ML20198D845

Contract: Microcomputer Installation & Setup. Awarded to Rds Sys,Inc

ML20198D845
Person / Time
Issue date:	05/02/1986
From:	Holloway R NRC OFFICE OF ADMINISTRATION (ADM), RDS SYSTEMS, INC.
To:
Shared Package
ML20198D836	List: ML20198D833 ML20198D845
References
CON-FIN-D-1405, CON-NRC-33-86-274 NUDOCS 8605270082
Download: ML20198D845 (47)

Text

y I'

ha j

AWARD /CINTR'ACT

'$'&C0NTRAC 50f00RDER I$

^T

"^""0 9 op, CF

1. CON T R AC T. ft'ror. Jnst. / den t.) NO.

b [db-M's M'/

3.EFF g v OgT4g

a. H EQUI 5a TION /PURCHAbE REQUEST pROJEC T No.

f RFPA No. ORM-86-274

s. 5 sued av CODE!

^

' " ' ^ * * " " " #

U. S. Small Business Administration CODE l Washington District Office f'

1111 18th Street, N.W., 6th Floor Washington, DC 20417 7, NAVE AND ADORE 55 OF CON T R ACTOR (No.. street, city, county. State end 4/P Codes

8. OELi vE R Y P.DS Systems, Inc.

6110 Executive Boulevard FOB ORIGIN OTHER (sce 6clou,1 Rockville, MD 20852

'- '5c ""

"*a ""^ ***'

10. SUBMIT INVOICES 4 TEM

~%

(4 eopus unkn other.

suise spectried) TO THE CODE l'

FACILITY CODE ADORESS SHOWN IN:

3 3. 5H69 TO/M ARs( FO R

12. PAYMEN T WILL OF MADE SY See Prime Contract See Prime Contract

[3 AUTHORtTV FOR USING bTHER THAN FULL AND OPEROilPETII

~

TION:

14. ACCOUNTING AND APPROPRIATION DAT A O io u.S C. 230.icn

@ 4, u.S C. 253 en 5 -

I

)

See Prime Contract 15A. ITEM NO 158. SUPPUES/SE RVICES 15C. QUANTITY 150. UNIT 15E. UNIT PRICE 15F. AMOUNT See prime contract and Page 2 for Special 8(a) Subcontract Clause, r605270002 860502 PDR CONTR NRC-33-86-274 PDR i

ISG. TOTAL AMOUNT OF CONTRACT > $

16. TABLE OF CONTENTS V) l$EC l OESCRIPTION lPAGE(S)

V) l SEC. l OESCRIPTION lPAGE(S)

PART I-THE SCHEDULE PART 11 -CONTRACT CLAUSES A

A SOLICITATION / CONTRACT FORM I

Xl t l CONTR ACT CLAUSES l

2 B

SUPPLIES OR SERVICES AND PRICES / COSTS PART lit - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION / SPECS 1 WORK STATEMENT lJ l LIST OF ATTACHMENTS l

0 PACK AGING AND MARKING PART tv - REPRESENTATIONS AND INSTRUCTIONS E

INSP(CTION AND ACCEPTANCE K

REPRESENTATIONS. CERTIFICATIONS AND F

DELIVERIES OR PERFORMANCE OTHER STATEMENT 9 OF OFFERORS G

CONTRACT ADMINISTR ATION DATA L

INSTRS.CONOS., ANO NOTICES TO OFFliRORS H

SPECIAL CONTRACT REQUIREMENTS M

EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICA8t E

@ CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re.

27.

18.

AWARD (Contreetor is not requsred to asan this document.) Your extred te sian thie document and return copies to saaming offier.)

otter on soticatatson Number Cu tractor agrees to f urnism and desaver ais stems or perform als tne services set foetn er otherwise ecentereeo aoove and on any continuation sneets for tne including the additions or cnanges made by you wn cn addit ons or cnanges.

t wsideration statea nerein. Tne rients and censations of one parties to inis are set tortn m full above..s nereoy accooted as in ene stems hsted above and on any contsnuation sneets. Tnis award consummates tne contract wneen con.

contract snail De sunsect to and governed oy the rossowing documentti (a) tnis sists of the following documents: ta) Ine Government's solicitat on and your awardentract. (t1 ine soincitation et any, ananci suen provisions, representa-Iso e s. certificatior.s. and specifications as are attached or incorporated by of fer, and (DI inis awara/ contract riu furtner contractuas document es neces.

sary, ref ere:c) nerein. (A ttechments are lasted herenn.)

19A. NAME ANO TITLE OF SIGNER (Type or print) 20A. NAME pF CONTRAC TING OFFICER j in t') )i t I?h b f. 's LC W q,

i

~

398. N AME QF CONT R ACTOR 19C.OATE S#GNED

,, Q[EC/1TATES OF AME4#iC A 208.UN#

20C. OAT sag EO i,

-, ^ i/L echta Of ce i,

a as.,n.ture or mni,ect.m brue,,,~

3,- fl n

(5,, nature or,c, n.urnomed to..an, NSN 75a0-01 152 8069 26 107 PR;VIOUS EDITION UNUSASLE STAN,DARD FORM 26 (REV. 4 8$)

d y A

e Page 2 52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS (APR 1984)

(a) The Small Business Administration (SBA) has entered into Contract No. NRC-33-86-274 with the U. S. Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) RDS Systems, Inc., hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform

~

all of the requirements of Contract No. NRC-33-86-274 for the consideration stated therein and that it has read and is fs1111ar with each and every part of the contract.

(2) That the SBA as delegated responsibility for the administration of this subcontract to the U. S. Nuclear Regulatory Commission with complete authority to take any action on behalf of the Government under the terms and conditions of this. subcontract.

(3) That it will not subcentract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U. S. Nuclear Regulatory Commission.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the U. S. Nuclear Regulatory Commission.

. (End of clause)

~

(AV1-1.713-3(e)(1))

e

t MMMMTRMT

' T"'s CONTRACT IS A RATED ORDER R A T eNG PAGE OF PACES

• UNDER DPAS 115 CFR 350) 1 l 28 a.CONTR g er g g

NO.

2. Er rECTivE DAT E

4. REouisif.ON PURCHASE REavEST PPO;ECT NO.

/

/

APR o 9 m -

ORM-86-274

s..SSUEO ev gg, j

<,. AOn N.S T E R eO e y tu o,=,, nn.n 1,'"

U. S. Nuclear Regulatory Connission CODEI Division of Contracts i

Washington, DC 20555 i

F. NAME AND ADORESS OF CONTR ACTOR INo...treei esty, county. St.te.nd ZIP CodeJ

8. DELt V E R Y i

PRIMEi U. S. Small Business Administration Washington District 0-fice FOB ORIGIN M OTHER isee 6cto.s 1111 18th Street, N.W., 6th Floor

e. DiSCOuNr FOa PaOMPT PAvMENT

~

Washington, DC 20417 SUS:

RDS Systems Inc.

6110 Executive Boulevard Rockville. M) 20852 1 SUBMIT INVOICES l STEM

<< earse. nu ounev.

