ML20154Q210

Contract: Microcomputer Based Parallel Processing Sys for Code Computations, Awarded to Risk Mgt Assocs,Inc

ML20154Q210
Person / Time
Issue date:	09/28/1988
From:	Bieniarz P, Smith P NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), RISK MANAGEMENT ASSOCIATES
To:
Shared Package
ML20154Q198	List: ML20154Q194 ML20154Q210
References
CON-FIN-D-2507, CON-NRC-04-88-106, CON-NRC-4-88-106 NUDOCS 8810030342
Download: ML20154Q210 (19)

Text

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NRC-04 106 September 30, 1988

s. essut o e e r .. A ou N GTt a t o a v sit .,*,, ea.. s e,,, 4, i COOCL- . _ _ _._ COOC1- .-

U.S. Nuclear Regulatory Comtission Division Of Contracts and Property Management Washington, DC 20555 t

7. N Au t AND AQoR E S$ of con t a Ac t oR sh. . etree t. esty. ceer tv. J r.#e ... dtt' Co.es e ottavt RY I I Risk Management Associates, Inc. fos origin OT Ht R ,sce .c .., !

2309 Dietz Farm Road, N.W. D,.o,5covN,roa,.ou.O,A.uch, 3 ,

Alburquerque, New Mexico 87107 N/A 10 SUBMIT INVOICES 67su (4 t.pate es dess vihe,-

wee esetetseds TO THE 12 CODE F ACILITY CODE ADORELS SH0YM IN

61. 5 Hip t o,w Aa.s e on 33.pAvut NT wsLt at uAos av See Section F.2 See Section G.3  :

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" " ' v~siW.~6WFfLE TEL ANo oetN CoWiil? 4 4. AccovNisNG AND A**aoPas Al'ON DA T A B&R No.60193004 550,000.00 0 'o u s c 22ca'<" i O .i U s C 2sai n i rIN 02s07 xerN 31x0200.60s 15A ITEM NO 158 $UPPLtES/ SERVICES ISC OUANTITY 150 UNIT 15E UNIT PRICE lif AVOUNT l TN Contractor shall perf0m research entitled, Microcomputer Based Parallel

)rocessing System for Code Computations" in acc with the schedule and the COntracto r's proposal da ordance)ly teo Ju 1 , 1988 which is incorporated herein and rude a part hereO f. l l 8810030342 880928 PDR CONTR This is a fim fixed price contract ,

NRC-04-08-106 PNV ,

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1SC. TOTAL AMOUNT OF CONTR ACT kj$ DV,UUU.UU l 16 TABLE'OF CONTENTS in l$EC l OE SC RIP fiON [ PACE tSJ Vl l$EC l OE SC RIP TION IP AC E (S) l PAnti tHESCHtouLE 6

1. Ant it - CONT R ACT Ct Austs X A I SOLICITATION /CONTR ACT FORM 1 Xl 4 l CONTR ACT CL AUSES l I X B $UPPLIES OR $E PVICES ANO PRtCES/ COSTS 2 pan t ne - test or oocvwE Nis. t u nisit 5 Aho ovat a At t AC

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OESCRIPTION/ SPECS / WORK STATEMENT PACK AGING AND MARKtNG 2

2 Xl J l LIST OF ATTACHME NTS Pant av - atpatstNT AttoNS ANo sNst auc tioNs I ( i X E INSPECTION AND ACCEPTANCE 2 K. REPRESENT ATIONS.CE RTIFICATIONS ANO X F OE LIVE RIES OR PE RFORMANCE OTHER STATEutNTt OF OFFEROR $

2 X 0 CCNTR ACT ADMINt$f R AtlON OA TA 3 L INSTR 5.CONOS . ANO NOTICt 3 TO 05 Fai AORS X

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NRC-04-88-106 PAGE 2 Section B - Supplies or Services and Prices / Costs I

B.1 Brief Description of Work l The contractor shall conduct research entitled "Microcomputer Based i Parallel Processing System for Code Computations".

