ML20205S846
| ML20205S846 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1987 |
| From: | Hagey H NRC OFFICE OF ADMINISTRATION (ADM), PACIFIC BELL |
| To: | |
| Shared Package | |
| ML20205S819 | List: |
| References | |
| CON-NRC-32-87-312 NUDOCS 8704070143 | |
| Download: ML20205S846 (16) | |
Text
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This is a fixed price requirements type contract tc service for NRC's Region 5 office.
The total estiniated cc st of this c ontract provide local telophone is $55.000.00 for a one year period of performance.
isc totat AuouNT or coNinAct > S55,000.00
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- 16. TABLE OF CONT ENTs ot sca.etion jeact asi velstcl Ot scniPr #0N lPAGE ts PAa t e - THf sCH(out t
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2 15 K UF grusION OR CONTR AC10R fic N il nu wo.
sueruts/stavicts ouAstify own usit raict m ouNT t'uNT Section B - Supplies or Servicts and Prices / Costs B.1 Description of Work The Contractor shall provide local telephone service for NRC's Region V office at the following location:
U.S. Nuclear Regulatory Comission 1450 Maria Lane, 210 Walnut Creek, CA 94596 The Contractor shall provide these services in accordance with the following California Public Utilities Comission (CPUC) tariff:
CPUC A5.2.1 The telephone exchanges covered under this contract are:
1.
Teleticket Machine Line (415)934-6190 2.
Radiotelephone (415)891-1814, 891-1770 891-1860 3.
Foreign Exchange Line (415)825-8900 1
4.
Outgoing Service 000.00 (415) 944-7081 l
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Page 4 8.1 Ramittance Address If item !$c. of the Standard Forn 33 has been checked, the offeror shall enter the remittance address below.
Name:
Address:
Section D - Packaging and Marking - None app 1tcable Section E - Inspection and Acceptance - None applicable Section F - Deliverfes and Performance F.1 Duration of Contract Period The period of performance for this contract shall comence on October 1,1986 and end on September 30, 1987.
F.2 FAR Citations Section G - Contract Administration Data G.!
Technical Of action A.
Performance of the work under' this contract shall be subject to the technical direction of the NRC Project Officer named in Section G. of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requites pursuit of certain If nes of inquiry, fills in detafis or otherwise serves to accoglish the contractual scope of work.
2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the wnrk description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delfvered by the Contractor to the Government under the contract.
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Page 5 8.
Technical direction must be within the general scope of work stated in the contract.
authority to and may not issue av techatcal direction whic 1.
Constitutes an assfgnment of adottional work outside the general scope of the contract.
2.
Constitutes a change as deffned in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fiaed fee, if any, or the time required for contract perfomance.
4.
Changes any of the empressed
- terms, conditions or specffications of the contract.
C.
ALL TECHNICAL OIRECTIONS $NALL SC !$$UED IN WRI PROJECT OFFICER OR SHALL BE CONFIRMED BY SUC WITHIN TEN (10) WORKING DAYS AFTER VER8AL !$$UAN A copy of said written direction shall be submitted to the Contracting Officer.
The Contractor shall proceed promptly with the performance of techafcal directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
I f, in the opfnfon of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in 8(1) through (4) above, the Contractor shall not proceed but shall nott'fy the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall re Officer to modify the contract accordingly. quest the Contracting Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that. in the Contracting Officer's opinfon.
the technical direction is within the scope of this article and does not constitute a change under the. Changes Clause.
D.
Officer may result in an unnecessary delay in the C performance, and may even result in funds for unallowable costs under the contract.the Contractor expending E.
A failure of the parties to agree upon the nature of the 4
fnstruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
1 Page 6 C.?
Prvject Of f f cer
, A.
The Individual (s) 11sted in *S" below fs (are) hereby desfgnated 3,
as the Contracting Officer's authortred representative
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(herefnaf ter called project Officer) for technical aspects of i
this contract.
The project Officer is not autherfred to approve or request any action which results in or could result in an
_facrease in contract cost; or terminate settle any cTafe or
_ dispute erlsing under the contract. or issue any unflateral
_dfrective whatever.
The project Officer is responsible for:
(1) monitoring the l
Contractor's technical
- progress, including surveillance and
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assessment of performance, and recomending to the Contracting Officer changes in requirements; (2) interpreting the scope of j
work; (3) performing technical evaluation as reqvfred; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorfred to review all costs requested for reimbursement by Contractors and submf t recomendations for approval, disapproval, or suspension for supplies / services required under the contract.
The s
Contracting Officer is responsible for directing or negotiating
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any changes in terms, conditfons, or amounts cited in the contrac t.
For guidance from the Project Officer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (?) not constitute new assignment of work or change to the empressed
- terms, conditions or specifications incorpora ted into this contract; (3) not constitute a basis for an estension to the period of performance 1
or contract delivery schedule; and, as stated above. (4) not constitute a basis for any increase in the contract cost.
B.
