ML20205Q799

Contract: Mod to Otis Elevonic 401 Sys at One White Flint North to Provide Executive Priority Svc, Awarded to Otis Elevator Co

ML20205Q799
Person / Time
Issue date:	03/31/1987
From:	Fried G, Hagen T NRC OFFICE OF ADMINISTRATION (ADM), OTIS ELEVATOR CO.
To:
Shared Package
ML20205Q735	List: ML20205Q730 ML20205Q799
References
CON-NRC-10-87-210 NUDOCS 8704060052
Download: ML20205Q799 (36)

Text

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'I WARD / CONTRACT ' T"'SCONTRACT S A RATEDORDER k '"' " '

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__ NRC-10-87-210 PR 011987 ADM-87-210

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coo, l U. S. Nuclear Regulatory Commission Division of Contracts Washington, DC 20555 7.esaaet Apuo AooA4.M o' Co+e1 A ACTom IN. .rs.es. eery.e.e,ory 8s.se om. 2JP C eJ ..oEL8vfAY Otis Elevator Company 500 Montgomery Street O Foa oa'C'~ 0 o'Nea <= ,

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1o. SUBusT INVOeCES u ,.,.. ..u. .e  !'TE" h

CODE as.s . toswaan son F AcateTV CODE

.=, a.ecerw.s TO TNE ADDRESS SHOWN IN: l2 31.,Avutus w.6L oc wAct av U.S. Nuclear Regulatory'L;55;ui. U.S. Nuclear Regulatory Cd$sion Attn: James Lundy,'MS 8707 Washington, DC 20555 ORM, Div. of Accounting & Finance, GOV /COM Washington, DC 20555 n.a,ug,,-caav roa vs.uc oi t. T-a ,uu. A~o o.c~ co..cT..

... Accou~1.~c A~o a~ao.a. T.o~ oA1a 0,o usC.23o. i. , B&R No. 43-20-25-106 o . U1C. 2s><<a >

Amount: $22,m t m 15A. ITE M NO 158. SUPPLIES / SERVICES AoorO. No. r xo200.407 15C. QUANTITV 150. UNIT 15E. UNIT PRICE I 15F. AMOUNT The Contractor. shall modify the existing O tis Elevonic 401 Sys tem instal' ed at NRC's new Headquarters site at One White Flint Nc rth, Rockville , Ma ryland, to include Otis' Executive Priority Service which will program certain elevator

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to respond directly to priority calls from NRC Commissioners,ir accordance w 'th the Schedule.

o IRM F: XE0 PRICE 15G. TOTAL AMOUNT OF CONTRACT > $ 22,d i2.UD

16. TABLE OF CONTENTS

_V_l lSEC. l DESCRtPTION l8 AGE tSI VI l SEC. l OESCRIPTjON pant e-T t scutovot lPAGE tSt

_A A eAnv as -cowT:=act ci musts SOLice1ATION/ CONTRACT FORM l A B Xl 1 l CONTR ACT CLAUSES l1O SUPPLIES OR SERVICES AND PRfCES/ COSTS 2 X _C eaaT een - usT o, oocu-cNTs.c=.*sivs ano ovaca ATTaca.

DE SCn.PTION/SPE CS Av0R et ST ATE ME NT 7 X 0 A lJ l LIST OF ATTACHMENTS l2U PACKAGING AND MAR AING Q 7 E PART IV - MESR[sENTATIONs aNo MesTauCTaoevs l INSPECTsON AND ACCEPTANCE 1

__ y F K' R E P R ESE NT AT80NS. CE RTIF ICATION$ AND DELEVERIES OR PE RFORMANCE 7 G OTHER $TATEMENTS OF 0FFERORS

__ v CONTRACT ADMIN #STRATION DATA 4 L b ** '

SPECtAL CONTRACT ArOUsREutNTS INSTR $ .CONOS.. ANO NOTICES TO O5 F E RORS

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EVALUAT:ON FACTORS FOR AwARO CONTMACTING 0fflCER Wili COMPL ETE ITEM 17 OR 18 AS APPLICA88 E 37.

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t The following changes and additions are hereby incorporated into the Schedule:

1.

Section 8.2, Consideration and Obligation, is completed as follows:

The firm fixed price of this contract is $22,312.05.

2.

Section C.1, Statement of Work, is deleted in its entirety and the following is substituted in lieu thereof:

"C.1 Statement of Work '

The Contractor shall provide all necessary qualified personnel, materials contract.

and equipment to fulfill the requirements of this p

_ Task 1 A.

The Contractor shall modify the existing Otis Elevonic 401 System installed at NRC's new Headquarters site at One White Flint North (WFN), Rockville, Maryland, to include Otis' Executive Priority Service (see below) which will allow NRC Commissioners to call an elevator (Floors 1,non-stop 2, 17, 18to one of five predesignated priority landings by car button operation.and Garage Level A) to a landing selected EXECUTIVE PRIORITY SERVICE 2 below)) is called to the priority landing by a special keyswitch.

The Emergency Hall Lantern, a tell-tale light adjacent to the keyswitch, will light when the call is registered and after the selected car leaves the landing. u go o t priority landing, the car opens its doors, without hall lanternUpon arrival at the operation, and waits for a field-adjustable interval.

adjustable interval shall be the same as for the elevators This field-not included in the Executive priority Service.

car will travel non-stop to the car call destination.a car call i of the following conditions:The car will automatically er return to group op 1.

The last car call has been answered.

2.

The time interval has expired at the priority landing without a car call having been registered.

the cars that might answer priority calls are on indep ..e.,

_ 2.aMk. dwill, blink service or serving somethen on momentarily?and other go priority oist'.' ^ call), the~ tell-tale light

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s NRC-10-87-210 Page 3 of 5 B.

