ML20205M877

Informs That NRC Soliciting Proposals for Project Entitled, Simulator Hardware Maintenance Support. Full Scope of Work Anticipated as Set Forth in Part I,Schedule.Soliciation Package Encl

ML20205M877
Person / Time
Issue date:	04/12/1999
From:	Webber R NRC OFFICE OF ADMINISTRATION (ADM)
To:	External (Affiliation Not Assigned)
References
CON-RS-38-99-283 NUDOCS 9904160080
Download: ML20205M877 (70)

Text

p UNITED STATES d

j, 1 j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20E4001

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,,,,,* APR 121995

SUBJECT:

REQUEST FOR PROPOSAL NO. RS-38-99-283 ENTITLED, " SIMULATOR HARDWARE MAINTENANCE SUPPORT" OFFERORS:

The U.S. Nuclear Regulatory Commission is soliciting proposals for the project entitled above.

The full scope of work anticipated is as set forth in Part I, Schedule.

It is our intention by this solicitation to secure the best qualified organization available to perform this project, cost and other factors considered.

Proposals for this requirement may be submitted by all concerns, i.e., large businesses, small businesses, and small businesses owned and controlled by 5,ocially and economically disadvantaged individuals. Notice to large businesses: The subcontracting plan requirements of P.L.95-507 are applicable to this contract; thes, those offerors determined to be in the competitive range must be prepared to submit a detailed subcontracting plan. A source list comprising the names, addresses, and telephone numt ers of all concerns requesting a copy of this solicitation, with large businesses identified by an asterisk, is enclosed. The presence of a firm's name on the list in no way constitutes NRC's acceptance of the firm for award under this solicitation. A copy of this solicitation and all subsequent amendments have been provided to firms on this list.

The solicitation package is enclosed. If you desire in respond, your proposal should address the proposal requirements set forth in Section L of the solicitation. All proposals will be evaluated against the evaluation criteria shown in Part IV, Section M.

If you have any questions concerning the requirements of this solicitation, please contact the undersigned at (301) 415-6736 (collect calls will not be accepted).

Si erely,

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Robert B. Webbe , Contracting Officer Division of Contracts and Property Management

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4 c ^#f '6 4 1 d Office of Administration

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Enclosures:

'O As stated c[y 9904160000 990412 PDR CONTR RS-38-99-283 PDR

e 1 THIS LuNTRACT IS A RAT ED ORDER  : RATING  : FAGE OF PAGES SOLICITATION, OFFER AND AWARD VEER DPAS os CFR 70m y, j3

'2 CONTRACT NUMBER  : 3 SOLICIT ATION NUMBER j 4 TYPE OF SOLaCIT ATION *5 DATEISSUED ,6 REQUISITION PURCHASE NUMBER f . ,

i L_ SEALED BlD (trBe i RS-38-99-283 -

4/12/1999 1 NEGOTIATED 1RFPi 7 ISSUED BY CODE I ' 8 ADDRESS OFFER TO (l' other then item 7F U S. Nuclear Regulatory Commission Division of Contracts and Property Mgt. '

Attn: T 7 r2 SVE AS TUN 7 COntrBCt Management Branch NO.1 WcShington DC 20555 NOTE lo seaied bid solecitat ons *off er* end "of teror* mean *b d* and *bec ser*

SOLICITATION 9 Seeiro ot+ers m ongmal and 2 cop.es for furrushmg the accolies on services m the Scheduie w+tf tLe received at the place spec.t ed m stem 8. or et handcarned, m the cepository socated m

im 7 onui 33Qp_m. iocai tme 5/11/99 (Hour) (Date)

CAUTION - LATE Submissions. Modilirations and W.thdrawais See Secteon L P ovision No 52 214.7 or 52 2151 All OHers are sutnect to an terms and conditrons contamed en ttus solicalatron 10 FOR INFORMATION CALL- B TELEPHONE (NO COLLECT CALLSl

{A.NAME j l C E MAIL ADDRESS i AREA CODE l NUMBER EXT l l ROBERT WEBBER I 301 415-6736 i 11 TABLE OF CONTENTS See Attached Table Of Contents ex SEC I DESCRIPTION i PAGE tSi IX) l SEC DESCRIPTION PAGE tSi PART I THE SCHEDULE PART ll CONTRACT CLAUSES i A ! SOLICIT ATIONrCONTRACT FORM l 1 CONTRACT CLAUSES i 8 l SUPPUES OR SERVICES AND PRICES' COSTS PART lil - UST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH

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C ' DESCRIPTION SPECS 'WORit ST ATEMENT J UST OF ATTACHMENTS

! D i PACKAGING AND MARKING PAPT IV - REPRESENT ATIONS AND INSTRUCTIONS E 6 INSPt? TION AND ACCEPTANCE  !

l' [ RFPRESENT ATIONS. CE RTIFICATIONS AND OTHER F l DELIVERIES OR PERFORMANCE i G l CONTRACT ADMINISTRATION DATA  ?

L INSTR . CONDS . ANO NOTICF' .O OFFERORS H  ; SPECIAL CONTRACT REQUIREMENTS  ! M EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offero,r)

NOTE trem 12 ones not apply of the soucitation mciuoes the provesons at52 214 16.Mmimum B:0 Acceptance Penod 12 in compliance with the above, the undersigned agrees, at this oHer is accepted witum calendar days (60 CWendar oays unless a ditterent period is mnerted by the oHerori from ti e date for receipt of oHers specrfied above. to farmse any or all rtems upon whict prices are ottered at the pace set opposite each item. delivered at the designated pomttsh wrthm the time specified so the at heduie D:SCOUNT FOR PROMPT PAYMENT 1C CALENDAR DAYS f%)  !

30 CALENDAR DAYS i%)  ! CALENDAR DAYS 1%)

' 20 CALENDAR DAYS (%l (See Section 1. Ciause No '2 232 8e l 14 ACitNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO i DATE I AMENDMENT NO DATE iThe D'teror acknowledges recemt of amentiments to the j SQL. CITATION for ofierors and related documents numt.ored and cated thA NAME AND l ' " ^ "

CODE FAC UTV L_._

ADDRE SS I iType or prmt)

OF OFFEROR I l l .

i 158 TELEPHONE NUMBER i 17 SIGNATURE l 18 OFFER DATE AREA CODI ' NUMBER lEXT p H A A DRESS IS DHERENT W

- ABOVE ENTER AUCH ADDRESS IN SCHEDULE i AWARD (To be completed by Government) 19 ACCEPTED AS 70 (TEMS NUMBERED ' 20 AMOUNT I21 ACCOUNTING AND APPROPRIATION I.

22 AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPE'TITION t 23 SUBM!T INVOICES TO ADDRESS SHOWN IN ' ITE M

,  ; , iA copies untess otherwese spec fied)

L 10 U S C 2304tal i I m At U S C 2S2tc)( i 24 ADMINISTERED BY tif other than item 76 CODE  ! 2S PAYMENT WILL BE MADE BY CODE ;

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26 NAME OF CONTRACTING OFFICER IType or pnrit! j 27 UNITED ST ATES OF AMERICA 28 AWARD DATE (Signature of Contractmg Omre" IMPORT ANT Award will be made on tips Form, or on Standard Form 26. or by other authonrad cHecial we.rten notice STANDARD FORM 33 IREV 9 97i

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, Page 1 04/06/99 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: PS-HR 283 COMPANY PHONE / FAX l (Large Busineses are Identified with an Asterisk)

AIS GOVERNMENT SYSTEMS 407-673-1251 CLIFFORD JACKSON 407-673-7705 1035 S. SEMORAN BLVD l

SUITE 1007 WINTER PARK, FL 32792 CAD SERVICES 713-680-2255 GAHLEN CARPENTER 713-680-0605 4801 MILWEE HOUSTON, TX 77092 l

ESP INC 425-743-7336 JOHN RUSSELL 425-745-1074 12423 RESEARCH PARKWAY ORLANDO, FL 32826 i

FIDELITY TECH CORP. 610-929-3330 TINA SHANER 610-929-6860 2501 KUTZTOWN ROAD READING, PA 19605 KMI INC 405-670-4700 RANDALL LEFORT 405-677-4703 6205 S. SOONER ROAD SUITE 2.,0 OKLAHOMA C.3TY, OK 73135 PULAU ELECTRONICS CORPORATION 407-380-9191 NICK LAMONTE 407-380-9786 12423 RESEARCH PARKWAY ORLANDO, FL 32826 l

l SYSTEM RESOURCES INC 301-654-7025 KENLY BELT 301-654-1404 4424 MONTGOMERY AVE SUITE 300 BETHESDA, MD 20814 A

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I' Page 2 04/06/99 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-HR 283 COMPANY PHONE / FAX-(Large Busineses are Identified with an Asterisk) i TELOS FIELD ENGINEERING 801-298-8000 MARK HESTER 8001-292-1851 P.O. BOX 247 '

BOUNTIFUL, UT 84011 Y-F-P INDUSTRIES INC 717-764-9864 P.O.00X 1702 717-764-6016 EMIG ROAD YORK, PA 17405-1702-CNR0 CDPUTER SERVICE INC 407-727-2211 DICK ELKER 407-727-7009 105 EAST DRIVE E LBOURNE, FL 32904 l