Name and Maf) Code:
Edward Frigillana Office Address:
U.S. Nuclear Regulatory Commission 1450 Harla Lane, 210 Telephone Number:
Walnut Creek, CA 94596 (415)4633865
(-
Pepe 7 6.3 Pe) ment Due Dete (a) peseents under this contract of11 he due 30 calender days after the later of:
(1) The date of actual recefpt of a proper invoice (orfgfnel and 4 copies)to:
U.S. Nuclear Aegulatory Cemetssion D1yisfon of Accounting and F1 nonce Office of Resotrce Management ATTN: GOV /COM Accounts Section Mashtngton, D.C.
10$$$
or (2) The date the supplies are 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 these supplies in accordance with the terms of the contract.
(c) If the supplies are rejected for fatters to conform to the technical reqvf raments of the contract or for damage in transit or otherwise, the provtstons in paragra,ph (b) of this clause will apply to the new delfvery of replacement supp1fes.
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(d) The date of payment by wfre transfer through the Treasury Financial Comunications Systems shall be considered the date payment is made for individual payments exceeding $25,000.
The date a check is issued shall be ' considered the date payment is made for individual payments of $25,000 or less.
G.4 Jnvoice Requirements Invoices shall be submitted in an original and 4 copfes to:
U.S. Nuclear Regulatory Comission Division of Accounting and Finance Office of Resource Management ATTN: COV/COM Accounts sectfon Washington. 0.C.
20555.
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To constitute a proper invoice, the invoice must include the following
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infomation and/or attached documentation!
(1) Name of the business concern and invoice date.
(2) Contract number or other authorfration for delfvery of property or services.
(3) Descriptfon price and quantity of property and services actually delf vered or rendered.
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Wege 8 (4) Shipping and pityment terms.
(5) flame (where practicable title. phone number, and complete mailing address of eespon)s.
ible official to whom payment is to be sent.
(6)
Other substantiating documentation or information as required by the contract.
G.5 Interest on Overdue Payments (a) The Prompt Payment Act. Public Law 97-177 (96 STAT. 85. 31 USC 1801) is applicable to payments under this contract and reqvfres the payment of interest to contractors on overdue payments and taproperly taken discounts.
(b) Determinations of interest due will be ande in accordance with the provisions of the Prompt Payment Act and Office of planagement and Budget Circular A-125. Vol. 47 Federal Register 37321 August 25, 1982.
Among other provides that:
considerations. OM8 Circular A-125 (1)
Interest penalties are not required when payment is delayed because of a disagreement over the amount of paynent or other issues concerning compilance 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 af ter the due date through the payment date.
G.6 CONSIDERATION The present estimate for performing the work under this contract is 555,000.00.
The total amount oblig:u d is 555.000.00.
in:reased by the Contracting Of ficer fru, time to time written notice to the contractor.
paid and payable to the contractor hereunder equal theWhen and if the ceiling ptrforma,nce of the workthe contractor shall be excused from further ard liabilities) unless a(nd until the Contracting Officerexcept t increases the amount obligated under this contract.
the extent that such cefitng has been increased, any costs If and to incurred by the contractor in excess of the ceiling prior to itt increase shall be allowable to the same estent as if such ctsts had beer, incurred after such increase in the ceiling.*
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b Page 9 Section N - Special Contract Requf meents H.!
Contractor Organizational Confilets of Interest (OM8 Clearance Number 3150-0I12)
(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,2) does not obtain an unfair competitive adv or otherwise) which miste to the work under this contract and (
other par, ties by virtue of its perfomance of this contract.
(b)
Scope.
The restrictions described herein shall apply to perfomance or participation by the Contractor as defined in 41 CFR 520-1.5402(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 wf th any firm or organfration, 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 prevision 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 organfration 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.
4 e
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page 10 (d) Disclosure after award.
(1) and belief and except as otherwise set forth in this does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).
(2)
The Contractor agewes that if after award it discovers organfrational conflicts of interest with twspect to this contract, it shall make an writing to the Contracting Officer.immediate and full disclosure irt This statement shall include a description of the action which the Contractor has taken or may, however, terminate the contract for convenience The NRC such termination to be in the best interests of the Government.
(e) Access to and use of information.
(1)
If the Contractor in the perfomance of this contract obtains access to information, such as NRC plans, policies, reports studies, financial plans, internal data protected by the Privacy,Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(1)
Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based 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 af ter the release of such information to the pubite, or l
I (iv) release the information without prior written approval by the Contracting Officer unless such previously been released to the public by the NRC.information has (2)
In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protect'ed by the privacy Act of 1974 (Pub.
L.93-579 or other confidential or privileged technical, business, )o,r financial i
s.
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information under this contract, the Contractor shall treat such 1
information in accordance with restrictions placed on use of the 1
informa tion.
(3)
The Contractor shall have, subject to patent and security
)
provisions of this contract, the right to use technical data it produces under this contract for private purposes provided -that all twquirements of this contract have been met.
(f)
Subcontracts.
Contractor shall include this clause, including this paragr(a i
subcontracts of any tier.
in The terms " contract." " Contractor," and l
- Contracting Officer " shall be appropriately modified to preserve the
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Government's rights.
1 (g)
Remedies.
