ML20197F689

Contract: Presentation of 2-Day Course Entitled Regulator Process

ML20197F689
Person / Time
Issue date:	04/24/1986
From:	Emery F, Hagan T NRC OFFICE OF ADMINISTRATION (ADM), REGULATORY GROUP, INC.
To:
Shared Package
ML20197F648	List: ML20197F643 ML20197F689
References
CON-NRC-10-86-216 NUDOCS 8605150650
Download: ML20197F689 (43)

Text

[

AWAR / CONTRACT

$'gt R$ PAS 115 CF R 3'

S

"^

'$ ^ "

R R

0

2. L OW 14 AC t ti' rut Jnst idrra r # NU.

3.LFel'tevL DAlt S H L Quibli TON Pu en H A$ L H L QUL S1/PROJL L t NO NRC-10-86-216 April 25,1986 t s. a55VL D Bv i

4-ADYsNIS T L RL D BY f t/ other then ttrm.5 #

I CODE l.

_. ~. - _.

CODE l______

U.S. Nuclear Regulatory Comission Division of Contracts Washington, D.C.

20555 L N AML AND ADQ5dLS$ OF C ON T u AC T O k rA o. sten i r. ca ts. coun ts. S forr end /ll' Code #

8 OL L e v l 54 4 Tha Regulatory Group, Inc.

FOB ORIGtN OT HE R (.h b. sm, i 1511 K Street, N.W.

,. 0,5cOuNi, OR PROMei gAv ulNi Washington, D.C.

20555 N/A 10 SUBMIT INVOICES I'T E M Y

f 4 copscs unless othrv uase spccefied, TO THE CODE lF ACitiTV CCDE ADDRESS SHJ.'!N IN

12. PA v MLN1 W sLL BE MAOL B Y

11. 5mo T of u m

• o k g

~

U.S. Nuclear Regulatory Commission CODE U.S. Nuclear Regulatory Cormiission Attention: Carolyn Bassin, MS 4100, MDTS ORM, Division of Accounting & Finance, GOV /COM Washington, D.C.

20555 Washington, D.C.

20555 2 3 AUTHORet v 5 OR U5rNG OTHE R TH AN F ULL AND OPEN COYPE ti-1.s AC COUN18NG AN D APPRODR! A T ION D A T A i B&R No.: 41-20-27-202 APPN No.:

31X0200.406

os 1 Amount:

$23,440.00 0 io u S C 2re

[i.n t S C 2m" 5 i

15A. ITEM NO i 1% SUFhlES SE % ICES 15C OUANTtT y ISD UNIT 15E UNIT PRICE 15F AYDN The cont $ actor shall present a two-day course entitled "The itegulatory Process" in accordande with the contractor's proposal dated January 16, :.986, as revised on F bruary 2,1986, which is incorporated hereij by reference and made a part hereof.

Su Part I - Schedule, Section B.1 attached hereto.

8605150650 860424 PDR CONTR NRC-10-86-216 PDR INDEFIN1TE QUANTITY ESTIMATED AM_QUNT 15G. TOTAL AMOUNT OF CONTRACT >!S 82,040.00

16. TABLE OF CONTENTS W lSEC l DESCRIPTION

[r AGE (Si h p lSEC l DE SC p icT ION lFAGE S1 PA RT l - T HE 5CHE DULE PART Il - CONT R ACT CL AUSES X

A SOLICITATION /CONTR ACT F CPV i 1 Xl l

l CONT R ACT CL AUSES l 20 X

B SUPFLIES OR SE PVICES A'D PRICES' COSTS 2

PAR T ire - LIST OF DOCUVENTS. E x HIBIT5 AND OTHE R ATT AC**

X C

DESCRIPTION / SPECS /WCRK STATEMENT 3

x l.i l LIST OF ATTACHMENTS I 23

_X D

PACK AGING AND YARKINC 9

PA RT tv - REPR ESE NTATIONS AND INST RUCTIONS X

E INSPECTION AND ACCEPTANCE 9

x REPRESENTATIONS.CE RTIFICATIONS AND X

F DELIVE RIES OR PERFORMANCE 9

OTHER ST ATEMENT9 05. 0F FE RORS X

G CONTR ACT ADMINISTR ATION DAT A 10 t

INST AS.CONDS. AND %TICES TO OF F E RORS X

H SPECIAL CONTR ACT REQUIREMENTS 14 M

EVALU ATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 110R 18 AS APPLICABL E 17.

CONT R ACTOR'S NEGOTI ATED AGREEMENT # Contractor #s re 18.

AWARD (Contractor u not required to seen thu document i Vour e usre) to sure thus document and return enpses to assunnt offree I of f or on Solicitation Number -

cnances Conterette agrees to turnisa and derive, au etems or perform au tne serveces set nciucing the additions or changies maae ey you wnich additions or f ortn or cinerwise uds nt Aed aDove and on any continuation sheets for tne 4*e set forth in f ull above es ne'eby a'.ceDted as tn the items listed above 49d consW. ration stateo ne'e.n. Tne rients and ocMaSons ut the pa t.es to inis e ar y continuation sneets. Tnes aca o consummates tne contract wn.c' con-cintrect sman ce nuesect to and governed by tne fono*.no docu ee'nts- (a) tnis s>sts if tne f oliow ng documents ia) tne Government's solicitation age v :ue t*FO contract, (D) the solicitation e any, and (c) sucn pim'ssons, reCresents ofre-and (b) tnis award' Contract. sh f ur ther ContraCluat document is t't;es-r tions. cirtef ecations and SDecif eCatsons, as are attacneQ or enCorporatta Dy

gary, r%95nct nteten. (A trathmen ts are insted herenn )

19A. N A M ANOJITL F SIGNE R (T) or prio r 20A. t AME OF CONT R ACT 4NG OF FICE R bu 4-9i Timot gan LC nt9 cting Officer

• ' f

<h e C-e uts m Gm1h.

L' : V

/

lu N OF CO TRACTOR 19C OATE SIGNED 208 UNIT STA

~ IG E C'V 20C. O TL SIG 90 h

'f*

Bv _, _ _ thena tu intCathnt Of cars

/

BY

" (Stenaturs-o} person authorf to snana NSN 7510 01 152 8069 2fr i c 7 STANDARD FOkM 26 (RE v e8H

~

d A

NEviOUS EDITION UNU5ABLE pe g

CPO : 1905 0 - 469-794

4 es..e. ce soc. som cows

,Aoe sianoAno % u, my nu g o, f#' E"Eo9'I.'*cTi'."'.ng CONTINUATION N NRC-10-86-216 NAAnt OF OHttoe OR CONYtACTOs (TEM NO.