The Executive Priority System shall be initiated from Contractor-supplied 17,18 andkeyswitches Garage level located A. in hall fixtures on floors 1, 2, When the spring-loaded keyswitch is will be dispatched to.that priority landing. activated by a To activate the

• keyswitches the Contractor shall provide NRC with 20 matched '

non-duplicable keys.

C.

The WFN facility has six (6) Elevonic 401 elevators arranged in two banks of three (see Attachment 4). The Contractor shall, initially, program elevators 1 and 3, exclusively, to respond to priority calls.

D.

g The Contractor shall connect all parts of the Executive Priority Service with new wiring run in metallic conduit.

shall conform to the State of Maryland Building and ElevatorAll new wiring Codes.

E.

The Contractor shall supply and install five (5) two-module stainless steel fixtures, containing the keyswitch and Emergency Hall Lantern, which will match the present Elevonic 401 System advanced fixtures already in place.

These fixtures shall be placed on remote wiring.a wall adjacent to the hoistway and shall not require  !

In installing the fixtures, the Contractor shall 17,18 cut andthe dry wall Garage LeveltoA.

accommodate the fixtures on floors 2, On floor 1, where the fixture will be installed in marble, the NRC will be responsible for cutting the marble to accommodate the fixture, In order to accomplish this, the Contractor shall provide, in writing, the reconmended location and the dimensions of the required opening within one j week of a request by the NRC Project Officer.-  ;

F.  !

The Contractor will have the uninterruped use of at least one of thisthe priority service elevators at a time while performing work.

I Task 2 4 At such time as WFN is fully occupied, the Contractor shall, upon written notification by the HRC Project Officer, change the elevators ,

that respond to the Executive Priority Service from elevators 1 and i 3 to elevators 1 and 2, exclusively." 1 1

3.

Section F.1, Place of Delivery, is completed as follows:

NRC-10-87-210 4.

Section the following F.2, Duration of Contract is substituted in lieu Period, thereof: is deleted in its entirety and

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c NRC-10-87-210 Page 4 of 5 "F.2 Duration of Contract Period e-This contract shall commence on the effective date reflected in Block 3 of the SF-26 and will expire eighteen (18) months thereafter."

5. Section F.3, Delivery Schedule, is deleted in its entirety and the following is substituted in lieu thereof:

"F.3 Delivery Schedule (a) Task 1 shall be completed within sixteen (16) weeks of contract award. .

(1) Within' one (1) week of contract award, the Contractor shall provide the NRC Project Officer, in writing, the e recommended location and the. dimensions of the opening I required for the installation of the two-module fixture on Floor No.1. -

(2) Within four (4) weeks of receipt of this information, the NRC will notify the Contractor that the required opening has been cut.

(b) Task 2 shall be completed within eight (8) weeks of written notification by the NRC Project Officer."

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6. Section G.1, Project Officer Authority, is completed as follows:

James Lundy Mail Stop 8707 U. S. Nuclear Regulatory Commission Washington, DC 20555 Telephone: (301)492-4090

7. Section G.5, Submittal of Invoices, is completed as follows:

Completion of Task 1 - $20,849.00 Completion of Task 2 - $1.463.05

8. Section H.4, Determination of Minimum Wages and Fringe Benefits, is completed as follows: .

Wage Determination No. 78-1183 (R-09) dated October 1, 1986

9.Section I, Contract Clauses, 52.252-2, Clauses Incor) orated by Reference (Apr 1984,Section I, delete clause number 52.229-3 FEDERAL, STATE AND LOCAL TML (APR 1984) and insert:

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE i= CONTRACT) APR (1984) l  ;,

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NRC-10-87-210 .

Page 5 of 5'

10. Attachment 5, Register of Wage Determinations under the Service Contract Act, is hereby incorporated into this contract.

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11. TABLL OF CONTENTS anlstC l ot sCnieT roN lPAGE isi mlsrC l DEsCRiPricN IPAGUS$

PA** T * - T HE SCHE Out t PA R T 4. - CONT R ACT CLAUSES A

_X ' sot #CaTATION/ CONTRACT FORM l Xl t l CONTRACT CLAUSES l 10 X e sePPuf s OR sE RviC[s ANO PRICES / costs 2 PAa7 en - t sT O OOCuMcNis.cxwients aND OiHe a AiTaCu X C otsCmPTiONisPr Cs / won K STAT E ME NT . 2 X j ; I tisT Of ATTACHMENTS i 20 X D PACKAGING AND MARKING 3 PA N T iv - REPHESE N T A f f 0N5 ANO tNST HuC TIONS X [

iNsrrCTiON AND ACCEPT ANCt 3 X r '. n[Pst sf NT ATiONs.CE RTiflCAT:ONs AND ot uvt Ares OR PERrOneANCE 3 X OTHE R STATEMENTS Of OUE RORs X G 2]

CONTRACT ADMINISTRATION DA1 A 4 X t iNstns CONDs , AND NOTICES TO OF F L MORS Xi H 26 SPECI AL CONT R ACT REOusHEMENTs 6 M EVALUATICN F ACTORS FOR AWARD O F F E R IMust be fully cornpleted by offeror)

NOT E tiem 12 does not apply ef the solicitat.on includes the prow s.ons at 52 214 16 M.nemum Bed Acceptance Persod.

