ML20206K407

Contract: On-call Maint of Ibm Sys Six,Mag Cards & Displaywriter Sys, Awarded to Technical Specialties,Inc

ML20206K407
Person / Time
Issue date:	04/07/1987
From:	Thompson R NRC OFFICE OF ADMINISTRATION (ADM), TECHNICAL SPECIALTIES, INC.
To:
Shared Package
ML20206K370	List: ML20206K366 ML20206K407
References
CON-FIN-D-1384, CON-NRC-33-87-217 NUDOCS 8704160342
Download: ML20206K407 (25)

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2. CONT R ACT (Proc. Inst. Ident.) NO.

3. EFFECT eve DATE

4. REQUISITION / PURCHASE REQUES T/ PROJECT NO.

NRC-33-87-217 5/1/87 RFPA No. ORM-87-217 S. 855UED BY j

6. ADMINISTERED SY (1/ othee then Jtem d) CODE l U.S. Nuclear Regulatory 68 Mission Division of Contracts Washington, DC 20555

7. NAME AND ADDRESS OF CONTR ACTOR (No.. street. city, county Siete and ZIP CodeJ

4. DELIV E R Y OoTNea<=<a>o->

Tcchnical Specialties, Inc.

FOB ORIGIN 6725 Suitland Road

s. 015COUNI FOR PROMPT PAYMENT Suitland, Maryland 20746 21, - 20 days - Net 30 jeTEM

10. SUBMIT INVOICES N '"" "rs"e'd; TO THE No* 12 wise aceci CODE F ACILITY CODE ADDRESS SHOWN IN:

11. SHIP T O/M A R K F O R

32. PAYMENT WILL BE M ADE SY

'J.S. Nuclear Regulatory Commission Div. of Accounting & Finance, Attn: GOV /COM Accounts Section Washington, DC 20555

13. UTHORITY FOR USING OTHER THAN FULL AND OPEN COMPC'TI'~

14 O NTIN OP I AT 40 A A APPN N : 31X 200.107 AMOUNT:

$61,840.00 B 4' u s c 2saic" 1 O io u s c. 23o4(cit i

15A. ITEM NO 158. SUPPLIES / SERVICES 15C. QUANTITY 150. UNIT 15E. UNIT PRICE 15F AMOUNT As listed in Part I, Section B Type of Contract: Time and Material s Requirements - Fully Funded Estimated 150. TDTAL A440UNT OF CONTRACT > $ 61,840.00

16. TABLE OF CONTENTS V)lSEC.l DESCRIPTION lPAGE(S) VIl$ECl DESCRIPTION lPAGE(S)

PART I-THE SCHEDULE PART 16 - CONT R ACT CLAUSES X

A SOLICITATION / CONTRACT FORM l

Xl t l CONTR ACT CLAUSES I 15 X

B SUPPLIES OR SERVICES ANDPRICES/ COSTS IB PART til - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATT ACH.

X C

DESCRIPTION / SPECS / WORK STATEMENT 2

xlJ l LIST OF ATTACHMENTS I 25 x

D PACK AGING AND MARKING 5

PAav IV - REPRESENTATIONS AND INSTRUCTIONS y

E INSPECTION AND ACCEPTANCE 6

K REPRESENTATIONS. CERTIFICATIONS AND x

F DELIVERIES OR PERFORMANCE 6

OTHER STATEMENT *L OF OFFERORS y

G CONTR ACT ADMINISTR ATION DAT A 7

L INSTRS.CONDS.. AND NOTICES TO OF F E RORS y

H I SPECI AL CONTR ACT REQUIREMENTS 10 M

EVALU ATION F ACTORS FOR AWARD CONTRACTING 0ffICER WIL L COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.

CONT R ACTOR'S NEGOTIATED AGREEMENT (Contr.cfor is re.

10.

AWARD (Contrattoe is not required to sign fAsa document.) Your of f.r on Sol 6 citation Numb.e IFB RS-ORM-87-217 copses to issuins offece.)

{ dred to sign fAls document and return f or f[ or o't rwYse 6Nk iN.o ab

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20A. NAME OF CONTR ACTINO OFFICER 8704160342 870407 PDR CONTR Ronald D. Thompson, Contracting Officer NRC-33-87-217 PDR C

,l 198. NAME OF CONTR ACTOR avs.DATE SsGNED 20. UNeTED ST ATES OF ME RIC A 20C. DATE SIGN ED

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NSN 7540 01152 8069 26 107

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f,A,,7,0,,,RD F M W. m A oy c PREVIOUS EDITION UNUSABLE F AR (48 CF RI $3.214(a)

@ GPO e 198$ 0 - 461-275 (410)

Contract No. NRC-33-87-217 Page 1A The following clauses are hereby completed as such:

Paragraph B.2.a. - Consideration and Oblication - The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is $61,840.00.

Paragraph B.2.b. - Consideration and Oblication - The amount presently obligated with respect to this contract is $61,840.00.

