (JUNE 1987)....
29 ALTERNATE II (JUNE 1987) AND ALTERNATE !!! (JUNE 1987)
H.10 FIPS PUBS AND STANDARDS CCMPLIANCE (MAR 1987).......
36 PART II - CCNTRACT CLAUSES.....................
37
s TABLE OF CONTENTS PAGE SECTICN I CONTRACT CLAUSES................... 37
!.1 CLAUSES INCORPORATED BY REFERENCE............. 37 (FAR 52.252-2) (APR 1984)
I.2 ANTI-XICKBACK PROCEDURES (FAR 52.203-7).......... 38 I.3 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER..........
40 PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (FAR 52.246-19) (APR 1984)
I.4 OPTICN TO ACQUIRE MAINTENANCE SERVICES........... 43 PART III - LIST OF 00CUMENTS, EXHIBITS............... 44 AND OTHER ATTACHMENTS SECTICN J - LIST OF ATTACHMENTS................... 44 J.1 ATTACHNENTS (MAR 1987)...................
44 REPRESENTATIONS AND INSTRUCTIONS,........... 45 PART IV SECTICN K - REPRESENTATIONS, CERTIFICATIONS ANO.......... 45 OTHER STATEMENTS OF OFFERORS K.1 CERTIFICATE OF INDEPENDENT PRICE.............. 45 CETERMINATION (FAR 52.203-2) (APR 1985) s.2 CCNTINGENT FEE REPRESENTATION ANO............. 46 AGREEMENT (FAR 52.203-4) ( APR 1984) s.3 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987).. 47
<.4 AUTHORIZE 0 NEGOTIATORS (FAR 52.215-11) (APR 1984).....
47
<5 PLACE OF PERFORMANCE (FAR 52.215-20) (APR 1984)......
47
<.6 SMALL SUSINESS CONCERN REPRESENTATION........... 48 (FAR 52.219-1) (MAY 1986)
<.7 SMALL DISADVANTAGED BUSINESS CONCERN............
48 REPRESENTATION (FAR 52.219-2) (APR 1984)
<8 WOMEN-0WNEO SMLL BUSINESS REPRESENTATION.........
49 (FAR 52.219-3) (APR 1984)
(.9 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.........
49 (FAR 52.220-1) (APR 1984) 4.10 CERTIFICATICN OF NUNSEGREGATED FACILITIES.........
50 (FAR 52.222-21) ( APR 1984) s.11 PREVICUS CCNTRACTS AND COMPLIANCE REPORTS......... 50 (FAR 52.222-22) (APR 1984) l K.12 AFFIRMATIVE ACTION CCMPLIANCE...............
51 (FAR 52.222-25) (APR 1984)
R.13 SUY A.MERICAN CERTIFICATE..................
51 (FAR 52.225-1) (APR 1984)
K.14 ORGAN!ZATIONAL CONFLICTS OF INTEREST (MAR 1987)......
52 K.15 QUALIFICATICNS OF CONTRACT EMPLOYEES............
53 r
4.16 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED...
53 CCMPUTER SOFTWARE UUN 1987)
SECTICN L - INSTRUCTIONS CONDITIONS, AND NOTICES..........
55 TO OFFER 0RS L.1 SOLICITATION PROVISIONS INCORPORATED BY,......... 55 REFERENCE (FAR 52.252-1) (APR 1984)
L.2 TYPE CF CONTRACT (FAR 52.216-1) (APR 1984).........
55 L.3 SERVICE OF PROTEST (FAR 52.233-2) (JAN 1985)..
56 L4 ACCEPTANCE PERIOD (MAR 1987)........,.......
56
TABLE OF CONTENTS PAGE L.5 SMA'.L BUSINESS SIZE STANDARD AND PROCUCT CLASSIFICATION.. 56 (MA.1987) ALTERNATE I (MAR 1987)
L.6 AWARD NOTIFICATION AND CCMMITHENT OF PUBLIC FUNOS (MAR 1987) 56 L.7 OISPOSITION OF PROPOSALS (MAR 1987).
57 L.8 PROPOSAL PRESENTATION AND FORMAT (MAR 1987)..
57 L.9 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987).. 60 L.10 DATA UNIVERSAL NUMBERING SYSTEM (OUNS) NUMBER (MAR 1987).. 60 L.11 ENGINEERING CHANGE CERTIFICATION (MAR 1987)...
60 L.12 10ENTIFICATICN OF RESTRICTED RIGHTS CCMPUTER SOFTWARE... 60 (MAR 1987)
L.13 PROPOSED PRESENTAICN AND FORMAT...
61 SECTICN M - EVALUATICN FACTORS FOR AWARO,............. 62 M.1 SOLICITATICN PROVIS!CNS INCORPORATED BY,
... r.
62 REFERENCE (FAR 52.252-1) (APR 1984)
M.2 EVALVATICN OF CPTICNS................... 62 (FAR 52.217-5) (APR 1994)
M.3 CCNTRACT AWARD AND EVALUATION OF PROPOSALS. (MAR 1987)... 62 M.4 EVALUATICN CRITERIA (MAR 1987)............... 63
PAGE 6 0FFERORS,BICDERS Pl. EASE NOTE:
An (*) means the infomation is to be incorporated into any resultant con:ra s.
PAGE 7 R$-ARM-88-234 Section B SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS 8.1 BRIEF DESCRIPTION OF WORK (MAR 1987)
The contractor must develop a system which will provide the means to make multiple notifications to various individuals and other Federal agencies when an emergency condition exists at a Itcensed nuclear facility.
The exact number of hours needed for maintenance cannot be determined. The contractor will be compensated only for work actually performed.
If maintenance option is exeretsed ano such reautrements fail to mate,ialize in the numoer estimated below, such failure shall not constitute grounds for adjustment.
Quantity Unit Amount
- Cost of System 1
system (to include shipping
,and installation)
- Training 1
c1urse
- Parts anc Service 1
year S
' Warranty (cost if any)
TOTAL BASE AMOUNT CPTICNS
[
l
- Uninterruotible Power 1
each Sunply (UPS)
- On-call Maintenance 24 tiou r S
Moncay through Friday 8:00 a.m. - 5: 00 p.m.
(all offerers are to use the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> estimate) l (End of Clause) 0.2 CCN51DERATION AND C31.! Gait 0N--FIRN FIXED PRICE (MAR 1987)
The firm fixed price of this centrar.t is Payment will be mace upon completion / delivery and acceptance of all required p roduf.tt/ se rv i c e s.
PAGE 8 RS-ARM-88-234 Section B (End of Clause)
J f
f h
i h
i l
9 PAGE 9 R$-ARM-88-234 Section C.
1 F
SECTICN C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT l
C.1 iTATEMENT OF WORK (MAR 1987)
C.1 BacLarounc The Nuclear R.Julatory Commission Operations Center must make rultiple notifications to various individuals and other Federal agencies, botn in the local Metropolitan Washington, D.C. area and in other eas throughout the continental 'Jnited StJtes when an emergency condition exists at a licensed nuclear fe:llity. The current process of manually making these notifications has been the cause of a great many comolications for the Commission during the first few hours of the emergency, and directly contributes to notification errors being made. Th3 Incident Response Branch has, for the east three years, actively searched for an automated system to eliminate the confusion and errors that occur in the initial hours of an event. No system that would meet our requirements existeo until recently.