4 12 in'comphance with ther above. the t,nders.gned atleces. .f thes of fer .s accepted wethen Pernad as esserted by the offeror) f tom the date 1 calendar days o6o cofresser days a.nless a dsffewns 0s recesDt Of oliers sDeC I.tT1 above, to furn.sh anY or all stems upon wh.ch precPs afe of f*HM at '.he D'sce 4 ODoosete eacia efem dehwered at the des.cruted on.nsis) w.then The time si.ec,f wd set 1 8 l'** sefwvJ e

13. oisCOUNT FOR PROMPT PAYMf NT lo L Ad NOAH DA% Jo C AU NOAH O JO C At t NDAH OA% CAdNDAHO m tser surum i. cin.se s . n m o.: 0 O g 0 0 ns  %

14 ACKNOWLEDGMENT Of AMENOVf NTs AME NOMI N T NO } DAT[ AM[ NDMENT NO 4The offerur acknowledges veerept of amend DATt ments to the SOI.!CITA TION for offerers and related doc ments numbered and dated I S A. N AMt- CODE

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'*AML AND IIILt Of Pt H50N Au1HOHill O 10 $mN T E H ti y pe or $2 rent)

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,oo ,,ss otis Elevator Company G B FRIED O. 500 Montgomery Street O, rc HOa Alexandria, VA 22314 D OF OPERATIONS n .itu,P..O cou m NO.une,se.~. is iscni.

c ai rcr.m or nrMitTANC, ADOm k o s'6NA >"' ""

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703-683-8440 HoM Anovi u. n

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",.f AWAnD (Tc be completed by tQinment] l l 3 9 Acct Pi t O As TO ef t Ms Nuv.in su O 20 AMouN t 22 A L C oiJN T a NG AN D A""O""' A l "^

22. 1AulTON:

touHel V 0 OH uStN8 01 H1 H T Hare f til t AN f ) opt N Ct )'JPt 11 i e i t td 10UsC 2304kH 1 23 susUsi iNvOrCI s 10 ADDRI sC sHOWN iN 0 41 U s C 2Mk14 1

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24. AOMeNe$1L REO BY Mf onier shon Jeem ;# COOr l 25. PAYMEN t W'R Of MAOf OY COOC l

26. NAML OF CON T R Ac T inc or r tct u tryp, o,pe,a's 2'/. UNITED STATES OF AMERICA 28. AwAHO DAlf eswnaturv of contreet.no Otiseers IMPORTANT - Award will be made on th.s Form, or on Standerd Form 26. or by other authoHied of f scial wntten notice.

NSN 1540 01 152-8064 ParveOUS eof TION NOT USAHLC 31JJJ ST ANDARD FORM 33.He v. a m

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'. RS-ADM-li7-210 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The contractor shall modify the existing Otis Elevonic 401 System installed at NRC's new Headquarters site at One White Flint North (WFN),

Rockville, Maryland, to include Otis' Executive Priority Service which will program certain elevators to respond directly to priority calls from NRC Commissioners.

B.2 Consideration and Obligation The firm fixed price of this contract is $ * . Payment will be. made upon completion / delivery and acceptance of all required products / services.

• To be incorporated into any resultant contract.

B.3 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below.

Name: Otis Elevator Company Address: P.O. Box 8500 S-6805 s'

Philadelphia, PA 19178 Section C - Description / Specifications / Work Statement C.1 Statement of Work The contractor shall provide all necessary qualified personnel, materi.als and equipment to fulfill the requirements of this contract.

Task 1 A. The contractor shall modify the existing Otis Elevonic 401 System installed at NRC's new Headquarters site at One White Flint North (WFN), Rockville, Ma ryland, to include Otis' Executive Priority Service which will allow NRC Commissioners to call an elevator non-stop to one of a number of predesigned priority landings then travel non-stop from the priority landing to a landing selected by car button operation.

l-g pg RS-ADM-87-210 Page 3 ,

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( B.

! The WFN facility has six Elevonic 401 elevators arranged in two banks of three ~(see Attachment 4). The Contractor shat 1 program elevators 1 and 3 to respond to priority calls.

C.

The elevators shall be called by means of a contractor-supplied keyswitch fixture on floors 1, 2,17 and 18 and in Garage Level A.

The keys.

contractor shall provide NRC with 20 matched non-duplicable D.

The hall waiting period for called elevators shall be the standard hall waiting period (approximately four seconds).

Task 2 At such time as WFN is fully occupied, the Contractor shall, upon .

written notification by the,NRC Project Officer, change the elevators

.that respond to the Executive. Priority Service from elevators 1 and 3 to elevators 1 and 2. '

Sectinn D - Packaging and Marking - N/A 4

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

i Section F - Deliveries and Performance F.1 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Connission Contract Number:

• One White Flint North

- Rockville, flaryland

• To be incorporated into any resultant contract.

F.2 Duration of Contract Period This of thecontract SF-26 and shall commence will expire twelveon the (12) effective months date reflected in block 3 thereafter.

i F.3 Delivery Schedule Task 1 shall be completed within sixteen (16) weeks of contract award.

Task by the2NRC shallProject be completed Officer. within eight (8) weeks of written notification

v RS-ADM-87-210 Page 4 Section G - Contract Administration Data G.1 Project Officer Authority

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 is responsible for:

1) Monitoring Contractor performance and recomending to the Contracting Officer changes in requirements.

2) Inspecting and accepting products / services provided under the contract.

4

3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension.

c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.

f

• To be incorporated into any resultant contract.

G.2 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:

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

U.S. Nuclear Regulatory Commission

. Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555 or (2) The date the final deliverable product / service is accepted by the Government.

(b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service perfomed in accordance with the terms of the contract.

s RS-ADM-87-210 Page 5 (c) If the final product / service is rejected for failure to conform to the technical requirements of the contract, .the provisions in paragraph (b) of this caluse will apply to the new delivery of the final product / service.

(d) The date of payment by wire transfer througn the Treasury Financial.

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

G.3 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management-ATTN: GOV /COM Accounts Section Washington, D.C. 20555.

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

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

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

services.

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

1 (4) Shipping and payment terms.

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

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

G.4 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85,.31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.