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TABLE OF CONTENTS PAGE PART I - THE SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . A-1 SECTION A - SOLICITATION / CONTRACT FORM . . . . . . . . . . . . . . . . . A-1 SF 33 SOLICITATION, OFFER AND AWARD. . . . . . . . . . . . . . . . A-1 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . . . B-1 B.1 PROJECT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . B-1 B.2 BRIEF DESCRIPTION OF WORK (WU1 1987). . . . . . . . . . . . . . B-2 ALTERNATE 1 (JUN 1988)

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK . . . . . . . . C-1 SECTION D - PACKAGING AND MARKING. . . .. . . . . . . . . . . . . . . . . D-1 D.1 PACKAGING AND MARKING (WUt 1987). . . . . . . . . . . . . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 E.2 PJ'CE OF INSPECTION AND ACCEPTANCE (WU1 1987) . . . . . . . . . E-1 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 F.2 DURATION OF CONTRACT PERIOD (WU1 1987). . . . . . . . . . . . . F-1 ALTERNATE 4 (JUN 1988)

SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1 G.1 2052.215-73 PROJECT OFFICER AUTHORITY-ALTERNATE 2. . . . . . . G-1 G.2 2052.216-74 TASK ORDER PROCEDURES. . . . . . . . . . . . . . . G-1 G.3 2052.216-75 ACCELERATED TASK ORDER PROCEDURES. . . . . . . . . G-3 G.4 ORDERING PROCEDURES (MAY 1991). . . . . . . . . . . . . . . . . G-3 G.5 ELECTRONIC PAYMENT. . . . . . . . . . . . . . . . . . . . . . . G-3 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1 H.1 2052.204-70 SECURITY . . . . . . . . . . . . . . . . . . . . . H-1 H.2 2052.204-71 SITE ACCESS BADGE REQUIREMENT. . . . . . . . . . . H-3 H.3 2052.215-70 KEY PERSONNEL. . . . . . . . . . . . . . . . . . . H-3 H.4 SITE ACCESS BADGE PROCEDURES (FEB 1995) . . . . . . . . . . . . H-4 H.5 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY. . . . . . . . H-5 SERVICES (FEB 1995)

H.6 GLOSSARY OF ADP TERMS (MR7 1988 ) . . . . . . . . . . . . . . . . H-8 H.7 CREDITS, MACHINE REPLACEMENT, TECHNICAL ASSISTANCE AND. . . . . H-9 ADDITIONAL HARDWARE AND SOFTWARE (JUN 1988)

H.8 FIPS PUBS AND STANDARDS COMPLIANCE (MAR 1987) . . . . . . . . . H-11 H.9 SEAT BELTS. . . . . . . . . . . . . . . . . . . . . . . . . . H-11 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I -

CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 I.2 52.216-18 ORDERING (OCT 1995) . . . . . . . . . . . . . . . . I-3 I.3 52.216-19 ORDER LIMITATIONS (OCT 1995). . . . . . . . . . . I-3 I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995). . . . . . . . . . . I-4 I.5 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY . . . . . . I-4 PRICED LINE ITEM (MAR 1989)

I.6 52.2I7-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-4

F TABLE OF CONTENTS PAGE

(!WUI 1989)

I.7 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-5 I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-11 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS - . . . . . J-1 l J

SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1 PART IV -

REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-]

1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1 OTHER STATEMENTS OF OFFERORS l K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1 BY REFERENCE K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE. . . . . . . . . . . K-1 DETERMINATION (APR 1985)

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . . . . . K-2 K.4 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995) . . . . . . . . . . . K-4 K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-4 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (WU1 1996)

K.6 52.215-4 TYPE OF BUSINESS ORGANIZATION (OCT 1997). . . . . . . K-5 K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-6 (OCT 1998)

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-7 (FEB 1999)

K.9 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-7 K.10 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) . . . . K-8 K.11 52.225-8 BUY AMERICAN ACT--TRADE AGREEMENTS- . . . . . . . . . K-8 BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 1994)

K.12 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES . . . . . . . K-9 K.13 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT . . . . K-9 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1 ]

BY REFERENCE L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER . . . L-1 (APR 1998) '

L.3 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR . . . . . . L-2 INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)

L.4 52.216-1 TYPE OF CONTRACT (APR 1984 ) . . . . . . . . . . . L-3 L.5 52.219-22 SMALL DISADVANTAGED BUSINESS STA1.. (OCT 1998) . . . L-3 L.6 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-4 L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-5 REFERENCE (FEB 1998)

L.8 2052.215-76 DISPOSITION OF PROPOSALS . . . . . . . . . . . . . L-5 L.9 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE . . . . . . . . L-6 L.10 ESTIMATED DURATION (MRJ 1988) . . . . . . . . . . . . . . . . L-6 L.11 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC. . . . . . . . L-6 PAYMENT / REMITTANCE ADDRESS L.12 TIMELY RECEIPT OF PROPOSALS . . . . . . . . . . . . . . . L-6 L.13 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS . . . . . . L-7 L,14 PROPOSAL PRESENTATION AND FORMAT-ALTERNATE 2. . . . . . . . . . L-7 (Language for Negotiated Fixed Prices, Labor Hour, or Time l

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and Materials Contracts).

SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . M-1 M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . M-1 BY REFERENCE M.2 2052.215.84 CONTRACT AWARD AND EVALUATION OF . . . . . . . . . M-1 PROPOSALS--TECHNICAL MORE IMPORTANT THAN COST 1

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E RS-38-99-283 Section B o

PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS BASE PERIOD 001 Maintenance within the Principal Period of Maintenance (PPM) 12 MOS $ $

001a Maintenance outside the PPM 45 HRS $ $

002 Option for one additional technician 12 MOS $ $

003 Spare Parts $150,000

a. (handling fee  %) $

TOTAL PRICE /EST. COST FOR CLINS 001,002 and 003 $

OPTION YEAR 1 001 Maintenance within the PPM 12 MOS $ $

001& Maintenance outside the PPM 45 HRS $ $

002 Option for one additional technician 12 MOS $ $

003 Spare Parts $150,000

a. (handling fee  %) $

TOTAL PRICE /EST. COST FOR CLINS 001,002 and 003 $

OPTION YEAR 2 001 Maintenance within the PPM 12 MOS $ $

001a Maintenance outside the PPM 45 HRS $ $

002 Cption for one additional technician 12 MOS $ $

003 Spare Parts $150,000

a. (handling fee  %) $

TOTAL PRICE /EST. COST FOR CLINS 001,002 and 003 $

OPTION YEAR 3 001 Maintenance wi'hin the PPM 12 MOS $ $

001a Maintenance outside the PPM 45 HRS $ $

002 Option for one additional technician 12 MOS $ $

003 Spare Parts $150,000

a. (handling fee  %) $

TOTAL PRICE /EST. COST FOR CLINS 001,002 and 003 $

OPTION YEAR 4 001 Maintenance within the PPM 12 MOS $ $

001a Maintenance outside the PPM 45 HRS $ $

002 Option for one additional technician 12 MOS $ $

003 Spare Parts $150,000

a. (handling fee  %) $

TOTAL PRICE /EST. COST FOR CLINS 001,002 and 003 $

TOTAL CONTRACT PRICE /EST. COST W/ OPTIONS $

B.1 PROJECT TITLE The title of this project is as follows:

Simulator Hardware Maintenance Support B-1 1

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l RS-38-99-283 Section B B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) l ALTERNATE 1 (JUN 1988)

(a) Brief description of work:

The contractor shall provide technician level naintenance

support for the four full scope, nuclear power plant simulators presently located at the Technical Training Center in Chattanooga, Tennessee. .

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(b) Orders will be issued for work required by the NRC in accordance with 52.216 Ordering. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract.

The provisions of this contract shall govern all orders issued hereunder.

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RS-38-99-283 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK C.1 BACKGROUND The NRC Technical Training Center (TTC), located in Chattanooga, Tennessee, l provides technical training to NRC personnel. Reactor training programs have involved l full-scope reactor simulator training from their inception. Four full-scope control room simulators replicating the Babcock & Wilcox (B&W), General Electric (GE), Combustion l Engineering (CE) and Westinghouse reactor designs have been installed at TTC. The l vendors and approximate original delivery dates for the simulators are as follows: B&W-Singer,1980; Westinghouse - Westinghouse,1985; CE - Upgraded by ABB Combustion Engineering,1992; GE Shoreham, BWR/4 - Singer,1983. Simulator training is scheduled for most dry shifts (8:00 am - 4:00 pm), approximately 30% of evening shifts (4:00 pm -

midnight) and occasionally on night shift (midnight - 8:00 am).

Presently, all hardware maintenance and spare and replacement parts procurement for these simulators is accomplished utilizing Contractor maintenance personnel.

C.2 OBJECTIVE The contractor shall provide technician-level maintenance support for the four full-scope, nuclear power plant simulators presently located at the TTC in Chattanooga, Tennessee, and any additional simulators which may be installed. Support will be required in the areas of preventive and corrective maintenance, spare parts purchase and accountability, l vendor support, hardware modifications, and hardware configuration management control. Equipment maintained will include control panel hardware, video displays, input / output (I/0), and computer systems and their peripherals. l l

C.3 SCOPE OF WORK The Contractor shall provide technician level hardware maintenance and support services, as specified below, for the four full-scope control room simulators presently located at the NRC Technical Training Center in Chattanooga, Tennessee, and any additional J

simulators which may be installed. The Contractor shall provide spare parts, tools, test g equipment, and consumables at cost plus a reasonable handling fee. All required tools and j test equipment will be provided by the NRC or obtained through this contract or separate procurement. The services of three full-time technicians will be required in each

year of the contract.  ;

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RS-38-99-283 Section C C.3.1. The Contractor shall perform the routine hardware preventive maintenance for the TTC l

simulators during the principal period of maintenance. Preventive maintenance which impacts simulator availability for training shall be performed during periods when the simulators are not scheduled for training. Examples of preventive maintenance tasks include, but are not limited to:

a. On at least a weekly basis, run simulator uenchboard diagnostic tests and l

take any resultant required actions such as:  ;

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1) Change lamps -

2) Install recorder paper, pens and ink cartridges  ;

3) Correct stuck rc order pens and meter needles  !