For breach of any of the above prescriptions or for i
intentional nondisclosure or misrepresentation of any relevant i
interest required to be disclosed concerning this contract or for such i
erroneous representa tions as necessarily imply bad
- faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, remedies as may be pennitted by law or this contract.and pursue other (h) Waiver.
A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in j
iPo-1.s4n.
j H.?
_ Method of Payment (a)
Payment under this contract will be made by wire transfer through the Treasury Financial Comunications System for each individual in excess of $25,000 and by Treasury check payment for each individual payment of $25,000 or less.
(b)
Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to i
the Contracting Officer to facilitate wire transfer of contract I
payments.
In the event that the Contractor's financial institution has access to the Federal Reserve Consnunications i
System. Contracter shall complete all items except items 7 - 9.
In the event the Contractor's financial institution does not have access to the shall complete all items except item 4. Federal Reserve Comunication j
2.
Name and addres's of organfration 2.
Contact person and telephone number 3.
Name and address of financial institution i
I 4
Contractor's Financial institutions's 9-digit ABA i
identifying number for routing transfer of funds
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Page 12 5.
Telegraphic abbreviation of Contractor's financial institution i
6.
Account number at Contractor's financial institution if it receives electronic funds Federal Reserve Communications Systemtransfer messages through 7.
flame 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-digtt 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.
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Page 13 PART II - CONTRACT CLAUSES Section I - Contract C1hses Rates. Charges and Services (a) with all applicable tariff,The Services and facilities furnished accordance rates. charges rules Mgulations or requirveents (1) lawfully established by an,appropr.
regulatory bo furnished or o#; and (11) applicable to service and facilities iate governmental subscribers; or at rates, terms and conditions of se furnished or offered by the Contractor to the general p bli subscriber; or at rates, terms and conditions of service as ma es u
c or his agreed upon subject, when appropriate to jurisdiction of an y be appropriate governmental regulatory bo@.,For any services whic furnished, the Government shall be charged at the lowe t under the most favorable. terms and conditions for are s
rank and facilities offered to any other customer.
e and (b) furwished hereunder at any time.The Government may disco acilities adjusted to the effective date of discontinuance.sha
, I es (c) the services hereunder but does not cance" or ter
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amounts paid or payable to the Contractor for providing thm nate th deferred or modified shall be equitably adjusted in the applicable tariffs filed by the Contractor with deferral or ch e services accordance with if no tariffs filed by the Contractor with the regul t and in effect at the time of the deferr'al or change or ange or, a ory connission are in effect, by written agreement between the Govern
, if no tariffs Contractor.
Failure to agree on any adjustment shall be a dis ment and the concern clause. ing a question of fact within the meaning of the " Disputes pute (d)
When the use of service or facilities furnished by the Contractor is of the Government, an adjustment of the monthly charges i
be made for the service and facilities rendered inoperative by reason i
of the interruption.
accordance with the applicable tariff.The adjustment to the monthly charge shall be i Tariffed Charges (APR 1984)
The Contractor may pass through to the Government an increase in tariff prices for those elements of tariffed service provided by a regulated carrier, if the charge has been separately identified in the price schedules.- If payment is required for any tariffed charge which was not such amount from payments to the Contractor. separately identified in the p
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Page 34
- 1. FEDERAL ACQUIS1110h REGULAT10N (48 CFR CHAPTER 1) DES 52.252-2 CLAUSES INCORPORAfED BY REFERENCE.
(APR1984)
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.
hettonE Section F 52.212-23 STOP-WORK ORDER.
(APR1984)
Section I 52.232-6 PAYMENTS UNDER COMMUNICATION SERVICE CONTRACT 52.202-1 DEFINITIONS.
(APR1984) 52.203 1 0FFICIALS NOT TO BENEFIT.
(APR 1984) 52.203-3 GRATUITIES. (APR1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.
(APR1984) 52.208-3 CONFLICTS. (APR1984) 52.215-1 EXAMINATION OF RECORDS 8Y COMPTROLLER GENERAL.
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AN DISADVANTAGED BUSINESS CONCERNS.
UTILIZATION OF LABOR SURPLUS AREA CONCER 52.220-3
)
52.222-26 (APR 1984)
(APR1984)
EQUAL OPPORTUNITY, 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED A VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WOR 52.229-4 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CO (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESS R100. (APR 1984) 52.232-11 EXTRAS.
(APR1984) 52.232-17 INTEREST. (APR 1984)
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52.232-23 ASSIGNMENT OF CLAIMS.
(APR 1984) 3 52.233-1 DISPUTES. (APR 1984)--Alternate I.
(APR 1984) 52.243-1 CHANGES--FIXED-PRICE.
(APR 1984) 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS)
(APR 1985) 52.244-5 COMPETITION IN SU8 CONTRACTING.
(APR 1984) 52.249-4 TERMINATION FOR CONVENIENCE OF WE GOVERNf4ENT (SERVICES) (SHORT FORM).
(APR 1984) 52.249-8 DEFAULT (FIXED-PI:!CF SUPPL Y AND SERVICE).
(APR 1984) ee e
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Page 15 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1
NRC Organization Chart 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 Billing Instructions 6
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