COOE

.ms/wds TO THE See Block 12 FACILITY CODE ADORESS SHOWN IN:

13. SH8P TO/MARMFOR 3 P M

we O SY U.S. NRC, Attn: Mr.StepSenHedlund,P-622 4

Washington, DC 20555 GOV /COM Accounts Section Washington, DC 20555 I3. AUTHORITY l OR USING OTHER THAN FULL AND OPEN COWEYl.~

~F

14. ACCOUNTING AND APPROPRI ATION ATA FNNb:

0 8 OBL GA hk:

16.026.90

@ 4: u.s.C. 253lc88 5.

3

.S.c. 23o4cm i

1M. ITEM NO I 156. SUPPUES/ SERVICES 15C. QUANTITY 150. UNIT 15E. UNIT PRICE 15F. AMOUNT The U. S. Nuclear Regulatory Commission (NRC) hereby accepus RDS Systems, Inc,, proposal, dated r bruary 20, 1986, in response to RFP RS-ORM-86-274, as revised by e

RDS Syntems, Inc., proposal dated April 7,1986, all of which are incorporated herein by reference, to provide on-call: service for the setup, installation, relocat on.

diagnohtics, and replacement of microcomputer hardware.

See Clause 52-219-11 Section I, for Specia' 8(a) Contract Conditions.

150. TOTAL AMOUNT OF CONTRACT > $

16. TABLE OF CONTENTS VI lSEC. l DESCRIPTION lPAGE(S)

VI lSEC. l OESCRIPTION lPAGE(S) l PA RT I - THE SCHEDULE PART il - CONTR ACT CLAUSES X

A SOLICITATION /CONTR ACT FORM l

Xl 1 l CONTRACT CLAUSES l

l6 X

8 SUPPLIES OR SERVICES AND PRICES / COSTS 2

PART sie - LeST OP OOCUMENTS, EXHtBITS AND OTHER ATTACH.

X C

DESCRIPTION / SPECS 1 WORK STATEMENT 6

X l

.I l UST OF ATTACHMENTS l 28 X

D PACKAGING AND MARKING 8

- PART IV - REPRESENTATIONS ANO INSTRUCTIONS X

E INSPECTION AND ACCEPTANCE 9

K REPRESENTATIONS. CERTIFICATIONS AND X

F OELIVERIES OR FERFORMANCE g

OTHER STATEMENT 4 OF OFFERORS I

X G

CONTRACT ADMINISTRATION DATA 9

L INSTRS. CONDS. ANO NOTICE S TO OF FE RORS X

H SPECIAL CONTRACT REQUIREMENTS 12 M

EVALUATION FACTORS FOR AWARD CONTRACTING 0FFICER WIL L COMPLETEITEM 17 OR 18 ASAPPLICABL E 11 CONTRACTOR'S NEGOTIATED AGREEMENT (Contratter s. re-18.

AwARO IContr.etor I. not requored to.ian ins. document.J Your m:'.!r.?:;Ja."Ji="it"t.'n::".n..

. !?tatiW:E*!a'id

• n'ai.", 5ft!'n'=r".rin.n-. o.,ou.n..

... n, o, en.n.;

3llJJ.'."*',*L#."O"T"?,",,n'."*.#" *"%'?"'3"!."?n". '"."% 's in"

'# !0 'M"a",.'i o,30 Tnt'E*/Of' '.' '.'t.',"in"'*Ju'.'".'#t"lo"n"

"Me'J"*.' **d"t*!'#JfJn"/,"!?,"!n'"L'f" "'"P?o*,'"JS'M.W

!!!!,*' 1",*di'!?,",'"1??!M?,"W. ',t'o ',"J,lit!"J*f"c',?.'?='at" *"*Jf."!

c A' *.'.','*"'<'tf."c?,d*:T'.A'C;;f n, u"*"* * '"****'"

S NAME AND T6TLE,OF SsGNER (Type orprint) 20A. NAME OF CONTRACTING OFFICER b

$)

)

J l gNAME OF CONiryCTOR i s/

19 TE NED 2p UNITE ST ER 20C. O TE Ss9NED f

s'

, p -M& +g.M7 by,d r a

G/ ' gy

/

1%

//

l

~ essen.sure orperoon. unnamed so mans s --,J (,;

pisten.ture oT ~c5n fPesupfDtticerff I/

l sesso ts40-os.:52 804e

[

[

sdAh0ARo FOdM 26 [REV. 4 8s) 26 107 maaveOU3 EOsTeON uNUSAeLE gr.gdgygA i

~

~ - - -

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

sweano poem u. July i,a l'

M Q, T 'y g,

CONTINUATION SHEET 2

28 4

penas or opptoce ce CONTRACTCe fMM NO.

$UPPUES/5ftveCES QUANfffY UNIT UNffPeeG AMOUNT Section B - Supplies or Services and Prices / Costs The Contractor shall provide on-call services as listed below for the U. S. Nuclear Regulatory Connission's microcomputers, teminals, printers and related equipment. These services shall be performed during nomal working hours, l

8:00 a.m. to 5:00 p.m., Monday through Friday.

ESTIMATED NO.

FIRS.,VEAR OF HOURS Per Hour 1

Setup - If required, unbox equipment, peripherals (monitors, printers, etc.) plug in 4

if i

required, install internals such as boards and i

chips; run diagnostics to assure equipment is operating properly. The contractor shall respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of notification.

Minimum two hours per call.

100

$31.55

$ 3155.00 2

Installation - Add on, to existing system, peripherals or internal boards or chips and assure equipment is operating properly. The contractor shall respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> 'of notification. Minimum two hours per call.

133

$31.55

$ 4196.15 3

Relocation - Unhook microcoinputer 'from its '

peripherals ~ and move all, or part, to a new location and reinstall, and assure equipment is operating properly. The contractor shall respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of notification.

Minimum two hours per call.

25

$31.55

$ 788.75 4

Diagnostics and Replacement - Run diagnostics on microcomputer and/or one or more of the peripherals to detemine equipment problem.

Once the problem is identified, the contractor shall, if possible, replace defective periph-erals, boards, cables, memory chips, processor chips or co-processor chips on both the system I

unit board and on expansion boards.

Replacemenu parts shall be furnished to the contractor by the NRC. The contractor shall respond within four (4) hours of notification NOTE: The contractor is not authorized to repair defective peripherals, boards, cables, memory chips, processor chips or co-processor chips.

First Hour 50

$47.32

$ 2366.00 Each Additional Hour 50

$31.55

$~1577.50 l

m.ies

lor er. ee. or occ. ee.e co==.

race g., T 'y y CONTINUATION SHEET 3

28 na.e or omeos on commacrom gy334 peg, SUPPUE$/$fRVICIS QUANTl1Y UNIT UNIT PRG AAtOUNT E

E SECTION B - FIRST:: YEAR - Continued S

Per Hour 5

Diagr.ostics (Warranty Service) - Run diagnostics on microcomputer and/or one or more of the peripherals to detennine ' equipment problem.

The corstractor shall respond within four (4) hours of notification.

First Hour 25

$47.32

$ 1183.00 Each Additional Hour 25

$31.55

$ 788.75 6

Install Re) aired Equipment at the NRC location specified )y the Project Officer, assuring equipment is operating properly. The contractor shall respond within four (4) hours of notifi-cation.

First Hour 25

$47.32

$ 1183.00 Each Additional Hour 25

$31.55

$ 788.75 ESTIMATED TOTAL

$16,026.90 The on-call service charges shall include travel costs to and from the site. Charges shall be.

computed to the nearest one-half hour.