C.I.2 Scoce of Work
(
General: The system must provide the means to centact groups of peccle. The comoosition of the groups will be user specified and there can be as many grouos as are needed and as many people in any given greuo as are needed. The system shall be capable of using i
various csil lists far different types of emergencies. The means of contact will be over existing telephone lines and will be in the form of a voice message; the mes age generated at the time of initiali:ation. Acknowledgemeat of recaipt of the message will be a vereal response and telephone code. After initialization the system will ru v1 attended.
' j be er.9rised of a microcomputer with 40 megabytes L
The sys' o
or mor of r r.
Storagr.
- iulti-tasking multi-user processor, high e
' 6 'vable tape or hard disk storage soted dt.
4 paint der ce.
a-
""i
- t. iase Management System (DBMS), 4 to 10 e
tel e,nt '
.c y assoctated hardware and software to distri
.,s s(les, and visual 4; splay, keyboard and equipav-t Ir, ota display.
I.
Feature; an_
,1 Specifications: The system shall l
" the follows
~.; sum tasks:
I t
L J
5 tore a database.onthining pre-programmed lists of perset.',
t
,5th both of/ ice and home phone numbers.
Storage capacity shall :oe l
l_
O PAGE 10 RS-ARM-88-234 Section C able to acc:mmodate up to 500 names and phone numeers (both office and home), and be expandable. System shall be easily programmable by NRC operator.
B.
?rovide at least two separate types of notification messages and make these types of notifications simultaneously. One type of message would direct the persons notified to respond to the incident (Activation List), and the other message would provide information only about the event (Information List).
The system must ace==mocate telephone numbers from 2 to 30 digits long.
C.
Provide a rneans to ensure that the appropriate individual was contacted, identify individuals who will or will not be able to resconc, identify positions in the response cadre that have not been fillec, anc crovide a hard copy of the results.
O.
Recegnize "busy", "no answer", and "not able to respond", aM call the alternate person (s) for any given position on the response team in the system to ensure that cil positions are staffed. The system mus ce capable of selectively recalling all "busy" and "no answer" calls in the event that a position in the response cadre has not caen filled.
E.
He ca:aole of completing a minimum of 80 calls within 20 minuses ano ce encancable to increase the number of people callec' and cecrease the time to complete all calls.
F.
- : vide the means to record all telepnene line transactions in their entirety, such recording device being activated by activity on
- ne line(s).
G.
- vne:1on 91th either a "0TMF" or "pulse" type phone signallin
.itn:vt s ecial equipment or modifications to response personnel'gs private teleonones.
H.
System Centroller. The system shall be a fully self-contained, stanc-alone unit; the controllar shall be software driven and
- rovices on a cortaole storage tredium. On-line "help" files will be integrated into the system. The system will incorporate a high resolution (at least 240X600) monitor.
The system will incorporate a data base management system with the foll: wing features:
Structurec query language Wenu drive On-line help Recort generator Sort capability on any field or combination of fields Access security available to the field level
O-a PAGE 11 R$-ARM-88-234 Section C l
Line Supervision. The system will be able to detect the followiy potential line conditions while attempting to dial and/or r
after dialing is completed:
j Ring with no answer l
Maximum rings reached No dial tone Busy signal Ring back timeout I
Voice detection e
l A terminate connection signal i
A verual response to a message j
Oual-tone-multi-frequency response to a message I
I In acdttien to above the following must be variables that can be l
changec by the user without modification of the software, either by menu driven tables or software generated queries-Numoer of rings allowed before disconnect Length of time allowed for ring back 1
Maximum number of times the numbers are dialed if first i
attemot fails
[
Maximum number of times the dialing list will be traversed Addition / deletion of response personnel telephone numbers Construction of various call lists for different types of i
emergencias Time allowed before voice detect fails l
The termination character
[
J.
FlextD111ty and Quality of Message. The message will be recorceo either on tape or digitized and stored on the system mass media.
Sounc reproduction will be such that the voice will be l
recognizaele to someone who knows the originator. The system must have the capacity for storing up to 20 minutes ol random length i
messages, retrievable by identifying which message is to be r
transmitted and sent with no apparent break on the line.
I K.
Trunk Capacity. The system will be capable of selecting, i
dialing and transmitting up to a 30 second message at the minimum t
..,-...._._._._,.-_-..___.m_.._._,____~.-__.._
PAGE 12 RS-ARM-88-234 Section C aggregate speed of 80 calls in a 20 minute period. A chronological list will be maintained that can be printed periodically during the dialing process and printed in full at the end of the process. The contants of the file will be:
Person called The phone number Date and time dial.'s n - ess started Result of the call Position or title Line that call was made on Name of team being called The frecuency of printing will be a variable in the range of continuous to every 10 minutes.
In addition to the archive file, a eal-time screen display will be presented containing the following information:
Name of person being called Phone numoer Line being used Time of call Team cosition er title of person called Result of call attempt L.
Message Verification. The system shall be capable of verifying l
that tne person contacted received the call and if the message is a call to rescono catect the persons response intentions. The i
verification will be a vercal "yes" or "no" or a dialed number or coce.
M.
Altsrnate Phone Numbers. The system shall be capable of i
assignirg up to 10 alternates to any primary contact. The alternate
[
will not be calleo if the primary is contacted. The system must be 5
able to eliminate from further consideration any person contacted to r
fill any previous position. Personnel can be selected to fill multicle positions as primary or alternates. Maximum attemots to fill the positions whose contacts failed will be made before j
progressing down the list.
1 N.
Ramote Access. The system shall be capable of accepting an inbound telephone call as a means of activating a dialir.g process.
a Remote activation will also be allowed via a remote terminal.
-r w
a,
PAGE 13 RS-ARM-88-234 Section C 0.
Statistical Reports and Data Base Verification.
The ability to extract data from the data base in formatted recorts will be required. The content of the reports will be as follows:
Team name Team composition Date and time compiled Position titles Name of primary or alternate Telepnene numbers 1
I P.
Other Requirements.
j
- The telephone interface shall meet FCC standards and operate with OTNF or rotary dialing.
- At least two copies of all software and documentation shall be provided in a non-copy protected format.
- The system shall not occupy more than 24 square feet.
- The system shall operate reliably in a normal office environment.
- The system shall operate on 110VAC, 60Hz, and not ore than 30 Amos. All power will be fused and internal to the system.
Surge protection shall be provided as part of the system.
- The contractor shall guarantee replacement parts availability for at least 3 years. Should replacement parts become unavailable, the contractor sh4113rovide nece*cary information that would allow suostitute caste to ' e incorporated.
c
- Cost of system shall include shipping and installation.
!!. Training.
One training session will be scheduled before or immediately af ter installation for ten to fifteen students and shall consist of operator and user -aintenance of the system. Training will be neld at the Marylanc National Bank Building located at 7735 Old Georgetown Road in Bethesca, Maryland.
!!!. Warranty The contracter shall identify in detail, the warranty coverage fev Parts and Services anc iden*.ify any cost associated therewith,
- / aty.
The warranty shall be for a one-year period.
IV. Uninterruptible Power Supply (Option)
PAGE 14 RS-ARM-88-234 Section C An uninterruptible power supply (UPS) shall be offered as an option. If the UPS is purchased the interface between the UPS and the Alert Notification System (ANS) shall provide alarm response functions.