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4) Replace benchboard input / output (I/0) chips

b. On a monthly basis, check voltages and adjust, repair or replace simulator benchboard power supplies

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c. On a monthly basis, clean the benchboard external surfaces and internal  ;

components

d. Additional preventive maintenance identified by the simulator or hardware vendor or through operating experience with the simulators.

C.3.2. The Contractor shall perform required hardware corrective maintenance for the TTC simulators. Corrective maintenance will normally be performed during the principal period of maintenance except for failures affecting simulator availability for training.

Examples of corrective maintenance tasks include, but are not limited to:

a. Simulator benchboard hardware problem analysis and repair. Benchboard problems typically include the following types of faults:

1) Power supply failure - repairs may include replacement of the component from spares or repair of the power supply

2) Chip or module failure in the benchboard 1/0 equipment

3) Annunciator system failures

4) Broken wires

5) Failed hand switches l

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RS-38-99-283 Section C

6) Failed recorder internal components, particularly servo motors

7) Broken pins within connectors

8) Failed video display terminals and monitors

9) Additional hardware related problems identified by the simulator j users and documented through the existing Simulator Action Request (SAR) procedure.

C.3.3. Simulator computer systems presently installed in TTC simulators include equipment from the following vendors:

a. Encore Computer Corporation (RSX,32/67, DEC Alpha AXP)

b. Silicon Graphics (4D/420, Challenge L )

c. Sun Microsystems (SPARCstation 20)

d. Digital Equipment (MicroVAX)

e. Hewlett Packard (HP 740 rack-mount workstations)

f. Various PC-compatible systems.

The Contractor shall provide routine preventive and corrective maintenance for the computer systems and their peripherals provided by Encore Computer Corporation. The maintenance shall include diagnostic analysis, troubleshooting, and repair.

The Contractor shall provide spare and replacement parts and vendor support as required l for computer systems manufactured by vendors other than Encore Computer l Corporation. NRC may elect to separately contract for computer system support, as has  !

been done with computers manufactured by Silicon Graphics.

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l C.3.4. The Contractor shall provide additional services related to the maintenance and support of the TTC simulators during the principal period of maintenance. Examples of additional services include, but are not limited to:

a. Perform monthly / quarterly consumable inventories and ensure that sufficient supplies are available. Typical items to be tracked include:

1) Lamps

2) Recorder paper, pens and ink cartridges l

} 3) Printer ribbons and paper 3

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4) Spare power supplies

b. Inventory and determine operability of the existing supply of spare parts for all simulators.

c. Identify suppliers for repair work and replacement parts, including costs and turnaround time, and procure appropriate spare parts to assure availability of TTC simulators for training.

d. Make modifications to simulator benchboards and install additional hardware such as switches, chart recorders, meters, and video display monitors into the existing simulator benchboards as required by NRC.

e. Install upgraded or replacement equipment to improve the operability or reliability of the TTC simulators. Examples of such equipment include, but are not limited to: I/O systems or components; computer systems and peripherals.

C.3.5. The Contractor shall obtain and provide simulator spare, repair parts, tools and test equipment, and vendor assistance as necessary to suppon the operation of TTC simulators.

a. The Contractor shall procure simulator spare and repair parts and provide them to the NRC at cost plus a reasonable handling fee.

b. The Contractor shall identify and provide vendor support for repair of TTC simulator hardware, when required, at cost plus a reasonable handling fee.

c. Each order for parts or vendor support shall be submitted to the project officer on a standard form for review prior to any order being placed.

d. The contractor shall make every effort to procure parts and vendor support at the lowest available price. This effort shallinclude identification of multiple suppliers for all orders, where possible. When multiple suppliers are not available, the reasons for selecting a single source shall be provided.

e. The contractor shall include any discount or rebate in the cost of the parts or 4 '

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RS-38-99-283 Section C services provided for the NRC.

f. For computer systems corrective maintenance requiring vendor support, the Contractor shall identify the appropriate vendor and arrsng- for vendor support.

All such occurrences shall be approved by the project officer.

g. Each order for vendor support shall be submitted to the project officer on a standard form for review prior to any order being placed.

h. The Contractor shall maintain accurate records of all purchases such that the total cost of all parts and vendor support, and the balance of remaining 5nds can be determined.

i. The funding for parts and vendor support will be provided by NRC as a separate line item with a maximum of $150,000.00 per contract year. Funds will be obligated to this line item incrementally, as needed. Unused funds will be carried over into succeeding contract or option years.

C.3.6. Spare parts and supplies are maintained in close proximity to the appropriate simulator.

Tools, test equipment and a workbench are maintained in a work room to which the contractor will be provided access. The NRC will also provide a desk, phone and personal computer for use by Contractor personnel in this workroom.

C.3.8 The Contractor shall provide three full-time (excluding federal holidays) technician-level hardware maintenance suppon personnel for the TTC simulators as described above in each year of the contract.

C.3.9 The Contractor shall provide an option for one additional full-time (excluding federal holidays) technician-level hardware support person per year.

C.3.10 The Contractor shall designate one of the technicians as the on-site manager / lead technician. This individual will be the point of contact with the project officer for communications concerning the day-to< lay implementation of the contract.

C.3.11 The Contractor shall designate a corporate contact for resolution of technical items which cannot be resolved by the on-site manager / lead technician.

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RS-38-99-283 Section C C.3.12 The On Site Manager / lead technician, shall be identified as key personnel. Any replacement personnel shall be subject to the approval of the NRC Project Officer.

C.3.13 The Contractor shall coordinate with the present hardware maintenance contractor, ,

Pulau Electronics Corporation, to assure a smooth transfer of maintenance I responsibilities with no impact on the availability of TTC simulators. The transition period shall be at least two weeks.

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C.3.14 The principal period of maintenance for this contract shall be nine consecutive hours between 7:30 am noon and 4:30 pm, Monday through Friday, excluding federal holidays.

C.3.15 During periods of heavy simulator utilization, training classes are sometimes scheduled for periods other than day shift. The Contractor shall provide the services of at least one technician for nine consecutive hours between 3:00 pm and midnight during such times, as specified by the Project Officer. Estimated occurrences of such second shift operations i are 10 weeks per year.

l C.3.16 Most corrective maintenance will be performed during the principal period of maintenance. Exceptions are failures which either occur or continue outside the principal period of maintenance, and affect simulator availability for training when the simulator is actually scheduled for training. For these situations, the contractor shall provide a procedure for on-call or backup corrective maintenance. Maximum acceptable response time for on-call corrective maintenance shall be one hour from notification. Estimated  !

occurrences of such on-call corrective maintenance are fifteen per year with an average of three hours per occurrence.

C.3.17 Outside principal period of maintenance (OPPM) work will be limited to Monday through Friday unless the failure affects simulator availability for a scheduled class. In such cases OPPM maintenance will be performed on the weekend at mutually acceptable times.

C.3.18 The Contractor shall provide a monthly report documenting major work activities, number of hours work.ed, spare or repair parts purchased and vendor support obtained.

Copies of this report are to be provided to the Project Officer and Contract Administrator.

C.3.19 The Contractor shall provide personnel with sufficient qualifications to perform the 6

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, maintenance support described above. All technician (s) shall possess a combination of education / training and experience to demonstrate competence in the maintenance of full scope- power plant simulators or equivalent full-scope aviation or industrial simulators as described below:

a. Training and education related to the maintenance of full-scope simulator hardware and computer systems. Acceptable training includes technical or trade schools, military training and commercial training programs.

b. A minimum of two years of work experience related to the maintenance of complex electronic systems. Systems meeting this requirement must include an electronic input / output system or data acquisition system, and a real-time computer system. Persons identified as Key Personnel must meet this requirement through experience on full-sco;ie nuclear power plant simulator hardware.

c. A minimum of four years of work experience demonstrating the ability to troubleshoot complex electronic equipment utilizing test gear such as oscilloscopes, multimeters and related equipment. The experience described in b.

above can satisfy this requirement on a one for one basis.

C.3.20 At least one of the technicians shall have a minimum of two years of work experience related to the maintenance, troubleshooting and repair of computer systems similar to those associated with the full scope nuclear power plant simulators located at the TTC.

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C.4 DELIVERABLES

1. Technician level maintenance support for routine preventive maintenance for TTC 1 simulators as described in C.3.1.

2. Technician level support for corrective maintenance for TTC simulators as described in l C.3.2.

3. Technician level support for preventive and corrective maintenance for the computer j systems of TTC simulators as described in C.3.3.

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4. Technician level support for additional services for TTC simulators as described in C.3.4. i

5. Simulator spare and replacement parts and consumables as described in C.3.5.

6. A monthly report documenting major work activities, number of hours worked , spare or ,

repair parts purchased and vendor support obtained. Copies of this report are to be provided to the Project Officer and Contract Administrator.