. The hourly charges shall consnence when the contractor's service employee arrives at the designated NRC service point and end upon completion of the service effort at the desig-nated NRC service point.

OPTION YEAR 1.

Setup - If required, unbox equipment, plug in peripherals (monitors, printers, etc.); if required, install internals such as boards and chips; run diagnostics to assure equipment is I

operating properly. The contractor shall l

respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of notification.

Minimum two hours per call.

100

$ 33.12

$ 3312.00 l

l t

i

---

W*'*O*'*****'''#'

t e

simeno roam u. m seu

******c**c***'-

l o' 7, oc". E*'Wi eg CONTINUATION SHEET 4

28 ews w.onaos ce ca.ne.cros ITEM NO.

SUPPutS/SERYlCES QUANTITY UNIT UNIT PRIG AMOUNT 3ECTION B - OPTION YEAR - Continued ESTIMATED NO.

OF HOUR 5 per Hour 2

Installation - Add on, to existing system, peripherals or internal boards or chips and assure equipment is operating properly. The contractor shall respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of notification. Minimum two hours per call.

133

$33.12

$ 4404.96 3

Relocation - Unhock microcomputer from its peripherals and move all, or part, to a new location and reinstall, and assure equipment is operating properly. The contractor shall respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of notification.

Minimum fwo hours per call.

25

$33.12

$ 828.00 4

Diagnostics and Replacement - Run diagnostics on microcomputer and/or one or more of the peripherals to detennine equipment problem.

Once the problem is identified, the contractor shall, if possible, replace defective periph-erals, boards, cables, memory chips, pmcess. '

chips or co-processor chips on both the system unit board and one expansion boards. Replacement parts shall be furnished to the contractor by the NRC. The. contractor ~ shall respond within four (4) hours of notification.

NOTE: The contractor is not authorized to repair defective peripherals, boards, cables,'

memory chips, processor chips or co-pmcessor chips.

First Hour 50

$49.68

$ 2484.00 Each Additional Hour 50

$33.12

$ 1656.00 5

Diagnostics (Warranty Service) - Run diagnostics

~

on microcomputer and/or one or more of the peripherals to determine equipment problem.

^

The contractor shall respond within four (4) hours of notification.

First Hour 25

$49.68

$ 1242.00 Each Additional liour 25

$33.12

$ 828.00

~

6 Install Re) aired Equipment at the NRC location specified )y the Project Officer, assuring equipment is operating properly. The contractor shall respond within four (4) hours of notifi-cation.

First Hour 25

$49.68

$ 1242.00 Each Additional Hour 25

$33'.12

$ 828.00 ESTIMATED TOTAL 16,824.96 sm

1 sfueAno roen u. mv se4 l*

,. &%,T"^."'"

CONTINUATION SHEET 5

28 Masse or oppenas os CopeAcca fitM p.O.

SUPPues/ SERVICES QUANTITY UNtf UNff PRIG AMOUNT SECTION B - OPTION YEAR - Continued The on-call service charges shall include travel costs to and from the site.

Charges shall be computed to the nearest one-half hour.

The hourly charges shall commerce when the contractor's service employee arrives at the designated NRC service point and end upon completion of the service effort at the designated NRC service point.

• e e

o O

IP e

N l

l i

.u...

f 0

NRC-33-86-274 Page 6 Section B - Supplies or Services and Prices / Costs (Continued)

B.2 Remittance Address If item ISc. 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 a.

The contractor sha1I' provide on-call service for the

setup, installation, relocation, dfagnostics, and replacement of microcomputer hardware at the prices shown in the schedule for the equipment listed below.

The Government reserves the right to add items to the list below as the need for new equipment, peripherals, and boards arise.

This will be accomplished by modification to the contract subject to the mutual agreement of the parties.

- PERIPHERALS BOARDS IBM PC IBM MONOCHROME AND PRINTER ADAPTER IBM PC/XT IBM COLOR GRAPHICS MONITOR ADAPTER IBM PORTABLE IBM ASYNCHRONOUS COMM ADAPTER IBM PC/AT IBM BISYhCHRONOUS COMM ADAPTER COMPAQ IBM FLOPPY DISK DRIVE CONTROLLER ADAPT COMPAQ PLUS IBM FIXED DISK DRIVE CONTROLLER ADAPT MONOCHROME MONITOR IBM SDLC COMM ADAPTER COLOR GRAPHICS MONITOR IBM 5520 EMULATION ADAPTER AMDEX MONITOR IBM PRINTER ADAPTER ENHANCED COLOR GRAPHIC MONITOR IBM ENHANCED COLOR GRAPHICS ADAPTER IBM GRAPHICS PRINTER IBM EXPANSION MEMORY ADAPTER IBM PROPRINTER IBM 3278/79 EMULATION ADAPTER IBM QUIET WRITER AND PRINTER AST SIX-PAK-PLUS MULTI-FUNCTION ADAPT EPSON MX80 HAYES SMARIMODEM ADAPTER 12008 EPSON FX80 MATH CO-PROCESSOR 8087 EPSON FX100 PROCESSOR CHIP 8088 EPSON FX100+

IBM MEMORY CHIPS EPSON FX185 HP LASER JET l

IIP 7475A PLOTTER

\\

POLIROID PALLETTE j

HAYES SMART MODEM OR LOOX-A-LIKE l

NRC-33-86-274 Page 7 b.

The contractor shall be familiar with the procedures for gaining access to the various NRC buf1 dings and the procedure for removing NRC-property from the buildings.

c.

Equipment to be serviced under this contract is located in the following NRC buildings:

Air Rights III Buf1 ding 4550 Montgomery Avenue Bethesda, Maryland i

I East West / South Towers Buf1 ding 4340 East West Highway Bethesda, Maryland East West / West Towers Buf1 ding 4350 East West Hfghway Bethesda, Maryland l

Maryland National Bank Buf1 ding 7735 Old Georgetown Road Bethesda, Maryland Phillips Buf1 ding 7920 Norfolk Avenue Bethesda, Maryland Woodmont Bu11d1ng 8120 Woodmont Avenue Bethesda, Maryland Ford Buf1 ding 7101 Wisconsin Avenue Bethesda, Maryland Nicholson Lane Buf1 ding 5650 Nfcholson Lane Rockville, Maryland W111ste Buf1 ding 7915 Eastern Avenue Sfiver Spring, Maryland

_Ord: ring The contractor shall accept oral orders under this contract placed a.

by the Contracting Officer or the Contracting Officer's Authorized Representative.

effective date of contract through its expiration. Orders may be placed under t O

_.-= -_

NRC-33-86-274 Page 8 b.

All orders issued hereunder are subject to the terms and conditions of this contract.

The contract shall control in the event of conflict with any order, When an oral. order is placed, the contractor shall prepare a service c.

order as spectffed in C.3.b. below.

C.3 Ordering Procedures Unless otherwise authorized by this contract, orders will be placed a.

telephonically to the contractor by the NRC Project Officer or his/her designee, specifying:

Contract Number Make and model of equipment NRC tag number NRC location of equipment NRC contact and phone number Description of problem At the time a service order 1s placed, the contractor shall, if directed by the Project Officer, first stop at the NRC Phillips Building, Room P-622, to pick up replacement peripherals, boards, chips, or property pass to be used on the service call.