V.
Maintenanca Agreement (Option)
The contractor shall provide an optional one year on-call maintenance agreement. A maintenance representative shall be reachable by teleonone, or page service from 6:00 a.m. to 5:00 p.m.
Moncay through Friday.
- Service Call Procedures The NRC Project Officer or designee will notify the contractor by telecnone of the need for service. At the time the request for service is made, the contractor will be provided a description of the creolem, if known. The contractor shall prepare his regular c:mmercial repair orcer in such a manner and form as to eliminate the neec for Government written orders and other documentation. The contractor shall arrive at the designated location within the twenty-four hour resconse time. When the service call is complete and the system has been checned and tested and found to be working crecerly, the tecnnician will notify the Project Officer.
- :lessonse Time The contractor's maintenance personnel shall arrive at the cesigttated location within twenty-four hours of the time that the l
Government notifies the Contractor that the service is required.
- Walfunction Reports At the completion of each repair, the contractor shall submit a signec alfunction incident report to the Project Officer, which shall include as a minimum:
a.
The cate ano time the contractor was notified. b.
The date and time of arrtval, c.
Type and serial number (s) of the equipment, d.
Chargesele time spent for repair. e.
Description of the malfunction and corrective action taken. f.
Replacement parts.
VI. Delivery Celivery of the system shs11 be within 60 days of award of contract.
All applicaele manuals and documentation shall be supplied
- h the
- system, (End of Clause)
o PAGE 15 R$-ARM-86-234 Section 0 SECTICN O - PACKAGING AND MARKING 0.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment-to the NRC in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the moce of transportation. On the front of the package, the Centractor shall clearly identify the contract nuncer under which the procuct is being provided.
(End of Clause)
I l
I l
I i
I i
I r
PAGE 16 RS-ARM-88-234 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984)
This centract incorporates the following clauses by reference.
i These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full tout available.
FECERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE T!YLE i
52.246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE E.2
[
.iscection and accentance of the deliverable items to be I
furnisnec hereunder shall be made by the Project Officer at the castination.
l (End of Clause) l e
m k
b 1
I
PAGE 17 RS-ARM-88-234 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (A8R 1984)
This contract incorporates the following cinuses by reference.
These clauses have the same force and effect as if they were given in full text. Upon request, tne Contracting Officer will make their full text available.
I.
FEDERAL ACCUISITICN REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.212-13 APR 1984 STOP-WORK ORDER F.2 CURATICN OF CCNTRACT PERICD (MAR 1987)
ALTERNATE III (MAR 1987)
Although the Government conterplates use of the system (s)
(harcware ano sof tware) for the system's life of 3 years from date of installation, the term of this contract is from througn (End of Clause)
PAGE 18 RS-ARM-68-234 Section G SECTION G - CCNTRACT ADMINISTRATION DATA G.1 PRCLJECT OFFICER AUTHORITY (MAR 1987)
ALTERNATE II (MAR 1987) 4.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this centract is:
Nar.e :
Address:
Teleonone Numeer:
b.
The Project Officer is responsible for:
- 1) Monitoring Contractor performance and recommending to tna Contracting Officer enanges in requirements.
- 2) Inspecting and accepting products / services provided uncer the contract.
- 3) Reviewing all Contractor invoices / vouchers requesting oay ent for crecucts/ services provided under the contract and making ree:.rencations for approval, disapproval, or suspension, c.
The Project Officer is not authorized to make changes to tne express terms and concitions of this contract.
(End of Clause)
G.2 METF00 0F PAYMENT (MAR 1987) a.
Payment under this contract will be made by wire transfer througn the Treasury Financial Communications System for each incividual cayment in excess of $25,000 and by Treasury check for eacn individual payment of $25,000 or less.
b.
In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, the l
Contractor shall forward the following information in writing to the l
Contracting Officer within seven days after the effective date of the contract.
l
- 1) Name and address of organization.
- 2) Contact person And telephone number.
f,
+ - - - - -
PAGE 19 RS-ARM-88-234 Section G
- 3) Name and address of financial institution.
- 4) Contractor's financial institution's 9-digit ABA identifying numoer for routing transfer of funds.
- 5) Telegraphic abbreviation of Contractor's financial institution.
- 6) Account number at Contractor's financial institution.
- 7) Signature and title of person supplying this information.
c.
In the event the Contractor's financial institution does not have access to the Federal Reserve Communication System <, the Contractor shall forward the following information with regard to a correspondent or alternate financial institution. The information shall be in writing and submitted to the Contracting Officer within seven days after the effective date of the contract.
- 1) Name and address of organization.
- 2) Contact person and telephone number.
- 3) Name anc address of financial institution.
- 4) Telegraphic abbreviation of Contractor's financial institution.
- 5) Account numoer at Contractor's financial instituttsn.
- 6) Name anc address of the correspondent financial institution that has access to the Federal Reserve Communicationn System.
- 7) Correspondent financial institution 9-digit ABA identifying numoer for routing transfer of funds.
- 8) Telegrachte abbreviation of correspondent financial institution.
- 9) Signature and title of person supplying this information.
d.
Any changes to the information furnished under this clause shall be furnishea to the Contracting Officer in writing.
It is "he Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
(End of Clause)
PAGE 20 RS-ARM-88-234 Section G G.3 PAYMENT 00E DATE (MAR 1987) a.
Progress payments, if authorized under this contract, will be due thirty (30) calendar days after rec.eipt of a proper invoice in accordance with the attached "Billing Instructions" (See Section J for List of Attachments).
Such payments are solely for financing purposes and shall not accrue interest under the Proept Payment Act, b.
Payments subject to the Prompt Payment Act under this contract will be due 30 calendar days after the later of:
1.
The date of actual receipt of a proper invoice in ace:rcance with the attached "Silling Instructions", or 2.
The date the final deliverable prehets/ services are accented by the Government, or 3.
The date the contract expires.
c.
For the purpose of determining the due date for payment and I
for no otner purpose, acceptance will be deemed to occur 30 calendar days after recatot of the final deliverable product or completion of
- erformance of all services in accordance with the terms of the c:mtract, d.
If the fini krouuct/ service is rejected for failure to c:nferm to the technical requirements of the contract, the provisions in caragraph c of this clause will apply to the new delivery of the final product / service, j
(End of Clause) 3.4 INTEREST ON OVERDUE PAYMENTS (MAR 1987)
Ai. TERNATE I (MAR 1987) a.
The Promet Payment Act, Public Law 97-177 (96 STAT. 85, 31 USO 1301) is sop 11 cable to payments under this contract and requires tne cayment of interest to Contractors on overdue payments and imorecerly taken discounts, b.
Ceterminations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125. Vol. 47 Federal Register 37321 August 25,-1982. Among other considerations, OM8 Circular A-125 provides that:
- 1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
- 2) Whenever a proper invoice is paid after the due date eles 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.
s i
i PAGE 21 RS-ARM-88-234 Section G (End of Clause)
G.5 REMITTANCEA00RE55(MAR 1987)
If item 15C. of the Standard Form 33 has been checked, enter the remittance address below.
