ML20196B539

Contract: Its End User Support Svcs (Interim), Awarded to Wordpro,Inc

ML20196B539
Person / Time
Issue date:	01/19/1988
From:	Hagan T, Howard J NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), WORDPRO, INC.
To:
Shared Package
ML20196B537	List: ML20196B533 ML20196B539
References
CON-FIN-D-1399, CON-NRC-39-88-214 NUDOCS 8802110400
Download: ML20196B539 (55)

Text

- _ _ _ _ _ _ _ _ _

Paga 1 o ..

A OMB No. 0505-0005 Expiration Date: 05/3i/88

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)

1. RATING: N/A

2. CONTRACT NC. 3. EFFECTIVE DATE 4. REQUISITION / PROJECT NO.

NRC-39-88-214 12/17/87 ARM-88-214

5. ISSUED BY Code: 6. ADMINISTERED BY Code:

(If other than Item 5)

U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Division of Contracts Division of Contracts (AR-2223)

Mail Stop AR-2223 Contract Administration Branch Washington, DC 20555 Washington, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY Wordpro, Incorporated ( ) FOB ORIGIN 250 Hungerford Drive ( ) OTHER Suite 109 (See Section F)

Rockville, MD 20850 9. DISCOUNT FOR PROMPT PAYMENT N/A Duns Code: 095355954 Facility Code:

10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 12

11. SHIP T0/ MARK FOR 12. PAYMENT WILL BE MADE BY

) Code: U.S. Nuclear Regulatory Commission If applicable, Division of Accounting and Finance see Section D GOV /COM Acounts Section of the Schedule ' Washington, DC 20555 Code:

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) ( )

14. ACCOUNTING AND APPROPRIATION DATA B&R No. 40-20-09-25 FIN No. 01399 APPN No. 31X0200.408 Obligate: S62,000.00 15A. ITEM ISB. SUPPLIES / ISC. QUANTITY 150. UNIT 15E. UNIT 15F. AMOUNT NO. SERVICES PRICE The U.S. Nuclear Regulatory Commission (NRC) hereby accepts Wordpro, Incorporated's Technical and Cost Proposals dated November 23, 1987, as revised December 10, 1987, which are incorporated herein by reference and made a part hereof, for "ITS End User Support Services."

15G. TOTAL AMOUNT OF CONTRACT S90,494.62 APPROVED BY GSA/0!RM 6/85 STANDARD FORM 26 (Rev 4-85)

FAR(48CFR)53.214(a) 8002110400 '300119

-3 -214 PDR

PAGE 2 AWARD / CONTRACT s

16. TABLE OF CONTENTS PART/SECTION DESCRIPTION PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS ,,

PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS ,

PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS CONTRACTING OFFICER L T IOMPLETE ITEM 17 OR 18 AS APPLICABLE

17. (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contrac'.or is required to sign this document and return 3 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be sub. ject to and governed by the following documents: (a) this award / contract (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein. (Attachmentsarelistedherein.)

18. () AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.

19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or print)

Hm thy F. Hagan

.4 w L //. um r:em Aye 208. U T-19B. NAME OF CONTRACTOR by Y , f / d M /n i f ~~

(Signat p of person authorized to sign) 1Signat6/e' of' Confractth Officer) 19C. DATE SIGNED 20C. DATE G 0

/f$ff/ ll EXCEPTION TO STANDARD FORM 26

' /

APPROVED BY GSA/0!RM 6/85

o

"~ '

PAGE 3 s, ,e,. ,

- t, c

we psN ,

s, -

\

D \ g s ,

s 74 s ,x -

• NOTE: n.-/

2 The following clauses are deleted in their entiret$y. from the solicitation and are replaced by the following clauses? / ,

s' ,m

'Y ,.

N \

j se "

D

/

N.A o K2  ?

A . ~% ")

% ,/

, sf4/ ,.s ,

'S . f sY ,

4

1. ' \ ,

o y

-l y, m  %

e 4 g o

T % %

y' 'm e

.e*

l f s _,s 'v

/

\ <

W 9 v.

6A O- .,

,/

j F

6e t

%e 9

'.f ' '

qW 'N

\

r , ~%' ' :* d ,~ i

/ ,

ar e .[

r V

1

[

E '

w= g '

,o / ,

,.s

/'

M t l

r s

e

PAGE 4 NRC-39-88-214 Section B SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.2 CONSIDERATION AND 081.IGATION--COST PLUS FIXED FEE (MAR 1987)

'a. 'It is estimated that the total cost to the Government for full performance of this contract will be $90,~494.62, of which the sum of $83,791.32 represents the estimated reimbursable costs, and s.

of which $6,703.31 represents the fixed fee.

b. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate -

of cost for performance of the work under this contract and the actual cost performance of that work,

^

c. The amount presently obligated by the Government with respect to this contract is $62,000.00.

(End of Clause) e e

o * --

v- , y m w-

PAGE 5 NRC-39-88-214 Section F SECTION F - DELIVERIES OR PERFORMANCE F.5 PLACE OF DELIVERY--REPORTS (MAR 1987)

-The ',tems to be furnished hereunder shall be delivered, with all-charges paid by the Contractor, to:

a. Project Officer (1 copies)

U.S. Nuclear Regulatory Commission Contract Number: NRC-39-88-214 Office of Administration and Resources Mgmt Division of IRM/DISS Mail Stop: P-808 Washington, D.C. 20555

b. Contracting Officer (1 copy)

U.S. Nuclear Regulatory Commission Contract Number: NRC-39-88-214 Division of Contracts Centract Administration Branch Mail Stop: AR-2223 Washington, D.C. 20555 (End of Clause)

F. 6 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence ~on 12/17/87 and will expire on 03/16/88.

(End of Clause)

PAGE 6 NRC-39-88-214 Section G s

.~

SECTION G - CONTRACT ADMINISTRATION DATA c

G.1 INDIRECT RATES (MAR 1987)

a. Pending the establishment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:

CATEGORY RATE (%) COST BASE APPLICABLE PERIOD Overhead 87% Dir. Labor (DL) Thru 3/16/88 Fringe Benefits N/A N/A N/A G&A 17% DL & Overhead N/A

b. The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor. It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation of Cost or 52.232 Limitation of Funds ,

as applicable, if such change (s) affect (s) performance of work within the established cost or funding limitations.