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

s RS-ADM-87-210 j Page 6 '

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

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

G.5 Submittal of Invoices The Contractor may submit invoices based on the following delivery /

payment schedule:

Completion of Task 1 $

Completion of Task 2 $

Section H - Special Contract Requirements H.1 Private Use of Contract Information and Data e

Except as otherwise specifically authorized by Section H., publication of contract work of this contract, or as otherwise approved by the -

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

r H.2 Contractor Organizational Conflicts of Interest (0MB Clearance Number 3150-0112)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this clause.

(c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The. Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If. the Contractor believes with respect to itself or any such with any that employee any proposed consultant or other contractual arrangement firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval 'of the Contracting Officer prior to execution of such contractual arrangement.

l ._ _ _ _ _. -

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., RS-ADM-87-210 Page 7 (d) Disclosure after award.

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

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

(e) Access to and use of information.

(1) If the Contractor in the performance of this contract obtains.

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

(i) Use such information for any private purpose until the information has been released to the public; I

(ii) compete.for work for the Commission based on such information for a period of six (6) months after either the.

completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) release the information without prior. written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

(2)' In addition, the Contractor agrees that to the extent it ,

receives or is given access to proprietary data, data protected by {

the Privacy Act of 1974 (Pub. L.93-579), or other confidential or '

' privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance.

with restrictions placed on use of the information.

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• i' RS-ADM-87-210 Page 8 (3) The Contractor shall have, subject to patent and security 1 provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all ,

requirements of this contract have been met.

(f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, .in subcontracts of any tier. The terms " con tract , " " Contractor," and

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

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

(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (ED0) in accordance with d the procedures outlined in 620-1.5411.

H.3 Method of Payment (a) Payment under this contract will be made by wire transfer through

^ the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

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

facilitate wire transfer of contract i

In the event that the Contractor's financial institution i 4 has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9. In - the event the i Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.

1. Name and address of organization l

.i

2. Contact person and telephone number

3. Name and address of financial institution 4.

Contractor's Financial institutions's 9-digit ABA identifying number for routing transfer of funds

5. Telegraphic abbreviation of Contractor's financial institution .

i

s-l RS-ADM-87-210 Page 9

6. I Account number at Contractor's financial institution if it '

receives electronic funds transfer messages through the Federal Reserve Communications System

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

8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds

9. Telegraphic abbreviation of correspondent financial institution

10. Signature and title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

4 H.4 Determination of Minimum Wages and Fringe Benefits A Department of Labor wage determination is not currently available for the service required by this proposal. However, no service employee 4

employed in the performance of this contract shall be paid less than the minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act.

Each service employee employed in the performance of this contract by the Contractor or any sub-contractor shall be paid the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits under Wage Determination Number

• dated

• attached hereto as Attachment No. 5.

To be incorporated into any resultant contract r v + + - c --

RS-ADM-87-210 Page 10 PART II - CONTRACT CLAUSES Section I - Contract Clauses FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act of 1965, as amended: This contract is subject 'to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable. provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).

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

.(2)(1) If there is such a wage determination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the d work to be perfomed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skili comparison) between such unlisted classifications and the classifications listM in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the l fringe benefits as are determined pursuant to the procedures ^ in this section.

P (The information collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under 0MB control number 1215-0150.)

(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no j work. than 30 days after such unlisted class of employees performs any contract later submit a report of the action, together with the agency's reconnendation pertinent information including the position of the contractor and the employees, U.S. to theofWage Department and Labor, forHour Division, Employment Standards Administration, review.

The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be -

furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

s

%. RS-ADM-87-210 Page 11 (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage i determination to wage determination - depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example,- be '

relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic j

to the establishment of. any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill j required and the duties performed. -

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

adjusting) the previous confonned rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between '

the wages and fringe benefits specified for all classifications to be used on d the contract which are listed in the current wage. determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where confonning actions are accomplished in accordance 3

with this paragraph prior to the. performance of contract work- by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (b)(2)(ii) .of this section i

need not be followed.  ;

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

(v) The wage rate and fringe benefits finally determined pursuant to paragraphs j

(b)(2)(i) and (ii) of this section shall be paid to all employees performing-in the classification from the first day on which contract work is performed by i

them in the classification. Failure to pay such unlisted employees the I

compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with paragraph (b)(2)(i) through (v)  :

of this section, the Wage and Hour Division shall make a final determination of

~

conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work. l l

(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of i

1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder i

to service employees .shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by-the Wage and Hour Division, Employment Standards Administration of the

! Department of Labor as provided in such Act.

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

o[ RS-ADM-87-210 Page 12 (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the i applicable rules set forth in Subpart D of 29 CFR Part 4, and not otherwise.

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

(2) If this contract succeeds a contract, subject to the_ Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits ,

i provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor- under this contract shall pay any service employee performing any of the contract work d (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have -been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits-provided for under such agreement.

No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 54.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after hearing as provided in 64.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in {4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed arm's-length under the predecessor contract was not entered into as a result of negotiations.

Where it is found in accordance. with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail' for seryices of a character similar in the locality, and/or -that the '

collective bargaining agreement applicable to service employees employed under the predecessor negotiations, contract was the Department willnot entered into as a result of arm's-length setting forth the applicable wage rates _ and fringe benefits. issue a new or revised wage" Such determir.ation shall be made part of the contract or subcontract, in accordance with ~ the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance Comp. Gen.occurs prior to or after the award . of a contract or subcontract 53 401 (1973).

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

( '

l RS-ADH-87-210 Page 13 (e). The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the ' minimum monetary wage and any fringe benefits required to be paid pursuant' to this contract, or shall post the wage.detemination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and j accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215-0150). .