Name:
Address:
(End of Clause)
o PAGE 22 RS-ARM-88-234 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 SAFETY, HEALTH, AND FIRE PROTECTICN (MAR 1987)
The Contractor shall take all reasonable precautions in the performance of the wort uncer this contract to protect the health anc safety of employees and of memoers of the public and to minimize danger from all hazarcs to life and property and shall comply with all applicaole health, safety, and fire protection regulations and recuirements (including reporting requirements) of the Commission anc ne Ceoartment of Labor, In the event that the Contractor fatis to c: moly with said regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rignts of the Commission, issue an order stopping all or any part of sne wort; thereafter, a start order for resumption of work may be issues at the ciscretion of the Contracting Officer. The Contractor i
snall mate no claim for an extensian of time or for coraeensation or casages :y reason of or in connection with such work stoppage.
(End of Clause)
W.2
Escent as specifically authorized by this contract, or as l
otnerwise a::roveo ey the Contracting Officer, information and other cata cevelocec or acovirec by or furnished the Contractor in the perfor-ance of inis c:ntract, shall be used only in connection with the = ort uncer this contract.
(End of Clause)
W.3 CCNTRACTCR CRGANIZATICNAL CONFLICTS OF INTEREST (CSB CLUR.ANCE NUMBER 3150-0112) (KAR 1987) a.
Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor:
1)
Is not placed on a conflicting role because of current or clanned interes'. (financial, contractual, organizational, or otnerwise) wnien relate to the work under this contract, and
- 2) Oces not octain an unfair competitive advantage over other parties my virtue of its performance of this contract, b.
Scoce.
The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause.
O PAGE 23 RS-ARM-88-234 Section H 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 6. organization, the result of which may give rise to conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
d.
Disclosure af ter award.
- 1) The Contractor warrants that to the best of its knowleoge and belief and exccot as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defines in 41 CFR 20-1.5402(a).
- 2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it small make an 1ssectate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate sucn conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the cest interest of the Government, e.
Access to and use of information.
- 1) If the Contractor in the performance of this contract cetains access to information, such as NRC plans, policies, reports, stucies, financial plans, internal Ata protected by the Privacy Act of 1974 (Pub t.93-579), or cata 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 teen released to the public; (11)
Coscete for work for the Commissinn based on suen infomation for a perted of six (6) months af ter either the completion of this contract or the release of such information to the puolic, wnichever is first; (111) Submit an unsolicited proposal to the Government based on such information until one year af ter the release of such inforsation to the public, or (iv)
Release the information without orter written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
PAGE 24 R$-ARM-88-234 Section H 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 creduces 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 sna11 include this clause, including this paragraon, in suecontracts of any tier. The terms "contract," "Contractor,"
and "Contracting Officer," shall be appropriately modified to preserve the Government's rights.
g.
Remedies.
For breacn of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest recuired to be disclosed concerning this contract or for sucn errc9eous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Cont.ractor from. subsecuent contractual efforts, and pursue other retecies as may be permitted by law or this contract.
n.
'n'a i v e r. A request for waiver under this clause shall be oirecteo in writing through the Contracting Officer to the Executive Director for coerations (EDO) in accordance with the procedures outlinea in 20-1.5411.
(EndofClause) l W.4 GOVERNMENT FaNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (MAR 1987)
The Government will not provide any equipment / property, notwithstanoing any provisions of the specification (s) to the contrary.
l t
(End of Clause)
H.5 RISK OF LOSS CR DAMAGE--PURCHASE (MAR 1987)-
{
a.
The Government is relieved of all risks of loss or damage to the ecutement, up to and including the day prior to the first day i
of a successful performance period, except for:
- 1) Loss or damage caused by nuclear reaction, nuclear radiation, radioactive contamination, war, insurrection, civil strife, recellion, weapons of war; or f
I
- 2) Negligence on the part of the Government or its agents, provided, however, that the Government shall be relieved of i
PAGE 25 R$-ARM-88-234 Section H the Itability for such risks of loss or damage due to negligence if any commercial customer of the Contractor is relieved of such liability under Itke circumstances.
b.
If the Government is liable for loss or damage of a machine, the Contractor shall have the option to restore the machine to its previous concition, in which event the Government shall pay the Contractor to perform such restoration at the Contractor's then-current prices, terms, and conditions.
If the Contractor elects not to restore the machine, the Government may, at i's own expense, restore the machine to its previous condition.
If, however, the machine is lost or damaged beyond repair, the Goverement shall pay to the Contractor the same price fon the macnine as the Government 'vould have paid had it purchased the machine on the day prior to the loss or damage under the provisions of this contract, This clause shall govern risk of loss or damage, notwithstancing any other provisions of this contract relating to title, payment, or ownership.
(End of Clause)
H.6 EN3INEERING CHANGES (ACP REQUIREMENTS) (MAR 1987) a.
After contract award, the Government may solicit, and the Contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed to save money, to improve performance, to save energy, or to satisfy increasec data processing requirements. However, if proposed changes relating to improved performance are necessary to meet increasec data processing requirements of the user, those recuire-ents shall not excetc the contract requirements by more than
- '5 percent.
If the precosed enanges are acceptable to both parties, the Contractor shall sucmit a price change proposal to the Govern ent for evaluation within 30 days of such acceptance. Those prooosec engineering changes that are acceptable to the Government will be processac as mocifications to the contract, b.
As a minimum, the following information shall be submittec by the Contractor with each proposal:
- 1) A description of the difference between the existing contract requirement anc the proposed change, and the comparative advantages anc disaavantages of each; 2)
Itemized requirements of the contract which must be changec if the proposal is acepted, and the proposed revision to the contract for each such change;
- 3) An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal;
- 4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and
PAGE 26 RS-ARM-88-234 Section H costs of maintenance and operation; and
- 5) A statement of the time by which the enange order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract, also, any effect on the contract completion time or delivery schedule shall be identified.
c.
Engineering change proposals wbmitted to the Contracting Officer shall be processed expeditiously.
The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The Contractor has the right t,o withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal.
The decision of the Contracting Officer as to the acceptance of any such proposal under this contract sna11 be final and shall not be subject to the "Otsputes" clause of this contract.
d.
The Contracting Officer may accept any engineering change pro:osal sucmitted oursuant to this clause by giving the Contractor written notice thereof.
This written notice may be given by issuance of a modification to this contract, the Contractor shall re9ain ecligated to perform in accordance with the terms of the existing contract, e.
If an engineering change propsal submitted pursuant to i
tnis clause is accettance and applied to this contract, an equitable acjustment in the contract price and in any other affected e evisions of this contract shall be made in accordance with this
-lause anc ether acolicaele clauses of this contract. When the cost of performance of this contract is increased or decreased as a result of the change, the ecuitable adjustment increastny or cacreasing tne contract price shall be in accordance with the "Changes" clause rather than under this clause, but the resulting l
contract mocification shall state that it is made pursuant to this e.l a u s e.
t f.
The Contractor is requested to identify specifically any i
information contained in the engineering change proposal which it f
prefers not be disclosed to the public.
The identification of inforntion as confidential and/or proprietary is for information cureoses only, and shall not be binding on the Government to prevent disclosure of suen infor-ation. Offerors are advised that such inforsation may be subject to release upon request pursuant to the l
Freedom of Information Act (5 U.S.C. 552).
(End of Clause)
H.7 ADP SYSTEN, EQUIPMENT, AN0/0R SOFTWARE TRAINING (MAR 1987) a.