4 b.

The contractor shall document each service call through the use of consecutively numbered service orders in a form acceptable to the NRC. As a minimum, the service orders shall include the following:

Seryfce Order Number Date and time notified.

Date and time arrival NRC location of equipment NRC contact Type and model number (s) of equipment j

Time spent for service Description of malfunction 1

Action taken Signature of NRC contact Signature of contractor A copy of each completed service order shall be submf tted to the Project Officer or his/her designee, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of completion of a service call.

Each invoice shall be accompanied by a copy of the service order signed and certified by the Project Officer or his/her designee.

(See Section G.5 for additional information on preparing invoices.)

Section 0 - Packaging and Marking The Contractor shall use standard comercial packaging for all items to be delivered unless specified.otherwise.

i I

i O

a NRC-33-86-274 Page 9 Section E - Inspection and Acceptance

' Inspection and acceptance of the services rendered hereunder shall be made at the destination.

Section F'- Deliveries and Perfomance F.1 Duration of Contract Period The period of performance hereunder shall commence on the effective date of this contract and end twelve (12) months thereafter.

Option to Extend the Period of Perfomance This contract may be extended for one additional 12-month period at the unit prices set forth under Section B, Option Year, at the option of the Government by the Contracting Officer.

The Contracting Officer will give p(reliminary written Notice of an Intent to exercise such option sixty 60) ' days prior to the last day of the period of perfonnance (such preliminary Notice shall not be construed as an exercise of the option) and will not bind. the Government to exercise the option.

If the Government exercises the option, the total duration of this contract, including the exercise of the option, shall not exceed twenty-four (24) months.

F.2 Quality Control The contractor shall assure that all services rendered under this contract are performed by competent personnel, experienced and highly qualified to provide required services, in accordartce with the best commercial practices, with unnecessary delays or interference with Government functions.

Section G - Contract Administration Data G.1 Accounting and Appropriation Data 88R Number:

80-20-25-G5 FIN Number:

D1405 G.2 Total Amount of the Contract Ceiling The estimated amount for performing the work under this contract is

$16.026.90.

The estimated amount may be increased by the Contracting Officer at his discretion from time to time by wrf tten notice to the contractor.

When and if the amount (s) paid and payable to the contractor hereunder shall equal the ceiling, the contractor shall be excused from further performance of the work (except to meet existing connitments and 11abf11 ties) unless and untf1 the Contracting Officer shall increase the amount obifgated with respect to this contract.

,-.--r

---

~ -~-

NRC-33-86-274 Page 10 G.3

_ Project Officer A.

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

The Project Officer is not authorized to a) prove or request any action which results in or could result in an increase in contract cost; or teminate, settle any claim or dis)ute arising under the contract, or issue any unflateral directive w1atever, The Project Officer is responsible for:

(1) monitoring the Contractor's technical

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

Within the purview of this authority, the Project Officer is authorized to review all costs requested

. for reimbursement by Contractors and submit reconmendations 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 cf ted in the contract.

For guidance from the Project Officer to the Contractor to be valid, i

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 specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.

B.

Name and Mail Code:

Stephen P. Hedlund, P-622 Office Address:

U.S. Nuclear Regulatory Connission 4

Office of Resource Management Division of Data Automation and t

Management Information Washington, D.C.

20555 Telephone Number:

(301) 492-8219

. G.4 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:

t i

NRC-33-86-274 Page 11

]

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

20555 4

or (2) The date the final delfverable product / service is accepted by the Government.

(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 the final deliverable product / service performed in accordance with the terms of the contract.

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

(d) The date of payment by wire transfer through the Treasury Financial Comunfcations System sha11 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 payments of.$25,000 or less.

G.5 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear' Regulatory Cormnission Division of Accounting and Finance Office of Resource Management i

ATTN: GOV /COM Accocnts Section Washington, D.C.

20550.

To constitute a proper invoice, the invoice must include the following information and/or attached docu. mentation:

(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.

l (4) Shipping and payment terms.

(5) Name (where practicable), title, phone number, and complete mailing

)

i address of responsible official to whom payment is to be sent.

o NRC-33-86-274 Page 12 (6) Other substantiating documentation or infomation as required by the contract.

G.6 Interest on Overdue Payments (a) The Prompt Payment Act, Public.aw 97-177 (96 STAT. 85, 31 USC 1801) is appifcable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.

(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, ONB 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 i

f ssues concerning compliance with the tems of the contract.

(2) Whenever a proper invoice is paid after the due date plus 15 days, interest wi.11 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.

Section H - Special Contract Requirements H.1 Subcontracts for Work or Services No contract shall be made by the contractor with any other party for i

furnishing any of the work or services required herein without tfie prior written approval of.the Contracting Officer.

This provision shall not be construed, however, as requiring the prior. approval of contracts of i

employment between the contractor and personnel assigned by the i

contractor to provide services hereunder.

H.2 Contractor Organizational Conflicts of Interest (OM8 Clea~rance Number 3150-0112)

(a) Purpose. The primary purpose of this clause is to afd in ensuring I

that the Contractor:

(1) Is not placed on a confifeting role because of current or planned interest (financial, contractual, organizational, or i

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 i

performance or participation by the Contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this clause.

l l

NRC-33-86-274 Page 13 (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 fim or organization, the result of which may give rise to a

)

any confilet 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 fim or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure after award.

(1)

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

(2)

The Contractor" agrees that if after award it discovers organizational confifets 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 to informa tion, such as NRC plans, policies, reports, access 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:

(f)

Use such infomation for any private purpose until the information has been released to the public; (ff) compete for work for the Commiss1on based on such infomation for a period of sfx (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (fif) submft an unso11eited proposal to the Government based on such information until one year after the release of such information to the public, or

NRC-33-86-274 Page 14 (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 i

the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical.. business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the infomation.

(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 tems " 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 4

intentional nondfsclosure 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 teminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract.

(h)

Wafver.

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

$20-1.5411.

H.3 Method of'Pa.yment (a) PayEnt under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment sin excess of $25,000 and by. Treasury check for each indivf. dual payment of $25,000 or less.

+

(b) Within seven days a,fter 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 institution has access to the Federal Reserve Communications System, Contractor shall complete all items except t tems 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 S

-~

.rr-,e

,.e e

4-,--

ej

,m-O 4

=

r

.,--e

NRC-33-86-274 Page 15 1.

Name and address of organization 2.

Contact person and telephone number 3.

Name and address of financial institution 4.

Contractor's Financial institutionss 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 financial institution 9-digit ABA identifying number for routfiig transfer of funds 9.

Telegraphic abbreviation of correspondent financial institution

10. Signature and title of person supplying this infonnation (c) Any changes to the information furnished under paragraph (b) of this 3

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.4 Determination of Mfnfmum Wages and Fringe Benefits Each service employee employed in the performance of this contract by the contractor or any sub-contractor shall be paid the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits under Wage Determination Number 80-1294 (Rev. 20) dated September 6,1985 and attached hereto as Attachment Number 2.

H.5 Estimated Requirements The quantities Ifsted in Section 8. 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.

H.6 Government Furnished property.