Paragraph F.5. - Place of Delivery - The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Commission Contract Number: NRC-33-87-217 Division of Computer and Telecommunications Services Office of Information Resources Management Phillips Building 7920 Norfolk Avenue Bethesda, MD 20814 Paragraph G.I. - Pro.iect Officer Authority - The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:

Name: Charles R. Johnson Address:

U.S. Nuclear Regulatory Commission Mail Stop P-622 Washington, DC 20555 Telephone Number:

(301)492-8311 Paragraph H.3 - Octermination of Minimum Wages and Frinae Benefits - Each service employee employed in the performance of this contract by the contractor or any sub-contractor shall be paid the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits under Wage Determination Number A 1830485 and attached hereto as Attachment Number 3.

Paragraph H.4 - Point (s) of Contact - The contractor designates the following as a point (s) of contact for its firm to receive notification of calls:

Dispatcher (301) 967-2600 Section 1 - Contract Clauses - 52.216-18 ORDERING.

(APR 1984) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule.

Such orders may be issued from May 1,1987 through April 30, 1989.

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SOOCITATION, OFFER AND ATARD $'$C$P$s'i,1,gagito ORm n g

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3. 5DLICIT ATION '80.

a. T VPE OF 50 LICIT ATION 5. DA' 'E 855t/ED

5. plE GU 5tTION/PURCHAbt ao-RS-ORM-87-217 st Au o Bio siFsi 2/24/87 RFPA No. ORM-87-217 ;

NE COTI ATED (RF P)

e. ADDRE55 0F F ER T Ddl/ ofhre ihen frem 7)be address

7. 855UE D B Y CODE l All bids shoul U.S. Nuclear Regulatory Commission Block 7, hoWever, handcarried bids (this includ Division of Contracts, AR 2223 Express Mail and all comercial delivery servic Washington, D.C.

20555 MUST be delivered to the address in Block 9.

NOT E : In eested tsd solicitaton: " offer" end "of feror" mean "tyd" and " bidder" SOLICITATION tWo ( 2 ) copies for furnishing the supplies or services in the Schedule will be received et th it 8

9. Sealed offers in originef and 2223. 4550 Montcomery Avenue uni;i 2:00 @ceiiime Marc honocorried. in the deposery iocated in __ Room Bethesda, Maryland z0814

1. No rs toere(

CAUTION - L ATE Submissicos. Modifications. and Withdraweis. See Section L Provision No. 52.214 7 or 52.215-10 All offers are subject to att terms et conditions contained in this solecitetion.

A.NAML

9. T ELEPHONE NO. finclude erse codel (NO COLLEC1 CALL.So

13. FOR INFORM ATION Donna Umbel or Sandy Joiner (301) 429-4281 or 492-4297

11. TABLE OF CONTENTS t/llSEC l DESCRIPTION lPAGEISI f/ll $EC. l DESCRIPTION lPAGE :S '

PART I - THE SCHEDULE PART 01 - CONT R ACT CLAUSES X

A SOLICITATION /CONTR ACT FORM l

Xl 1 l CONTR ACT CLAUSES l 15 X

B SUPPLIES OR SE RVICES AND PRICESICOSTS IB PART ill-LIST OF OOCUMENTS. ENHIBITS AND OTHE R ATT A_CH X

C DESCRIPTION / SPECS / WORK STATEMENT 2

XlJ l LIST OF ATTACHMENTS l 25 X

0 PACKAGING AND MARKING S

PART iv - REPRESENT ATIONS AND INSTRUCTIONS X

E INSPECTION AND ACCEPTANCE 6

REPRESENT ATIONS. CERTIFICATIONS AND X

F DEllVERIES OR PERFORMANCE 6

X OTHER STATEMENTS OF OF FERORS 2[,

X c

CONTR ACT ADMINISTR ATION DAT A 7

X L

INSTRS.CONDS. AND NOTICES TO OF F E RORS 29 X

H SPE CI AL CONTR ACT HEOUIREMENTS 10 X

M EVALUATION F ACTORS FOR AWARD 32 OF F E R (Must be fully templeted by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions et 57.21416, Minimum Bid Acceptance Period

12. In compliance with the above, the undersigned agrees,if this of fer is accepted within En 11=y=

calender devs too cefender de>s maless e diffe ru period is sneerted in the efferers from the date for receipt of of fers specibed abow, to furnish any or oil items upon which prices are of fered et the prict sf

• oppesite each item. delivered at the designsted point (3). Within the time specified in the schedule.

so C ALLNOAR DAVb to CALENDAR DAY $

Jo C ALENDAR DAYb CALENDAR Du s

13. DISCOUNT FOR PROUPT PAYMENT Q

(See Section 1. Clause No 61 2328) ojn yyn oja yeg

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO DATE AMENDMENT NO DATE (The offerer ethnouleders reccept of emend.

ments to the SOLICITATION for offerors and related documents numbered end dated -

3 I F ACILITy i 16.NAME AND T11LE OF PERSON AUTHO 462ED TO SIGN CODE ISA.NAME I

I I

OF F ER (Type or print)

AND Technical Specisities, Inc.