Schedule for Training. The Contractor shall provide training in accordance with the schedule below. Scheduling of courses for the training will be suJject to mutual agreement between
PAGE 27 RS-ARM-88-234 Section H the Contractor and the Government. All instructors will be esperienced and training should bi geared to the ADP system, equipment, machine, and/or software covered by this contract and not basic i:encepts. The attendees will be provided with all appropriate manuals, text material, and course outlines necessary for the specified training. Any training cost to tne Government will be as indicated in the Schedule of this contract.
- 1) Type of Training
- 2) location.
- 3) Approximate Numoer to be Trained.
- 4) Maximum Numcer of Students.
- 5) Course Schacule.
b.
Review and Approval. The training course curriculum will be subject to review and approval by the Government.
The schedule of training and numcor of personnel to be trained may be revised by the Government, provided the Government notifies th9 Contractor, in writing, of the changes at least 30 days prior to commencement of the scocific training, and provided the total number of personnel to be trainea does not excesc the above requirements.
(Erd of Clause)
H.S GLC55ARY OF ADP TEUts (MAR 1987)
The definitions anc explanations set forth in this glossary are an integral part of the terms and conditions of this contract, a.
Cata Processing Ecuipment System and/or Subsystem. The
- molement of indivicual machines an operating software furnished by the Centractor and acquirec to operate as an integratec group.
b.
Equipment. An all inclustve tere which refers either to an individual macnine or to the total complement of machines reouired to operate as an integrated group, c.
Equipment and/or Operating Software Failure. A salfunction in the contractor-supplied equipment and/or operating software, excluding all external factors, which prevents the ace:mplishment of the job.
d.
Installation Cate. The date by which the Contractor must have the orcered equipment reacy for use by the Government, e.
Machine. An individual unit, including features installed thereun, of a data processing system, or subsystem, identified by a type and/or model nuncer, sucn as a central processing unit, and additional memory mocule, a tape unit, a card reader, etc.
f.
Mecnanical Replacement. The replacement of one machine w
o PAGE 28 RS-ARM-88-234 Section H for another occasioned by the mechanical condition of the equipment being replaced.
1 g.
Operating Software. Those routines that interface directly with hardware (including peripheral devices), the computer operations, applications and utility programs, i
h.
Operational Use Time. The time during which equipment is in actual operation, exclusive of idle time, standby time, or maintenance time due to machine failure; not synonymous with "power-of" time.
1.
Preventive daintenance. That maintenance performed by the Contractor which is cesigned to keep the equipment in proper o:erating concition.
It is performed on a scheduled basis,
- j. Principal Period of Maintenance. Any 9 consecutive hours
- er cay, including an official meal period not to exceec 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per cay, cetween tne nours of 8:00 a.m. and 5:00 p.m. Monday through Fricay, exclucing holidays observed at the NRC installation.
A.
Extenced Maintenance Period Option. Option to reautre saintenance service, during any extension of the Principal Period of Maintenance at a fixed crite for such period, regardless of the a w :er of : alls requestec during such period.
1.
Remecial Waintenance. That maintenance performed by the C:ntra: tor wnich results from Contractor supplied equipment or coerating software failuro.
It is performed as required and tae efere on an unstneculed basis, m.
Total Monsnly Charges.
- 1) Rental. All monthly charges for the use (rental) of e:uicment anc software and for maintenance thereof.
- 2) Maintenance of Government-owned. All monthly charges for the raintenance of eculpment and software supplied under this contract.
n.
Alteration. An alteration is defined as any change to a macnine wnich caviates from the physical, mechanical, or electrical sacnine cesign (including microcode), whether or not additional cevices or parts are required.
o, Atta ce.me nt.
An attachment is defined as the mechanical electrical, or electronic interconnection of equipment manufactured by other than the original equipment manufacturer the machine or system.
(End of Clause)
j PAGE 29 RS-ARM-88-234 section H H.9 RIGHTS IN DATA -- General (JVNE 1987)
ALTERNATE II (JUNE 1987) AND ALTERNATE III (JUNE 1987)
(a) Definitions.
"Ccaputer sof tware," as used in this clause, means co.aputer programs, computer data bases, and documentation thereof.
"Data " as used in this clause, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer sof tware. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
"Form, fit, and function data." as used in this clause, means data relating to items, ccmoonents, or processes that are sufficient to enable anysical and functional interchangeability, as well as data identifying source, size, configuration, mating, and attachment characteristics, functional characteristics, and performance reoutrements; except that for computer software it means data identifying source, functional characteristics, and performance recuirements cut specifically excludes the source code, algorithm, process, formulae, and flew charts of the software.
"Limitec rights," as used in this clause, means the rights of the Government in limited rights data as set forth in the Limited Rights i
Notice of subcaragrapn (g)(2) if included in this clause.
"Limitec rights data " as used in this clause, means data (other than ccmouter software) that embody trade secrets or are commercial f
or financial anc confidential or privileged, to the extent that such data certain to items, ccmporents, or processes developed at private escense, including minor =ootfications thereof.
"Restrictec ccmouter software," as used in this clause, means computer sof tware develoceo at private expense and that is a trade secret; is comercial o* financial and is confidential or privilegec; or is publisced copyrighted computer sof tware; including minor modificattols of sut.n cceputer software.
"Restricted rights " as used in this clause, means the rights of the Government in rest.ricted computer software, as set forth in a
[
Restrictec Rights Notice of subparagraon (g)(3) if included in this clause, or as otherwise may be provided in a collateral agre pent incorocratec in and mace part of this contract, including minor accifications of such ccicuter software, "Technical data," as used in this clause, means data (other than ecmouter sof tware) which are of a scientific or technical nature.
"Unlimited rights," as used in this clause, means the right of J
the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, anc perfom publicly and I
disolay publicly, in any manner and for any purpose, and to have or
t PAGE 30 RS-ARM-88-234 Section H permit others to do so.
(b) Allocations of rights. (1) Except as provided in paragraph (c) of this clause regarding copyright, the Government shall have ynlimited rights in --
(1) Data first produced in the performance of this contract; (11) Form, fit, and function data delivered mier this contract; (iii) Data delivered under this contract (except for restricted computer sof tware) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnishec for use under this contract; and t
(iv) All other data delivered under this contract unless provided otrerwise for limited rights data or restricted ccmputer software in acc:rcance with paragraph (g) of this clause.
(2) The Contract:r shall have the right to --
(1) Use, release to others, reproduce, distribute, or publish any I
data first :Pocucec or specifically used by the Contractor in the
[
cerfer-ance of this centract, unless provided otherwise in paragraph (c) of this clause; (11) Protect from unauthorized disclosure and use those data whicn are limitec rights data or restricted Computer software to the extent providea in paragraon (3) of this clause; (iii) Substantiate use of, add or correct limited rights, I
restrictec rights, or copyright notices and to take other accr:griate action, in accorcance with paragraphs (e) and (f) of this c1ause; anc (iv) Estaolisn claim to copyright subsisting in data first recuceo in the performance of this contract to the extent provided in sue:aragracn (c)(1) of this clause.