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i l SECTION D - PACKAGING AND MARKING l

D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe i delivery at destination. Containers and closures shall comply with  !

the Interstate Commerce Commission Regulations, Uniform Freight i Classification Rules, or regulations of other carriers as applicable i to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the prcduct is being provided.

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RS-38-99-283 Section E

(~* SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 l

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) l Inspection and acceptance of the deliverable items to be furnished hereunder l shall be made by the Project Officer at the destination.

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RS-38-99-283 Section F SECTION F - DELIVERIES OR PERFORMANCE i

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.242-15 STOP-WORK ORDER AUG 1989 F.2 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE 4 (JUN 1988)

The ordering period for this contract shall commence on and will expire j on. Any orders issued during this period shall be completed within the time i specified in the order, unless otherwise specified herein. (See 52.216 Ordering.) The term of this contract may be extended at the option of the Government for an additional 4 one-year periods..

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l RS-38-99-283 Section G l SECTION G - CONTRACT ADMINISTRATION DATA 1

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G.1 2052.215-73 PROJECT OFFICER AUTHORITY-ALTERNATE 2 )

(a) The contracting officer's authorized representative, hereinafter referred to as the project officer for this contract is:

Name:

Address:

Telephone Number:

(b) The project officer shall:

(1) Place delivery orders for items required-under this contract.

(2) Monitor contractor performance and recommend to the contracting officer changes in requirements.

(3) Inspect and accept products / services provided under the contract.

(4) Review all contractor invoices / vouchers requesting payment for l products / services provided under the contract and make i recommendations for approval, disapproval, or suspension.

(c) The project officer may not make changes to the express terms ,

and conditions of this contract.

G.2 2052.216-74 TASK ORDER PROCEDURES (a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORP.) which includes the following, as appropriate:

(1) Scope of work / meetings / travel and deliverables; ,

(2) Reporting requirements; l (3) Period of performance-place of performance; (4) Applicable special provisions; i I

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RS-38-99-283 Section G (5) _ Technical skills required; and (6) Estimated level.of effort.

(b) Task order proposal. By the date specified in the TORP, the contractor shall deliver to the contacting officer a written proposal that provides the following technical and cost information, as appropriate:

(1) Technical proposal content; (i) A discussion of the scope-of work. requirements to substantiate i the contractor's understanding of the requirements of the task order- I and the. contractor's proposed method of approach to meet the objective of the order.

(ii)- Resumes for professional personnel proposed to be utilized in the performance of any resulting task order. Include educational background, specific pertinent work experience, and a list of any pertinent publications authored by the individual.

(iii) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in completing work on the task order.

(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.

(2) Cost proposal. The contractor's cost proposal for each task order'must be prepared using Standard Form 1411, Contract Pricing Proposal cover sheet. A copy of the form and instructions are attached to this contract. Each task order cost proposal must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORF indicates if a CSP is required.

(c) Task order award. The contractor shall perform all work ,

described in definitized task orders issued by the contracting  !

officer. Definitized task orders include the following:

(1) Statement of work / meetings / travel and deliverables; j (2) Reporting requirements; j

- (3) Period of performance; j (4) - Key personnel; (5) Applicable special provisions; and  !

(6) Total task order amount including any fixed fee.

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RS-38-99-283 Section G i G.3' 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer.

Accordingly, when the contracting officer verbally authorizes the work, *he contractor shall proceed with performance of the task orde: subject to the monetary limitation established for the task order oy the contracting officer.

03) When this accelerated procedure is employed by the NRC, the l- contractor agrees to begin promptly negotiating with the contracting I officer the terms of-the definitive task order and agrees to-submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date

! mutua'lly agreed upon by the contractor and contracting officer, the j contractina officer may determine a reasonable price and/or fee in l accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic j contract.

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G.4 ORDERING PROCEDURES (MAY 1991)

(a) In addition to the contracting officer, contract administrator, and project officer, the following individuals are authorized to issue delivery orders under this contract:

03) All delivery orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by written telecommunications.

G.5 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearing House (ACH) electronic funds .

transfer payment system. The electronic system is known as Vendor l Express. Payment shall be made in accordance with FAR 52.232-33, entitled " Mandatory Information for Electronic Funds Transfer Payment".

To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vendor / Miscellaneous Payment Enrollment Form" found as an attachment G-3

RS-38-99-283 Section G to this document. The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account. The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution. Further information concerning the addendum i is provided at Attachment. The ACN Coordinator should fill out the

" Financial Institution Information" portion of the form and return it to the Office of the Controller at the following address:

Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN: ACH/ Vendor Express. It is the responsibility of the contractor to ensure that the financial institution returns the completed form to the above cited NRC address. If the contractor can provide the financial information, signature of the financial institutions ACH Coordinator is not required. The NRC is under no obligation to send reminders. Only after the Office of the Controller has processed the contractor's sign-up form will the contractor be eligible to receive payments.

Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.

Questions concerning ACH/ Vendor Express should be directed to the Financial Operations staff at (301) 415-7520."

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RS-38-99-283 Section H 1

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SECTION H - SPECIAL. CONTRACT REQUIREMENTS H.1 2052.204-70. SECURITY (a) . Security / Classification Requirements Form. The attached NRC Form 187 (See Section J for List of Attachments) furnishes the basis.for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 cnr more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Securit Information, Restricted Data, and Formerly Restricted Data. .e contractor shall, in accordance with the Commission's securi -

regulations and requirements, be responsible for safeguarding National ~ Security Information, Restricted Data, and Formerly Restricted Data,.and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall,'upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract. If retention by the contractor of any classified matter is required after the completion or termination of the contract and the retention is approved by the contracting officer, the contractor shall complete a certificate of possession to be furnished to the Commission specifying the' classified matter to be retained. The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or j acquire, proprietary data (trade secrets) or confidential or '

privileged technical, business, or financial information, including l Commission plans, policies, r' ports, financial plans, internal data i protected by the Privacy Act af 1974 (Pub. L.93-579), or other  ;

information which has not been released to the public or has been i determined by the Commission to be otherwise exempt from disclosure  !

E to the public. The contractor agrees to hold the information in j confidence'and not to directly or indirectly duplicate, disseminate, j or disclose the information in whole or in part to any other person -

oor organization except as may be necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or'otherwise dispose of it at the direction of the H-1  !

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RS-38-99-283 Section H contracting officer. Failure to comply with this clause is grounds for termination of this contract.

l (d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Security and the Contracting Officer. These changes will be under the authority of the changes clause.

(e) Definition of National Security Information. The term National Security Information, as used in this clause, means information that l has been determined pursuant to Executive Order 12356 or any predecessor order to require protection against unauthorized i disclosure and that is so designated.

(f) Definition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerning:

(1) design, manufacture, or utilization of atomic weapons, (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.

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

(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Jata, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified

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Information Nondisclosure Agreement, when access to classified information is required.

1 (i) Criminal liabilities. It is understood that disclosure of National Security Information, Restricted Data, and Formerly Restricted Data, relating to the work or services ordered hereunder to any person not ent ;1ed to receive it, or failure to safeguard any Rescricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the cent actor's control in connection with work under this l contract, may subject tha contractor, its agents, employees, or subcontractors to crimino. liability under the laws of the United l States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C.

l 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12356.)

l (j) Subcontracts L:1d purchase orders. Except as otherwise authorized in writing by the contrac+ , offi-ar, the contractor shall insert H-2 f

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RS-38-99-283 Section H provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

(k) In performing the contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued bv the Commission.

Every subcontract and purchase order issued hereund'r e involving the origination or generation of classified documents, material, and egr apment must provide that the subcontractor or supplier assign elsesification to all documents, material, and equipment in accordance with guidance furnished by the contractor.

H.2 20%2.204-71 SITE ACCESS BADGE REQUIREMENT During the life of this contract, the rights of ingress and egress for contractor personnel must be made available as required. In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project Officer shall assist the contractor in obtaining the badges for the contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel.

Contractor personnel must have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with.

H.3 2052.215-70 KEY PERSONNEL (a) The following individuals are considered to be essential to the successful performance of the work hereunder:

The contractor agrees that pers innel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

l (b) If one or more of the key personnel, for whatever reason, H-3

RS-38-99-283 Section H becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the i contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

H.4 SITE ACCESS BADGE PROCEDURES (FEB 1995)

The contractor shall ensure that all its employees, including any subcontractor employees and any subsequent new employees who are assigned to perform the work herein, are approved by the Government for building access.

Within ten working days after award of a contract, execution of a modification of a contract or proposal of new personnel for contract tasks, the firm so notified must furnish properly completed security applications for employees. Timely receipt of properly completed security applications is a contract requirement. Failure of the l contractor to comply with this condition within the ten work-day period may be a basis to void the notice of selection. In *. hat event, the Government may select another firm for award.

The Government snall have and exercise full and complete control over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract.

Individuals performing work under this contract shall be required to complete and submit to the contractor representative an acceptable Form 176 (Statement of Personal History), and two FD-258 H-4 4

RS-38-99-283 Section H (Fingerprint Charts) at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> prior to performing services at the NRC. The contractor representative will submit the documents to the Project Officer who will give them to the Division of Security. Since the NRC/ Government approval process takes 45 to 60 dcys or longer from receipt of acceptable security applications, the NRC may, among other things, grant or deny temporary building access approval to an individual based upon its review of the information contained in the GSA Form 176. Also, in the exercise of its authority, GSA may, among other things, grant or deny permanent building access approval based on the results of its investigation and adjudication guidelines. This submittal requirement also applies to the officers of the firm who, for any reason, may visit the work sites for an extended period of time during the term of the contract. In the event that NRC and GSA are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract.

The contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e.,

temporary and permanent determinations), and the possibility that individuals may be required to wait until permanent building access approvals are granted before beginning work'in NRC's buildings.

The contractor will advise the Prcject Officer, who, in turn, will advise the Division of Security, of the termination or dismissal of any employee who has applied for, or has been granted, NRC building access approval. It is the responsibility of the contractor to obtain and return to the Division of Security, any photo-identification or temporary badge of an individual who no longer requires access to NRC space.

l H.5 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY

, SERVICES (FEB 1995) l The proposer / contractor must identify all individuals and propose the level of Information Technology (IT) approval for each, using the following guidance. The NRC sponsoring office shall make the final determination of the level, if any, of IT approval required for all individuals working under this contract.

The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract.

CONTRACTOR SECURITY REQUIREMENTS FOR LEVEL I Performance under this contract will involve prime contractor personnel, subcontractors or others who perform services requiring direct access to or operate agency sensitive automated information systems (IT Level I).

The IT Level I involves responsibility for the planning direction, 1-5

RS-38-99-283 Section H and implementation of a computer security program; major responsibility for the direction, planning, and design of a computer system, including the hardware and software; or the capability to access a computer system during its operation or maintenance in such a way That could cause or That has a relatively high risk of causing grave damage; cr the capability to realize a significant personal gain from computer access. Such contractor personnel shall be subject to the NRC contractor personnel security requirements of NRC 1 Management Directive (;MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a Limited background Investigation (LBI).

l A contractor employee shall not have access to NRC sensitive systems and data until he/she is approved by DFS for temporary and final access in accordance with the procedures found in NRC Management Directive 12.3, Part 1.

The contractor shall submit through the Project Officer to the NRC Division of Facilities and Security (DFS) within fifteen (15) calendar days following award of contract, execution of a modification, or proposal of new personnel for work to be performed under the contract, a completed Personnel Security Forms packet including a Questionnaire for National Security Positions (SF-86) for all personnel requiring the investigation. The contractor shall assure That all forms are accurate, complete, and legible (except for Part 2. questionnaire for National Security Positions, which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope). As set forth in MD 12.3, based an DFS review of the applicant's security forms and/or the receipt of adverse information by NRC" the individual may be denied access to NRC sensitive automated information systems and data until a final determination is made of his/her eligibility under the provisions of MD 12.3 Exhibit 11, Any questions regarding the individual's eligibility for IT Level I approval will be resolved in accordance with the due process procedures set forth in MD 12.3.

Exhibit 11.

In accordance with NRCAR 2052.204-70 " Security," !T Level I contractors shall be subject'to the attached NRt Form 187 (See Section J for List of Attachments) which furnishes the basis for providing security requirements to prime contractors, subcontractors or others (e.g. bidders) who have or may have an NRC contractual relat.4cnship which requires access to or operation of agency sensitive automated information systems or remote development and/or analysis of sensitive automated information systems and data or other access to such systems and data; access an a continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo identification or card-key badges.

CONTRACTOR SECURITY REQUIREMENTS FOR LEVEL II Performance under this vantract will involve contractor personnel remotely develop and/or analyze sensitive automated information systems and data or otherwise have access to such systems and data (IT Level II). The IT Level II involves responsibility for the H-6 6

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planning, design, operation, or maintenance of a computer system by an individual whose work is normally technically reviewed by an IT I l sensitivity employee to ensure the integrity of the system; other positions involving a degree of access to a system that creates a significant potential for damage or personal gain but less than that of IT Level I positions; and all other computer or IT positions.

Such contractor personnel shall be subject to the NRC contractor personnel requirements of Management Directive (MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a National Agency Check with Inquiries and Credit Investigation (NACIC).

A contractor employee shall not have access to NRC sensitive systems and data until he/she is approved by DFS for temporary and final access in accordance with the procedures found in NRC Management Directive 12.3, Part 1.

The contractor shall submit through the Project Officer to the NRC i Division of Facilities and Security (DFS) within fifteen (15) calendar days following award of contract, execution of a modification, or proposal of new personnel for work to be performed under the contract, a completed Personnel Security Forms packet including a Questionnaire for National Security Positions (SF-86) for all personnel requiring the investigation. The contractor shall assure That all forms are accurate, complete, and legible (except for Part 2. questionnaire for National Security Positions, which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope). As set forth in MD 12.3, based an DFS review of the applicant's security forms and/or the receipt of adverse information by NRC" the individual may be denied access to NRC sensitive automated information systems and data until a final determination is made of his/her eligibility under the provisions of MD 12.3 Exhibit 11, Any questions regarding the individual's eligibility for IT Level II approval will be resolved in accordance with the due process procedures set forth in MD 12.3.

Exhibit 11.

In accordance with NRCAR 2052.204-70 " Security," IT Level II l contractors shall be subject to the attached NRC Form 187 (See ,

Section J for List of Attachments) which furnishes the basis for i providing security requirements to prime contractors, subcontractors l or others (e.g. bidders) who have or may have an NRC contractual i relationship which requires access to or operation of agency sensitive automated information systems or remote development and/or analysis of sensitive automated information systems and data or other access to such systems and data; access an a continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo identification or card-key badges.

CANCELLATION OR TERMIhATION OF IT ACCESS / REQUEST When a request for investigation is to be withdrawn or canceled, the contractor shall immediately notify the Project Officer by telephone in order that he/she will contact the NRC Division of Facilities and Security (DFS) so that the in/estigation may be H-7 I l l

RS-38-99-283 Section H j promptly discontinued. The notification shall contain the full name of the individuri, and the date of the request. Telephone notifications ..ast be promptly confirmed in writing to the Project Officer who v.11 forward the confirmation to the DFS. Additionally, DFS must be immediately notified when an individual no longer requires access ta NRC sensitive automated information systems and {

data, including the voluntary or involuntary separation of l employment of an individual who has been approved for or is being  !

processed for access under the NRC Computer Personnel Security Program.

H.6 GLOSSARY OF ADP TERMS (JUN 1988)

The definitions and explanations set forth in this glossary are an l integral part of the terms and conditions of this contract.  ;

l (a) Data Processing Equipment System and/or Subsystem. The i complement of individual machines and operating software furnished by the Contractor and acquired to operate as an integrated group.

(b) Equipment. An all inclusive term which refers either to an individual machine or to the total complement of machines required to operate as an integrated group.

(c) Equipment and/or Operating Software Failure. A malfunction in the contractor-supplied equipment and/or operating software, excluding all external factors, which prevents the accomplishment of l the job. 1 (d) Installation Date. The date by which the Contractor must have the ordered equipment ready for use by the Government.

(e) Machine. An individual unit, including features installed thereon, of a data processing system, or subsystem, identified by a type and/or model number, such as a central processing unit, additional memory module, a tape unit, a card reader, etc.

(f) Mechanical Replacement'. The replacement of one machine for another occasioned by the mechanical condition of the equipment being replaced.

(g) Operating Software. Those routines that interface directly with hardware (including peripheral devices), the computer operations, applications and utility programs.

(h) Operational Use Time. The time during which equipment is in actual operation, exclusive of idle time, standby time, or maintenance time due to machine failure; not synonymous with

" power-off" time.

(i) Preventive Maintenance. That maintenance performed by the Contractor which is designed to keep the equipment in proper operating condition. It is performed on a scheduled basis.

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(k) Extended Maintenance Period Option. Option to require maintenance service during any extension of the Principal Period of Maintenance at a fixed price for such period, regardless of the l number of calls requested during such l

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(1) Remedial Maintenance. That maintenance performed by the Contractor which results from Contractor supplied equipment or operating software failure. It is performed as required and is therefore on an unscheduled basis.

I (m) Total Monthly Charges.

(1) Rental. All monthly charges for the use (rental) of equipment l and software and for maintenance thereof.

(2) Maintenance of Government-owned. All monthly charges for the maintenance of equipment and software supplied under this contract.

l (n) Alteration. An alteration is defined as any change to a machine which deviates from the physical, mechanical, or electrical machine design (including microcode) , whether or not additional l devices or parts are required.

i (C) Attachment. An attachment is defined as the mechanical,

! electrical, or electronic interconnection of equipment manufactured l by other than the original equipment manufacturer and connected to l the machine or system.

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l H.7 CREDITS, MACHINE REPLACEMENT, TECHNICAL ASSISTANCE AND j ADDITIONAL HARDWARE AND SOFTWARE (JUN 1988) j I

(a) Late Response Time Credit.

l The cc ractor's maintenance personnel shall arrive at the  !

designar point within the response time specified in the clause j "Maintent e Requirements". If maintenance personnel fail to arrive at the installation within the designated response time, the contractor shall grant a credit to the Government for the elapsed time in excess of the specified response time and up to actual j arrival time. j Tne amount of creditable hours shall be accumulated for the month and adjusted to the nearest hour. The amount of credit for each hour in excess of the specified respense time shall be computed at the rate of% of the basic monthly wr.ntenance charge. The total credit during any month shall not exueed the total monthly charge.

The total credit shall not exceed of the total monthly charge per calendar day. I H-9

I I RS-38-99-283 Section H (b) Maintenance Downtime Credits.