B.2 Total Fixed Price..................S$0.000.00 Section C - Description / Specifications / Work Statement C.1 Statement of L'ork ,

The work to be perforned and the objectives to be met in this contract shall be in accordance with the contractor's technical proposal in response to the FY 198S Small Business Innovation Research Progr w (fSIP) which is incorporated as Attachment 4. ,

Section 0 - Packaging anc Marking

0.1 The contractor shall use standard commercial packaging for all items to be delivered. On the front of the package, the contractor shall i

clearly identify the contract number under which the product is being*

provided.

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Section E - Inspection and Acceptance l E.1 FAR Citations t

The contractor shall refer to Section I. Clause No. 52.252-2 for >

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citations incorporated by reference.

4 j Section F - Celiveries arc Pertcreance

l F.1 Reports _._ Documentation and Other Deliverable End Items l

a. Letter progress repcrts in three copies to the Project Officer l and one ccpy to the Contracting Officer shall be due by I huverhr 20, 3CE0 ar.c January 30, 1989. l

b. A final report to include the results of the work performed under this contract, shall be sutcitted to the project officer in one camera ready copy and three copies on March 30. 1989. In addition, one copy of the final report shall be submitted to the i Contracting Officer on March 30. 1989.

1 F.2 Place of Delivery i

The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Ccotractor, to: l

1. Copies to Project Officer

U.S. Nuclear Regulatory Comission i

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NRC-04-88-106 PAGE 3 ATTN: Dr. George P. Marino Office of Nuclear Regulatory Research Division of Engineering Technology Mail Step: M .yJ/ l Washirrton, V M555

2. Copies to Contracting Officer: )

U.S. Nuclear Regulatory Comission ATTN: Contracting Officer Division of Contracts and Property Management Mail Stop: P-841 i Washington, DC 20555 I F.3 Duration of Contract Period

• This contreet shall become effective on September 30, 1988 as specified in Block 3 of the SF26, and shall continue to completion thereof, on March 30. 1909. ,

t F.4 FAR Citations The contractor shall refer to Section 1, Clause No. 52.252-2 for citations incorporated by reference. .

Section G - Contract Ad:ninistratloa Data I G1 Technical Direction A. Perfcrmance of the verk under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.2 of this contract. The tenn "Technical Direction" is ,

defined to include the following

1. Technical direction to the Contractor which shifts work f emphasis between areas of work or tasks, requires pursuit

of certain lir.es of inquiry, fills in details or otherwise i i serves to accomplish the contractual scope of work. ,

2. Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the  !;

work description. I'

3. Lsvie. ui.c d(re reovired by the contract, approval of l

technical report 5, drawings, specifications and technical infortatior, tc le delivered by the Contractor to the

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Government under the contract.

B. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and .uy nat issue any Winid dimetie s i . ..i .

, 1. Constitutes an assignment of additional work outside 11,6 ger.cral scope s.f tre contract.

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. l NRC-04-LC-106

.' PAGE 4 I E. Ccnstitutes a change as defined in the clause of the j beneral Provisier:s, entitled "Changes."

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[ 3. In any way causes an increase or decrease in the total r

! price, or the time required for contract performance. l

4. Changes any of the expressed terms, conditions or l specifications of the contract. i l

- C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE i PROJECT OFFICER OR SHALL BE CONFlRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERSAL ISSUANCE. A copy of ,

J said writtt.n direction shall be submitted to the Contracting  ;

l Officer.

1 1 The Contractor shall proceed promptly with the perfomance of  !

! technical directions duly issued by the Project Officer in the  !

1 manne.r prescribed by this article and within such person's  :

authority under the provisions of this article. j

If, in the opinion of the Centractor, any instruction or f I' direction issued by the Project Officer is within one of the t categories as defined in B(1) through (4) above, the Contractor l

, shall not proceed but shall notify the Contracting Officer in  ;

1 writing within five (5) working days after the receipt of any L l such instruction or direction and shall request the Centracting (

Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the  !