(c) Copyright. (1) Data first produced in the perforinance of this contract. Unless provided otherwise in paragraph (d) of this clause, the Centractor may establish, without prior approval of the Contracting Officer, claim to copyright subsisting in scientific and I
tecnnical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposta proceedings or stallar works. The l
prior, express written permission of the Contracting Officer is required to establish claim to copyright subsisting in all other data first procuced in the performance of this contract. When clats to c::yright is mace, the Contractor shall affix the applicable ccpyright notices of 17 U.S.C. 401 or 402 and acknowledgment of l
Government sponsorship (including contract number) to the data when i
such data are delivered to the Governme t, as well as when the data r
are published or deposited for registration as a published work in
PAGE 31 RS-ARM-88-234 Section H the U.S. Copyright Office. For data other than computer software the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license in suth copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perfore publicly and display publicly, by or on behalf of the Government. For computer software, the Contractor grants to the Government and others acting in its behalf, a paid-up nonexclusive, irrevocable worldwide license in such copyrighted ccmputer sof tvare to reproduce, prepare derivative works, and perform publicly and display publicly by or on behalf of the Government.
(2) Data not first procuced in the performance of this contract.
The Contractor shall not, without prior written permisslori cf the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contains the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or accuires on its behalf, a license of the same scope as set forth in subcaragraph (c)(1) of this clause; provided, however, that if such data are computer software the Government shall aceutre a copyright license as set forth in subparagraph (g)(3) of this clause if included in this contract or as otherwise may ce provided in a collateral agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government agrees not to re*.ove any copyright notices placed on data pursuant to this paragra:n (c), anc to include such notices on all reproductions of the casa.
(d) Release, publication and use of data. (1) The Contractor sna11 have the right to use, release to others, reproduce, distribute, or puolish any data first produced or specifically used by the Contractor in the performance of this contract, except to the entent such data may be sueject to the Federal export control or national security laws or regulations, or unless otherwise provided in this paragracn of this clause or expressly set forth in this Contract.
(2) The Contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contain restrictive mart.ings, the Contractor shall treat the data in accordance with such markings unless otherwise specifiently authorizac in writing by the Contracting Of ficer.
i (e) Unauthorizac marking of data. (1) Notwithstancing any other provisions of this contract concerning inspection or acceptance, if any data delivered uncer this contract are marked with the notices specified in suenaragracn (g)(2) or (g)(3) of this clause and use of such is not authorized by this clause, or if such data bears any otner restrictive or limiting markings not authorizac by this contract, the contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, the following procecures shall apply prior to canceling or ignoring
PAGE 32 R$-ARM-88-234 Section H the martings.
(i) The Contracting Officer shall make written inquiry to the Contractor affording the Contractor 30 days from receipt of the tnouiry to provide written justification to substantiate the propriety of the markings; (11) If the Contractor fails to respond or fails to provide written justificatten to substantiate the propriety of the markings within tne 30-day period (or a longer time not eneeding 90 days accroveo in writing by the Contracting Officer for good cause shown), the Governrent shill have the right to cancel or ignore the martings at any time af ter said period and the data will no longer be mace suoject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the precriety of the markings within the period set in succivision (e)(1)(1) of this clause, the Contracting Officer shall consider suen written justificaticn and determine whether or not the martings are to be cancelled or ignored. If the Contracting Officer cetermines that the markings are authori:ed, the Contractor shall be so notified in writing.
If the Contracting Officer determines, with concurre9ce of the mead of the contracting activity, that i.he martings are not authorized, the Contracting Officer shall furnish the C:ntractor a written determination, which determination shall tec: e the final agency decision regarding the appropriateness of the martings unless the Contractor files suit in a court of c:moeten jurisciction within 90 days of receipt of the Contracting Officer's cecision. The Government shall continue to abide by the martings under this sutdivision (t)(1)(111) until final resolution of the -atter either by the Centracting Officer's determination tec: ming final (in which instance the Government shall thereafter nave the right to cancel or ignore the markings at any time and the cata =111 no longer te made subject to any disclosure prohibitions),
or ey final discosition of the matter by court decision if suit is fileo.
(2) *he time limits in the crocedures set forth in subparagraph (e)(1) :f this clause may be modified in accordance with agency regulati:ns implementing the Freedom of Information Act (5 0.5.C.
552) if mecessary to respone to a request thereunder.
(3) This paragraon (e) does not apply if this contract is for a major system or for support of a major system by a civilian agency otner than NASA ano the U.S. Coast Guard agency subject to the provisions of Title III of the Federal Property and Administrative Services Act of 1949.
(4) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by this paragracn (e) from bringing a claim under the Contract Otsputes Act, including pursuant to the Otsputes clause of this contract, as applicable, that may artse as the result of the Government removing or ignoring authorizac martings on data delivered under this contract.
PAGE 33 RS-ARM-88-234 Section H (f) Caitted or incorrect markings.
(1) Data delivered to the Government without either the limited rights or restricted rights notice as authorized by paragraph (g) of this clause, or the copyright notice required by paragraph (c) of this clause, shall be deemed to have been furnished with unlimited rights, and the Government assumes no liability for the disclosure, use, or reprcduction of suen data. However, to the exterit the data 4
has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer for good cause shown) af ter celivery of sucn data, permission to have notices placed.on cualifying data at the Contractor's expense, and the Contracting Officer may agree to do so if the Contractor --
(1) Identifies the data to which the omitted notice is to be ac ltec; 2
(11) Demonstrates that the reission of the notice was inacvertent; (iii) Establishes that the use of the proposed notice is authorizac; anc (iv) Acknowledges that the Government has no liability with resoect to the disclosure, use, or reproduction of any such data mace Orior to the addition of the notice or resulting from the j
omission of the notice.
I (2) The Contracting Officer may also (1) permit correction at the Contract:r's ergense of inc:rrect notices if the Contractor icentifies the data on which correction of the notice is to be mace, ant., cemonstrates that the c:rrect notice is authorized, or (ii) correct any incorrect notices.
(g) Protection of limitec rights data and restricted computer
- software, (1) When data ether than thn listed in subdivisions (b)(1) (1),
(11), and (iii) of this clause v e spec;fied to be delivered uncer this contract and cualify as either limited rights data or restricted computer software, if the Contractor desires to continue protection of such data, the Contractor shall withhold such data and not furnish them to the Government under this contract As a conottien to this withhold 1r.), the Contractor shall identify the data ceing withheld and furnish form, fit, and function data in lieu thereof. Limited rights data that are formatted as a computer data base for delivery to the Government are to be treated as limited eights data and not restricted computer software.
(2) Notwithstanding suonaragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would
~ - -
ec--~
PAGE 34 RS-ARM-88-234 Section H otherwise be withholdable. If delivery of such data is so required, the Contractor may affix the following "Limited Rights Notice" to the data and the Government will thereafter treat the data, subject to the provisions of paragraphs (e) and (f) of this clause, in accorcan:e with such Notice:
LIMITED RIGHTS NOTICE (JUN 1987)
(a) These data are submitted with limited rights under Government l
centract No.
XXX (and succontract XXX, if appropriate). These data may te recrocucac and used by the Government with the express limitation that they will not, without written permission of the Contract:r, ce usec for pureoses of manufacture nor disclosed outside tne Government; except that the Government may disclose tnese casa outside the Governmens for the following purposes, if any, provicec that the Government makes such disclosure subject to l
prenibition against further use and disclosure:
( Agencies ay list additional purposes as set forth in 27.404(d)(1) or if none. so state)
[
(b) This Notice shall be marked on any reproduction of these
- sta, in wnole or in part."