(End of Clause)

G.2 PROJECT OFFICER AUTHORITY (MAR 1987)

a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:

Name: Karen VanDuser Address: 7920 Norfolk Avenue Room P-808 Bethesda, MD 20814 Telephone Number: 492-8310

b. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer. The term "Technical Direction" is defined to include the following:

, 1) Technical direction to the Contractor which shifts l work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.

l l

PAGE 7 NRC-39-88-214 Section G s

F ..

2) Providing advice and guidance to the Contractor in the j preparation of drawings, specifications or technical portions of the work description.

3) Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

c. Technical direction must be within the general statement of  ;

work stated in the contract. The Project Officer does not have the i authority to and may not issue any technical direction which: '

1) Constitutes an assignment of additional work outside the general scope of the contract.

2) Constitutes a change as defined in the "Changes" clause of this contract.

3) In any way causes an increase or decrease in the total estimated contract. cost, the fixed fee, if any, or the time required for contract performance.

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

5) Terminates the contract or settles any claim or dispute arising under the contract, or issue any unilateral directive whatever.

d. All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days after verbal issuance. A copy of said written direction shall be submitted to the Contracting Officer,

e. The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause.

f. If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Office- in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon. receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.

g. Any unauthorized commitment or direction issued by the

PAGE 8 NRC-39-88-214 Section G Project Officer may result in an unnecessary delay-in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract.

h. A failure of the parties to agree upon the nature of the ir. .cruction or direction or upon the contract action to be taken wi'.h respect thereto shall be subject to 52.233 Disputes.

i. In addition to providing technical direction as defined above, the Project Officer is responsible for:

1)- Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.

2) Assisting the Contractor in the resolution of technical problems encountered during performance.

3) Reviewing all costs requested for reimbursement by Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

(End of Clause) i i

1 l

L

PAGE 9 NRC-39-88-214 Section H 6

SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (MAR 1987)

a. The following individuals are considered to be essential to the successful performance of the work hereunder.

Deborah A. Dougherty Gregory R. Copp Clifton J. Parrott The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with

• paragraphs b and c hereof.

b. If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

c. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They contain a complete resume for the proposed substitute, and other

information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.

l d. If the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or l

l l 2) That the resultant reduction of effort would be so l substantial as to impair the successful completion of the contract

! or the service order, the contract may be terminated by the i Contracting Officer for default cr for the convenience of the i Government, as appropriate. If the Contracting Officer finds the l Contractor at fault for the condition, the contract price or fixed l fee may be equitably adjusted downward to compensate the Government i for any resultant delay, loss or damage.

l

PAGE 10 NRC-39-88-214 Section H (End of Clause)

H.5 SECURITY (a) In the performance of the work under this contract, the contractor shall, in accordance with Nuclear Regulatory Commission (NRC) security regulations and requirements, be responsible for safeguarding Sensitive Information and protecting against unauthorized disclosure, loss, and theft, the Sensitive Information in the contractor's possession in connection with the performance of work under this contract. The contractor agrees to comply with all security regulations and requirements of the NRC. Except as otherwise expressly provided for in this contract, the contractor shall, upon completion or termination of this contract, transmit to the NRC any Sensitive Information in the possession of the contractor or any person under the contractor's control in connection with performance of this contract.

(b) Definition of Sensitive Information. The term "Sensitive Information" includes proprietary information, safeguards information, Naval Nuclear Propulsion Information, and other information withheld from public dissemination under the Freedom of Inforr..ation Act, Privacy Act or Atomic Energy Act, and information not exported to foreign countries or prohibited to be disclosed to foreign countries. It also includes sensitive unpublished and otherwise unavailable fuel cycle information relating to the technology of enrichment or processing.

(End of Clause)

PAGE'11.

NRC-39-88-214 Section H

=

The following full text clauses are added to this contract:

G.7- AUDIT Notwithstanding Section G.1, the indirect rates reflected under this contract are hereby established as ceilings, subject to downward adjustment based on audit of actual costs incurred.

-(End of Clause)

H.9 CONSULTANTS AND BACKUP PERSONNEL The contractor shall obtain the approval of the NRC Project Officer prior to the utilization of any consultant services or backup personnel for purposes of performance under this contract.

(End of Clause) .

i

Page 1 SOLICITATION, 0FFER AND AWARD OMB No. 0505-0005 Expiration Date: 05/31/88

1. TITLE: ITS End User Support Services l 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RS-ARM-88-214 Negotiated (RFP)

5. DATE ISSUED 6. REQUISITION / PURCHASE N0.

11/19/87 ARM-88-214 l 7. ISSUED BY 8. ADDRESS OFFER TO l

All proposals should be addressed U.S. Nuclear Regulatory Commission as indicated in Block 7, however, Division of Contracts handcarried proposals (including Mail Stop AR-2223 Express Mail) must be delivered Washington, DC 20555 to the address in Block 9.

NOTE: In sealed bid solicitations, "offer and offeror" mean "bid and bidder".

SOLICITATION

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if handcarried, in the depository located in Room 2223, Second Floor, 4550 Montgomery Avenue, Bethesda, Md. 20814, until 10:00 A.M. local time on 11/23/87 CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION CALL: A. NAME: Cindy M. Fleenor B. TELEPHONE N0.: (301) 492-4741 (No Collect Calls)

11. TABLE OF CONTENTS PART/SECTION DESCRIPTION PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION /SPECIFICA' IONS / WORK STATEI .NT D PACKAGING AND MARKIO E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS l PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS M EVALUATION FACTORS FOR AWARD EXCEPTION TO STANDARD FORM 33 STANDARD FORM 33(REV-4-85)

APPROVED BY GSA/0lRM 6/85 FAR(48 CFR) 23.214(C)

PAGE 2 I c

SOLICITATION, 0FFER AND AWARD 0FFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the-undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days .__ Calendar days

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO DATE AMENDMENT NO DATE 15A. NAME AND ADDRESS OF 0FFER0R 16. NAME AND TITLE OF PERSON DUNS Code: Facility: AUTHORIZED TO SIGN OFFER i 158. TELEPHONE NO. (Include Area Code) 15C. ( ) CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE--ENTER SUCH ADDRESS IN SCHEDULE

17. SIGNATURE: 18. OFFER DATE:

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

( ) 10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c)( )

l l 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25:

(4 copies unless otherwise specified) l 24. ADMINISTERED BY 25. PAYMENT WILL BE MADE BY I

(If other than Item 7) l U.S. Nuclear Regulatory Commission

! Division of Accounting and Fin 1nce l GOV /COM Acounts Section Washington, DC 20555

26. NAME OF CONTRACTING 0FFICER 27. UNITED STATES OF AMERICA 28. AWARD DATE i (Type or Print) l (Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.

EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/0IRM 6/85

TABLE OF CONTENTS PAGE SOLICITATION, 0FFER AND AWARD. . . . . . . . . . . . . . . . . . . . 1 TABLE OF CONTENTS. . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . 7 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987). . . . . . . . . . . . 7 B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE . . . . . 7 (MAR 1987)

SECTION C - DESCRIPTION / SPECIFICATION. . . . . . . . . . . . . . . . 8

/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987). . . . . . . . . . . . . . . . 8 C.2.............................. 8 SECTION D - PACKAGING AND HARKING. . . . . . . . . . . . . . . . . . 12 D.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . 12 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . 13 E.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 13 (FAR 52.252-2) (APR 1984)

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . 13 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . 14 F.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 14 (FAR 52.252-2) (APR 1984)

F.2 PREPARATION OF TECHNICAL REPORTS (MAR 1987) . . . . . . . . 14 F.3 TECHNICAL PROGRESS REPORT (MAR 1987). . . . . . . . . . . . 14 F.4 FINANCIAL STATVS REPORT (MAR 1987). . . . . . . . . . . . . 15 F.5 PLACE OF DELIVERY--REPORTS (MAR 1987) . . . . . . . . . . . 15 F.6 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 16 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . 17 G.1 INDIRECT RATES (MAR 1987) . . . . . . . . . . . . . . . . . 17 G.2 PROJECT OFFICER AUTHORITY (MAR 1987). . . . . . . . . . . . 17 G.3 METHOD OF PAYMENT (MAR 1987). . . . . . . . . . . . . . . . 19 G.4 PAYMENT DUE DATE (MAR 1987) . . . . . . . . . . . . . . . . 20 G.5 INTEREST ON OVERDUE PAYMENTS (MAR 1987) . . . . . . . . . . 21 G.6 REMITTANCE ADDRESS (MAR 1987) . ............. 21 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . 23 H.1 KEY PERSONNEL (MAR 1987) . . . . . . . . . . . . . . . . . . 23 H.2 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987). . . . . . 24 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) . . 24 H.4 DRAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987). . . . . . 24 H.5 SECURITY (MAR 1987) . . . . . . . . . . . . . . . . . . . . 25 H.6 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST , . . . . . 27 (0MB CLEARANCE NUMBER 3150-0112) (MAR 1987)

H.7 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . . 28 (MAR 1987)

H.8 GOVERNMENT RIGHTS IN COMPUTER SOFTWARE . . . . . . . . . . . 29 PART II - CONTRACT C LAUS ES . . . . . . . . . . . . . . . . . . . . . 31 SECTION I -

CONT RACT C LAV S ES . . . . . . . . . . . . . . . . . . . 31

TABLE OF CONTENTS PAGE I.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 31

^ (FAR 52.2E'-2) (APR 1984)

I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 32 I.3 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984). . . 34 PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . 43 AND OTHER ATTACHMENTS SECTION J - L1ST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . 43 J.1 ATTACHMENTS (MAR 1987). . . . . . . . . . . . . . . . . . . 43 PART IV -

REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 44 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . 44 OTHER STATEMENTS OF 0FFERORS K.1 CONTINGENT FEE REPRESENTATION AND . . . . . . . . . . . . . 44 AGREEMENT (FAR 52.203-4) (APR 1984)

K.2 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987) . . 44 K.3 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984) . . . . . 45 K.4 SMALL BUSINESS CONCERN REPRESENTATION . . . . . . . . . . . 45 (FAR 52.219-1) (MAY 1986)

K.5 SMALL DISADVANTAGED BUSINESS CONCERN. . . . . . . . . . . . 45 REPRESENTATION (FAR 52.219-2) (APR 1984)

K.6 WOMEN-0WNED SMALL BUSINESS REPRESENTATION . . . . . . . . . 46 (FAR 52.219-3) (APR 1984)

K.7 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. . . . . . . . . 46 (FAR 52.220-1) (APR 1984)

K.8 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . 47 (FAR 52.222-21) (APR 1984)

K.9 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . 48 (FAR 52.222-22) (APR 1984)

K.10 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . 48 (FAR 52.222-25) (APR 1984)

K.11 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987) . . . . . . 48 K.12 CERTIFICATION REGARDING DEBARMENT STATVS (MAR 1987) . . . . 50 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . 51 TO OFFER 0RS L.1 SOLICITATION PROVISIONS INCORPORATED BY , . . . . . . . . . 51 REFERENCE (FAR 52.252-1) (APR 1984)

L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984). . . . . . . . . 51 L.3 SERVICE OF PROTEST (FAR 52.233-2) (JAN 1985). . . . . . . . 52 L.4 LEVEL OF EFFORT (MAR 1987). . . . . . . . . . . . . . . . . 52 L.5 ESTIMATED DURATION (MAR 1987) . . . . . . . . . . . . . . . 52 L.6 ACCEPTANCE PERIOD (MAR 1987). . . . . . . . . . . . . . . . 52 L. 7 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION . . 53 (MAR 1987) ALTERNATE I (MAR 1987)

L.8 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (MAR 1987) 53 L.9 DISPOSITION OF PROPOSALS (MAR 1987) . . . . . . . . . . . . 53 L.10 PROPOSAL PRESENTATION AND FORMAT (MAR 1987) . . . . . . . . 54 L.11 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987). . 56 L.12 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987). . 56 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . 57 M.1 SOLICITATION PROVISIONS INCORPORATED BY , . . . . . . . . . 57

TABLE OF CONTENTS PAGE REFERENCE (FAR 52.252-1) (APR 1984)

M.2: CONTRACT- AWARD AND EVALUATION OF PROPOSALS. - (MAR 1987). . . 57 M.3 EVALUATION CRITERIA (MAR 1987). . . . . . . . . . . . . . . 58 M.4 EVALVATION CRITERIA . . . . . . . . . . . . . . . . . . . . 58 1

F t

t

PAGE 6 F

0FFER0RS/ BIDDERS PLEASE NOTE:

An (*) means the information is to be incorporated into any resultant contract.

l l

l l

l 1

PAGE 7 RS-ARM-88-214 Section B SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)

The contractor shall furnish the necessary personnel, materials, equipment, and facilities to provide end-user computing support services to users of NRC microcomputers and NRC users of the National Institutes of Health Computer Facility (NIH/DCRT).