SUPPOE5/$f RVICIS QUANTITY UNIT UNIT PRIQ AMOUNT Under PART I - THE SCHEDULE 1.

Section B.1, Brief Description of Work, is dele ted in its en;irety and the following is substituted in lieu thereof:

"B.1 Brief Description of Work The contractor shall present the U.S.

Nuclear Regulatory Commission's (NRC) two-day course entitled "The Regulatory Process" for a minimum of four times the first year, and a maximum of fourteen times during the life of the contract to NRC employees.

EST. MAX.

Fixed Price per Course Session 14 EA

$ 5,860.00

$82,040.00' 2.

Section F.2, Place of Delivery - Items to be furnished he eunder shall be delivered to:

U.S. Nuclear Regulatory Commission Office of Administration, MDTS Attention: Ms. Carolyn Bassin, MS 41C0 Washington, D.C.

20555 3.

Section F.3, Duration of Contract Period - The c ontract s 1all become effective April 25, 1986 and shall continue thrc ugh April 24, 1988.36-100 94.5.

G.P.O.

9983-381*526/8386

NRC-10-86-216

{

Page 3 4.

Section G.1, Contract Ceiling Amount - is deleted in its entirety and the following is substituted in lieu thereof:

"G.1 Contract Ceiling Amount The total amount of this contract for the delivery and acceptance of the products / services stipulated in Section B is

$82,040.00. The amount of funds available, for the first four courses in the initial year of this contract, is $23,440.00. A minimum of four courses will be funded in the second year of this contra.ct subject to the availability of FY 1987 appropriations.

For additional courses ordered hereunder, funds will be provided thru modification to the contract by the Contracting Officer.

5.

Section G.2, Project Officer - The name, mail code, office address and telephone number of the Project Officer designated for this requirement is as follows:

Carolyn Bassin Mail Stop - MNBB 4100 U.S. Nuclear Regulatory Comission Office of Administration Management and Development Training Staff Washington, D.C.

20555 Area Code (301) 492-7851 6.

Section H.1, Key Personnel - The following individuals are considered to be essential to the successful performance of the work hereunder:

Fred J. Emery Rose Ann Lawson Joan F. Tilahman 7.

Section H.8, Estimated Reoufrements, is deleted in its entirety.

8.

Section H.9, Contractor Organizational Conflicts of Interest, is renumbered Section H.8.

Under Part II - CONTRACT CLAUSES 1.

Section I, Contract Clauses, is revised as follows:

a.

Contract Clause 52.216-21, REQUIREMENTS, is deleted in its

entirety, b.

Contract Clause 52.216-18, ORDERING; 52.216-19, DELIVERY-ORDER LIMITATIONS, and 52.216-22, INDEFINITE QUANTITY, copies attached, are hereby incorporated into this contract.

NRC-10-86-216 0

4 j

52.216-18 ORDERING.

(APR1984) j (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 25, 1986 through April 24, 1988.

(b) All delivery orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered " issued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule.

(Endofclause)

(R 7-1101 1968 JUN) 52.216-19 DELIVERY-0RDER LIMITATIONS.

(APR 1984)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an am1unt of less than four courses.ithe Government is not obligated to purchase, nor is the Contractor obligated to furnish, i

those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of fourteen courses.

(2) Any order for a combination of items in excess of N/A I

(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

4 1

i (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Ac'1uisition Regulation (FAR)),

i the Government is not required to order a part cf any one requirements from the Contractor if that requirement exceeds the iraximum-order limitations l

in paragraph (b) above.

i (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b) above, unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

(R Oh.2(a))

l (R 7-Il02.3(a))

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

i NRC-10-86-216 52.216-22 INDEFINITE QUANTITY.

(ApR 1984)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.

of supplies and services specified in the Schedule are estimates only and are The quantities not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the " maximum."

supplies or services designated in the Schedule as the " minimum."The (c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.

to multiple destinations or performance at multiple locations.The G0vernme (d) Any order issued during the effective period of this contract and not completed within that period shall ba completed by the Contractor within the ti.

specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective deliveries under this contract afterperiod; provided, that the Contractor sha April 24,.1988.

(End of clause)

(R 7-1102.3(b) 1965 AUG)

RA m aaGE06 SObCITATION, OFFER AND AWARD NIS C NmACT iS A nATr n OnDi n UNoEa oPAS 15 CFn 35o, p

j l 3,. m,E, J. CoreT R ACT NO

3. 50 Licit AT3DN NO a TYPE OF 50LIC 6T AT 60N 5. D AE 155UE D

6. RE QV 56TaON.PU RCHA5E O st ALED BC M NO.

12/16/85 ADM-86-216 i

RS-ADM-86-216 H NE GOTi AT[ D rt-8 pl L '55vt O 8 v CODE l e ADDR E SS Cis s E si t o,Jf orne, enen J,,m 7, U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555 NOTE in sessed t>d so8.ciistions "of fer" and "of foror" mem "tzd" and "t>dder" SOLICITATION 9 Seaied offers e/ or.g.nw ;

EwU u s l ut.t:u ed0t the piece specifY/ @85

_ cooies for turne70 Montgomery*dvenueen the Sca du6e will t[w mA or s' the suposies or serv e

i 0: 0,,,,,,,,,

Room 2223,45 hanocate.a.n tne depos. tor, ioca,,d on 2nd Floor, Bethesda, Maryland 2U814

• • rf 80= '

f CAUTION - L ATE Submiss.ons. Modif. cations. and Withdrawers See Seci.on L. Prows.on No 52 214 7 or 52 215-10 An oHers are sutweet to att terms ans condsteons contained in this soi. citation 10 FOR INFORMATION k

'" "Teresa MCLearen (301) 492-7533 Catt.

i

11. TA8LE OF CONTENTS 8/ll$EC l OE SCRIPTION l PACE tS) WlSEC l DESCRIPTION lPAGEIS' PART i - THE SCME OULE PART so - CONTR ACT clauses X

A l SOUCITATION/CONTR ACT FORM l

Xl 1 l CONTR ACT CL AUSES l20 X

B ~ SUPPUES OR SE RVICES AND PRICES / COSTS 2

• A av iii-Last Or DOCuhiENTs. rMai8 Ts AND Orut R AvrACs X

C DESCRIPTION / SPECS / WORK STATEMENT 3

Xl J l UST OF ATTACHMENTS I 23 X

D PACKAGING ANO MARKINc 9

PART w - RE REsENTAviONs ANO inst RuCriONs X

E INSPECTION AND ACCEPT ANCE 9

REPRESENTATIONS CERTIFICAT:ONS AND X

F DEUVERIES OR PERFORMANCE 9

X OTHER STATEMENTS OF 0F FERORS 24 X

C CONTRACT ADMINISTR ATION DATA

]Q A

L INSTRS. CONOS. ANO NOTsCES TO OF F E RORS 1n X

H SPECIAL CONTRACT REQUIREMENTS

}4 A

M EVALUATtGN F ACTORS FOR AWARD gg; OF F E R IMust be tulty compkfeOy ethrer)

NOTE lism 12 does not anoty of the sosicitet.on enesudes the prows ons si 52.214-16.M nenum tas Accootence Per.od.