(1) Definition. System downtime is that period of time when the I system is inoperative and no scheduled workload can be accomplished due to a malfunction in the Contractor-supplied equipment or l operating software or because the system is released to the

! Contractor for remedial services.

(2) Period of Downtime. Downtime shall commence at the time of the initial bona fide attempt to make contact with the Contractor's maintenance representative at the designated point of contact or j with the coverage provided to permit the Government to make such l contact. Downtime shall end when the system and/or machine is returned to the Government in operable condition, including ,

operating software regeneration, if required, ready to perform the I scheduled workload.

(3) Maintenance Credit for System Downtime. If the system remains inoperative and cannot perform the scheduled workload due to an equipment or operating software malfunction through no fault or I negligence of the Government for a period of more than consecutive hours or nonconsecutive hours during a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period, ]

i the Contractor shall grant a credit to the Government for each hour of downtime in the amount of percent of the total monthly charges due under this contract, as defined in the contract's J Glossary. No credit shall be due the Government for operating software malfunctions when (i) the malfunction is not attributable solely to the Contractor supplied software; and/or (ii) the Government l

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has made any additions, alterations or otherwise modified the operating software. The credit for system downtime shall be computed to the nearest half hour. No credit shall accrue to the Government during those periods when the contractor is denied access to the equipment. The s'/>unt of credit granted shall not exceed of the total monthly charges for any calendar day.

(4) Maintenance Credit tor Equipment Downtime. If the equipment remains unusable due to an equipment and/or operating software malfunction, through no fault or negligence of the Government for a period of more than consecutive hours or nonconsecutive hours during a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period, the Contractor shall grant a credit to the Government for each hour of downtime in the amount of percent of the total monthly charges for the machine due under this contract, as defined in the Glossary of ADP Terms clause in Section H, plus identical credits for any other machine (s) supplied under this contract not usable as a result of the malfunction. Credit granted under this paragraph for each machine shall not exceed of the total monthly charge for the machine for any calendar day. Credit for equipment or software malfunctions I shall be computed to the half hour. No credit shall be due the Government for operating software malfunctions when (i)the malfunction is not attributed solely to the Contractor supplied software; and/or, (ii) the Government has made any additions, alterations or otherwise modified the operating software. During a period of downtime, the Government may use operable equipment when such action does not interfere with remedial maintenance. The credit provisions of this paragraph do not apply when paragraph b.

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I RS-38-99-283 Section H (3) above is involved.

I H.8 FIPS PUBS .\ND STANDARDS COMPLIANCE (MAR 1987) l l In no case shall the Contractor or any subcontractor take any action or use any replacement parts that would result in equipment that is not in compliance with applicable FIPS PUBS and Standards (See Section J for List of Attachments) without written approval of the Contracting Officer.

H.9 SEAT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

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RS-38-99-283 Section I PART II - CONTRACT CLAUSES SECTION I -

CONTRACT CLAUSES I =.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference.(by Citation Number, Title, and l Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR '

52.252-2 for an internet address (if specified) for electronic l access to the'tull text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

-52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY l 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-2 SECURITY REQUIREMENTS AUG 1996 52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA l

52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-14 INTEGRITY OF UNIT PRICES OCT 1997 52.215-15 PENSION ?.DJUSTMENTS AND ASSET REVERSIONS DEC 1998 (DEC 1996 1 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997 l

' POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.219-8 UTILIZATION OF SMALL, SMALL JAN 1999 l DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS CONCERNS I-1

RS-38-99-283 Section I 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JAN 1999 (JAN 1999) 52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS JAN 1999 SUBCONTRACTING PLAN 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY FEB 1999 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF APR 1984 ,

SUBCONTRACTS {

52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998 j DISABILITIES '

52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999 AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW APR 1998 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-9 BUY AMERICAN ACT--TRADE JAN 1996 AGREEMENTS--BALANCE OF PAYMENTS PROGRAM 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN AUG 1998 i PURCHASES l 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 j 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 i AND COPYRIGHT INFRINGEMENT l 52.228-5 INSURANCE--WORK ON A GOVERNMENT JAN 1997 INSTALLATION 52.229-3 FEDERAL, STATE, AND LOCAL TAXES JAN 1991 52.229-5 TAXES--CONTRACTS PERFORNED IN U.S. APR 1984 POSSESSIONS OR PUERTO RICO  ;

APR 1904 52.232-1 PAYMENTS 52.232-8 DISCOUNTS FOR PROMPT PAYMENT MAY 1997 52.232-11 EXTRAS APR 1984 52.232-l'7 INTEREST JUN 1996 '

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES MAR 1994  ;

ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984  ;

EQUIPMENT, AND VEGETATION 52.242-13 BANKRUPTCY JUL 1995 52.243-1 CHANGES--F1XED PRICE AUG 1987 ALTERNATE I (APR 1994) 52.244-2 SUBCONTRACTS AUG 1998 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND APR 1998 COMMERCIAL COMPONENTS 52.245-1 PROPERTY RECORDS APR 1984 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.249-4 TERMINATIUN FOR CONVENIENCE OF THE APR 1984 GOVERNMENT (SERVICES) _ (SHORT FORM) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I-2 4

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RS-38-99-283 Section I I.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract

'shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a i delivery order.or task order and this contract, the contract shall j l control.

(c) If mailed, a delivery order or task order is considered I

" issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

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i I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or i

services covered by this contract in an amount of less than ,

the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of  ;

(2) Any order for a combination of items in excess of  ;

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation - (FAR) ) , the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor l shall honor any order exm iing the maximum order limitations in  ;

paragraph (b), unless u. ' ur (or orders) is returned to the  ;

ordering office within day ..cer issuance, with written notice l stating the Contractor's intent not to ship the item (or items)  !

called for and the reasons. Upon receiving this notice, the Government.may acquire the supplies'cr services from another source.

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RS-38-99-283 Section I I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the " maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the " minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

I.5 52.217-7 OPTION FOR INCREASED Qi'NTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The contracting Officer may exercise the option by written notice to the Contractor within

. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT ,

(MAR 1989) l (a) The Government may extend the term of this contract by written notice to the Contractor within 10 months provided, that the l 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 commit the Government to an extension.

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RS-38-99-283 Section I (b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.7 52.232-25 PROMPT PAYMENT (JUN 1997)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments (1) Due Date. (i) Except as indicated in subparagraph (a) (2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a) (1) (ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractcr's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--

(A) For meat or meat food products, as defined in section 2 (a) (3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182 (3 ) ) ,

and as further defined in Pub. L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, i but not later than, the 7th day after product delivery.

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RS-38-99-283 Section I (B) For fresh or frozen fish, as defined in section 204 (3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)),

as close as possible to, but not later than, the 7th day after product delivery..

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 4 99a (4) ) , as close as possible to, but not later than, the loth day after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the '

Dai g Production Stabilization Act of 1983 (7 U.S.C. 4502 (e) ) ,

edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid l milk, cheese, certain processed cheese products, butter, yogurt, ice  !

cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a .

j contract payment due date. The burden of proof that a classification i of a specific product is, in fact, prevailing industry practice is I upon the Contractor making the representation. I (ii) If the contract does not require submission of an invoice l for payment (e.g., periodic lease payments), the due date will be as i specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a) (3) (i) through (a) (3) (viii) of this clause. If the i invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office i received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared f~ rom edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest '

penalty owed the Contractor in the manner described in subparagraph (a) (5) of this clause.

(i) Name and address of the Contractor.

(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supn'tes delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and I-6 O

I RS-38-99-283 Section I

, extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms) . Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

(viii) Any other information or documentation required by the contract (such as evidence of shipment).

(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice. >

(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a) (4 ) (i) through (a) (4 ) (iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.

(i) A proper invoice was received by the designated billing office.

(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U. S . C . 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g.,

tariffs) This rate is referred to as the " Renegotiation Soard Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compoundeo in 30-day increments inclusive from the first day after the due date through the payment date. That is, I-7 1

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RS-38-99-283 Section I interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph l (a) (3) of this clause, the due date on the corrected invoice will be l adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest

penalty owed the Contractor will be based on this adjusted due date.

Adjustments will be made by the designated payment office for errors in calculating interest penalties.

l (i) For the sole purpose of computing an interest penalty that l might be due the Contractor, Government acceptance shall be deemed i to have 0.:urred constructively on the 7th (unless otherwise specifie- in this contract) after the Contractor delivered the l

supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest ,

penalty shall be based on the actual date of acceptance. Ele  ;

constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).

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

(C) For incorrect elbetronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than

$1 need not be paid.

(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.

(6) Prompt payment discounts. An interest penalty also shall be

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RS-38-99-283 Section I paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a) (5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a) (7) (iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor-- ,

I (A) Is owed an interest penalty of $1 or more;

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(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a) (7) (ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii) (A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall--

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late I payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt.

(B) Demands must be postmarked on or before the 40th day after payment was made, except that--

(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or (2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii) (A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000; I-9 1

RS-38-99-283 Section I (2) The additional penalty shall never be less than $25; and (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

(B) If the interest penalty ceases to accrue in accordance l with the limits stated in paragraph (a) (5) (iii) of this clause, the i

amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph (a) (7) (iii) (A) of this clause.

(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein.

(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).

(b) Contract financing payments-- (1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.