(EndofClause)

B.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (MAR 1987)

a. It is estimated that the total cost to the Government for full performance of this contract will be * , of which the suru of

• represents the estimated reimbursable costs, and of which represents the fixed fee.

b. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.

c. The amount presently obligated by the Government with respect to this contract is *

(End of Clause) l L

l l

[

l l

PAGE 8 RS-ARM-88-214 Section C SECTION C - DESCRIPTION / SPECIFICATION

/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)

C.2 C.1.1. BACKGROUND The United States Nuclear Regulatory Commission's (NRC) '

headquarters are located in several different buildings within the Washington D.C. metropolitan area. The locations of these buildings, as well as NRC's regional offices, are shown in Table 1.

The NRC will begin consolidating at the agency's White Flint North facility in December 1987.

The Information Technology Services Support Center, now located in Phillips Building complex, provides technical support for the agency's mainframe and personal computer users. This service is rendered through the use of both NRC staff and contractor personnel.

The contract portion of the service is subject of this Statement of Work.

Mainframe and personal computer training is provided through the Information Technology Services Training Laboratory in the Woodmont Building. This program is administered through a separate contract and is not related to this Statement of Work.

C.1.2. ADP FACILITIES / EQUIPMENT NRC's computer applications are processed via time-shared computers located at the Department of Energy (DOE) national laboratories and at the National Institutes of Health (NIH) computer facility in Bethesda. NRC's ADP equipment to support time sharing l

includes 10 remote job entry stations, over 100 data terminals, and associated telecommunications equipment needed for data transfer and communications with these remote computer facilities. In addition, the NRC supports several Data General minicomputers and approximately 1000 IBM PC or compatible microcomputers. Other ADP equipment includes a network of IBM 5520 and IBM Displaywriter word

processing systems.

1 C.1.3.

WORK REQUIREMENTS l a. General The purpose of this contract is to provide end-user support for

Mw --

e , ,

PAGE 9 RS-ARM-88-214 Section C the NRC's IBM PC, PS/2, and PC-compatible microcomputers and the agency's remote access to the IBM mainframe computers at the National Institutes of Health Computer Facility. The contractor shall provide expert technical guidance, advice, assistance, and informational materials to NRC staff using these facilities. The primary requirements for this contract are: the ability to interact effectively with, and provide technical information to, computer users at all levels of experience; demonstrated knowledge of and experience with the IBM PC, XT, AT and PS/2 systems using the software listed in Table 2; demonstrated knowledge of and experience with IBM mainframes and the associated software listed in Table 3; and excellent verbal and written communications skills,

b. On-Going Support Task This task consists of several on going activities associated with end user computing support: (1) providing expert technical advice and assistance, (2) develops and provides informational materials (i.e. user's guides and w-itten procedures), (3) evaluating resource materials for use in the ITS Support Center, and .

(4) systems development and implementation of PC-based systems as directed. These activities shall be performed in accordance with formal agency guidelines on automated data processing. It is expected that these support activities can be conducted with approximately three full-time technical staff.

C.I.4. TECHNICAL ASSISTANCE The contractor shall provide expert technical advice and assistance on the hardware and software identified in Tables 2 and

3. The contractor shall follow up on each user call or visit by requesting a rating of service from each user. All evaluations will be returned to the NRC Project Officer.

Technical assistance shall include design, analysis and trouble shooting of software applications. The contractor shall provide guidance on the selectica of alternative software for a given application, if appropriate. Assistance shall also include referral to more appropriate NRC organizational units if the request is beyond the scope of the contract. A logging system, which identifies the date, requestor, organizational affiliation, problem and solution, shall be maintained by the contractor.

Modifications to Tables 2 and 3 will be submitted to the contractor 60 days in advance of time support requirements are expected to change. Technical information supporting the change will be provided to the contractor at the time of notification.

Support services shall be provided during NRC's official hours of operation (7:30am - 4:15pm, Monday through Friday, except Federal holidays). The contractor shall provide telephone and walk-in coverage, and provide assistance with tutorials and use of software and hardware located in the Support Center, during all hours of operation, including the lunch period.

PAGE 10 RS-ARM-88-214 Section C The contractor shall provide continuous on-site availability of at least one knowledgeable staff member for each software package identified in Tables 2 and 3. The contractor shall, with the approval of the NRC Project Officer, provide on-site assistance at other NRC locations. An NRC shuttle bus (Table _4) will be available for transportation. If contractor personnel are unavailable for other reasons (e.g., sick. leave, vacation), the contractor shall maintain continuous support during this period for each of the software packages identified in Tables 2 and 3 by providing backup staff in a timely manner and procedures to replace critical personnel. The contractor's personnel shall act in a courteous, responsive, knowledgeable, and professional manner at all times.

C.1.5. INFORMATIONAL MATERIALS The contractor shall provide informational materials relating to NRC computers and software as directed by the Project Officer.

These materials shall include: (1) written procedures for the use of sof tware, computer-based tutorials, video-based tutorials, microcomputers, terminals, peripherals, and other equipment, to be used in the Support Center; (2) written materials on computer hardware and software for the NRC ADP Users Guide; (3) articles and technical notes for the ITS Newsletter; (4) hardware and software demonstration materials; and (5) hardware, software and computer-based tutorial evaluations. As directed by the Project Officer, the contractor shall be required to make formal presentations or demonstrations to users, set up equipment for demonstrations, and to operate systems providing end-user support information (e.g. NRC Software Locator). The contractor shall be responsible for maintaining and updating the contents of the NIH and microcomputer chapters of the NRC ADP Services Guide.