Contractor in writing that, in the Contracting Officer's l l

opinion, the technical direction is withir, tFe scop V .i..'. i

article and docs not consticute a change under the Changes  !

Clause.

I j 0, any uri.utbcrired ccnaitment or direction issued by the Project

! Officer may result in an unnecessary delay in the Contractor's i performance, and may even result in the Contractor expending j funds for unallowable costs under the contract, j i I i E. A failure of the parties to agree upon the iature of the  !

! instruction or direction or upon the contract action to be taken i j with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes." l 2

G.2 Project Officer i i

A. The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative  :

1 (hereinafter called Project Officer) for technical aspects of j this contract. The Project Officer is not authorized to approve l

, or regest any action which results in or could mun r: er j increase in contract cost; or terminate, settle any claim or i dispute arisino under the contract, or issue any unilateral i

directive whatever.

NRC-04-88-106 PAGE 5 The Project Officer is responsible for: (1)monitoringthe Contractor's technical pro '

assessment of performance,gress, and recomending including surveillance and to the Contracting Officer changes in re.quiren4nts; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by '

this contract; and (5) assisting the Contractor in the resolution of technicci problems encountered during performance.

Within the purview of this authority, the Project Officer is authorized to review all ccsts requested for reimbursement by Contractors and submit recommendations for approval, disappruval, or suspenslaa for :,upplf(s/scrvicts tequitn ewe the contract. The Contracting Office r it. ii. spun > L u for  !

directing er nesctiating any changes in terms, conditions, or amounts cited in the contract. 3 For guidance from the Project Officer to the Contracter to be

! valid, it must: (1) be cunststent with the description of work set forth in the contract; (2) net constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) net constitute e basis for an extension to the period of performance or centract delivery schedule; and, as stated above, (4) not ccnstitute a basis for any increase in the contract cost.

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b. .iar and Mail Cuae: Dr. George P. Marino Office Address: U.S. Nuclear Regulatory Comission j Office of Nuclear Regulatory Research  :

l Mail Stop NL-007 '

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Washington, DC 20555  ;

(301) 492-3986 G.3 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:  ;

U.S. huclear Regulatory Comission I Division of Accounting and Finance Office of Administration and Resources Management ATTh: G0i/CCM Accounts Section Washington, D.C. 20555. '

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:  !

(1) Name of the business concern and invoice date.

(2) Contract number or other authorization for delivery of property or services. t (3) Lescriptico price and cuantity of property and services actually delivered or rendered.

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. .l NRC-04-83-106 PAGE 6 (4) Shipping and payment terms, t I

-(5) Name (where practicable), titic, phone number, and complete  ;

a,,titrg address of responsible official to whom payment is to be '

Jant.

i (6) Otaar suostantiating cccumentation or information as required by L the contract. I l

G.4 pavent i t

(a) Payment shall be made in the amount of $ 16,666.66 to the f i contractor after receipt of each of the two letter progress  !

reports as required in Section F.1.4. Payment shall not te mace l prior to receipt of said progress reports.

(b) Final payment shall be made in the amount of $16,666.68 to the l l

contractor after receipt of the final report as required in l

Section F.1.b.  !

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! (c) All contractor invcices shall icentify the centract noter stic l l the monthly letter progress report for which payment is clairtu.

(d) If this contract provides fer a directrt. the contract shall indicate the contract's discount terms (Block 9 of Standard Form i

26) on the face page of the invoice.