(End of notice) 4 (g)(3)(i) Notwithstancing su:caragraph (g)(1) of this clause, the
- ntra:t ay identify anc scocify the delivery of restricted 3
- mouter software, or the Contracting Officer may require by written 3
1
-eevest sne celivery of restricted computer software that has been
)
.itereic Or would otherwise ce withholdable. If delivery of such
- meuter software is 50 reouired, the Contractor may affix the
':11: wing "Restrictec Rignts Notice" to the computer software and tse Gove -.ent will thereafter treat the computer software, subject 1
- :aragra:ns (e) anc (f) of this clause, in accordance with the i
Notice:
RESTC "!ED RIGHTS NOTICE (JUN 1987)
(a) This ::mouter sof tware is submitted with restricted rights ancer Government Contract No. XXX (and subcontract XXX, if accrooriate). It may not be used, reproduced, or disclosed by the Government except as crevidec in paragraph (b) of this Notice or as otnerwise excressly stated in the contract.
(b) This c:mouter sof tware may be --
(1) Usec or ceciec for use in or with the comouter or computers for wnien it was accuired, including use at any Government installation to wnich such c:mputer or comouters may be transferred; (2) Used or copied for use in a backup computer if any computer for wnich it was acouired is inoperative; j
(3) Reorocuced for safekeeping (archives) or backup purposes;
PAGE 35 RS-ARM-88-234 Section H (4) Modified, adapted, or combined with other computer sof tware, provided that the modified, combined, or adapted portions of the derivative sof tware incorporating restricted computer software are mace sucject to the same restricted rights; (5) Of selosed to and reproduced for use by support service Contractors in accorcance with subparagraphs (b) (1) through (4) of this clause, provided the Governmsnt makes sucts disclosure or reprocuction subject to these restricted rights; and (6) Used or copied for use in or transferred to a replacement c:mouter.
(c) Notwithstanding the foregoing, if this computer software is puolisneo copyrighteo comeuter software, it is licensed to the Gevernment, without disclosure prohibitions, with the minimum rights set forta in paragraph (b) of this clause.
(d) Any other rights or limitations regarding the use, duolication, or disclosure of this computer sof tware are to be excressly stated in, or incorporated in, the contract.
(e) This Notice shall be marked on any reproduction of this co cuter software, in wnole or in part."
(End of notice)
(ii) Vhere it is imoractical to include the Restricted Rights Nott:e on restricted comeuter sof tware, the following short-form Nott:e ay be usec in lieu thereof:
RESTRICTED RIGHTS NOTICE SHCRT ~CRM (JUN 1937)
Use, recrecuction, or disclosure is subject to restrictions set fortn in Contract No. XXX (and subcontract XXX, if appropriate)
.ith XIX (name of Contractor and subcontractor)."
(End of notice)
(iii) If restricted computer software is delivered with the cocyright notice of 17 U.S.C. 401, it will be presumed to be puolisneo copyrightea computer sof tware licensed to the Government without disclosure pronibitions, with the minimum rights set fortn in caragraon (b) of this clause, unless the Contractor includes the following statement with sucn copyright notice: "Unpublished --
rights reserved unoer the Copyright Laws of the United States."
(h) Subcontracting. The Contractor has the responsibility to obtain from its succontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government such rights, the Contractor shall promptly bring such
PAGE 36 RS-ARM-88-234 Section H refusal to the attention of the Contracting Officer and not proceed with subcontract award without further authorization.
(1) Relationship to patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construso as affecting the scope of any license or other right otnerwise granted to the Government.
(End of Clause)
H 10 FIPS PUB?, AND STANDARDS CCMPLIANCE (MAR 1987)
In no case shall the Contractor or any subcontractor take any acti:n or use any replacement parts that would result in equipment snat is not in compliance with applicable FIPS PUBS and Standards.
PAGE 37 RS-ARM-88-234 Section !
PART II - CONTRACT CLAUSES SECTION I CONTRACT CLAUSES
!.1 CLAUSES INCORPORATED BY REFERENCE (FAR52.252-2)(APR1984)
This contract incorcorates the following clauses by reference.
These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACCUISITICN REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER CATE TITLE 52.202-1 APR 1384 DEFINITICNS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES i
52.203-6 JUL 1985 RESTRICTICNS ON SUBCONTRACTOR SALES TO Thi GOVERNMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1984 AUDIT -- NEGOTIATICN 52.215-22 APR 1984 PRICE REDUCTION FOR DEFECTIVE COST OR r
PRICING DATA l
52.215-23 APR 1985 PRICE REDUCTION FOR DEFECTIVE COST OR l
PRICING DATA -- M00!FICATICNS l
52.215-24 APR 1985 $UBCONTRACTOR COST OR PRICING CATA 52.215-25 APR 1985 $UBCCNTRACTOR COST OR PRICING DATA -- M00!FICATIONS I
52.215-26 APR 1987 INTEGRITY OF UNIT PRICES 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 JUN 1985 UTILIZATION OF SkALL BUSINESS CONCERNS AND SMALL DISADVANTAGE 0 BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CCNCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA
PAGE 38 RS-ARM-88-234 Section !
SUBCONTRACTING PROGRAM 52.222-1 APR 1984 NOTICE TO THE GOVERNMENT OF LABOR O!SPUTES 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL O!SABLED AND %IETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HAN0! CAPPED WORKERS 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASS!$TANCE REGARDING PATENT AND COPY 41GHT INFRINGEMENT 52.229-3 APR 1984 FEDERAL, STATE AND LOCAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S.
POSSESSIONS OR PUERTO RICO 52.232-1 APR 1984 PAYMENT; 52.232-8 JUL 1985 O!$ COUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I (APR 1984) 52.233-3 JUN 1985 PROTEST AFTER AWARD 52.249-1 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) ($HORT FORM) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 52.232-7 APR 1984 PAYMENTS UNDER TIME-ANO-MATERIALS AND LABOR-HOUR CONTRACTS 52.243-1 AUG 1987 CHANGES -- FIXED-PRICE 52.243-3 AUG 1987 CHANGES -- TIME AND MATERIALS OR LABOR HOURS 52.244-3 APR 1985 SUECONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) 52.249-14 APR 1984 EXCUSABLE DELAYS
- .2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7)
(a) Definitions. "Kickback," as used in this clause, means any
-oney, fee, commission, credit, gif t, gratuity, thing of value, or ccmcensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, o-sabcontractor employee for the purpose of improperly obtaining or rewa.*cing favorable treatment in connection with a prime contract or in con.iection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnersnip, business association of any kind, trust, joint-stock
PAGE 39 RS ARM-88-234 section [
company, or individual.
"prime contract," as used in this clause, means a centract or contractual action entered into by the United States for the purposes of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor esplayee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcentract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or succentractor for the purpose of obtaining supplies, matarials, equicment, or services of any kind under a prime contract.
"Subc:ntractor," as used in this clause, (1) means any person, other than the prime Contractor, who o'fers to furnish or furnishes any sucolies, materials, equipment, or services of any kind under a prime centract or subcentract entered into in connection with any suen prime contract, and (2) includes any person who offers to i
furnish or furnishes supplies to the prime Contractor or a higher tier su:c:ntracter.
"$ube:ntract:r emoloyet," as used in this clause, means any l
of ficer, partner, employee, or agent of a subcontractor.