The Government will furnish all replacement parts required in Section B, i

Item 4.

1

~

NRC-33-86-274 Page 16 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 l

supp1fes 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 perforinance 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 reqJfring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Governme~nt shall order from the Contractor all the supplies or services specified in the Schedule that i

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.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and l

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 completed within that period shall be completed by the Contractor within the i

time spectfied in the order.

The contract shall govern the Contractor's and i

Government's rights and obligations with respect to that order to the same l

extent as if the order were completed during the contract's effective period; l

provided, that the Contractor shall not be required to make any deliveries under this contract after.

(End of clause)

(R7-1102.2(b)1966OCT)

S2.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES.

(APR 1984)

(a) The Government may extend the term of this contract by written notice to j

the Contractor within the time specified in the Schedule; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not connit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

NRC-33-86-274 l

Page 17 (c) The total duration of this contract, includin optians under this clause, shall not exceed twenty-four (g the exercise of any

24) months.

(Endofclause)

(R 7-104.27(c))

R 1-1.1508-2(d))

52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS.

(APR1984)

The Small Business Administration (S8A) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an elfgible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event 58A does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Delegates to the U.S. Nuclear Regulatory Commission the responsibility for adninistering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the tems and conditions of the subcontract; provided, however, that the U.

S.

Nuclear Regulatory Comission shall give., advance notice to the SBA before it.f ssues a final notice teminating the right of a subcontractor to proceed with further performance, etther in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S.

Nuclear

~

Regulatory Commission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the

" Disputes" clause of said subcontract.

(End of clause).

(AYFPR1-1.713-3(d)(1))

FPR TEMP. REG 76 SERVICE CONTRACT ACT i

(a) Service Contract Act of 1965, as amended:

This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).

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

(2)(1) If there is such a wage.detennination attached to this contract, the i

contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage detennination), be classiffed by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted

=

9 NRC-33-86-274 Page 18 i

classifications and the classifications Ifsted in the wage detemination.

Such conformed class of employees shall be paid the monetary wages and furnished the fringe beneff ts as are detemined pursuant to the procedures in this section.

(The information collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under OM8 control number 1215-0150.)

(11)

Such confoming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A wrftten report of the proposed confoming action, including information regarding the agreement or disagreement of the authorized representative of the employees 4

involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work.

The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Dfvision, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of recefpt or will notify the contracting officer l

within 30 days of receipt that additional time is necessary.

(111)

The final determination of the conformance action by the Wage and Hour j

Division shall be transmitted to the contracting officer who shall promptly i

notify the contractor of the action taken.

Each affected employee shall be furnished by the contractor with a written copy of such determination or it i

shall be posted as a part of the wage det.emination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a, wage determination cannot be reduced to any single fomula.

The approach used may vary from wage detemination to wage detemination de,nending on the circumstances.

Standard wage and salary administration practices which rank various job classifications i

l by pay grade pursuant to point schemes or other job factors may, for example, be l

relied upon.

Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General

{

Schedule) or from other wage determinations issued in the same localf ty.

Basic to the estab11shment of any confomable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties perfomed.

(8) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor i

succeeds a contract under which the classification in question was previously confomed pursuant to this section, a new confomed wage rate and -fringe benefits may be assigned to such conformed classification by indexing (f.e.,

adjusting) the previous conformed rate and fringe beneff ts by an amount. equal to l

the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe beneff ts specified for all classifications to be used on the contract which are Ifsted in the current wage detemination, and those specified for the corresponding classifications in the previously applicable l

r

.s-- ----

NRC-33-86-274 Page 19 wage determination.

Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the contractor shall advise the contractin action taken but the other procedures in paragraph (b)(2)(f f)g officer of the need not be followed.

of this section (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage speciffed under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally detemined pursuant to paragraphs (b)(2)(1) and (ii) of this section shall be paid to all employees perfoming in the classification from the first day on which contract work is perfomed by them in the classification.

Failure to pay such unitsted employees the compensation agreed upon by the interested parties and/or finally detemined by the Wage and Hour Division retroactive to the date such class of employees j

commenced contract work shall be a violation of the Act and this contract.

(vi)

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

(3)

If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the tem of this contract is more than 1 year, the minimum monetary wages and fringe beneff ts required. to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less i

often than once every 2 years, pursuant to wage deteminations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act.

i i

(c)

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

l (d)(1)

In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person i

performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standard Act i

of 1938.

Nothing in this provision shall relieve the l

. contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.

i (2)

If this contract succeeds a contract, subject to the Service Contract Act i

of 1965 as amended, under which substantf ally the same services were furnished l

fn the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage i

rates and fringe benefits, neither the contractor nor any subcontractor under j

this contract shall pay' any service employee performing any of the contract work

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

-.-.,,,.mn-,_,--..a...,.

n--,---,,n-e-,e..-._,m._,.--e.-

-,,,,-,nv-+

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

NRC-33-86-274 Page 20 (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitied if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe beneff ts provided for under such agreement.

No contractor or subcontractor under this contract may be relieved of the foregoing obifgation unless the limitations of 14.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after hearing as provided in 94.10 of 29 CFR Part 4 that the wages and/or fringe beneff ts provided for in such agreement are i

substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in f4.11 of 29 CFR Part.4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations.

Where it is found in accordance with the review

^.

procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to seryice employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the appifcable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such fssuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973).

In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(e) The contractor and any ' subcontractor under 'this contract shall notify each service employee corsnencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract.

The poster provided by the Department of Labor (Pubifcation WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.

(Approved by the Office of Management and Budget under OM8 control number 1215-0150).

l (f)

The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buf1 dings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and 1

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

t I

i I

h

-c-.m-

,-.,+r.--

enw-,.----,.-w rm

- +--.- ---

a NRC-33-86-274 Page 21 1

(g)(1) The contractor and each subcontractor perfoming work subject.to the Act shall make and maintain for 3 years from the completion of the work records containing the infomation spectfied in paragraphs (g)(1)(f) through (vi) of

}

this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor.

(Sections 4.6(g)(1)(f) through (iv) approved by the Office of Management and Budget under OM8 control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under ON8 control number 1215-0159).

j (1) Name and address and social security number of each employee.

(11)

The correct work classiffcation or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe beneff t payments in lieu thereof, and total daily and weekly compensation of each employee.

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

(iv)

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

(v) A Ifst of monetary wages and fringe benefits for those classes of service 1

employees not included in the wage detennination attached to this contract but for which such wage rates or fringe beneff ts have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section.

A copy of the report required by the clause in paragraph (b)(2)(if) of this section shall be deemed to be such a list.

(vi)

Any list of the predecessor contractor's employees which have been furnished to the contractor pursuant to $4.61(1)(2).

(2)

The contractor shall also make avaf fable a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3)

Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this l

contract, and in the case of fatture to produce such records, the contracting officer, upon direction of the Department of Labor and notification of 1

the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during norma working hours.

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

Such payments shall be made no later than one pay period following any account.

. ~. - - - -.

.-..---.---. n.----n..-

NRC-33-86-274 Page 22 the end of the regular pay period in which such wages were earned or accrued.

A pay period under this Act may not be of any duration longer than semi-monthly.

(1).The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor.

In the event of failure to pay any employees subject to the Act all or part of the wages or fringe beneff ts due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased.