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Section H - Special Contract Requirements .

f H.1 Key Personnel I

i I ('a ) The following individuals are considered to be essential to the i successful performance of tht work hereunder. I Peter P. Bientarz t The Contractor agrees cius a.cb rersentti slu t i.u !< remevt( fu n  :

l thecontractworkorreplacedwithoutcompliancewithparagraphs(b)  !

ano (c) hereof. t (b) If one or more of the key personnel for whatever reason becorres, t or is expected to become, unavailable for work under this contract  !

for a continuous perioJ occu.ing 30 Wrk days, or is expected to l devote substantially less effort to the work than indicated in the L proposal or initially anticipated, the Contractor shall imediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications, 1 i

(c) All requests for approval of substitutions hereunder must I i

be in writing and provide e deteiled exploriation of the 1

NRC-044b-1CC PACE 7

,L circumstances necessitating the proposed substituticns. They n,ust contain 4 complete resusse for the proposed substitute, and other ,

information requested by the Contracting Officer or needed by him to approve or disapptcse the proposed substitution. The Contracting  ;

Officer or his authorized representative will evaluate such requests t and promptly notify the Contractor nf his 4ppNVdl o" dis 3Dproval thereof in writing.

(u) If tt,v Cuitt:cting f'istu u ti.rcim Wt suitable erc tirely replacement of key personnel who have been reassigned, terminated or l

have otherwise become unavailable for the contract scrk is not '

reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as te ir.pir (14 nc:c"fd ccci,letion of the contract or the service order, the contract may be teminated by the Contractir.g Officer for default or for the convenience of the  !

i Government, as appropriate, or, at the discretion of the Centracting Officer if he finds the Contractor at fault for the condition, the ,

centract Fritt or fixed fed may be equitably adjusted downward to  ;

ccepensatt the Gcytrnrent for any resultant delay, loss or damage.

H.2 Safety. Health, and Fire Protection t

( The Contractor shall take all reasonable precautions in the i l performance of the work under this contract to protect the health and i

safety of employees anc cf nerbers of the pLitc u t tc rinimize I danger from all hazards to life and property and shall comply with i all health, safety, and fire prottction regulatiers ar.c requirements "* ;;

(including reporting requirerents) of the Comission and the Department of Labor. >

In the event that the Contractor fails tc l coa. ply with said regulations or requirements, the Contracting Of tutt-l may, without prejudice to ny citer legal or contractual rights of the Comission, issue an order stopping all or ary part of the work; )

thereaf ter, a start ordte fo* *c5Jagiw v. S.rl rey te isstte at the oiscretien of the Contracting Officer. The Contractor shall make ro claim for an extension of tire or for cos,pensation or damages by reason of or in connection with such work stoppage.

H.3 Dissemination of Contract Information (OMB/ Clearance Number 3150-0112)

The Contractor shall not publish, permit to be ptlished, or disseminate to the public any inferration, oral or written, concerning the work performed under this contract without the prior written consent of the Contracting Officer. Two copies of any informoticn prort:d w us puinld cr disseminated shall be sut,mitted to the Contracting Officer. Failure to comply with this  !

clause shall te grouncs for termination of this contract, i t

j H.4 I Private Use of Contract Information and Data (March,1987) l Except es specifically auttorueu by .his contrut, or as otherwise approved by the Contracting Officer, informaticn and other data developed or ecquirtd by or furnished the Contractor in the i

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NRC-04-88-106 PAGE 8 perfomance of this contract, shall bc used only in connection with the work uncer this contract.

I H.S Drawings, Designs, and Specifications All drawings, sketches, designs, design data, specifications, l

notebooks, technical and scientific data, and all photographs, l negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject '

I to inspection by the Comission at all reasonable times (for which inspecticn the n o r f&cilitier 51.41*. be af f orded the Comission by l

the Contractor and its subcontractors), shall be the prcprty of the Guvernment anc n.ay be used by the Gosernment for ary purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional cerrpensation and shall, i subject to the right of the Contractor to retain a ccpy of said  !

material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting ,

Officer may frem time to titre direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of infomation provisions, if any, of this contract.