C.1.6. RESOURCE MATERIALS As requested, the contractor shall provide evaluation criteria and evaluate resource materials for use in the ITSB Support Center.

These materials include books, periodicals, special supplies for Support Center, computer and video based tutorials, software, and peripheral devices.

! C.1.7. SYSTEMS DEVELOPMENT

! With the approval of the Project Officer, the contractor shall l

provide programming support services based on the software

! identified in Tables 2 and 3. Products of this work will include l DOS command files, configuration files, printer tables, script files, and programming language subroutines. The products shall be written in conformance with agency guidelines, documented, and I

thoroughly tested prior to delivery, i C.1.8. PROGRESS REPORTING l

The contractor shall provide written progress reports on the first and fifteenth of each month describing the accomplishments of l

l the reporting period, planned accomplishments in the next reporting 1

1

PAGE 11 RS-ARM-88-214 Section C period, problems or potential problems, and proposed resolutions.

The contractor shall also provide' details and statistics of the on going work including the number of calls or visits, average time required to satisfy requests, number of calls per software package, and number of referrals to other NRC organizational units. The contracter shall also provide an accounting of expenditures during the reporting period, and shall inform the NRC of any changes to the

-agreed-upon schedule, giving reasons for the changes. The-contractor shall also provide for weekly meetings between the NRC Project Officer and the contractor staff to assure consistency with agency goals and objectives, and to resolve outstanding problems.

C.1.9. PLACE OF PERFORMANCE Contractor staff working on the "on going support task" are required to be physically located in the ITS Support Center, at Room 808, 7920 Norfolk Avenue in Bethesda, Maryland. The Government will provide the contractor with desks, chairs, telephones, computer equipment and software. In view of the fact that NRC's reorganization will cause a division within the ITS Support Center

• function between Bethesda and Rockville, Maryland, Contractor staff will also be required to be physically located in an ITS Support Center to be established at 11555 Rockville Pike in Rockville, Maryland. It is anticipated that the Rockville ITS Support Center will be operational in January, 1988. The project manager and staff working on other tasks must be able to ensure a prompt response to all requirements, including the capability to attend meetings in the Bethesda area within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of notification.

(End of Clause)

r. 1 PAGE'12 -l RS-ARM-88-214 Section D l e.

l 0

SECTION D - PACKAGING AND MARKING D.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 mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(End of Clause)

-- . ,a PAGE 13 RS-ARM-88-214 Section E O

SECTION E - INSPECTION AND ACCEPTANCE E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) .(APR 1984)

This contract incorporates the following clauses by reference.

These clauses have the sanie force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REQULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUM8ER DATE TITLE 52.246-5 ^PR 1984 INSPECTION OF SERVICES--

COST-REIMBURSEMENT E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.

(End of Clause)

I

PAGE 14 RS-ARM-88-214 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984)

This contract incorporates the following clauses by reference.

These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.212-13 APR 1984 STOP-WORK ORDER ALTERNATE I (APR 1984)

F.2 PREPARATION OF TECHNICAL REPORTS (MAR 1987)

All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached NRC Manual Chapter 3202. NRC Manual Chapter 3202 is not applicable to the Spending Plan and the Financial Status Report (See Section J for List of Attachments).

(End of Clause)

F.3 TECHNICAL PROGRESS REPORT (MAR 1987)

The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall include the following:

a. A listing of the efforts completed during the period; milestones reached or, if missed, an explanation provided;

b. Any problems or delays encountered or anticipated and recommendations for resolution; (if the recommended resolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, the Contractor shall submit a separate letter to the Contracting Officer indentifying the required change and estimated cost impact).

4 PAGE 15 RS-ARM-88-214 Section F

, c. A summary of progress to date; and

d. Plans for the next reporting period.

(End of Clause)

F. 4 FINANCIAL STATUS REPORT (MAR 1987)

The Contractor shall provide a monthly Financial Status Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report period and shall identify-the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall include the following for each discrete task:

a. Provide total estimated cost (value) of the project as reflected in the contract, the amount of funds available in the contract to date, and the t'alance of funds required to complete the work as follows:

1) Total Estimated Contract Amount.

2) Total Funds Obligated To Date.

3) Total Costs Incurred This Reporting Period.

4) Total Costs Incurred To Date.

5) Balance of Obligations Remaining.

6) Balance of Funds Required To Complete Contract.

b. Detail of all direct and indirect costs incurred during the reporting period for each task.

c. Update the approved Spending Plan.

(End of Clause)

F. 5 PLACE OF DELIVERY--REPORTS (MAR 1987)

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

a. Project Officer (.1 copies)

U.S. Nuclear Regulatory Commission Contract Number:

a Office of Division of

• Mail Stop:

• Washington, D.C._. _20555

b. Contracting Of ficer (1 copy)

U.S. Nuclear Regulatory Commission Contract Number:

Division of Contracts Contract Administration Branch

PAGE 16 RS-ARM-88-214- Section F

.*- Mail Stop: AR-2223 Washington,' D.C. 20555 (End of Clause)

F.6 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence on

• and will expire on (End of Clause) 1 a

t 3

I

, _ . . . , . . . . . _ . _ . _ _ _ , _ _ _ . _ . _ _ _ . - _ _ . . _ . _ . . . . _ __._m. _ _ _ _ , _ _ _ _ . _ _ . _ . _ _ . _ . . . - - - - - _ - _ _ . -

1 PAGE 17

.RS-ARM-88-214 Section G j 1

SECTION G - CONTRACT ADMINISTRATION DATA G.1 INDIRECT RATES (MAR 1987)

a. Pending the establishment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as fcilows:

CATEGORY RATE (%) COST BASE APPLICABLE PERIOD Overhead Fringe Benefits * *

• G&A

b. The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor. It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation of Cost or 52.232 Limitation of Funds ,

as applicable, if such change (s) affect (s) performance of work within the established cost or funding limitations.