Additionally, any failure to comply with the requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work.

In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.

(j)

The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act.

The tenn " contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in the tenn " Government prime contractor."

(k)(1) As used in these clauses, the term " service employee" means any person engaged in the performance of this contract ot'2r than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are deffned in Part 541 of T1t1e 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations.

The tenn " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between. a contractor or subcontractor and such persons.

(2) The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for infonnational purposes only:

The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:

Employee Class Monetary Wage-Fringe Benefits r

8

,m

.m! - - -. - -

--,-.---m-, -

, - -, + -

NRC-33-86-274 Page 23 (1)(1)

If wages to be paid or fringe beneff ts to b5 furnished any serv-ice employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benetits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective 1

bargaining agreement.

Such report shall be made' upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.

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

(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the perfomance 7

of the succeeding contract and subject to a wage detemination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (4.173 of Regulations, 29 CFR Part 4),' the I

incumbent prime contractor shall furnish to the contracting officer a certified Ifst of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract performance.

l Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee.

The contracting officer shall turn over such ifst to the successor contractor at the commencement of the succeeding contract.

(Approved by the Office of Management and Budget under OM8 contro1 number 1215-0150.)

(m)

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

(n)(1)

By entering into this contract, the contractor and officials thereof) certifies that neither it (nor he or she) nor any per(son or fim who has a substantf a1 interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.

(2)

No part of this contract shall be subcontracted to any person or fim ineligible for award of a Government contract pursuant to section 5 of the Act.

s (3)

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

(o)

Notwf thstanding any of the clauses in paragraphs (b) through (m) of this

~

section relating to the Service Contract Act of 1965, the following emplo i

may be employed in accordance with the following variations, tolerances,yees and exemptions, which the Secretary of Labor, pursuant to section 4 prior to its amendment by Pubife Law 92-473, found to be necessary(b) of the Act and proper in the public interest or to avoid serious impaiment of the conduct of Government business:

1 4

e -,-,,

-,wr,.,--------_,.-,-,,-n

---_,_n

-,.,,-,,---------.m---.-,--w

,.,.,-.w

,n

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

_,,,-.--,nn..-,-...,----,.m

y 1

NRC-33-86-274 Page 24 (1)

Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be emplo i

wages lower than the minimum wages otherwise required by section 2(a)yed at(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe beneff ts or i

cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of i

-sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in i

the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).

(2)

The Administrator will issue certificates under the Service Contract Act 4

for the employment of apprentices, student-learners, handicapped persons, or 3

j handicapped clients of sheltered worksho' ps not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning frinc reneff ts or supplementary cash payments in lieu thereof), applying procedures,;.rescribed by the applicable regulations issued under the Fair Labor Standards Act of i

1938 (29 CFR Parts 520, 521, 524, and

~

525).

i (3) The Administrator wf11 also Wf thdraw, annut, or cancel such certificates in 4

i accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Reguiations.

{

(p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency l

which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of i

Apprenticeshio and Training, Employment and, Training Administration, U.S.

Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed.

The wage rates paid apprentices shall not be less than the t

wage rate for their level of progress set forth in the registered program, J

expressed as the appropriate percentage of the journeyman's rate contained in i

the applicable wage determination.

The a11cwable ratio of apprentices to j

journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work j

force under the registered program.

I (q)

An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair' Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1,1980, and $1.34 per hour after December M,1980.

To utfifze this proviso:

1 4

i i

F 4

-r e s- -wv r w-ur e---

,r-s - v e er a rw we e.<-

r-e-~.,=

e--------

.---e-.m-+e-,-------e-+---ne,.-wr

NRC-33-86-274 i

Page 25

\\

(1)

The employer must infom tipped employees about this tip credit allowance j

before the credit is utf11 zed.

(2) The employees must be allowed to retain all tips (individually or through a

~

pooling arrangement and regardless of whether the employer elects to take a credit for tips recefved):

(3) The employer must be able to show by records that the employee receives at

, least the applicable Sevice Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OM8 control number 1215-0017);

(4)

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

(r)

Disputes concerning labor standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8.

Disputes within the meaning of the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, the employeiis or their representatives.

(FPR Temporary Regulation 76) 52.233-3 PROTEST AFTER AWARD (JUN 1985)

(a) Upon recefpt of a notice of protest (as deffned 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 identiffed as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall innediately comply with its tems 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--

i (1)Cancelthestop-workorder;or (2) Teminate the work covered by the order as provided in the Default, the Termination for Convenience of the Government, clause of this or contract.

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

The Contracting Officer shall make an equitable adjustment in the delfvery schedule or contract price, or both, and the contract shall be modiffed, 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 perfomance 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 3

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.

j NRC-33-86-274 Page 26 (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 Officer 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 avaf f able.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR. (APR1984)

A1 ternate II.

(APR 1984)

Section F 52.212-13 STOP-WORK ORDER.

(APR1984)

Section I 52.202-1 DEFINITIONS.

(APR1984) 52.203-1 0FFICIALS NOT TO BENEFIT.

(APR 1984) 52.203-3 GRATUITIES.

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

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

(JUN 1985) 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) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTIME COMPENSATION--GENERAL.

(APR 1984) 52.222-26 EQUAL OPPORTUNITY.

(APR 1984) 52.222-35 AFFIRNATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.227-1 AUTH0&IZATION AND CONSENT.

(APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.

(APR 1984) 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS.

(APR 1984) 52.232-11 EXTRAS.

(APR 1984) 52.232-17 INTEREST.

(APR 1984)

NRC-33-86-274 Page 27 52.232-23 ASSIGNMENT OF CLAIMS.

(APR1984) 52.233-1 DISPUTES.

(APR 1984) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) 52.243-3 CHANGES--TIME-AfiD-MATERIALS OR LABOR-HOURS.

(APR 1984) 52.244-3 SU8 CONTRACTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (APR 1985) 52.249-6 TERMINATION (C0ST REIMBURSEMENT) (APR 1984) ALTERNATE IV 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) (APR 1984) 52.249-14 EXCUSABLE DELAYS.

(APR 1984) e 9

b 9

t NRC-33-86-274 Page 28 PART III - LIST OF DOC!MENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Tftie I

NRC Contractor Organizational Confifets of Interest (4I CFR Part20) 2 Wage Detemination d

e S

e e

W s

4 e

l PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of Interest Sec.

20-1.5401 Scope and policy.

20-1.5402 Definitions.

20-1.5403 Criteria for recognizing contractor organizational

~

sonflicts of interest.

20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

~

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.

l 20-1.5411 Waiver.

20-1.5412 Remedies.

1.

AUTHORITY:

Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14)

I20-1.5401 Scope and Policy v

(NRC)(a) It is the policy of the U.S. Nuclear Regulatory Commissionto av i

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 t

give rise to actual or potential conflicts of interest in the event of contract award.

1 f

(b) Contractor conflict of interest determinations cannot be made i

automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.

It is not possible to prescribe in advance a specific method or set of criteria which would seive to 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 contract, be placed in a position where its judgment may be biased,,

or where it may have an unfair competitive advantage?

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

Individuals or firms who have other g l l

relat'ionships with NRC (elg., parties to a licensing proceeding) are not -

1' l

covered by this regulation.

This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC

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.