H.C Proprietary Data and Confidential Infomation '

In connection with the performance of the w ek JaJ a U.f: vtrert ,

the Contractor may be furnishec, or rey ent-lop or acy.trt.,

proprietary date (trcdc recret:) u t.oi.11ce.r,titi er prir.itstu ,

technical, business, or financial infomation, including Comission l plans, policies, reports, fimeial ;.;,,i 3, 1.u.rnal data prc Mieu by ,

the Privacy Act of 1974 (P.L.93-579), or other information which has 1 l not been released to the public or has been detemined by the '

Comission to be othemise exerpt from disclosure to the public.

Contractor agress to hcle such ir.ftivi.ation in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in cart to any other person or organization except as may be necessary to perform the work under this contract.

Centractcr agrt et to return such information to the Comission or otherwise dispose of it either as the Contracting Officer may from time to time direct darin; 9e pretre:: ct the work or in any event as the Contracting Officer shall oireet upon completion or termination of th.s centract. Failure to cottply with this clause theil be grounds for termination of this contract.

F.7 Crnntar Orgama wral (coflicts of Interest (OMB Clearance Number 3150-0112)

(a) Purpose. The primary purpose of this clause is to aid in )

ensuring that the Contractor: (1) 15 not placed on a conflicting role because of current or planned interest (financial, contractual. l organizational, or otherwise) which relate to the work under this I contract, and (2) does rot obtain an unfair competitive edsantage i

NRC-04-88-106 PAGE 9 over other parties by virtue of its perfomance of this contract, i (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defin(d in 41 CFR

. 520-1.5402(f) in the activitics etwrru. by thu, t.ite:r. i (c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Centractor agrees to forgo entering into consulting or other contractual arrangements with ,

any firm or orgunizat.icle, the result cf thich na) she rise to a conflict of interest with respect to the work being perforined under

, this contract. The Contractor shall ensure that all employees who i are employed full time under this contract and employees designated as key personnvi, 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 firin or organization may involve a potentiel  ;

ccnflict of interest, the Contractor shall obtain the written  !

approval of the Contracting Officer prior to execution of such contractual arranger.ar.t.

(d) Disclosure after award. *

(1) The Contre.ctor wcrrants that to the best of its knowledge and belief and except as otherwise set forth in this contract,  :

i it does r.ct hm <. .y creani:".civi.d ccidlicts of interest, as definedin41CFR20-1.5402(a).

(2) The Contractor agrees that if after award it discovers

organizational conflicts of interest with respect to this i

! contract, it shall make an immediite and full disclosure in l writing to the Contracting Officer. This statement shall i include a descriptien of the action which the Contractor has i i taken or proposes to take to avoid or mitigate such conflicts. '

The NRC cay, howavar. terminata tne contract for carivenience if it deems such termination to be in the t,tst interests e,f the Goverrvatnt, i

(t) Accen it u.c m s f it it'rra tien.

1 (1) If the Contractor in the perforvance of this contract

. obtains access to infeiretien, such as NRC plans, policies, l reports, studies, financial plans, internal data protected by l the Privi.cy Act of 1574 (Pub. L.93-579), or data which has not i been released to tre public, the Cuntractor agrees not to:

i (i) Use such inforvation for any private purpose until the inforvation has been released to the publici l (ii) ewpete for work for t.ae Lw s.9 r b rd t r t u t

. infortration for a period of six (6) months after either the completion of this contract or toe rele m of such information to the public, whichever it first; I

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NRC-04-88-106 t

. PAGE 10 (iii) submit an unsolicited proposal to the Government based on such information until one year after the  !

release of such infcteat1(n to the public, cr  ;

j (iv) rel(ase the inforrr.ation without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

(2) In addition, the Contractor agrees that to the extent it l receives ur is givi:n access to proprietary data, data protected i

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 j information.