(f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and 4

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

(g)(1) The contractor and each subcontractor perfuming work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(1) through (vi) of this section for each employee subject to the Act and shall make them available d for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Ac' ministration of the U.S. Department of Labor.

(Sections 4.6(g)(1)(i) through (iv) approved by the Office of Management and Budget under 0MB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under Of;B control number 1215-0159).

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

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

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

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

(v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but

- for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list.

(vi) Any list of . the predecessor contractor's employees which have been furnished to the contractor pursuant to 54.61(1)(2).

f

. I RS-ADM-87-210 Page 14

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

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

(4) The contractor shall permit authorized representatives of the Wage and Hour.

Division to conduct interviews with employees at the worksite during normal

' working hours.

(h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback or any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A i

pay period under this Act may not be of any duration longer than semi-monthly, d i (1) The contracting officer shall withhold or cause to'-be withheld from the Government prime contractor under this or any other Government contract with the i

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

of the work, charging the contractor in default with any additional (j) The contractor agrees to insert these clau'ses. in this section relating to -

the Service Con, tract Act of 1965 in all subcontracts subject to the Act. The i

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

(k)(1) As used in these clauses, the term " service employee" means any person engaged in the perfonnance of this contract other than any person employed in a bona fide executive, administrative, or professicr.a1 capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

i 1

w ,

," i '

RS-ADM-87-210 page 15 (2) The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for informational purposes only:

The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, benefits:

be paid not less than the following rates of wages and fringe Monetary Employee Class Wage-Rringe Benefits (1)(1) If wages to be paid or fringe benefits to be furnished any service cyloyees employed by the Government prime contractor or any subcontractor under tM tontract are provided for in a collective bargaining agreement which is or vMi bc effective during any period in which the contract is being performed, 4 the Wernment prime contractor shall report such fact to the contracting of f k-e r , together with full information as to the application and accrual of such wage and fringe benefits, including any prospective increases, to service employaes engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such

- time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof. (Approved by the Office of Management and Budget under 0MB control number 1215-0150.)

(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (4.173 of Regulations, 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees the on contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also~ contain anniversary dates of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the consnencement of the succeeding contract. (Approved by the Office of Management and Budget under 0MB control number 1215-0150.)

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

a i

[*

S RS-ADM-87-210 Page 16 (n)(1) By entering into this contract,_ the contractor (and officials thereof)

certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to

. section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm i

ineligible for award of a Government contract pursuant to section 5 of the Act.

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

(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this - -

section relating to the Service Contract Act of 1965, the following emplo may be employed in accordance with the following variations, tolerances,yees and exemptions, which the. Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government-business:

(1) Apprentices, student-learners, and workers whose earning capacity is a impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1)~ or 2(b)(1) of the Service Contract Act without diminishing an fringe benefits or 1

cash payments in lieu thereof required under section 2(a)y(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of-  ;

apprentices, student-learners, handicapped persons, and handicapped clients .of i

sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and i

525).

(2)

The Administrator will issue certificates under the Service Contract Act i

for the employment of apprentices, student-learors, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing  ;

requirements concerning fringe benefits or supplementary cash payments in .l_ieu j thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and i 525).

~(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.

(p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in-a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized i'

agency exists in a State, under a program registered with the Bureau of

> Apprenticeship and Training, Employment and Training Administration, U.S.

Department of Labor. Any employee who is not registered as an apprentice in an 2

5 u . . - - . _ -

- -- _ u- n _ . , _ _ _,-- - .i

[ RS-ADM-87-210 Page 17.

1 approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.

(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the arount of such credit may not exceed $1.24 per hour beginning January 1,1980, a.id $1.34 per hour after December. 31, 1980. To utilize this proviso:

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized.

4 (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received):

(3) The employer must be able to show by records that the employee receives at least the applicable Sevice Contract Act minimum wage through the_ combination of P. direct wages and tip credit; (approved by the Office of Management and Budget ~

under 0MB control number 1215-0017);

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

(r) Disputes concerning labor standards. Disputes arising out of the labor i standards provisions of this contract shall not be subject to. the general  ;

dirputes clause of this contract. Such disputes shall be' resolved in accordance with the procedures of the Department of Labor set forth in~29 CFR Parts 4, 6, and 8. Disputes within- the meaning of the clause include disputes between the i

contractor (or any of its subcontractors) and the contracting agency, the U.S.  !

Department of Labor, the employees or their representatives.

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

(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR)-

the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop perfonnance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs l allocable to the work covered by the order during the period of work stoppage.

1 j

~

s* i RS-ADM-87-210 Page 18 Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or (2) Tenninate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before

or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, accordingly, if-- or both, and the contract shall be modified, in writing, (1) The stop-work order results in an increase in the time required for, or partinofthe thisContractor's contract; and cost properly al* ile to,- the performance of any (2) The Contractor requests an adsastment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stopwork order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer d shall allow =asonable the terminai..,... costs resulting from the stop-work order in arriving at settlement.

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

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

(EndofClause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR 1984) i This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the-Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSFS Section E 52.246-4 INSPECTION OF SERVICES--FIXED " RICE. (APR 1984) 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

Section F 52.212-13 STOP-WORK ORDER. (APP,1984)

, 52.247-34 F.0.B. DESTINATION. (APR 1904) i

• s RS-ADM-87-210 Page 19 Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS 110T TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR1984) 52.203-5 C0VENANT AGAINST CONTINGENT FEES. (APR1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.210-7 USE6 OP. RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND F0RNER GOVERNMENT SURPLUS PROPERTY. (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984) 52.215-2 AUDIT--NEGOTIATION. (APR 1984) 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (APR 1984) 52.219-8 UTILIZATION OF SMALL- BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1924) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTIME 4 COMPENSATION. (MAR 1986) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 52.228-5 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.229-3 INSURANCE--WORK ON A GOVERNMENT INSTALLATION. -(APR1984)

• FEDERAL, STATE, AND LOCAL TAXES (APR 1984) 52.232-1 PAYMENTS. (APR1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (JUL 1985) 52.232-11 EXTRAS. (APR 1984) 52.232-17 INTEREST. (APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) 52.233-1 DISPUTES. (APR1984) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984)--Alternate I. (APR1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 1984) 52.249 .8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).(APR1984)

I. . l

• RS-ADM-87-210 l Page 20 I PART III - LIST OF DOCUMENTS, EXHIBITS, AtD OTHER ATTACHMENTS i

)

Section J - List of Attachments '

Attachment Number Title 1

NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Standard Form 1411 with Instructions 3 Billing Instructions 4

Floor Plan of First-Floor at White Flint North 5 Wage Determination e

T t .