I 12 in comonance witn the soove, the undersigned agrees. f this oHer is acceoted with n 90 ce,e,da, da,s,u,e,,,,de, de,,,,,,,ee,,,,ff,,e,,

period as saaerted 6y the offerors from the date for receipt of of ters sDecifeed abow. to furnish an, or all etems WDon whech Dr*Ces are offered at the prece se*

opoos-re eac* item. Geovered at tne oes.gnated point (sl. witmin ene time specified in ene schedwie 12 DISCOUNT FOR PROMPT PAYMENT l40CALENOA A OAv5 20 C ALEreOA A OAv 5 Jo C ALENGAR OAv5 CALENOAR DA

• b ISee stetson 1. classe.%e sg g22 g; gy9 g

14 ACKNO.*.L EOCVENT OF AVE NOVE NTS AVEh.OVE NT NO DATE AVENOVENT NO DATE fThe offr*or ackooe. ledges reerson of amend ments to the SOLICITA TIO.\\ for offerere end refered 60ti men ts num be ed end dared CODE (

l 8 A i.if v l l a e N AME AN O,,T e T L,E Os PE R 5 3% avT wo Ri2 E O T O S *G".

35A NAVE OrrER m or r nt, THE REGULATORY GROUP, INC.

ADDRESS 1511 K STREET, N.W., SUITE 545 FRED J. EMERY, PRESIDENT O,

OFFEROR iiASHINGTON, D.C. 20005 15m TELEPHONE NO sinesmer eres 15C CNECK IF RE vtTT ANCE ADORESS 3 A sA N WR f

~ m lna of FER OAYE (U M 628-1408 0s20'*Dn'sssse h

,P g,g$_gg S

E F ROM A ENTER AwARO (To be comptefed by GovernHnf)

I h

19 AC ; E C ' E O 4 5 T O s T EY5 N sv e t s. E O 20 AMOsN r 21 AC C OVN T tNG AN D Apopopa s A' *ON 22 A v T.* O R ' T v F Oss v5'NG 0 7 E s 1 ** AN f uL L AND OPEN C OVpt ei T TON 23 S.B'.*.T INVDCE S TO ADOEESS SHO/.N IN ["

i 1C S C 23A r

' i o U S C 253

• i

• • cope s =nku otheru as..p. e rferd -

7 2WDMiNtST E R EO 8 v t/rorner taan term 7' COOC l 2F PAvpENT **LL SE M ADE 8v cooE l 26 N AVE 08 CON T sa.C TING OF F 'C E R War or prints 2/. UNITS 3 ST ATES OF AMERICA 28 AW AR O DA'E ISesneture of Contreeting Offneres IMPOR7 ANT - Award will be maar on this Form or on Standard Form 26 or thr other authorised official written notice NSN IS4C 01.152 8064 ST ANDARD FORM 33 tREv a f:

33j33 FREVsOUS E Olf SON NOT US ASLE p.eurioen o, G5 A F Ase fee Le R) b3 Platt) 2 CPO 1985 0 - 489 991 2

4

~~

utE rs _ _ __ W. W ---_

y

, CONTINUATMM SIEET RS-ADM-86-216 2

ea es 84AME OF OFFEROM OR COPeTR ACTOR THE REGULATORY GROUP, INC.

ITEM NO.

SUPPLIES /SE RVICEs OUANTITY UNIT UNIT PRICE AMOUNT PART I - THE SCHEDULE Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The contractor shall present the U.S. Nuclear Pagulatory Comission's (NRC) two-day l

course entitled "The Regulatory Process" for a minimum of four times and a maximum of seven times each year during the life of the contract to NRC employees.

EST. MAX.

l Fixed Price per Course Session 14 EA S 5,860.00 $ 82,040.00 l

1 l

"'c'vYoYs"cS!vTI. vsAett 88'1

• en sTANoAnr sonM as carv. susi

• cro in) o - un-su (som 7lg'j"8 gCg3 333

^

c 3

(

RS-ADM-86-216 Page 3 B.2 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below.

Name:

)

Address:

Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1

Background

Since 1981, the Nuclear Regulatory Commission (NRC) has offered its staff a two-day course entitled "The Regulatory Process." The purpose of this course is to improve NRC employees' understanding of the role they and the NRC play,in assuring the public's safety and health.

Originally intended for the new NRC employee who had been "on board" for approximately six months, the course helped employees appreciate NRC regulatory processes by explaining and providing examples of the agency's functions.

Now the course is attended by employees of all levels and years of NRC experience.

The success of this course is heavily dependent on contractor support.

Since its beginning, knowledgeable ' contractor personnel h' ave gathered and developed information for the course and condGcted the training.

The NRC needs to contract for these services in order to continue to meet its training requirements.

The NRC is a small, independent regulatory agency of the Federal Government created by enactment of the Energy Reorganization Act of 1974.

The NRC's mission is to assure that the commercial uses of nuclear facilities and materials in the U.S. are carried out with proper regard for protection of the public health and safety, common defense and security, and the environment. The NRC licenses, regulates and inspects the possession and use of nuclear power plants and nuclear materials, including the safeguarding of nuclear materials and facilities from theft and sabotage, and the disposal of nuclear wastes. The NRC accomplishes its mission through licensing, rule-making, inspection and enforcement. The processes followed and the decisions made are complex, involving numerous people inside and outside the NRC and requiring adherence to numerous legal requirements.

+

RS-ADM-86-216 Page 4 The subject matter for "The Regulatory Process" course has many sources.

Because there is no central point of information on the NRC, the contractnr must draw on his/her own knowledge of Federal Gcvernment regulatory procedures and policies and NRC's regulatory processes.

The contractor, must also have the ability to learn new information about the NRC from diverse and changing sources.

Developments that affect the subject matter of the course often occur within hours of a scheduled session of "The Regulatory Process," and participants in the training may offer new information.

The instructor needs to be able to understand and incorporate this information during conduct of that session or within the training schedule.

Typically, the'NRC has required the conduct of five to six sessions of "The Regulatory Process" course annually in its training rooms in Bethesda, Maryland. Attendance is voluntary, so the NRC schedules the cour:es approximately every six months based on a projection of the number of sessions needed.