(3) The Contractor shall have, subject to patent and security pri> visions of this contract, the right to use technical data it produces uMsr inis u.:r:ct & ,m ia;.: p1.-) ) ; n e'w ' ' . . . .. i all recicirmrte c' tM:, w...v;t hwe ben net. 3 (f) ht c cr t re ets. Lxcept as provided in 41 CFR 20-1.5402(h), the '

Contractor shall include this clause, including this paragraph, in i subcontracts of any tier. The terms "contract " "Contractor," and l "Contracting Officer." shall be appropriately modified to preserve {

the Government's rights.

1 (5) Remedies. For breach of an, of ti.t (t(se prescriptions or for L intentional nondisclosure or misrepresentation of any relevant  !

interest required to be disclosed concerning this ccr. tract or for l i

such erroneous representations as necessarily imply had faith, the f i

Government r.ay terninate the con ract fer defeuit. Lingelify the j Contractor from subsecuent ccr.tractu61 (f fortr. m. Ju. sue uttti remdies n s.sy Lt rcrmitted by law or this contract.  !

i (h) Waiver. A request for waiver under this clause shall be i directed in writing through the Contracting Officer to the Executive i j

Director for Operations (E00) in accordance with the procedures i

outlined in 620-1.5411. 52.232-25 "Prompt Payment", Alt. 2. Feb.

1988 in full text. Government Furnished Property - none provided i clause.

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NRC-04-8 8-106

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H. 8 GOVERNMENT (Har 1987)

FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED i 3 \

notwithstanding any provisions of the specification (s) to theThe Governm ,

contrary.  ;

' (End of Clause)

H.9 ,

j PROMPT PAYMENT (52.232-25) (FEB 1988) i 1 ALTERNATE 11 (FEB 1988)

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4 Notwfthstanding any other payment clause in thfs contract, the Government will make invoice payments and contract financing  :

payments under the terms and conditions spectf ted in this clause. i Payment shall be considered as being made.on the day a check is ,

dated or an electronic funds transfer is made. Definitions of i

j pertinent terms are set forth in 32.902. All days referred to in  ;

this clause are calendar days, unless otherwise specified. j i

(a) Invoice payments  ;

i (1) For purposes of this clause, "invoice payment" means a j

Government disbursement of monies to a Contractor under a contrac or other authorization for suppites or services accepted by the 3 Government. This includes payments for partial delivertes that have  !

been accepted by the Government and final cost or fee payments where [

Contractor. amounts owed have been settled between the Government and th l 1 (2) Except as indicated in subparagraph (a)(3) of this clause,  !

i

{ the due date for making invoice payeentf by the designated payment office shall be the later of the following two events: j i

, (1) The 30th day after the designated billing office has received a proper invoice from the Contractor.

i (11) The 30th day after Governrent acceptance of suppites delivered or services performed by the Contractor. On a final I invoice where the payment amount is subject to contract settlement

< actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(3) The due date on contracts for meat and meat food products, contracts for pertshable 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 1 Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. j 182(3)) and further defined in pub. L 98-181 to include poultry, l

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MC 04-88106 l

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i poultry products, eggs, and egg products, will be as close as I possible to, but not later than, the 7th day af ter product delivery. ,

(II) The due date for perishable agricultural commodities, as defined in Section 1(4) of the perishable Agricultural Commodities j i

Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, I but not later than, the 10th day af ter prodect delivery, unless another date is specified in the contract.  ;

(iii If the contract does not require submission of an invoice i for paym)ent specified in the contract.

(e.g., periodic lease payments), the due date will (4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services l performed. An invo'ce shall be prepared and submitted to the designated billing officer specified in the contract. A proper invoice(a)(4 through must include the items listed in subdivisions (a)(4)(1)  !

with these req)u(viii) of this clause. If the invoice does not comply j irements, then the Contractor will be notified of the  !

defect within 15 days af ter receipt of the invoice at the designated '

billing office (3 days for meat and meat. food products and 5 days for perishable agricultural commodities). Untimely notification will i

be taken into account in the computation of any interest penalty ,

owed of thisthe Contractor in the manner described in subparagrpah (a)(f) clause.

i (1) Name and address of the Contractor.