(b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
pr:nibits any person from--
(1) Droviding or attempting to provide or offering to provide any kict:act; or i
(2) Soliciting, accenti'.ig, or attempting to accept any kickbact: or (3) Inclucing, birectly or indirectly the amount of any I
kick:ack in the contract price charged by the prime Contractor to the Unitto States or in the contract price charged by a succ:ntracter to a prime Contractor or a higher tier subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable procecures cesigned to prevent and detect possible violations i
describee in paragraon (b) of this clause in its own operations and direct business relationships.
(2) When the Contracter nas reasonable grounds to believe that a violation cescribed in paragraon (b) of this clause may have occurrec, the Contractor shall promptly report in writing the possible violation. Such reports shall be mace to the inspector general of the contracting agency, the head of the contracting agency if the agency dcas not have an inspector general, or the Depart. ment of Justice.
i (3) The Contractor snali cooperate fully with any Federal agency investigating a possible violation described in paragraph (b)
PAGE 40 RS-ARM-88-234 Section I of this clause.
(4) Regardless of the contract tier at which a kickback was providec, accepted or charged under the contract in violation of paragracn (b) of this clause, the Contracting Officer may--
(1) Offset the amount of the kickback againist any rionies owed by the United States under this contract and/or (ii) direct that the Contract:r withhold from suas owed the subcontractor, the amount of kickback. The Contracting Officer may order that monies wi'.hheld uncer succivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those nonies uncer succivision (c)(4)(1) of this clause.
In the latter case, the
- entract:r shall notify the Contracting Officer when monies are witneld.
i (5) The Contracter agrees to incorporate the substance of this
- lause, 4:lucing this sucparagraph (c)(5), in all subcontracts uncer snis contract.
1 (EndofClause)
I.3 WAWD OF SYSTEMS AND E0VIFMENT UNDER PEUCMANCE SPECIFICATICNS OR DESIGN CRITERIA I
(FAR 52.246-19) (ApR 1984)
(a) Cefinitions. "A::ectance," as used in this clause, means the a:t of an autnerizac representative of the Government by which the hveer emt assumes for itself, or as an agent of another, ownership of existing anc identified sucplies, or approves specific services reacere: as :artial or ccmolete performance of the contract.
"C:rre:ti:n," as usec in this clause, means the elimination of a
- sfe:t.
"Cef t:t," as usec in this clause, means any condition or
- mara: tee stic in any supplies or services furnished by the 0:ntract:r uncer the ::ntract that is not in compliance with the covire ents of the c:ntract.
"$ucolies," as useo in this clause, means the end items furnished 1
Oy the C:ntractor anc related services required under this contract.
l Ex:ect *nen this contra:t includes the clause entitled Warranty of Cata, sucolies also means "data."
t (b) Centractor's celigations. (1) The Contractor's warranties j
under this clause shall apply only to those defects discovered by i
either tne Govern ent r the Centractor one year period.
i 1
(2) P the Contractor cecomes aware at any time before l
acceptance ey the Government (wnether before or after tender to the Government) that a defect exists in any supplies or services, the l
Contract:r shall (1) promptly correct the defect ei (ii) prcmptly i
notify tre Contracting Of ficer, in writing, of the defect, using the same pro ecures prescribed in paragraph (b)(3) of this clause.
l i
1
PAGE 41 RS-ARM-88-234 Section I (3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 5 days after vercal notiff ration Upon tinely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted suoplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 5 days after receipt of written notification a recommendation for corrective actions, together with su:certing information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be uncertanen.
(4) The Contractor shall promotly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.
(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction reovirac under this clause (including revision and updating of all otner affected data called for under this contract) at no increase in the c:ntract price.
(6) In the event of timely notice of a decision not to correct er enly to partially correct, the Contractor shall submit a tecnnical anc cost procosal within 10 days to amend the contract to
- ermit accettance of the affected supplies or services in accordance with tne revised reouirement, and an equitable reduction in the c:ntract rice shall premetly Oe negotiated by the parties and be reflectec in a sucolemental agreement to this contract.
(7) Any succlies or parts thereof corrected or furnished in replace?snt anc any services reperformed shall also be subject to the c:noitions of this clause to the same extent as supplies or services initially accentec. The warranty, with respect to these sucplies, parts, or services, shall be equal in duration to that set fortn in caragraon (b)(1) of this clause, at. shall run from the date of celivery of the corrected or replaced supplies.
(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is coligated to cerform, any modifications or other worn on sucn procerty.
In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other wort.
(9) If the Government returns supplies to the Contractor for correction or replacement uncer this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b ceint or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in the contract.
i A
PAGE 42 RS-ARM-88-234 Section !
The Contractor shall also bear the responsibility for the supplies while in transit.
(10) All implied warranties of merchantability and "fitness for a carticular purpose" are escluded from any obligation under this contract.
(c) Remedies available to tne Government.
(1) The rights and remecies of the Government provided in this clause--
L t
(t) $ hall not be affected in any way by any terms or I
conditions of this contract concerning the conclusiveness Uf l
inspection and acceptance; and (ii) Are in addition to, and do not limit, any rights afforced to the Government by any other clause of this contract.
l t
(2) Within 5 days after receipt of the contractor's recc m encations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at to ce incorporatec into resultant contract.
(3) In no event shall the Government be responsible for any extension or celays in the scheduled deliveries or periods of
- erf:rrance uncer this contract as a result of the Contractor's coligations to correct defects. t.or shall there be any adjustment of the celivery schacule or period of performance as a result of the correction of defects unless orovided by a supplemental agreement
.ith accouate consideration.
(4) This clause shall not be construed as obligating the Goverr-ent to increase the contract price.
($) (i) The Contracting Officer shall give the Contractor a ritten 9otice as reovired in paragraph (c)(1)(11) below, specifying any failure or refusal of the Contractor to--
(A) Present a detailed recommendation for corrective action as recuired by paragraon (b)(3) of this clause; (B) Correct cefects as directed under paragraph (b)(4) of this clause; or (C) Prepare and furnish data and reports as required by paragracn (b)(5) of this clause.
(11) The notice shall soecify a period of time following receipt of the notice ey the Contractor in which the Contractor must remeoy the failure or refusal specified in the notice.
(6) If the Contractor does not comply with the Contracting Officer's written nottee in paragraph (c)(5)(1) of this clause, the Contracting Of ficer may by contract or otherwise--
,e PAGE 43 RS-ARM-88-234 Section I (1) Ob*ain detailed recommendations for corrective action and either--
(A) Correct the supplies or services; or (B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the preceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred; -
(11) Cbtain applicaole dats and reports; and (iii) Charge the Contractor for the costs incurred by the Govern ent.
(End of Clause) 1.4 CpTICN TO ACC'J!RE KAINTENANCE SERVICES (a) The Government herecy has a unilateral option of the Government to accuire maintenance services for one year period as s:ecifiec uncer Section C herein.
The Government shall give the Contractor cre11minary written notice of its intent to exercise this oction at any time during the performance of this contract. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the peried of
- erformance will be eccifiec accordingly.
l (End of Clause) i r
.. o v
PAGE 44 R$-ARM-88-23(
Section J PART I!! - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACKMENTS (MAR 1987)
Attacr?ent Numoer Title 1
NRC Contractor Organizational Confitets of Interest (41 CFR Part 20) 2
" lling Instructions 3
Standaro Form 1411 with Iristructions NRC Manual Chapter 0904 L
0 1
i e
,