Several documents are available for use in instructing "The Regulatory Process. " These materials offer guidelines for the course content and instruction; however, due to variations in the subject matter and in the participants, the instructor's materials do not stand alone.

Successful teaching of this course depends on experienced trainers /facilitators who are knowledgable in the subject matter to assure the objectives are met and the course is tailored to the type and level of participation in the classroom.

C.I.2 Contract Objective By offering "The Regulatory Process" course, the NRC seeks to impart to its employees basic understanding of how this Federal Government agency works. At a minimum, the individual student is expected to be able to:

0 Describe the NRC's place in the Federal Government and the forces exerted by other government entities.

~

o Identify NRC's organizational structures in relation to its primary functions, goals, and products.

o Describe the processes for rulemaking in NRC.

Describe statutory and court roles in NRC rulemaking.

o t

i Describe licensing in NRC and its' relationship to rulemaking.

o Describe the purposes, procedures, participants, and products of o

the NRC licensing process, both currently and historically.

o Define the NRC's inspection, evaluation and enforcement functions and their significance.

Discuss the evaluation of NRC's processes and products in Ifght o

of current and historical events, and the NRC's technical and legal responsiblities.

/

RS-ADM-86-216 Page 5 The purpose of this contract is to continue to meet the NRC's need for training in its regulatory processes through a two-day course, to update and improve the training through contracted support, and to ensure that the objectives of the training are met.

i C.I.3 Scope of Work The NRC will provide training rooms and equipment, located at 81'20 Woodmont Avenue, Bethesda, Maryland, for the contractor's use in the performance of this contract.

A.

Course Introduction (1) The contractor shall provide qualified instructors to teach a customized two-day " Regulatory Process" course at the NRC's Bethesda, Maryland training facility. Students will include-NRC managers and professional personnel who the Project Officer schedules to attend the course.

Instructors shall be knowledgeable in nuclear regulatory policies and process'es, NRC organizational units involved in regulatory processes, and administrative law.

Instructors shall also be qualified to conduct the course for classes of up to 30 adult pro.fessi,onal students.

(2) Course. material shall be in accordance with the NRC-provided materials described in Section H.2, Government-Furnish,ed Material, and the instructor's professional knowledge in evaluating and enhancing learning through impromptu examples, 4

4 current events, and group-dynamic techniques within the schedule and objectives of this course.

l B.

Maintenance of Instructor Knowledge Instructors shall be responsible for maintairting their currency in the subject matter of this training.

Instructors shall be prepared to teach the course sessions and shall reconenend timely changes to the course materials, including the Instructor's Guide. To accomplish this task the contractor shall:

(1) Read and understand all course materials.

(2) Meet with and interview up to 10 NRC resource people who the Project Officer will designate.

(3) Read and understand printed information on the NRC~, such as news releases, Comunissioner's speeches, and miscellaneous documents that the Project Officer will provide approximately once a month.

Instructors shall accomplish this task prior to conducting the first training session.' Thereafter, the contractor shall contact the NRC resources by phone once a month for update information 4

and shall read the printed information that the Project Officer provides. The contractor shall recommend to the Project Officer timely changes to the course materials to keep each course session current and relevant. The contractor shall not make any modifications to the training materials except at the direction of the Contracting Officer (see paragraph F below).

RS-ADM-86-216 Page 6 u

1 C.

Course Materials l

The contractor shall reproduce and furnish copies of the student course book entitled " Regulatory Process," described in the Government-Furnished Material Section (Section H.2), in i

one-and-a-half inch three-ring binders identified with the NRC logo, title and cover art.

The contractor shall provide these i

copies of the student coursebook for each of up to 30 students per course session.

D.

Course Session Administration The contractor shall deliver all course materials to the designated NRC training site in Bethesda, Maryland prior to the start of each training session and set up the training facility, arranging furniture as necessary, laying out student materials, and preparing equipment and instructor aids. Ccring the training i

session, the contractor shall account for student attendance by lI assuring the completion of NRC registration forms. The contractor shall be responsible for preparing (by typing student names and completion dates) and distributing Course Completion l

Certificates to all students who complete two-thirds or more of j

the course. The NRC will supply the contractor with printed i

Course Completion Certificates'.

Innediately following each session, the contractor shall leave 1!he training facility neat i

with trash stowed in the trash cans and any extra student,

i

. materials boxed and placed in the back of the room or delivered t

to a nearby NRC office. The Project 0ffice shall determine the i

location for storage or deliviry of excess student materials j

prior to completion of each session.

~

E.

Evaluation Questionnaire l

(1) The contractor shall prepare a course eva'luation l

questionnaire to be completed by all students at the end of each course. The questionnaire shall be t'9igned to elicit student comments on'the value of the material taught, the l

quality of the instructor's changes ~ and any recommended additions to the course material. The contractor shall furnish the proposed questionnaire for the Project Officer's j

approval within 30 days after award 'pf the contract and shall incorporate any changes or revisions that the Project Officer directs.

In addition, any changes or revisions that 1

j the Project Officer may direct from time to time the contractor shall incorporate for use in subsequent course

-sessions.

4' (2) Within 15 days after the completion of each course session, the contractor shall submit to the Project Officer copies of all student questionnaires together with the contractor's assessment of any student. comments and recommendations for possible changes to the course.

1

)

4

__.,.r.,

.~,. -... *

..r-m,

.~,....m,c

,,,m

t RS-ADM-86-216 Page 7 F.

Course Modification (1) Minor Revisions The contractor may be required, from time to time, to provi'de minor revisions to the training material upon the request of the NRC Project Officer. During the contract period it is anticipated that approximately 80 man-hours per year will be required fo. these revisions.

Each revision would affect up to 20% of the total course material and there would be approximately five minor revisions per year.

The cost for the minor revisions should be included in the fixed price for course presentation.

NOTE:

The estimate of the man hours reflected for the minor revisions is information which is advisory only and is not to be considered as the sole basis for the development of a proposal. Sufficient detail of the proposed approach to task accomplishment must be reflected in the proposal.

(2) Major Course Modifications In addition, the NRC may have a requirement for a major course modification on the same subject matter.

In this event the contractor may be requested to modify the course material accor'dingly and to provide instructors to teach the modified course.

No changes involving additional cost to the Government shall be made without prior consent of the Contracting Officer through modification to the contract. Any major revision affecting more than 20% of the course material will be handled pursuant to the Changes Clause.

G.

Course Time and Places (1) The NRC anticipates that the contractor will conduct between four and seven courses each year under this contract. The NRC anticipates that the contractor will hold all ccurses in Bethesda, Maryland in NRC-provided facilities.