(ii) Invoice date. l (111). Contract number or other authorization for supplies delivered or services performed (including order number and sentract l line item number). (tv) Description, i price, and extended price of suppites, quantity, unit of measure, unit  ;

performed. delivered or services i n t (v) Shipping and payment terms (e.g., shipment number and date of [

shipment, prompt payment discount terms). Bill of lading number and wefght of lading. of shipment will be shown for shipments on Government bills  !

j (vi) Name and address of Contractor official to whom payment is '

to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vil) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.

(v111) 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 wtthin 15 days af ter the due date (3 days for meat and meat

. l NRC-Oa-8 8-106 PAGE 13 food products and 5 days for pertshable agricultural commodities) and the following conditions are met, if applicable:

invoice was received by the designated billing office.(1) A proper (11) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, or condition. quality, or contractor compliance with any contract term (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the between the Government and the Contractor. amount was not subject t '

(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in ef fect on the payment date except where th* interest penalty is prescribed by other ,

governmental authority.

This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments -

inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will ,

be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30 day period if the designated billing office failed to notify the contractor of a

) i of thfs clause, then the due date on the corrected invoice i adjusted by subtracting the nu*ber of days tanen beyond the j prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment of fice for errors in calculating interest penalties, if requested by the Contractor.

(1) For the sole purpose of computing an interest penalty that 8

might be due the Contractor, Government acceptance shall be deemed j

Contractor delivered the supplies or perforced the services  !

there is a disagreement over quantity, quality, or contractorac I compliance with a contract provision. In the evert that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or prior to fulfilling their responsibilities. services, perform contract admi determination of an interest penalty:(11) The following periods of . tim (A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not esceed 15 l

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. NRC-04 C-106  !

PAGE 14 days (3 days for meat and n: eat food products and 5 days for perishable agricultural commodities).

(C) The period between the defects notice and resubmission of the corrected invoice by the Contractor.

(iii) Interest penalties will not continue to accrue after the ,

filing of a claim for such penalties under the Otsputes clause or forpaid.

more than 1 year, interest penalties of less than $1.00 need not  :

be t 4

(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that say be payable, will be resolved in accordance with the Otsputes clause.

(7) An interest penalty shall 4150 be paid automatically by the designated payment of fice, without request from the contractor, if 2

an improperly taken discount for prompt payment was not corrected

within 15 days af ter the expiration of the discount period (3 days for meat and meat food products and 5 days for perishable agricultural commodities). The interest penalty will be calculated .

as described in paragraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the '

end of the discount period through the date when the contractor is paid, i

fb) Contract Financing payments I

(1) Tor purposes of this clause, "contract financing payment" '

means a Government disbursement of monies to a Contractor under a '

contract clause or ot.her autherf ration, prior to acceptance of supplief or services by the Government. Contract financing payments include advance payments, progress payments based on cost under the

{ clause at 52.232-16, Progress Payments, brogress payments based on a percentage or stage of completion (32.102(e)(1)) other than those l made under the clause at 52.232-5, Payments Undar Fised-Price Construction Contracts, or the clause at 52.232-10 Payments Under Fixed-Frice Architect-Engineer Contracts, and interim payments on cost type contracts,  ;

i (2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as j

< specified in this contract or as directed by the Contracting Officer. Contract financing paysents snall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th i

. day) day af ter receipt of a proper contract financing request by the i designated billing of fice. In the event that an audit or other I review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated due payment office is not ccmpelled to make payeent by the date specified, i

NRC-04-88-106 PAGE 15 (3) For advance payments, loans, or other arrangements that do net involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(4) Contract financing payments shall not be assessed an interest penalty for payment delays.

,'c) Electronic Funds Transfer.