. 1 . ..

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

i 20-1.5401 Scope and policy.

20-1.5402 Definitions.

20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.

20-1.5404 Representation. ~

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

20-1.5406 Evaluation, findings, and contract award.

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.

20-1.5411 Waiver.

20-1.5412 Remedies.

AUTHORITY: Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (NRC)(a) It is the to avoid, policy of eliminate or the U.S. Nuclear neutralize Regulatory contractor Comission organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit infonnation describing relationships, if any, with organizations or persons (including thora regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

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

, a case-by-case basis is necessary if the policy is to be applied so as l to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to' . i identify and resolve all of the contractor conflict of interest situations  ;

which might arise; however, examples are provided in.these regulations  :

to guide application of the policy. NRC contracting and program official.,  :

must be alert to other situations whbch may warrant application of this l policy guidance. The ultimate test ik: Might the contractor, if awarded l l the coniract, be placed in a position where its judgment may be biased.

l or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other l relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition ,

of consulting services through the personnel appointment orocess, NRC l l

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7590-01 agreements with-other government agencies, international organizations, 3 i

l or state, local or foreign governments; separate procedures for avoiding  !

conflicts of iriterest will be employed in such agreements, as appropriate.

520-1.5402 Definitions  !

(a) " Organizational conflicts of inter st" means that a relationship exists whereby a contractor or prospective contractor has present or Planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically i

sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantaga .

(b) "Research" means any scientific or technical werk involving '

theoretical analysis, exploration, or experimentation.

(c)

• Evaluation activities" means any effort involving the appraisal

of a ter.hnology, process, product, or policy.

(d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or ,

administration of its programs, projects, or policies which normally  !

require the contractor to be given access to information which has not i been made available to the public or proprietary infonnation. Such services typically include assistance in the preparation of program plans; arid preparation of preliminary designs, specifications, or i

statements of work. _

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

(f) " Contractor" means any person, firm, unincorporated association, joint venture, co-spontor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), prcposed consultants or subcontractors, which is a party to a contract with the NRC.

(g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)). l (h) " Subcontractor" means any subcontractor of any tier which performsworkunderacontractwiththeNRCexceptsubcontractsforl supplies and subcontracts in amounts of $10,000 or less.

(1) " Prospective contractor" or " offeror means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal). proposed consultants, or subcontractors, j

submitting a bid or proposal, solicited or. unsolicited, to the NRC to obtain a contract.

4 7590-01 (j) " Potential conflict of interest" means that a factual situation-exists that suggests (ir.dicates) that an actual conflict of interest may arise frca award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation

, prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be . reported to the contracting officer for investigation if they arise during contract perfomance.

l20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the perfomance of the contract?

The ultimate deterisination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perforined. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest NRC personnel will pay particular attention to proposed contractual requirements which call fur the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.

i (b) Sii.uations or relationships which may give rise to organizational conflicts cf interest. (1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational l l

conflicts of interest under tne following circumstances:

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

) (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.

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(iii) Where the offeror cr contractor evaluates its own products or

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i services, or the products or services of another entity where the offeror I

or contractor has been substantially involved in their development or l marketingi

)

(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its i judgment may be biased in rela +. ion to its work for the NRC or may otherwise  !

result in an unfair competitive advantage for the offeror or contractor. l I ,

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7590-01 f

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

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

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

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

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

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

(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.

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

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

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

(2) Example. The A3C Corp., in response to a RFP, proposes to perisrm certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is perfonning various projects for several different utility clients. None of the ABC Corp.

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

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Y 7590-01 Guidance. An NRC contract normally could be awarded to the ABC.

Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the. performance of the NRC contract with the private sector which could create a conflict. For example ABC Corp. would be precluded from the perfonnance of similar work for the company developing the advanced reactor mentioned in the example.

(3) Example. As a result of operating problems in a certain type of connercial nuclear facility, it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to assure adequate safety pr'otection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs ' required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that I might result from the data produced because those decihions affect the l reactor's design and thus the company's costs. l Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attantion to the establishment of protective mechanisms to guard against bias.

(4) Example. The ABC Co. submits a proposa'l for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.

l has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

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

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7590-01

' (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accardance with the representation in the RFP and 520-1.5403(b)(1)(1), ABC Corp. informs the RRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated

by the NRC study.

i Guidance. The contracting officer would normally conclude that

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award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of a20-

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

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

) (2) It is not relevant that the contractor has the professional i

reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not invo1~ ved, 4 or that a contract is awarded on a compet1tive or a sole source basis.

520-1.5404 Representation

! (a) The following procedures are designed to assist'the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a

! particular offeror or contractor.

l (b) Representation procedure. The following organizational conflicts of interest representation provision shall be included in all

! solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational

conflicts of interest provisions are noted in the solicitation and would 3

be included in toe resulting contract. This representation requirement i

shall also apply to all ;;.odifications for additional effort under the contract except those issued under the " changes" clause. Where, however, i

a statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with i

regard to the contract being modified, only an updating of such statement j shall be required.