(2) The contractor shall conduct courses at the times and places that the Project Officer designates in writing. The Project Officer will give notice of the times and places for the courses at the earliest possible time but not later~ than 45 days prior to the beginning of each course. To the extent practicable, the Project Officer will consider and accommodate the contractor's other commitments at the time of scheduling.

(3) The NRC shall make every effort to schedule only the number of courses it needs during the life of this contract.

However, no less than 20 days prior to the time the NRC has scheduled a course to begin, the NRC may cancel the course without obligation to the government if the NRC determines that the need is insufficient to conduct the training.

i

\\

N RS2ADM-86-216 Page 8

~

l H.

Related Work in addition to the work required in Paragraphs A 'through F above, the NRC may require a specialized course on the same subject matter.

In' this event, the NRC may request the contractor to modify the course material accordingly and to provide instructors to teach the modified course. The contractor shall not perform any work under this provision unless the' Contracting Officer so directs pursuant to the Changes Clause of this contract and the contract is modified to -incorporate any such changes.

changes.

I.

Contractor Furnished Material The NRC Project Officer will review the contractor furnished materials for each course session for quality and accuracy.

If there are any errors or omissions in,the materials, such as l

problems of collation, legibility, and packaging, that the contractor has caused, the NRC Project Officer will reject the ~

material. The contractor shall correct all errors prior to the beginning of:each course session, at no additional cost to the government.

The contractor shall deliver one copy of these materials to the NRC Project Officer.for review, four days prior to the first day j

of each course session. The contractor shall deliver this copy to:

Delivery Address:

Mailing Address:

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mancgement Development Training Staff Management. Development Training Staff

{

Room 4100 Room 4100 7735 Old Georgetown Road Washington, DC 20555 Bethesda, MD 20814 The NRC Project Officer will comment on quality and accuracy of the materials no later than two days before the course session is scheduled to start.

C.2 Meetings and Travel C.2.1 The contractor shall meet with the Project Officer once a month, or as the Project Officer shall schedule, regarding updating or modification of instructional materials. However, the contractor shall not make any changes involving additional cost to the Government unless authorized by the Contracting Officer pursuant to the Changes Clause of this contract.

l, C.2.2 The NRC may also have a requirement to have the contractor conduct the course at NRC's Regional Offices, located as follows:

Region I

- 631 Park Avenue, King, o'f; Prussia, PA 19406 Region II

- 101 Marietta Street, Suite 3100, Atlanta, GA 30303>

l Region III

- 799 Roosevelt Road, Glenn Ellyn, IL 60137

~

~

I i

RS-ADM-86-216 Page 9 Region IV

- 611 Ryan Plaza Drive, Suite 1000, Arlington, TX 76011 Pegion V

- 1450 Maria Lane, Suite 210, Walnut Creek, CA 94596 In the event such a requirement occurs, the Contracting Officer will notify the contractor pursuant to the Changes Clause and an equitable adjustment to the cnntract amount will be negotiated and the contract will be modified accordingly.

Section 0 - Packaging and Marking Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance A.

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

Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items All documentation and other deliverable end items shall be provided as described under Section C.I.3, Scope of Work.

Upon expiration of this contract, the contractor shall furnish the NRC Project Officer with a complete master set of ill course materials and Nisual aids used during the' course in camera-ready, reproducible form.

F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Commission

• Attn:

Office of Division of Hail Stop:

Washington, D.C.

20555 Project Officer ( copies)

Division of Contracts (1 copy) 1

• • To be incorporated into any resultant contract F.3 Duration o.f Contract Period This contract shall become effective on either the date of award or the effective date as otherwise specified, and shall continue to completion thereof, estimated to occur within twenty-four months after

l RS-ADM-86-216 Page 10 said contract is effective.

The estimated completion date is

• To be incorporated into any resultant contract.

F.4 Quality Control The contractor shall assure that the quality of instruction and course materials employed fully satisfies the requirements of the Statement"of

~

Work.

In performance of this contract the contractor shall:

A.

Control the learning time so that the presentation of information remains organized, course objectives are met, breaks are provided within the overall course schedule and discussions are relevant (e.g., questions that are of minimal interest to the class as a whole should be answered later individually).

8.

Observe the effect of the instruction on the class and reasonably attempt to clarify, provide examples or modify the course to,

correct problems and enhance the students' understanding within the overall course schedule.

C.

Involve the students in sufficient practice with the subject matter to reinforce their understanding and recall of information.

D.

Correct any ' errors 'or other problems that may arise during the training session.

Section G - Contract Administration Data G.1 Contract Ceiling Amount The total amount of this contract for the delivery and acceptance of the products / services stipulated in Section 8 is The amount of funds available for performance under this contract is The contractor agrees to perform the work specified in the schedule and all obligations under this contract within the ceiling price. The ceiling may be increased by the Contracting Officer at his discretion from time to time by written notice to the contractor..

To be incorporated into any resultant contract.

G.2 Project Officer A.

The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract.

The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or

l RS-ADM-86-216 E

Page 11 dispute arising under the contract, or issue any unilateral directive whatever.

2 1

The Project Officer is responsible for:

(1) monitoring the Contractor's technical

progress, including surveillance and i

assessment _ of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5). assisting the Contractor in the resolution of technical problems encountered during performance.

Within the 1

purview of this authority, the Project Officer is authorized to 4

review all costs requested ' for reimbursement by Contractors and submit recommendations for approval, disapproval, or suspension for supplies / services required' under the contract.

The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the i

contract.

l

+

]

For guidance from the Project Officer to the Contractor to. be i

valid, it must:

(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed

terms, conditions or i

specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance-

]

or contract' delive'ry schedule; and, as s,tated above, (4) not constitute a basis for qny increase in the contract cost.

4 8.

Name and Mail Code:

i Office Address:

Telephone Number:

a

• To be incorporated into any resultant contract i

G.3 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:

i (1) The date of actual receipt of a proper invoice (original and 4 copies) to:

U.S. Nuclear Regulatory Commission Division of Accounting and Finance i

Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C.

20555 or (2) The date the supplies are accepted by the Government.

l

RS-ADM-86-216 Page 12 (b)

For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of these supplies in accordance with the terms of the contract.

(c)

If the supplies are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies.

(d) The date of payment by wire transfer through the Treasury Financial Communications Systems shall be considered the date payment is made for individual payments exceeding $25,000.

The date a check is issued shall be considered the date payment is made for individual paynents of $25,000 or less.

G.4 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.,C.

20555.

To constitute a proper invoice, the invoice must include the following in' formation and/or attached documentation:

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

(2) Contract number or other authorization for delivery of property or services.