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! Fayments under this contract will be made by the Government either by check or electronic funds transfer (through the Treasury Financial Comniunications System (TFCS) or the Automated Clearing

! House (ACH)), at the option of the Government. Af ter av td, but no later than 14 days before an invoice or contract financ ng request is submitted, the contractor shall designate a financial institution for receipt of electronic funds transfer payments. The Contractor shall submit this designation to the Contracting Officer or other Goverament official, as directed.

(1) For payment through TFCS, the Contractor shall provide the l following information:

(i) Name, address, and telegraphic abbreviation of the financial institution receiving payment. .

(10) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.

(iii) Payee's account number at the financial 'nstitution where

, funds are to be transferred.

! (iv) If the financial institution does not have access to the

! Federal Reserve Communications System' name, address, and I

i telegraphic abbreviation of the correspondent financial institution through which the financial institution' receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.

(2) Forinformation:

following payment through ACH, the Contractor shall provide the i

' (1) Routing transit numbers of the financial institution receiving payment (same as American Bankers Association identifying number used for TFCS).

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(11) Number of account to which funds are to be deposited.  !

i f (iii) Type of depositor account ("C" for checking, "S" for savings).

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(iv) If the Contraw is a new enrollee to the ACH system, a I

"Payment Information ~9re " TFS 3881, must be completed before -

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, NRC-04-8 8-106  !

PAGE 16 l payment can be processed. i (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 specified above must be received by the appropriate Government off tetal 30 days prior to the date such change is to become effective.

(4) The documents furnishing the information required in this "

paragraph (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's nam and contract number.

(5) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

(End of clause) 9 A

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- NRC-04-88-106 4

PAGE 17 PART II - CONTRACT CLAUSES .

Section I - Centract Clauses 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)

This contract incorporates the following clauses by reference, with the some force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (AFE15E4)

Section F j 52.212-13 STOP-WORK ORDER. (APR 1984)

Section I 1 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIA'.S NOT TO BENEFIT. P'? 1984) 52.203-3 GRATulTIES. (APR 1984) 52.203-5 C0VENANT AGAINST CONTINGENT :S. (APR 1984)

I 4 52.215-1 EXAMINATION OF RECCROS BY COMPTROLLER GENERAL. (APR 1984) 52.215-33 ORDER OF PRECEDENCE. (JAN 1986)

. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN 1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES, (AUG 1986) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES, (APR 1984) 4 i 52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL GPPORTUhlTY. (APR 1984) 52.222-35 AFFIkMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETEPAh5 (APR 1984) 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(APR1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984)--Alternate I. (APR 1984) 1 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (Sh0RT FORM).

(APf!1984) 52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIOFE CF.FL'ERIC i

RICO.(APR1984) 52.232-1 PAYMENTS. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1984) 3 52.243-1 CHANGES--FIXED-PRICE. (AUG 1987)--Alternate 5. (APR 1504)

52.246-25 LIMITATION OF LIABILITY--SERVICES. (APR 1984)

! 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS. (APR 1984)

,- NRC-04-88-106 PAGE 18 Section I - Contract Clauses 52.252-2 CLAUSES II: CORP 0 RATED BY REFERENCE. (APR 1984) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FCRM). (APR 1984) 52.249-8 DISPUTES.

52.233-1 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR1984)

(APR 1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE C0VERhl4El;T.

(JUL 1985) 1 52.203-7 ANTI-KICKBACK PROCEDURES. (FEB 1987) 52.232-8 DISCOUNTS FOR PRCMPT PAYMENT.(JUL 1985) 52.233-3 PROTEST AFTER AWARD. (JUN 1985) )

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NRC-04-88-106 PAGE 19 PART 111 - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1

1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) l 2

NRC Manual Chapter 3202 )

3 Billing Instructions for Fixed Price Contracts 4  !

Contractor s technical proposal in response to the FY 1908 Small Business Innovation Research Program (SBIR) entitico "hicrocuputer Based Parallel Processing System for Code Computations",

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