(2) Duc dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

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

(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

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RS-38-99-283 Section I I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es).

http://www.arnet. gov /far l

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RS-38-99-283 Section J PART III - LIST Of DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENT NUMBER TITLE DATE P7GbS i

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r RS-38-99-283 Section K PART IV -

REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS l K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this I

section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a ,

l provision.

j NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chanter 1) 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR lt91 i PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999 (FEB 1999)

! K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION -(APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) those prices; (ii) the intention to submit an offer;, or I

(iii) the methods or factors uned to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly. disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by tre offeror to induce any other concern to submit or not to submit rA offer for the purpose-of restricting competition.

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v w-v-

{

RS-38-99-283 Section K (b) Each signature on the offe: a a nsidered to be a certification by the signatory tl.v - s signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and l

that the signatory has not. participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or

' (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate.in any action contrary to subparagraphs (a) (1) through (a) (3) above

[ Insert full name of person (s) in the offeror's organization responsible for determining the prices offered in the bid or l proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (i) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and (iii) As an agent, has not personally participated, and will, j not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

(c) If the of feror deletes or modifies subparagraph (a) (2) of this  ;

provision, the offeror must furnish with its offer a signed i statement setting forth in detail the circumstances of the I disclosure.

1 i

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) i (a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis,  !

and of which the offeror is a member.  !

l l Taxpayer Idehtification Number (TIN), as used in this provision, l

means the number required by the Internal Revenue Service (IRS) to

.b's used by the offeror in reporting income tax and other returns.

The TIN may be either a Social Security Number or an Employer '

7dentification Number.

K-2 l .

RS-38-99-283 Section K

, (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting  ;

requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing  :

regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of. payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c) (3) ) . If the resulting contract is subject to the payment reporting requirements described 1 in FAR 4.904, the TIN provided hereunder may be matched with IRS l records to verify the accuracy of the offeror's TIN.

)

(d) Taxpayer Identification Number (TIN).

[ ]

TIN..

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a notrasident alien, foreign corporation, or foreign partnership that coes not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal  !

Government. 1 (e) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership; l

[ ] Corporate entity (not tax-exempt);

]

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ]

other--------------------------------------------------------

K-3

RS-38-99-283 Section K (f) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

1 Name---------------------------------------------------------------

TIN----------------------------------------------------------------

K.4 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995)

(a) Representation. The offeror represents that it [] is, [ ]

is not a women-owned business concern.

(b) Definition. Women-owned business concern, as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

1 K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The offeror and/or any of its Principals -

(A) Are [] are not [] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(:B) Have [] have not [], within a 3-year period preceding this orfer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal l

offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and K-4 L

c RS-38-99-283 Section K l (C)' Are {] are not [] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a) (1) (i) (B) of this provision.

(ii) The. Offeror has [] has not ], within a 3-year period preceding this offer, had one or more con.racts terminated for default by any Federal agency.

(2) " Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary I management or superv:.sory responsibilities within a business entity l (e.g. , general mans jer; plant manager; head _ of a subsidiary, l

division,.or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstunces.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an asard under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Gcvernment, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.6 52.215-4 TYPE OF BUSINESS ORGANIZATION (OCT 1997)

The offeror or respondent, by checking the applicable box, represents that--

K-5

RS-38-99-283 Section K (a) It operates as [ ] an individual, [ ] a partnership, [ ]

a nonprofit organization, [ ] a joint venture, or [ ] a corporation incorporated under the laws of the State of (b) If the offeror or respondent is a foreign entity, it operates as [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, .[ ] a joint venture, or [ ] a corporation, registered for business in (country) .

K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1998)

(a) (1) The standard industrial classification (SIC) code for this acquisition is 7378.

(2) The small business size standard is million [ average annual receipts for 3 preceding fiscal yrs).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it [] is, [] is not a small business concern.

(2) (Complete only if offeror represented itself as a small business concern in paragraph (b) (1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, []

is not, a small disadvantaged business concern as defined in 13 CF2 124.1002.

(3) (Complete only if offeror re '

business concern in paragraph (b) (1) of presented itself as a The this provision.) smallofferor -

represents as part of its offer that it [] is, [] is not a women-owned small business concern.

(c) Definitions.

"Small' business concern", as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

" Women-owned small business concern", as used in this provision, means a small business concern--

(1) Which is at least 51 percent owned by one or more women or, in the case uf. any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and K-6 l

F i .

l RS-38-99-283- Section K (2) Whose management and dail controlled by.one or more women. y business operations are

.(d) Notice. (1) If this solicitation is for supplies and has been set-aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 3 (a) , 8 (d) , 9, or 15 of the Small Business Act or any other specifically references section 8 (d) provision of Federal for a definition of law that program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act.

l l

l-K . 8' 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) l The offeror represents that--

l (a) It [] has, [] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 o.

Executive Order No. 11114; (b) It [] has, [] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. 1 K.9 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that--

(a) It [] has developed and has on file, [] has not developed  :

and does not have on file, at each establishment, affirmative action l K-7 l

l N l

l 1

l i

j

RS-38-99-283 Section K t

programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) , or (b) It [] has not previously had contracts subjegt to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

l K.10 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)

The Offeror certifies that--

l (a) Any facility to be used in the performance of this proposed contract is [), is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (b) The Offeror will immediately notify the contracting Officer, before award, of the receipt of any communication from the i Administrator, or a designee, of the EPA, indicating that any facility that the offeror proposes to use for the performance of the contract is under consideration to be listed on the (EPA) List of Violating Facilities; and (c) The offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

K.11 52.225-8 BUY AMERICAN ACT--TRADE AGREEMENTS--

BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 1994)

(a) The offeror hereby certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product (as defined in the clause entitled " Buy American Act--Trade Agreements--Balance of Payments Program") and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) country, or a Caribbean Basin country, as defined in section 25.401 of the Federal Acquisition Regulation.

(b) Excluded End Products:

Line Item Number Country of Origin (List as necessary)

(c) Offers will be evaluated by giving certain preferences to domestic end products, designated country end products, NAFTA K-8 4

t

r RS-38-99-283 Section K 1

country end products, and Caribbean Basin country end products over other end products. In order to obcain these preferences in the evaluation of each excluded end product listed in paragraph (b) of this provision, offerors must identify and certify below those excluded end products that are designated country end products or Caribbean Basin country end products. Products that are not identified and certified below will not be deemed designated country I end products or Caribbean Basin country end products. Offerors must certify by inserting the applicable line item numbers in the following:

(1) The offeror certifies that the following supplies qualify as

" designated or NAFTA country end products" as that term is defined l in the clause entitled " Buy American Act--Trade Agreements--Balance of Payments Program":

(Insert line item numberc)

(2) The offeror certifies that the following suppties qualify as

" Caribbean Basin country end products" as that term is defined in the clause entitled " Buy American Act--Trade Agreements Act--Balance of Payments Program":

(Insert line item numbers)

(d) Offers will be evaluated in accordance with Part 25 of the Federal Acquisition Regulation.

K.12 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES The offeror hereby certifies by submission of this offer that all representations made regarding its employece, proposed subcontractor personnel, and consultants are accurate.

K.13 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It is not NRC policy to encourage offerors and contractors to propose current /former agency employees to perform work under NRC contracts, and as set forth in the above cited provision, the use of such employees inay, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.

(b) The offeror hereby certifies that there [ ] are [ ] are no K-9 1

i RS-38-99-283 Section K current /#9rmer NRC employees (including special Government employees l performing services as experts, advisors, consultants, or meders of 1 advisory committees) who have been or will be involved, directly or

! indirectly, in developing the offer, or in negotiating on behalf of

! the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and brief description of the

, individual's role under this proposal.

f l

l K-10 l

, ~-

RS-38-99-283 Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are herehv incorporated by reference (by Citation Number, Title, and Date. .n accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in l

Section L of this solicitation. See FAR 52.252-1 for an internet i address (if specified) for electronic access to the full text of a l provision.

l -NUMBER TITLE DATE l

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991 LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE OCT 1997 ACQUISITION 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION 52.237-1 SITE VISIT APR 1984 L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998)

(a) The offeror shall enter, in the block with its name and addresa on the cover page of its offer, the annotation " DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUDS number is a nine-digit number assigned by Dun and Bradstreet Information Services.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. Fcr information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

(1) Company name.

(2) Company address.

(3) Company telephone number.

(4 ) Line of business.

L-1 l

i

I RS-38-99-283 Section L (5) Chief executive officer / key manager.

1 L (6) Date'the company was started.

l (7) Number of people' employed by the company.

(8) Company affiliation.

l (c) Offerors locr.ted outside the United States may obtain the

. location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.dnb.com/. If an offeror is unable to' locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@ mail.dnb.com.

l L.3 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of l submitting cost or pricing data, offerors.may submit a written I request for following su.bparagraphs.

exception byThe submitting the information Contracting officer maydescribed require in the additional supporting information, but only to the extent necessary I

to determine whether an exception should be granted, and whether the price is fair and reascnable.

(i)' Identification of the law'or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on i prices at which the same item or similar items have previously been j sold in the commercial market that is adequate for evaluating the  !

reasonableness of the price 'for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or l vnpublished), e.g., wholesale, original equipment manufacturer, or )

reseller. Also explain the basis of each offered price and its  ;

relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period

-of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature L-2 l -

r RS-38-99-283 Section L of the market; (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an autP rized representative the right to examine, at any time before award, books, records,. documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or. regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

l (b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporcing attachments in accordance with Table 15-2 of FAR l 15.408.