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c 75b-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an

existing contract does ( ) or does not ( ) involve situations or relationships of the type set' forth in 41 CFR's 20-1.5403(b)(1).

(c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationship of the type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror 4 shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting f officer. If the contracting officer determines that organizational 4 (i) Impose appropriate conflicts exist, the following actions conditions which avoid such conflicts. (ii may)be taken: disqualify the offeror, or i (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of i 120-1.5411. ,

(2) The refusal to provide the representation required by 5 20- l 1.5404(b) or upon request of the contracting officer the facts required l by '520-1.5404(c), shall result in disqualification of the offeror for  !

award. The nondisclosure or misrepresentation of any relevant interest l may also result in the disqualification of the offeror for award; or if l such nondisclosure or misrepresentation is discovered after award, the i resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational

! conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically

! prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be i rejected as unacceptable.

! (6) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor infonnality, and the offeror will be permitted 4

to correct the omission.

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

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I 7590 )

i All contracts of the types set forth ini20-1.5404(b) shall-include the following clauses:

1 (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2)  ;

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

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR

5 20-1.5402(f) in' the actitities covered by this clause.

i (c) Work for others. Notwithstanding any other provision of this l contract.'during the term of this contract, the contractor agrees to i forego entering into consulting or other contractual arrangements with

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

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or ,

organization may involve a potential conflict of interest, the contractor

shall obtain the written approval of the contracting officer prior to l execution of such contractual arrangement.

(d) Disclosure after award. (1) The contractor warrants that to l l

the best of its knowledge and belief and except as otherwise set forth j

in this contract, it dees not have any organizational conflicts of  ;

interest, as defined in 41 CFR 520-1.5402(a).

! (2) The contractor agrees that if after award it discovers organizational ,

! conflicts of interest with respect to this contract, it shall make an I inmediate and full disclosure in writing to the contracting officer.

! This statement shall include a description of the action which the i contractor has taken or proposes to take to avoid or mitigat,a such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.

l (e) Acc~ess to and use of information. (1) If the contractor in the performance of this. contract obtains access to information, such as

! NRC plans, policies, reports, studies, financial plans, internal data i protected by, the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the co'n tractor agrees not 9: (1) Use such released information for any(private to the publicf purpose ii) compete for workuntil the Consission for the information based has been i .

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l e 7590-01 1

on such informati~on for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first. (iii) submit an unsolicited proposal to the 9overnment based on such information until one year after the release of ,

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

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

(2) In addition, the contractor agrees that to the extent it i

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

, Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged )

technical, business, or financial information under this contract, the 1 contractor shall treat such information in accordance with restrictions

placed on use of the information. 1 (3) The contractor shall have,. subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

j (f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the ,

i contractor shall include this clause, including this paragraph, in l

! subcontracts of any tier. The terms " contract," " contractor," and i t

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

! (g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may l terminate the contract for default, disqualify the contractor from j subsequent contractual efforts, and pursue other remedies as may be i pemitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall- be

, directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined i in i20-1.5411.  !

l 120-1.5405-2 Special contract provisions. i (a) If it is determined from the nature of the proposed contract that organizational conflicts of in.terest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 5 20-1.5411, neutralized through the use of an appropriate special contract provision. If appropriate, the offeror.may negotiate the tems and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:

l 7590-01 4

c (1) Hardware exclusion clauses which prohibit the acceptance of-

. production contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; L

l (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of -interest; and

(4) Clauses which provide for protection of confidential data and guard against its unauthorized use.

(b) The following additional contract clause may be included as

! section (1) in the clause set forth ins 20-1.5405-1 when it is determined 4

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

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(i) Follow-on effort. (1) The contractor shall be ineligible to i j

participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of i work under this contract. Furthermore, unless so directed in writing by j the contracting officer, the contractor shall not perform a' ny technical j consulting or management support services work or evaluation activities under this contract on any of its products or services or the products

! or services of another firm if the contractor has been substantially j involved in the development or marketing of such products or services.

t (2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual  ;

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

contractor shall not incorporate its products or services in such statement l l

of work or specifications unless so directed in writing by the contracting )

officer, in which case the' restriction in this subparagraph shall not i j apply. )

i (3) Nothing in this paragraph shall preclude the contractor from '

j i

offering or :elling its standard comercial items to the government.

5 20-1.5406 Evaluation, findings, and contract award ]

The contracting officer will evaluate all relevant facts submitted  !

by an offeror pursuant to the representation requirements of !20-i.5404(b) l and other relevant information. After evaluating this information j agains't the criteria of i 20-1.5403,'a finding will be made by the contracting i officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has oeen determined that conflicts of interest exist, then tne contract 1ng officer shall either:

Disqualify,the offeror from award, (a)

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7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or 1

( (c) Award the contract under the waiver prevision of 520-1.5411. l 520-1.5407 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting j officer determines that such conflicts do, in fact, exist and that it '

would not be in the best interests of the government to terminate the contract as provided in the clauses required by $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.

520-1.5408 (Reserved) 520-1.5409 (Reserved) 120-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit 'a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.

I20-1.5411 Waiver 1

In the first instance, detemination with respect to the need to l seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the reconinendation of I the contracting officer, and after consultation with the Office of the I General Counsel, the E00 may waive the policy in specific cases if he detemines that it is in the best interest of the United States to do so.

Such action shall be strictly limited to those situations in which: i (1) The work to be perfomed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval cocuments shall be placed in the Public Document Room.

7590-01 620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract.f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or. intentional nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

Dated at Washinaton. 0.C this 27th day of Ma'rch 1979.

For the Nuclear Regulatory Commission D.