(3) Description price and quantity of property and services actually delivered or rendered.

(4) Shipping and payment terms.

(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

(6) Other substantiating documentation or information as required by the contract.

j G.5 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on, overdue payments and improperly taken discounts.

r i

RS-ADM-86-216 Page 13 i

(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 provides that:

(1)

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

(2) Whenever a proper invoice is paid after the due date 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.

4 e

I t

I

~-

r-e

~ -,.,

,n,

(

RS-ADM-86-216 Page 14 Section H - Special Contract Requirements H.1 Key Personnel (a)

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

• To be incorporated into any resultant contract The Contractor agrees that such personnel shall not be remund 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 or his authorized representative, 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 must contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution.

The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

(d)

If the Contracting Officer determines that 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 that the resultant reduction of productive l

p

~

RS-ADM-86-216 Page 15 effort would be so substantial as 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, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the contract price' or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

H.2 Government Furnished Material The NRC will make available to the contractor the camera-ready masters of the following current course materials:

a.

The Instructor's Guide lists the course objectives and outlines a basic set of instructor's notes.

This Guide provides a backbone for the course of instruction.

It is 100 pages of single-sided text and packaged in a 1 and 1/2 inch three-ring binder with 12 numerical tabs.

b.

The Instructor's Visual Aids are 20 large paper charts for display on easels. The charts support portions of the training course and are neatly hand drawn in colored felt pens.

c.

The coursebook, entitled "The Regulatory Process," is tha student's do'cument 'for in-class exercises and future reference.

It is 200 pages with 12 numerical tabs and is packaged in a 1 and 1/2 inch three-ring covered binder.

The NRC also makes available some exhibits in the classroom for students to examine the instructor's reference.

The exhibits are a small collection of miscellaneous documents.

H.3 Dissemination of Contract Information (0MB Clearance Number 3150-0112)

The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral'or written, concerning the work performed under this contract without the prior written consent of the Contracting Officer.

Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.

Failure to comply with this clause shall be grounds for termination of this contract.

H.4 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H.3, publication of contract work of 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.

i

RS-ADM-86-216 Page 16 H.5 Drawings, Designs, and Specifications All drawings,

sketches, designs, design

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

H.6 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor may be furnished, or may develop or acquire, prpprietary 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.L.93-579), or other informat or which has not been released to the public or has been dete ned by the Commission to be otherwise exempt from disclosure f.a 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 i

this contract.

Failure to comply with this clause shall be grounds for tennination of this contract.

H.7 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments.

In the event that the Contractor's financial

~

RS-ADM-86-216 Page 17 institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9.

In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.

1.

Name and address of organization 2.

Contact person and telephone number 3.

Name and address of financial institution 4.

Contractor's Financial institutions'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 if'it receives electronic funds transfer messages through the Federal Reserve Communications System 7.

Name and address of the correspondent financial institution if the Contractor's financial institution does not receive electronic funds transfer messages through the Federal Reserve ~ Communications System 8.

Correspondent finan'cial institution 9-digit ABA identifyino number for routing transfer of funds 9.

Telegraphic abbreviation of correspondent financial institution 10.

Signature and title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing.

It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

H.8 Estimated Requirements-The quantities listed in Section B. of this solicitation are estimates of the amount of work which may be required and ordered hereunder.

If such requirements fail to materialize, such failure shall not

)

constitute grounds for equitable adjustment hereunder.

i 6

na-ADM-86-216 Page 18 H.9 Contractor Organizational Conflicts of Interest (0MB Clearance Number 3150-0112)

(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 curr~ent 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 920-1.5402(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 a 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 Co,ntracting Officer prior to pxecution 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 include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the 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:

RS-ADM-86-216 Page 19

\\

(i)

Use such information for any private purpose until the f

infortnation 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 infonnation in accordance with restrictions placed on use of the informa tion.

(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 (ED0) in accordance with the procedures outlined in 520-1.5411.

j 1

RS-ADM-86-216 Page 20 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.216-21 REQUIREMENTS.,(APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause.

The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order fre= the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under,this contract.

l (e) If the Government urgently requires delivery of any quantity of an item t

before the e,arliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not l

completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under

• this contract after (to be incorporated into any resultant contract).

(End of clause)

(R 7-1102.2(b) 1966 0CT) 52.233-3 PROTEST AFTER AWARD (JUN 1985)

(a) Upon receipt of a notice of protest (as defined in 33.101 of the. FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract.

The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its tenns and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Upon receipt of the final decision in the protest, the Contracting Officer shall either--

RS-ADM-86-216 Page 21 (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Defaul t, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or af ter a final decision' in the protest, the Contractor shall resume work.

The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Offi~ er c

shall allow reasonable costs resulting from the stop-work order in arriving.at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

(APR 1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

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

(APR 1984) 52.246-16 RESPONSIBILITY FOR SUPPLIES.

(APR 1984)

Section F 52.212-13 STOP-WORK ORDER.

(APR 1984)

Section I 52.202-1 DEFINITIONS.

(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.

(APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.

(APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.

(APR1984) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.

(APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.

(JUN 1985)

I

~

RS-ADM-86-216 Page 22 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.

(APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.

(APR 1984) 52.222-3 CONVICT LABOR.

(APR 1984) 52.222-26 EQUAL OPPORTUNITY.

(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.224-1 PRIVACY AC1 NOTIFICATION.

(APR 1984) 52.224-2 PRIVACY ACT.

(APR 1984) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) 52.232-1 PAYMENTS.

(APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT.

(JUL 1985) 52.232-11 EXTRAS.

(APR 1984) 52.232-17 INTEREST.

(APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS.

(APR1984) 52.233-1 DISPUTES.

(APR 1984) 52.237-2 PROTECTION OF GOVERNMENT 8UILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE.

(APR 1984)--Alternate III. (APR 1984) 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM).

(APR 1984) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM).

(APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).

(APR1984) l a

m 1

m

.=

RS-ADM-86-216' Page 23 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1

NRC Organizat'.on Chart 2

NRC Contractor Organizational Conflicts of Interest (Al CFR Part 20) 3-Standard Form 1411 with Instructions 4

Billing Instructions for Fixed Price Contracts e

i 6

to i

J

ATTAC M NT 1 f

~

I

{

~

j i

e

~

n$

i i I

,: i.i.-

~

g 3

g I

y I

I I

I r

t I

I ir 11 I

l,l -11 iil

! il illlill!ii ll!Illii.l i

.i I

I I

I I

I I

lil

.l!

5 5c

[j i

tr i

l'I I

ll!?