(2) As soon as practicable after agreement on price, but before l

' contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price, Indefinite Quantity contract resulting from this solicitation.

L.5 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1998)

(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-3, Small Business Program Representation.

(b) Representations.

(1) General. The offeror represents, as part of its offer, that l it is a small business under the size standard applicable to this

! acquisition; and either--

[] (i) It has received certification by the Small Business L-3 l

l

i RS-38-99-283 Section L Administration as.a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (A) No material change.in disadvantaged ownership and control has occurred since its certification; l

(B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104 (c) (2) ;

and i

(C) It is listed, on the date of this representation, on the register of.small disadvantaged business concerns maintained by the Small Business Administration; or

[] (ii) It has' submitted a completed application to the Small i Business Administration or a Private Certifier to be certified as a j small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(2) [] For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002 (f) and that the representation in paragraph (b) (1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of tLe small disadvantaged business concern that is participating in the joint venture: .]

(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall:

(1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to admini.strative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.

L.6 52.233-2 SERVICE OF PROTEST (AUG 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

L-4 l

m l*

i RS-38-99-283 Section L

['

Robert Webber

' Hand-Carried Address:

U.S. Nuclear Regulatory Commission Division of Contracts and Property Mgt.

! Attn: T-7-I-2 l 11545 Rockville Pike

! Rockville MD 20852 l

l Mailing Address:

U.S. Nuclear Regulatory. Commission i Division of Contracts and Property Mgt.

-Attn: T-7-I-2 11545 Rockville Pike Washington DC 20555 (b) The copy of any protest shall-be received in the office designated above within one day of filing a protest with the GAO.

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es) :

http://www.arnet. gov /far L.8 2052.215-76 DISPOSITION OF PROPOSALS After award of th7 contract, one copy of each unsuccessful proposal j is retained in Management by accordance the NRC's Division with the of Contracts General and Schedule Records Property 3(5) (b) . l Unless return of the additional copies of the proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed. This request should appear in a cover letter accompanying  ;

the proposal. j L-5  !

RS-38-99-283 Section L L.9 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE It'is the policy of the Executive Branch of the Government that:

'(a) Contractors and subcontractors engaged in the performance of Federal contracts may not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory j requirements; and i l

(b) That contractors and subcontractors, or person acting on their behalf, may not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.

L.10 ESTIMATED DURATION (JUN 1988)

The duration of the contract is estimated to be one year.. (See section F for any option periods)

L.11 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT / REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay government vendors by ths Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

i l

1 L 12 TIMELY RECEIPT OF PROPOSALS  ;

i All hand-carried offers including those made by private delivery services (e.g., Federal Express and Airborne Express) must be delivered to the NRC loading dock security station located at 11545 Rockville Pike, Rockville, Maryland 20852 and received in the depository located in Room T-7-I-2. All offerors shall allow extra time for internal mail distribution. NRC is a secure facility with l perimeter access-control and NRC personnel are not available to receive hand-carried offers except during normal working hours, 7:30 L-6

RS-38-99-283 Section L AM - 3:30 PM, Monday through Friday, excluding federal holidays.

L.13 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS s

(a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

(b) It is also brought to your attention that the contracting officer is the only individua2 who can legally commit the NRC to the expenditure of public funds in connection with this procurement.

This means that unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modificat-ions; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

L.14 PROPOSAL PRESENTATION AND FORMAT-ALTERNATE 2 (Language for Negotiated Fixed Prices, Labor Hour, or Time and Materials Contracts).

(a) Information submitted in response to this solicitation must be typed, printed, or reproduced on letter-size paper and each copy must be legible. Offerors are hereby notified that all information provided including all resumes, must be accurate, truthful, and complete to the best of the offeror's knowledge and belief. The Commission will rely upon all representations made by the offeror both in the. evaluation process and for the performance of the work by the offeror selected for award. The Commission may require the offeror to substantiate the credentials, education, and employment history of its employees, subcontractor personnel, and consultants, through submission of copies of transcripts, diplomas, licenses, etc.

(b) The offeror must submit the following material which will constitute its offer, as defined by FAR 2.101, in two separate and distinct parts at the date and time specified in Block 9 of the SF 33 for receipt of sealed offers.

L-7

I RS-38-99-283 Section L i-I (1) Part 1 - Solicitation Package / Offer. Two (2) original i signed copies of this solicitation package / offer. All applicable sections must be completed by the offeror.

(2) Part 2 - Cost Proposal. One (1) original and 2 copies of the " Cost Proposal (i) The cost proposal shall be submitted separately from the Technical and Management Proposal or Oral Presentation and Supporting Documentation (as applicable).

(ii) Submittal of information other than cost or pricing data shall be made in accordance with FAR 52.215-20 Alternate IV. l (c) " Written Technical and Management Proposal" or "Orel Presentation and supporting Documentation" (as applicable). One (1) original and 2 copies.

(1) The written Technical and Management Proposal or Oral Presentation and Supporting Documentation may not contain any reference to cost Resource information, such as data concerning labor hours and ca.egories, materials, subcontracts, travel, computer time, etc., must be included so that the offeror's understanding of the scope of work may be evaluated.

(2) The offeror shall submit in the written Technical and Management Proposal or Oral Presentation and Supporting Documentation full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.

(3) The written Technical Proposal or Oral Presentation and Supporting Documentation must be tailored to assure that all information reflects a one-to-one relationship to the evaluation criteria.

(4) Statements which paraphrase the statement of work without ,

communicating the specific approach proposed by the offeror, or l statements to the effect that the offeror's understanding can or will comply with the statement of work may be construed as an indication of the offeror's lack of understanding of the statement of work and objectives.

(e) Written Technical or Oral Presentation and Supporting Documentation Requirements -- Instructions.

l The Written Technical and Management proposal must set forth as a minimum the following information:

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RS-38-99-283 Section L t .

(.1) Corporate Experience Discuss corporate experience in providing preventive and corrective hardware maintenance for full scope nuclear power plant simulator hardware. Identify number of years of experience and scope of responsibilities under referenced contracts.

Identify offeror experience procuring parts and providing vendor assistance for maintenance of full-scope nuclear power plant simulator hardware. Discuss existing organizational procedures l related to the purchase of simulator spare parts and. vendor assistance.

(2) Past Performance Describe past success and accomplishments achieved during performance of contracts referenced in item (1)above. Identify awards received and provide letters of commendation from clients.

Provide contract nuders, a point of contact and current telephone number for clients. The NRC intends to contact these individuals for l a description of your performance under contract.

(3) Personnel Experience For all proposed personnel, provide a resume or other written format I which describes relevant qualifications including, at a minimum:

a. Training and education related to the maintenance of full-scope simulator hardware and computer systems. Identify technical or trade  ;

schools, military training and commercial training programs. j

b. Work experience related to the maintenance of full-scope nur. ear power plant simulator hardware and computer systems. Describe simulators maintained and a description of the responsibilities and i tasks accomplished.

c. Work experience troubleshooting complex electronic equipment utilizing test gear such as oscilloscopes, multimeters and related equipment, j L-9

.s RS-38-99-283 Section M SECTION M - EVALUATION FACTORS FOR AWARD M.1 NOTICE LISTING SOLICITATION FROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date)' in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.217-5 EVALUATION OF OPTIONS JUL 1990 M.2 2052.215.84 CONTRACT AWARD AND EVALUATION OF PROPOSALS--TECHNICAL MORE IMPORTANT THAN COST (a) By use of numerical and narrative scoring' techniques, proposals are evaluated against the evaluation factors specified in paragraph (EVAL-PARA) below. These factors are listed in their relative order of importance. Award is made to the offeror:

(1) Whose proposal is technically acceptable; (2) Whose technical / cost relationship in most advantageous to the Government; and (3) Who is considered to be responsbile within the meaning of Federal Acquisition Regulation Part 9.1.

i (b) Although cost is a factor in the evaluation of proposals, technical merit in the evaluation criteria set forth below is a more significant factor in the selection of a contractor. Further, to be selected for an award, the proposed cost must be realistic and reasonable.

(c) The Government may:  !

i (1) Reject any or all offers if the action is in the public interest; i

, (2) Accept other than the lowest offer; and l

l (3) Waive informalities and minor irregularities in offers received. )

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.(d) The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoints.

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RS-38-99-283 Section M (e) A separate cost analysis is performed on each cost proposal. To provide a common base for evaluation of cost proposals, the level of effort data must be l

expressed in staff hours. Where a Contractor Spending Plan (CSP) is required by other provisions of this solicitation, consideration is given to the Plan for i completeness, reasonableness, and as a measure of effective management of the effort.

1 (f) In making the above determin:Lia., an analysis is performed by the 1 Government that takes into consideration the results of the technical evaluation and cost analysis.

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(g) Proposals will be evaluated against the evaluation factors identified below.

EVALUATION CRITERIA

1. CORPORATE EXPERIENCE (40 POINTS)

a. Experience providing preventive and corrective hardware  !

maintenance for full-scope nuclear power plant simulator  !

hardware. (30 points)

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b. Experience procuring parts and vendor assistance for j maintenance of full-scope nuclear power plant simulator j hardware. (10 points) i 1

2. PAST PERFORMANCE (30 POINTS)

a. Past performance (quality of services) providing preventive and corrective hardware maintenance for full scope nuclear power plant simulator hardware.

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3. PERSONNEL EXPERIENCE (30 POINTS)  !

a. Training, education and work experience related to the maintenance of full-scope nuclear power plant simulator hardware.

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