$ db ' ' "k - '

. Samuel . Chilk

' Secretary of the Commission E

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_ BILLING INSTRUCTIONS FOR FIXED PRICE

-CONTRACTS AND PURCHASE ORDERS General.

herein. The contractor shall submit vouchers or invoices as prescribed Fonn.

thTCovernment's Standard Form 1034 "Puolic Voucher for Purchas Services Other Than Personal," and Standard Fonn 1035 "Public Voucher for Purchases Order Other Than Personal -- Continuation Sheet." These fonns are available from Washington, DCthe Government Printing Office, 701 North Capitol Street, 20801.

Number of Copies and Mailing Address.

submitted to NRC offices identified below.An original and six copies shall be Frequench The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract. ,

Preparation and Itemization of the Voucher.

The voucher shall be prepared in ink or initialized. typewriter (without strikeovers) ~and corrected or erasures must be It must include the following:

(a) Payor's name and address.

y* 4 copies) to: U.S. Nuclear(1) Address the original voucher (with Regulatory Comission, Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Sections Washington, DC 20555. (ii) Address 2 copies to:

U.S.

Nuclear Regulatory Comission, ATTN: E. L. Halman, Director, Division of Contracts, Washington', DC 20555. (iii) The 0:iginal

_ copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer.

(b) Voucher number.

(c)' Date of voucher.

(d) Contract number and date.

(e) Payee's name and address.

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

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

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' L' (g) Weight ind zone of shipment, if shipped by parcel post.

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

(i) Instructions to consignee to notify Contacting Off.cer of receipt of shipment.

(j) Final invoice marked: " FINAL INVOICE" Currency.

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

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2m8PLOYteENT STANDARD 5 ADMINISTRATION WAGE AND HOUR OlvtSION i ,- -

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1 REGISTER OF WAGE DETERMINATIONS UNDER State:

District of Columbia

{ THE SERVICE CONTRACT ACT DC Sy alleection of the Secretary of Lattor .

Area: *See Below .

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LOCALITY P~ulo V. Smith ^"L_

wase ssetermination numtwr:

78-1183 (Rev. 9)

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note: 10[1-86 }

Friage tienefit payments Empicysd on contracts for elevator maintenance services:

i-(' vacatien w e; other li Elcvator mechanic -

2.I Elc.vator mechanic's helper $ 16.52 $ 2.095

.3.I' Prsbationary helper 5/ 11.56 1/ 2/

2.095 1/ 3/ 4/

1_/; Annual vacation pay is accqued as follows

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U of regular hourly rate for all hours worked, at least 120 hoAfter 6 months but less than 2_/

5 year's" 4/ of service in t

(! vcention

. industry, 8 percent of regular hourly rate for all hours worked, at least 160 hurs va pay are applicable to an employee who works 1750 hours0.0203 days <br />0.486 hours <br />0.00289 weeks <br />6.65875e-4 months <br /> or mo ours vacation pay. Maximum hours of 2_/ 7 paid holidays per year: re but less than 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> in the year.

~ Thanksgiving, and Christmas Day.New Year's Day, Memorial Day, p:yroll within the calendar week Toprevious be eligible to the forweek a paid holiday, in which the an employee must ,have holid Friday beindepende afte'r ay occurs. en on the employer's

, cny of the named holidays another day of f with pay in accordance with z. plan comm Pcn31on: $1.69 per hour for all hours worked. employees involved.)

,IEducctionalFund: D

$.085 per hour for all hours worked. g l!aonths,he/shehasnotmorethan6monthsexperienceintheindustry.

A tewly hired employee may be classified as a probationary helper'if, ov 2

ibatirnary employee has completed 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br /> in the mon:h. A month shall be deemed worked when the pro- ]

i ,o Thio wage determination also applies to: .

m Marytend (21): '

Virginia (47):

Counties of Calvert (009), Charles (017), Montgomery (031), Prince Georges (033) .and St Mary 's (037)

Counties of Arlington (013), Culpepper (047), Fairfax (059), Faupter (061) , Loudoun (107), Prince william e,i i, ch..(153),

r h D17) Rappahannock (157) and independent Cities of Alcrandria (201), Fpirfax (267), and

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c. Wege Deternimation ,

78-1183 (Rev. 9)

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o Data 10-1-ng t2 ,s

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emigosa m- -

this contract (either by the terms of the covernment contrIf employ i' ,-

e of-, ' ~

j by state or local law, etc.), the cost of furnishing such u ifact, by the employefs iff taining (by laundering or dry cleaning) sucte uniforms i n orms and main- '

where such costsreduces an expense that may rate b l

[y not be borne that required Wyby thean wage employee determination. the e ow hourly v

payment in accordance with the following standards as compliance:The Department of L The contractor or subcontrac' tor is required te furnish , .

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' all employees with an adequate atumber of uniforms withou. t ; -

i cost or to reimburse the uniforms. employees In addition for ,the actual cost of 4, where uniform cleaning and 1 - -

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maintenance is made the resp,onsibility of the employ 5

, determination collective shall bargaining (in the absence agreement of a providing for'a bona fide i .

different amount, or the furnishing of contrary i y *  !

affirmative proof as to actual cost), reimburse all , -

employees of $3.35 a . week for such cleaning (or 67 cents a and day) maintenance

. at a rate - -

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those instances where the uniforms furnished areHowever, in

!- made of " wash and wear" materials, may be .

routinely washed and dried with other personal - .

l t garments, and do not require any special treatment .

i such as dry cleaning, daily washing, or comunercial I laundering in order to meet the cleanliness or appearance standards set by-the terms of the

! Government contract, by the contractor by law or~

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by the nature of the work, there is no,requirem,ent.

that employees be reimbursed for uniform maintenance, costs.

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