1;*ij!

f lli l

8 1

i I

l

-ll ll I

I 5

j s

i l

=

4

.I

!l!

4 l

l ll.l!I !l l

E

!k I

i it' i

i E

i i

i i

i il ll

.i ij 11 Il 11111111:,

l 1

llI

~

.l T

I I

I i

i 1

g 4

1 i

i l

11 I

l.- ij j!

I 1

i l

i TT 4

)

I 1

1

PART 20-1 -- GENERAL

{

Subpart 20-1.54--Contractor' Organizational Conflicts of Interest l

Sec.

5 20-1.5401 Scope and policy.

1 20-1.5402 Definitions.

1.5403 Criteria for recognizing contractor organizational sonflicts of interest.

i 20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

i j

20-1.5405-2 Special contract provisions.

1 20-1.5406 Evaluation, findings, and contract award..

]

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) i 20-1.5409 (Reserved) 20-1'.5410 Subcontractors.

i 20-1.5411 Waiver.

l 20-1.5412 Remedies.

AUTHORITY:

Sec. S, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) l 120-1.5401 Scope and Policy i

(a) It is the policy of the U.S. Nuclear Regulatory Ceaunission j

(NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with

]

organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of i

4 contract award.

l (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually j

a case-by-case basis is necessary if the policy is to be applied so as 4

to satisfy the overall public interest.

It is not possible to prescribe j

in advance a specific method or set of criteria which would serve to l

identify and-resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.

NRC contracting and program officials must be alert to other situations which may warrant application of this

{

policy guidance.

The ultimate test is: Might the contractor, if awarded the contrai:t, be placed in a position where its judgment may be biased,,

or where it may have an unfair competitive advantage?

i j

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only.

Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not -

covered by this regulation.

This. rule does not apply to the acquisition i

of consulting services through the personnel appointment process, NRC l I

,e.,-,-.~

~. -

,m,-,

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

,n,-,,,,,,,,,.

n,--a.,.g.,,.-m.,-,,n

,-cw_,.-,,,,

,.,--w,,,.,,, -, -,,.,,,,,.,,,., _,,,, _,,

\\

7590-01 agreements with other government agencies, international organizations.

or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.

i 520-1.5402 Definitions l

-(a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or

):

planned interests related to the work to be performed under an NRC contract which:

(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a j

biased work product, or (2) may result in its being given an unfair competitive advantage.

(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

(c) " Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

(d) " Technical consulting and management support services" means internal a3=lstance to a component of the hkC in tne tonnulation or t

administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not j

been made available to the public or proprietary information. Such services typically include assistance in the preparation of program j

plans; arid preparation of preliminary designs, specifications, or j

statements of work.

(e)

" Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).

(f)

" Contractor" means any person, firm, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants

)

or subcontractors, which is a party to a contract with the NRC.

(g)

" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual

~

controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)).

,(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.

i (i)

" prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel 4

(identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to

/

obtain a contract.

2-I

-_,7, y- - - - -, - -,. - - - - -

y-

.-,.a_

-c.,,.-.---,-u.--7

.c r..

.-..-.r-

--v--

--w et----,1 em

~_

i 7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may i

i arise from award of a proposed contract.

The tem " potential conflict of interest" is used to signify those situations which merit investigation J.

prior to contract award in order to ascertain whether award would give j

rise to an actual conflict or which must be reported to the contracting 3

i officer for investigation if they arise during contract perfomance.

I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest j

(a) General. Two questions will be asked in detemining whether i

actual or potential organizational conflicts of interest exist:

(1)Are j

there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC?

(2) May the contractor be given an j

j unfair competitive advantage based on the performance of the contract?

l The ultimate detemination by NRC as to whether organizational conflicts of interest exist will be made in light of conunon sense and good business j

i judgment based upon the relevant facts disclosed and the work to be j

perfomed. While it is difficult to identify and to prescribe in advance l

:;;:cific r.cth d for av0iding :11 cf the v:ricu: :itu:ti:n: cr relationships i[

which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation I

activities, or similar activities that lay direct groundwork for the l

NRC's decisions on regulatory activities, future procurements, and l

research programs.

l (b) Situations or relationships which may give rise to organizational l

conflicts of interest.

(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational i

conflicts of interest under the following circumstances:

l (1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same are: to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to I

any organization regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or-i marketing.

l (iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its l

judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.

i :

7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:

(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.

(ii) Whr re the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.

(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.

(c) Policy application guidance.

The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.

(1) Example.

The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.

In response to the inquiry in the RFP, the XYZ Corp.

advises that it is currently performing similar analyses for the reactor manufacturer.

Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp.

projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP...

i 4

I 7590-01 l

Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.

An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector i

which could create a conflict.

For example, ABC Corp. would be precluded l

from the performance of similar work for the company developing the i

advanced reactor mentioned in the example, f

(3) Example. As a result of operating problems in a certain type of conenercial nuclear facility, it is imperative that NRC secure specific j

data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.

Only one manufacturer i

has extensive experience with that type of plant. Consequently, that l

company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that l

might result from the data produced because those decisions affect the reactor's design and thus the company's costs.

i Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of j

t the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy i

with particular attention to the establishment of protactive mechanisms to guard against bias.

1 l

(4) Example. The ABC Co. submits a proposal for a new system for j

evaluating a specific reactor component's performance for the purpose of i

developing standards that are important to the NRC program. The ABC Co.

has advised NRC that it intends to sell the new system to industry once l

its practicability has been demonstrated.

Other companies in this l

business are using older systems for evaluation of the specific reactor l

component.

4 Guidance. A contract could be awarded to the ABC Co. provided that j

the contract stipulates that no information produced under the contract I

will be used in the contractor's private activities unless such information t

l has been reported to NRC. Information which is reported to NRC by contractors will nomally be disseminated by NRC to others so as to preclude an i

unfair competitive advantage that might otherwise accrue. When NRC i

furnishes infomation to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless l

such information is generally available to others.

Further, the contract will stipulate that the contractor will inform the NM contracting officer of all situations in which the infomation developed under the contract is proposed to be used.

i ;

u.

1

?

a 7590-01 l

4 I

(5)

Example. The ABC Corp., in response to a RFP proposes to l

assemble a map showing certain seismological features of the Appalachian fold belt.

In accordance with the representation in the RFP and i

520-1.5403(b)(1)(1), ABC Corp. infoms the NRC that it is presently I

doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated i

by the NRC study.

r 4

j Guidance. The contracting officer would nomally conclude that j

award of a contract would not place ABC Corp. in a conflicting role i

where its judgment might be biased.

The work for others clause of $20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could create a conflict of interest.

j (d) Other considerations.