(End of Clause)

G.2 PROJECT OFFICER AUTHORITY (MAR 1987)

a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:

Name:

Address:

Telephone Number: ___

b. Performance of the work under this contract shall be subject to the technical dirsetion of the NRC Project Officer. The term "Technical Direction" is defined to include the following:

1) Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statement of work.

PAGE 18

'RS-ARM-88-214 action G

r. ,

i 2).Providing'adviceandguidance.totheContractor_'e che.

preparation'of drawings, specifications or technical portions of the work description.

3) R'eiriew and,3here required by.the contract, approval of technical reports, drawings, specifications and technical infomation tolte delivered by the Contractor to the Government' under he~conAract.

c. Technical direction must be within the: general statement of work stated in the contract. .The Project Officer.does not have the authority to and may not issue any technical direction ~which:

1) Constitutes an assignment of eddi*.ional work outside the general scope of the contract.

2) Constitutes a change as defined in the "Changes" clause of this contract.

3)' In any way causes an incrdase or decrease in the total estimated contract cost, the fixed fee, if any, or 'the time required for contract performance. ,

s

4) Changes any of the exp'ressed terms, conditions or specifications of the contract.  !

5) Terminates the contract or settles any claim or dispute arising under the contract, or issue any unilateral directive whatever.

d. All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days after verbal issuance. A copy of said writtun direction shall be submitted to the Contracting Officer.

e. The Contractor shall proceed promptly with the performance of' technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of'this clause.

,f. f If, in the opinion of the Contractor, any instruction or direction issued by the1 Project Officer is within one of the categories as defined in c'above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Cnntracting Officer's opinion, the technical direction is within the scope of this article and dons not constitute a change under the Changes Clause,

g. Any unauthorized commitment or direction issued by the

PAGE 19 RS-ARM-88-214 Section G Project Officer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract.

h. A failure of the parties to agree upon the nature of the instruction or direction.or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes.

i. In addition to providing technical direction as defined above, the Project Officer is responsible for:

1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.

2) Assisting the Contractor in the resolution of technical problems encountered during performance.

3) Reviewing all costs requested for reimbursement by Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

(End of Clause)

G.3 METHOD OF PAYMENT (MAR 1987)

a. Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

b. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, the Contractor shall forward the following information in writing 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 and address of financial institution.

4) Contractor's financial institution's 9-digit ABA identifying number 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.

L

.j , ,

PAGE 20-RS-MM-88-214 Section G In the event the Contractor's financial institution does

~

• c.

not have access to the Federal Rewrve 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 a bmitted to the Contracting Officer within seven days after the effective date of the contract.

1) Name and artdress of organization.

2) . Contact per' ion and telephone number.

3) Name and iddress'of . financial institution.

4) Telegra.phiciabbreviation of Contractor's finaxial institution. - ' s,

5) Account numbpr f,t Contra 7 tor's financial institution.

- 6) Nanie and add,ess institution that has access tp,,of'tha'correspIndent finarcial

,the Federal Reserve Commu;1ic. , ions System. 4 s .~ ,

~'

7) Correspondent financial insti,tution 9-digit ABA identifying number f;r> routipNransfer of funds.

- s , , . .

8) Teleh$phicabbrdiationofcoqrespor.dentfinancial institution. , /

Nl,. -

, '1N

, 9) Signature ans title of person supplying thil, _ ,'

information. ",

d. Any changes to the information furnished under this clauso, shall be furnished to the CorAracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erronenjr, bank accounts.

, e '

f.$End'ofClause)

J-G.4

,p PAYMENT DUE DATE (MAR 1987)

'" I 6 Progress ray:nents,,1f suthorized under this-cc;. tract, will be dtie thirty (30) calendar days after receipt of a prc,per invoice, ir accordance with the-attached "Billing Instructions" (See Section J fer' t.ist of Attachments),, Such, payments aka solel.(, for financing

, purposes and shall not Accrue interest under the Prv4pt Payment Act.'

b. PaymrM.asubjecttothePromptPaymeniActun.derthis contrach uf)1' perdue 30 calendar days after th'e 14er'of:

", I.

/ >

The date of actual receipt of Lpropet. invoice in accordanta.,withtheattached"BjllingInstructions",or ,c ,

4. The d[t;-the final delivetable products / services are acceptegby.th'e'Gbj,yggent,or

~

f N

RS-ARM-88-214 Section G

, 3. The date the contract expires.

c. For the purpose of determining the due da S for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after receipt of the final deliverable product or completion of performance of all services in accordance with the terms of the contract.

d. If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph c of this clause will apply to the new delivery of.the final product / service.

(End of Clause)

G.5 INTEREST ON OVERDUE PAYMENTS (MAR 1987) 4

a. The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on L overdue payments of the expiration invoice or improperly taken discounts,

b. Determinations 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, OMB Circular A-125 prov. ides that:

1) Interest penalties are not required when payment is delayed because of a disagreement over t.he amount of payment or other issues concerning compliance with the terms of the contract.

2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.

c. For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.

(End of Clause)

G.6 REMITTANCE ADDRESS (MAR 1987)

If item 15C. of the Standard Form 33 has been checked, ent'r the remittance address below.

Name:

Address:

l I

w

. . . . . . - - . - - . -- ._ -. . . .~ ... _-. .- .

PAGE 22

~RS-ARM-88-214 Section G- i t

\ .. >

~g- ,'

l (EndofClause)  !

6 i

I

+-

i t.

t t

a T

1

)

i" -- .

4 9

4

-i I t

,' I.

I s I

• I t

i i

t 1 >

! h e

I 4

9 h

a f i >

! h J

) i A

L

! k i

i h

T

PAGE 23 RS-ARM-88-214 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 KEY PERSONNEL (MAR 1987)

-a. The following individuals are considered to be essential to the successful performance of the work hereunder.

• 1 The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof,

b. If one or more of the key nersonnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications, y

c. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing,

d. If the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is net reasonably forthco'ning; or

2) That the resultant reduction of effort would be so substantial Os to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed

PAGE 24 RS-ARM-88-214 Section H

, fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

(End of Clause)

H.2 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987)

The Contractor shall comply with the attached requirement of NRC Manual Chapter 3202 and 3206 (See Section J for List of Attachments) regarding publications or any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.