520-1.5402 Definitions

-(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 perfonned under an NRC contract which:

(1)Maydiminishitscapacitytogiveimpartial, technically sound, objective assistance and advice or may otherwise result in a 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 assistance to a component of the NRC in the formulation or administration of. its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.

Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or 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, corpor.ation, affiliates thereof, or their successors in interest, including their chief exececives, 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 aff!11ates 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 $1-1.606-1(e)).

.(h)' "Subeontractor" 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.

(1)

" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including.its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

7590-01 (j)

" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.

The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.

Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist:

(1)Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?

The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be per, formed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships 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 activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and resdarch programs.

-(b)

Situations or relationships which may give rise to organizational conflicts of interest.

(1) The offeror or contracter shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:

(i) 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 aren 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 any organization regulated by the NRC.

1 (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 marketing.

(iv) Where the award of a contract wo6 d 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.

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:

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

(ii) Where 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 informa. tion 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.

0 0

7590-01 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 which could create a conflict.

For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3)

Example. As a result of operating problems in a certain type of comercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.

Only one manufacturer has extensive experience with that type of plant.

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

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 terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.

Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

(4)

Example.

The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of 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 its practicability has been demonstrated.

Other companies in this business are using older systems for evaluation of the specific reactor component.

Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC.by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.

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

O 7590-01 (5)

Example.

The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.

In accordance with the representation in the RFP and 520-1.5403(b)(1)(1), ABC Corp. infoms the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.

Guidance.

The contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.

The work for others clause of 5 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.

(d) Other considerations.

(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.

i (2)

It is not relevant that the contractor has the professional I

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

(b)

Representation procedure.

The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:

(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in too resulting contract.

This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.

Where, however, a statement of the type' required by the organizational conflicts of interest representation provision has prevdously been submitted with regard to the contract being modified, only an updating of such statement shall be required.

_,__ - - - --~~ - -- *

-.% -n

n 7590-01 e

ORGANIZATIONAL CCNFLICTS OF INTEREST REPRESENTATION I represent to the bed 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 of the type set forth in 41 CFR I20-1.5403(b)(1).

(c)

Instructions to offerors.

The following shall be included in all NRC solicitations:

(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1)areinvolved,orthecontractingofficerotherwise determines 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 exisc, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts. (ii) disqualify the offeror, or (iii) determine 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 520-by 's20-1.5404(pon request of the contracting officer the facts required 1.5404(b)oruc), 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 e

prohibits such exclusion.

Any such proposed exclusion by an offeror l

will be considered by the NRC in the evaluation of proposals.

If'the i

NRC considers the proposed excluded work to be an essential or integral j

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 i

j 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.

5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause i

=,#*,-w

-=~w---,.v%

.--,._ew~c-my_,....,-.,,,_.mny,-w..w.m.r.,

_%-e,,-,y-,m-,,r-w-w

-we+-eme.w+.+.rww-+i-wm-mm<e.-

e= w e

• --m*-i-e--'

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 because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over.other parties by virtue of its performance of this contract.

(b)

Scope.

The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 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 any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfomed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.

If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor ~

shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement, (d)

Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief and except' as otherwise set forth in this contract, it does not have any or anizational conflicts of interest, as defined in 41 CFR 520-1.5402 a).

(2)

The contractor agrees that if aftei. award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate 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 i

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

(e)

Access to and use of information.

(1)Ifthecontractorin 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 i

not been released to the public, the contractor agrees not to: (1)Use such information for any(private purpose until the information has been released to the public; ii) compete for work for the Comission based i

E.-

7590-01 on such information for a per'od 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 l

such information to the public, or (iv) release the information without i

prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.

l l

(2)

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

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 l

contractor shall treat such information in accordance with restrictions l

placed on use of the information.

(3)

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

(f)

Subcontracts.

Except as provided in 41 CFR $20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms " contract," " contractor," and

" contracting officer," shall be appropriately modified to preserve the government's rights.

(g)

Remedies.

For breach of any of the above proscriptions 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 l

subsequent contractual efforts, and pursue other remedies as may be i

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 in 520-1.5411.

I20-1.5405-2 Special contract provisions.

(a)

If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 120-1.5411, neutralized through the use of an appropriate special contract provision.

If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:

9 i

l

7590'-01 (1)

Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)

Software exclusion clauses; (3)

Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)

Clauses which provide for protection of confidential data and guard against it,s unauthorized use.

(b)

The following additional contract clause may be inclu'ded as section (i) in the clause set forth in5 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational

~

conflict of interest.

(1)

Follow-on effort.

(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of 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 under this contract on any of its products or services or the products or services of another firm if the contractor-has been substantially involved in the development or marketing of such products or services.

(2)

If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual 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) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.

5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information.

After evaluating this information against the criteria of 120-1.5403, a finding will be made by the contracting officer whether organizaticnal conflicts of interest exist with respect to a particular offeror.

If it has been determined that conflicts of interest exist, then tne conteracting officer shall eitner:

(a)

Disqualify the offeror from award, 7590-01 (b)

Avoid or eliminate such conflicts by appropriate measures; or (c)

Award the contract under the waiver provision of-520-1.5411.

520-1.5407 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 4

The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.

The contracting officer shall require the contractor to include contract clauses in accordance with 5 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.

~

520-1.5411 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 ED0 may waive the policy in specific cases if he determines that it is in the best interest of the United States.to do so.

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 documents shall be placed in the Public Document Room.

11-

~c

---n----r-. + -

---,--------,-mwv----

0~-

7590-01 620-1. 5412 Remedies In addition to such other 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 required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

Dated at Washinaton. 0.C thi s 27th day of March 1979.

For the Nuclear Regulatory Commission O

_5%

Samuel 0. Chilk e

Secretary oflthe Commission e

0 '.3%

mm

Ti u

80786 1.

utesPAmiassaros emana OFOOO 84WLevtstse? $TAsseamos acaseset1TRAfleet wast Asso seoue neweseems wASMeseSTO88.DK. Male REGISTER OF WAGE DETERMINAT80M k UfGER Page 1 of 5 THESERvICECONTRACT ACT S'* _ Dietrict of Columbia-Maryland-virginia if seusserv at Laser 4 e to-M>V, Area:

e8 LOCALITY i

mt Calvert (009), Charles (017),

tr b e r t 'J Cohen Deputy {

Montgomery (o31), Prinan ceorges (033),

and St. Mary's -(037) Counties a

y

%t U T

• • • **'*""8**#*a m"6*'s 80 1294 (Rev.

20) om.,

~

9/6/85 Class et service employ r%

rw heaent was_

S-g gg way wese V*est8ea tiender Gener p.

o 1

Secretary V-2 Secretary IV

$12.46 3

Secretary III 10.21 4

Secretary II 9.86 5

Secretary I 8.95 6

S w ugragfute II 8.15 7

S 6 w p d e_r I 10.41 8

TranscribiWne typist j

9.05 9.29 9

Typist II-m 10 Typist I 7.23 11 File clerk III 6.54 12 File clerk II 7.69 13

• ille clerk I 5.79

14. Messenger 5.51

15. Switdboard operator 6.45 6.30 d

16. Swim.bcerd operator-receptionist 17 Order clerk II

_..G. 6 6 g

18. Order clerk I 7*93 g

6.82

19. Accounting clerk IV 5

9*49

20. Accounting clerk III m

i 0.