(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to

{

a detemination of the existence of such conflicts prior to the award of l

a contract.

1 (2)

It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.

520-1.5404 Representation

)

(a) The following procedures are designed to assist the NRC contracting l

officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.

(b)

Representation procedure. The following organizational i

conflicts of interest representation provision shall be included in all j

solicitations and unsolicited proposals for:

(1) Evaluation services or j

activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational l

conflicts of interest provisions are noted in the solicitation and would i

be included in tde resulting contract.

This representation requirement j

shall also apply to all modifications for additional effort under the i

contract except those issued under the " changes" clause.

Where, however, 1

a statement of the type required by the organizational conflicts of i

interest representation provision has prev'ously been submitted with j

regard to the contract being modified, only an updating of such statement l

shall be required.

t l e 1

1 E

7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships j

of the type set forth in 41 CFR f20-1.5403(b)(1).

(c)

Instructions to offerors. The following shall be included in all NRC solicitations:

(1) If the representation as completed indicates j

that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting

~

officer.

If the contracting officer determines that organizational conflicts exist, the following actions may be taken:

(i)Imposeappropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411.

(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.

The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion.

Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.

If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.

(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.

j I 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause.

l 7590-01 All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:

(a) Purpose.

The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role i

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 perfonnance or participation by the contractor as defined in 41 CFR i

i 20-1.5402(f) in the actitities covered by this clause.

(c) Work for others.

Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with l

any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfonned under this contract.

Th:: 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 i

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 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an ininediate and full disclo ure in writing to the contracting officer.

This statement shall include a description of the action which the i

contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may, however, tenninate the contract for convenience i

if it deems such termination to be in the best interests of the government.

(e) Access to and use of infonnation.

(1)Ifthecontractorin the performance of this contract obtains access to information, such as i

NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1)Use 1

such information for any(private purpose until the information has been rele ded to the public; ii) compete for work for the Comission based t,

---

.w-,,-

,n-.-g,.+,,_,-,_nn.,,_,__,_,._._,___.,-,,.~_,-___-..,.e_,n.,.,,,

_n

_y_

,,___g_

,__.7-

-~--

7590-01.

i 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 i

public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of j

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.

i (2)

In addition, the contractor agrees that to the extent it r

receives or is given access to proprietary data, data protected by the i

Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the l

contractor shall treat such information in accordance with restrictions placed on use of the information.

i (3)

The contractor shall have, subject to patent and security i

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.

s

{

(f) Succontracts.

Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in l

subcontracts of any tier.

The terms " contract," " contractor," and

" contracting officer," shall be appropriately modified to preserve the l

government's rights.

t (g) Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest a

required to be disclosed concerning this contract or for such erroneous j

representations as necessarily imply bad faith, the government may i

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.

I (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined i

in120-1.5411.

l 520-1.5405-2 Special contract provisions.

(a)

If it is determined from the nature of the proposed contract i

that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a j

waiver in accordance with 1 20-1.5411, neutralized through the use of an i

appropriate special contract provision.

If appropriate, the offeror may j

negotiate the terms and conditions of these clauses, including the j

extent and time period of any such restriction. These provisions include but are not limited to:

9 i

i lL - --

7590-01 2

(1) Hardware exclusion clauses which prohibit the acceptance of l

proouction contracts following a-related nonproduction contract previously I

performed by the contractor; e-l (2) Software exclusion clauses; (3) Clauses wnich require the coitractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential' data and j

guard against its unauthorized use.

(b) The following additional contract clause may be included as-section (1) in the clause set forth in s 20-1.5405-1 when it is determined j

that award of a follow-on contract would constitute an organizational conflict of interest.

(i) Follow-on effort.

(1) The contractor shall be. ineligible to 3

{

participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of i

f work under this contract.

Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation-activities j

under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially 1

involved in the development or marketing of such products or services.

a (2)

If tne contractor under this contract prepares a complete or i

essentially complete statement of work or specifications, the contractor

{

shall be ineligible to perform or participate in the initial contractual i

effort which is based on such statement of. work or specifications.

The contractor shall not incorporate its products or services in such statement.

of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.

?

3 (3) Nothing in this paragraph shall preclude the contractor from offering or selling its standarc commercial items to the government.

1 j

i 20-1.5406 Evaluation, findings, and contract award i

The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) j and other relevant information. After evaluating this information against tne criteria of 120-1.5403, a finding will be made by,the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.

If it has oeen determined that' conflicts of I

interest exist, tnen :ne :entracting officer shall eitner:

(a)

Disqualify the offeror from award, I

{

]

f I

7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.

120-1.5407 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.

520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with 520-1.5404(b) from subcontractors and consultants.

The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.

120-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.

Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do 50.

Such action shall be strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.

For any such waivers, the justification and approval cocuments shall be placed in the Public Document Room..

m

7590-01'

,w's 120-1. 5412 Remedies In addition to such o'ther remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest requireo to be' provided for this section, the NRC may debar the contracter from subsequent NRC contracts.

Dated at Washincton. D.Cthis 27th day of March

1979, Fo-the Nuclear Regulatory Commission l

O r

db

@

• Uk Samuel-). Chilk e

Secretary of the Commission

\\

/

e' 4

6 k

A.

~

s

- A.

2 r

f

\\

BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS General. The contractor shall submit vouchers or invoices as prescribed herein.

Form. Claims shall be submitted on the payee's letterhead, invoice or on thTGovernment's Standard Forin 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Order Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 701 North Capitol Street, Washington, DC 20801.

Number of Copies and Mailing Address. An original and six copies shall be submitted to NRC offices identified below.

-Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.

Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be initialized.

It must include the following:

(a) Payor's name and address.

(1) Address the original voucher (with 4 copies) to:

U.S. Nuclear Regulatory Commission Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Sections, Washington, DC 20555.

(ii) Address 2 copies to:

U.S.

Nuclear Regulatory Commission, ATTN: E. L. Halman, Director, Division of Contracts, Washington, DC 20555. (iii) The original copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer.

(b) Voucher number.

(c) Date of voucher.

(d) Contract number and date.

(e) Payee's name and address.

(Show the name of the contractor and its correct address, except when an assionment has been made by the contractor or a different payee has been designated, then

)

insert the name and address of the payee.)

i (f) Description of articles or services, quantity, unit price, and total amount.

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

~

. (g) Weight and zone of shipment, if shipped by parcel post.

(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.

(1) Instructions to consignee to notify Contacting Officer of receipt of shipment.

(j) Final invoice marked:

FINAL INVOICE" Currency. Billings may be expressed in the currency nornelly used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.

1 i

-m e-.

-,