(End of Clause)

H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.

(End of Clause)

H.4 DRAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987)

All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendar. ions, 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 to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy 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 from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.

(End of Clause)

PAGE 25 RS-ARM-88-214 Section H

, H.5 SECURITY (MAR 1987)

a. Security / Classification Requirements Form. The attached NRC Form 187 (See Section J for List of Attachments) furnishes the basis for providin requirements to prime contractors, subcontractors or others (e.g., bidders) who have or may have an NRC contractual relationship which requires access to classified information or matter, access on a continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo identification or card-key badges,

b. It is the Contractor's duty to safeguard Restricted Data, Formerly Restricted Data, and other classified information. The Contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified information and protecting against sabotage, espicnage, loss and theft, the classified documents and material in the Contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the Contractor or any person under the Contractor's control in connection with performance of this contract. If retention by the Contractor of any classified matter is required after the completion or termination of the contract and such retention is approved by the Contracting Officer, the Contractor will complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the Contracting Officer, the security provisions of the contract will continue to be applicable to the matter retained,

c. In connection with the performance of the work under this contract, the Contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.i.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perform the work under this contract. Contractor agrees to return such information to the Commission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. Failure to comply with this clause shall be grounds for termir,ation of this contract.

d. Regulations. The Contractor agrees to conform to all i

PAGE 26 RS-ARM-88-214- Section H security regulations and requirements of the Commission.

e. Definition of Restricted Data. The term "Restricted  ;

Data," as used in this clause, means all data concerning (1) design, j manufacture, or utilization uf atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended,

f. Definition of Formerly Restricted Data. The term "Formerly Restricted Data," as used in this clause, means all data removed from the Restricted Data category under section 142-d. of the Atomic Energy Act of 1954, as amended.

g. Security Clearance Personnel. The Contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required,

h. Criminal Liabilities. It is understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the Contractor's control in connection with work under this contract, may subject the Contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12356.) .

1. Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

J. In performing the contract work, the Contractor shall assign classifications to all documents, material, and equipment originated or generated by the Contractor in accordance with classification guidance by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment shall provide that the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in i accordance with classification guidance furnished by the Contractor. -

(End of Clause) l l

l -

PAGE 27 RS-ARM-88-214 Section H

. H.6 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (MAR 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 planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and

2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause,

c. Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to 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 after award.

1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).

. 2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall includa a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government.

e. Access to and use of information.

1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:

= n PAGE 28-RS-ARM-88-214 Section H 9

(1) Use such information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.

3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

f. Subcontracts. Except as provided in 41 CFR 20-1.5402(h),

the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms "contract," "Contractor,"

and "Contracting Officer," shall be appropriately modified to preserve the Government's rights.

g. Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract,

h. Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 20-1.5411.

(End of Clause)

H.7 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (MAR 1987)

Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the

PAGE 29 RS-ARM-88-214 Section H

, minimum allowable monetary wage and fringe benefits prescribed under Wage Determination Number 86-1255 (Rev. 2) dated 11/30/87 which is attached (See Section J for List of Attachments).

(End of Clause)

H.8 GOVERNMENT RIGHTS IN COMPUTER SOFTWARE (a) The Government, for itself and such others as it deems appropriate, will have sole, unlimited rights in computer sot tware specifically developed or generated (i.e., designed and developed) under this contract. Unlimited rights under this contract are rights to use, duplicate, or disclose software data, in whole or in part, in any manner and for any purpose whatsoever.

(b) For software not specifically developed or generated under this contract, the Contractor may restrict the Government's rights therein. The fact that the total complement of software involved may incorporate some elements of software to which the Government has unlimited rights shall not affect the Contractor's authority to impose restrictions on the Government's rights. As a minimum, however, the Government will have the right to:

(1) Have unlimited use of such software on computer system (s) for which or with which it is acquired.

(2) Use such software with a backup system if the system for which

, or with which it was acquired is inoperative because of a malfunction, an emergency, change (s) in engineering performance, or

change (s) in computer features or models.

l (3) Use such software with the computer at any Government installation to which the computer may be transferred by the Government.

(4) Copy computer software for safekeeping (archives) or backup purposes.

(5) Modify such software or combine it with other programs or material. All modifications by the Government will be treated as stated in (a) above. However, any such modification shall not change or limit the Contractor's rights with respect to such software in its original, modified, or combined form. If software defects result from program portions which have been added or modified by the Government, then the Government, not the vendor, is responsible for any resulting adverse effects. However, if vendor provided portions are defective, then the vendor is responsible for providing the software support and/or operating software malfunction credits as specified elsewhere in the contract.

(6) Retain sole unlimited rights to the part that it owns.

(c) Nothing contained shall be construed to restrict or limit any right which the Government possesses or may acquire from other sources in the above software or software data or its use.

A 30 RS-ARM-88-214 Section H c

(End of Clause) l l

l l

i

PAGE 31 RS-ARM-88-214 S:ction I PART II - CONTRACT CLAUSES SECTION I -

CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984)

This contract incorporates the following clauses by reference.

These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.204-2 APR 1984 SECURITY REQUIREMENTS 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1984 AUDIT -- NEGOTIATION 52.215-26 JUL 1986 INTEGRITY OF UNIT PRICES ALTERNATE I (JUN 1985) 52.215-30 APR 1984 FACILITIES CAPITAL COST OF MONEY 52.215-31 APR 1984 WAIVER OF FACILITIES CAPITAL COST OF MONil 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.216-7 APR 1984 ALLOWABLE COST /90 PAYMENT 52.216-8 APR 1984 FIXED FEE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND ,

SKALL DISADVANTAGED BU3INESS CONCERh5 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA

PAGE 32 RS-ARM-88-214 Section I

. SUBCONTRACTING PROGRAM 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-3 APR 1984 PATENT INDEMNITY 52.228-7 APR 1984 INSURANCE -- LIABILITY TO THIRD PERSONS 52.232-17 APR 1984 INTEREST 52.232-20 APR 1984 LIMITATION OF COST 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 ALTERNATE I (JUN 1985) 52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS 52.243-2 APR 1984 CHANGES -- COST-REIMBURSEMENT ALTERNATEI(APR1984) 52.244-2 JUL 1985 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS ALTERNATE I (APR 1984) 52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING 52.24'-1 APR 1984 PROPERTY RECORDS 52.245-5 JAN 1986 GOVERNMENT PROPERTY (C0ST-REIM-BURSEMENT, TIME-AND-MATERIALS, OR LABOR-HOUR CONTRACTS) 52.245-19 APR 1984 GOVERNMENT PROPERTY FURNISHED "AS IS" 52.249-6 MAY 1986 TERMINATI0i1(COST-REIMBURSEMENT) 52.249-14 APR 1984 EXCUSABLE DELAYS 52.251-1 APR 1984 GOVERNMENT SUPPLY SOURCES 52.251-2 APR 1984 INTERAGENCY MOTOR POOL VEHICLES AND RELATED SERVICES I.2 ANTI-KICKBACKPROCEDURES(FAR 52.203-7)

(a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, neans a contract or

PAGE 33 ,

RS-ARM-88-214 Section I j i

. contractual action entered into by the United States for the purposes of obtaining supplies, materials,. equipment, or services of any kind.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or subcontract entered into in connection with any such prime contract, and (2) includes any person who offers to furnish or furnishes supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act),

prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback; or (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

! (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting i agency if the agency does not have an inspector general, or the Department of Justice.  ;

(3) The Contractor shall cooperate fully with any Federal

agency investigating a possible violation described in paragraph (b) of this clause.

(4) Regardless of the contract tier at which a kickback was

PAGE 34 RS-ARM-88-214 Section I

. provided, accepted or charged under the contract in violation of paragraph (b) of this clause, the Contracting Officer may--

(1) Offset the amount of the kickback againist any monies owed by the United States under this contract and/or (11) direct that the Contractor withhold from sums owed the subcontractor, the amount of kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies undersubdivision(c)(4)(1)ofthisclause. In the latter case, the contractor shall notify the. Contracting Officer when moi.ies are witheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract.

(End of Clause) 1.3 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984)

(a)ServiceContractActof1965,asamended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C.

351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).

(b)(1) Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.

(2)(1) If there is such a wage determination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classifications listed in the wage determination),

be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (The information collection requirements contained in the following paragraphs of this section have been approved by the Office of Management and Budget under 0MB control number 1215-0150.)

(ii) Such conforming procedure shall be initiated by the

, contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees

PAGE 35 RS-ARM-88-214 Section I

, involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written cepy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The orocess of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wago determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedula) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be l assigned to such conformed classification by indexing (i.e.,

l adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contracts which are listed in the current wage determination, and those specified for the I corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work but the unlisted class of employees, the contractor shall t advise the contracting officer of the action taken by the other procedures in paragraph (b)(2)(ii) of this section need not be followed.

l

PAGE 36 RS-ARM-88-214 Section I (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with paragraphs (b) (2)(1) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work.

(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less often than once escry 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division Employment Standards Administration of the Department of Labor as provided in such Act.

(c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment of determined conformable thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in Subpart D of 29 CFR Part 4, and not otherwise.

(d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.

(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and

PAGE 37 RS-ARM-88-214 Section I O

fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of Section 4.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Section 4.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided services of a character similar in the locality, or determines, as provided in Section 4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that tha collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solnly as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination l attached to this contract. The poster provided oy the Department of Labor (Publication WH 1313) shall be posted in a prominent and

accessible place at the worksite. Failure to comply with this l

requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215- 0150.)

! (f) The contractor or subcontractor shall not permit any part l of the services called for by this contract to be performed in building or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or l safety of service employees engaged to furnish these services, and l

i

PAGE 38 RS-ARM-88-214 Secticn I

.' the contractor ur subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(1) through (vi) approved by the Office of Management and Budget under 0MB control number 1215-0017 and secticns 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0150.):

(i) Name and address and social security number of each employee.

(ii) The correct work classification or classification, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee.

(iii) The number of daily and weekly hours so worked by each employee.

(iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the  ;

report rsquired by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list.

(vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Section 4.6(1)(2).

(2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment of advance of funds until such violation ceases.

(4) The contractor shall permit authorized representatives of

PAGE 39 RS-ARM-88-214 Section I

< the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.

Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accured. A pay period under this Act may not be of any duration longer than semi-monthly.

(1) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor in the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.

(j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The term "contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government prime contractor."

(k)(1) As used in these clauses, the term "service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(2) The following statement is included in contracts pursuant to section 2(a)(5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C.

5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:

l

PAGE 40 RS-ARM-88-214 Section I

. Employee class Monetary wage-fringe benefits (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together will full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.

(Approval by the Office of Management and Budget under OMB control number 1215-0150.)

(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a con- tractor (predecessor) or successor (Section 4.173 of Regulations 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of Management and Budget under OMB control number 1215-0150.)

(m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4.

(n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract

PAGE 41 RS-ARM-88-214 Section I

, pursuant to section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code,18 U.S.C.1001.

(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be uployed in accordance with the i following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than tne minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices , student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520,521,524,and525).

(2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of ,

sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of1938(29 CFR Parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts S25 and 528 of Title 29 of the Code of Federal Regulations.

(p) Apprentices will be permitted to work at less than the 4 predetermined rate for the work they perform when they are employed I

and individually registered in a bona fide apprenticeship program '

registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists r

, in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. De9artment of Labor. Any employee who is not registered as an appren. ice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage i determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the

! registered program, expressed as the appropriate percentage of the i

t

, - - -- w

PAGE 42 RS-ARM-88-214 Section I O.

o journeyman's rate contained in the applicable wage determination.

The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.

(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however, that the amount of such credit may rot exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this provision:

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

(r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(FDR Temporary Regulation 76)

PAGE 43 RS-ARM-88-214 -Section J o-o PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J,1 ATTACHMENTS (MAR 1987)

Attachment Number Title ,

1 NRC Contractor Organizational Con'11 cts of Interest (41 CFR Part 20) 2 Billing Instructions 3 NRC Manual Chapter 3202 4 Standard Form 1411 with Instructions 5 NRC Form 187 - Security / Classification Requirements 6 Tables 1 through 4 i

a F

r t

_ __