21. mmttrug clerk II 22 Account 1rvj,q1ert f 1

g*00

< i.

f S

't i

k i #1WN tesetevusser evamoamos"aoWWMTaADd as N

waast Asso MOUR otWWoes waseessoress.oz. seatel

'?

~

Pacp 2 of 5 1

RE21 STER OF WAGE DETERMlNATONS (INDER sig,,

SEWE @ TRACT ACT District of 0)1tehi: P.arylw.a-virgirda

[

f DC-VA-le I

,,,c, L,,,

mi calvert (009), Osarles (017),

~

Montganuary -(031), Prince c bert J". i Cohen and St.' Mary's (031) opuntiesap (033),

Deputy ^ h n

n w., an.,minaisen amneer 801294 (Mev. 20t ces et service anoseves j one:

9/6/05 e n,,se m.

} mesh a eragt weifees y,,,,,,

i.

g, ein.,

23 Fayroll c h ".

2"2. Tay entry operatcr: II 8 7*38 25 Rey entty operator I 7*46

26. Oapputer progranner III 1/

,35 27 canputer prograer II T/

14,79 28 Canputer progmm' I g

29 Oziputer operantor III jT 12.26

30. Oziputer operator II 11.05

31. Canputer operator I 9.27 32 Peripheral equipment operator 8*59 33 Canputer data librarian g 34 8'47 34 Drafter V i

35 Drafter IV

36. Drafter III 12.92' 10.46 37 Drafter II I

9.12 38 Drafter I 7,14 39 7tidinician III j

6.01 40 Technician II

[3,g 4

41. W eian I

'10.69 42 Oziputer systene analyst III 3.00 17.49 43 Canputerhetene galyst 11 44, 02rputer systene analyst I 14.90 tahrarian gi,97 45 46,. Library tdotker 10.14 8.21 s

g-3 w

• I o.8,

.v

..._ t-

~

Eassuryssant siamoneos acessantaaveens waast assopeous oeweseces wasuusofon.oc sense

}

7 Ps,. 3 of S.

REGISTER OF WAGE DETERMINATIONS UNDER

_ District of (bitmhis ".arylsM-virginia se.e.,

THE $ERVICE CONTRACT ACT:

ncptn A'"'

m Calv

~ ~~', w t.ocAtivv l('

ert (009), Charles (107),

mntgonety (031), Prince Georges (033),

and St. Mary's (037) Counties crbert J Cohen Deputy Adohisseene

, -m

\\

wow determeasesea numbers gg.13,4 (ney,.,. 2,0_)

lm - 9/6/85 osse e eer*a amoneyes, 3}

reia,tenentpay= nas s

hevdy n,m,,n a Vacanaa Headsy Osher 47.' Proot readsr 48

'hxtnical illustrator s 7,o3 i

49 Typist-ille clerk 10.59 50 Photocopy machine operator 6.88 51 Cartograpsic technician 6.61 52 Wrd processor II 9.12 i

53 W rd processor I 0.76 54 Receptionist 7.38 55 meilbits Specialist III 6.41 56 Emhlbits specialist II 12.92 10.46 57 Exhibits Specialist I j'

58 Illustrator III 9.12 59.', Illustrator II 12.92

)

10.46 60.,', Illustrator I Este..p.er III 9.12 61 s

62 Photsysop.er II 12.92'

. Photo i S ier I

.10.46 63 v

9.12 64.'s Technical Information Specialist III 12.92 65

'hchni, cal..Information Specialist II 10.46

66. Technical Information Specialist I 9.12

67. Begistered Industrial Nurse 10.41 68 Meteorological Technician / Weather Observer R.00 i

~

j

%,u

,=,,,, m waeaaanmoveoevr.ra a.

,,E,

""I ""'

- e

...,.,,e

~

Page 4 of 5

" " " %

• L *, a ? g ; g y b w __.

~ ' L'**

Areer e

t.ocaury m

y Calvert (009), Charles (017),

rhert J. Cohen Montxpomery (031), Prince Georges (033),

and St. Mary's (037) counties D*Puty{J

'if.

L i

,m we,e determinatten :=r S; 90-1294 (pey. 20),

loete: 9/6/85 C1ans of sm6ce employee uini,m,.

resage benent paymenes

~

noo,iy y

,g,,,,,

we,e Pringe benefits applicable to e

.. w,i.,.

Vacation HsNder Other enployees ar,--W in contract of service o

formance:

2f 3f y

V j)/

defined and delineated in 29 G3 541. (See 29 CF1t 4.156).Does not agply t

, administrative or professional capacity as

'ty

$.32 an hour or $12.80 a week d

$55.46 a nonth.

i

,V 2 wamka paid vacation after 1 sf service includes the whole span of contina' r of service with

~

3 4 weeks after 15 years. tength I

(sierreasor) contractor, sAverevee employed, and with predecessor cont

^

ruxms service with the present work at the same Federal facillty. (See 29 CF1t 4.173).

ractors in the performance of similar 4f 9 paid holidays per year New 1 ear's Day, Washingtm's Birthday, Memorial Day, Independence Day coltabus Day, veterans' Day, it

>ff with pay in accordance with a plan aanitia ierkagiving osy and O

, tabor Day, l

the named holidays another day n cated to the employees involved).

1 5f Arlington (013), Fairfax (059) s hauquier (061), King George (099), taudoun (107)

Stafford (179) Oxanties 'and th t) Independent Cities of Alexandria (201), Fairfax (267) and P llPrince Williarn (153) and y

a s Churt:h (217).

a f.

I

nC '

["

~,

~ '

e i

,J 4

t

• UD 80-1294 4

(Rev. 20) -

i i

z..

i

)

9/6/85 1

4 2

Page 5 of 5 pages i

\\

3023:

The contracting officer shall employe's which is not listed h

. ~.

require that any class of servic under the contract formed by any classification liclassifled by the c (i.e., the work to be pe ferein and which la to be emplo\\

he e

sted in the wage determination)r ormed is relationship betwee i such u(nlisted classifii.e., appropriate level of skill I

s to provide a reasonable,

^

listed i

in the wage determinati g

cations and the classifications comparison) empl oy.

es shall be paid the mo f ringe on.

Such conformed class of initiated by the contrefits as are determined. y wages and 1

shall 1 netar

)

of cent i

actor prior to the performanceSuch co r ct work by such an11st d report!

>f the propos'ed conformine class o regardi 4 g action, f employee.

the'agreasent or disag

}

repressi i reement of the authorisedincluding inform native of the esployees i 1

i no auth ined representative i

}

be suhe. m nvolved or L

I 1ater ti ted by the contracto where the

, the enployees,thannelves,re isr to t l

an 30 days a,fter auch perforat shall pny contract wor.

unlisted class of -amployees i

review t k

the acti he proposed hetion.and promptly submit a report ofThe co n

l ee,nt information includitogether with the agency's r all pert i

tractor ecommendation and me the amployees, to the wage and tau e

i Onpi oyne

. Standards Aeninist ng the position of the con-W Labor, f w

(see section 4.6(b)(2) of Reration. U.S. Department of review.

r Division 29 CFR 4; 8

gulations 1

\\

9 i

s o

l

.