^D0"E55 6725 Suitland Road OF Suitland, Maryland 20746 Ric y - P/esident OFFEROR Its. T E LEPHON L NO. tinefade eres 15C CHECK IF REMITT ANCE ADDRESS 17.5 MA1URL le. OF F E R DA

• E (YOY) 967-2600 O Pu8'Jaa/RE!"~ rC !=i'""

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6 3/26/87

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AWARD ITo be completed by Govemmerst)

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19. ACCEPIED AS 1011 Ears NUMBERED f o. AMOUNT

21. ACCOUNilNG AND APPROPRI AtlON e

22. gigDRtiV F OR U5rNG OT HE R T HAN F ULL AND O& EN COMPE 18 23 SUBVIT INVOICES TO ADDRESS SHOWN inh 10 U S C. 2304telt 1

41 U.S C. 253(cIl I

ti copies unless otherwtse sperffled) yg+

NDINISTERED BY fif ether then Alem F) CODE l 2$. PAYMENT WILL BE MADE BY CODE l l

26. N AME OF CONT R ACTING OF F ICE R (Type or pnnt) 27.UNiiED STATES OF AMERICA is. AWARD DATE isignature of Contreeting Officert IMPORT ANT - Award will he made on ehis Form, or on Stenderd Form 26, or by other authorised official written notice.

ST ANDARD FORM 33 tRtv.e45 NSN 7540-01-152-8M4 33333 v

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PREvlOUS EDITION NOT US AgLE ejgeyl CPO I 1985 0 - 469-193

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unos CONTINUATION SHEET ORM-87-217 IB 1

,emt to erpteon em 00418hAC19m Technical Specialties, Inc.

ITEM teO SUPPLIEsisERVICEs -

OUAN1RY UNG UNU PRCE AMOUNT PART I - _The Schedule Section B - Supplies or Services and Prices / Cost The contractor shall provide on-call maintenance for the U.S. Nuclear Regulatory Commission's IBM System Six's, Mag Cards, and Displaywriter Systems in accordance with the requirements specified under Section C - Description /Specificatior s W_ ork Statement.

Estimated Number of Hours 1.

On-Call Maintenance:

e 8:00 a.m. to 5:00 p.m., Monday through PER Friday - Estimated number of calls 573 1,146 HR

$$40.00/per $$45,840.00 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per call 2 Years) i hour 2

Parts :

Estimated Cost of Replacement Parts at i

LOT

$ 16,000.00 Actual Cost The bidder's hourly rate shall include material handling costs associated with replacement parts, wages, other overhead, general and administrative expense, profit and travel costs to and from the site.

The bidder. is reminded that no specific amount of service is either guaranteed or implied.

Refer to Paragraph H 5 herein.

Refer to Paragraph H.1 for Bid Evaluation f0A BID BIOS SHALL BE SUBMITTED ON AN "ALL OR NONE" BASIS.

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ITEM NO SUPPLIEStstRvCEs OOANTITY UNff UNtT PRCE AMOUNT Orders will be issued for work required by the NRC in accordance with 52.216 l Ordering (APR 1984). The NRC reserves the right to withdraw a proposed order at any time prior to its formal award. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.

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B.2 Consideration and Obligation.

a.

The total estimated amount of this-contract (ceiling) for the products / services order?d, delivered, and accepted under this The Contracting Officer may contract is unilaterally increase this amount as necessary for completion of orders placed with the Contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.

b.

The amount presently obligated with respect to this contract is The Contracting Officer or other individual specifically authorized under this contract may issue orders for work up to amount presently obligated. This obligation amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract.

The obligation amount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligation amount, the Contractor shall not be obligated to continue perfonnance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the Contractor in excess of the obligation amount specified above is done so at the Contractor's sole risk.

• To be incorporated into any resultant contract.

Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1 General The contractor shall perfonn this project pursuant to the requirements of this contract in a manner confonning to high professional standards.

The contractor shall be responsible for obtaining all necessary pennits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and the State, territory, and political subdivisions in which this project is performed.

C.1.2 Contract Objectives The purpose of this project is to provide maintenance, repairs, and replacement parts to NRC owned Mag Cards System Six's and Displaywriter Systems.

C.1.3 Scope of Work The contractor shall provide on-call maintenance which shall include all necessary personnel, materials, equipment, repair parts, and transportation at the prices set forth under Section B for servicing t

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the NRC owned Mag Cards, IBM System Six's and Displaywriter Systems listed under Para 9raph C.I.3.1 and any subsequent additional Mag The contractor shall Cards, System Six s and/or Displaywriters.

provide the on-call maintenance service during the principal period ofmaintenance(PPM). The PPM shall consist of nine (9) consecutive hours between 8:00 a.m. and 5:00 p.m. daily, Monday through Friday, excluding Federally observed legal holidays. On-call maintenance shall be perfomed on site at the following NRC locations:

(1)

Bethesda, Maryland, (2) Rockville, Maryland, (3) Silver Spring, Maryland,and(4) Washington,DC.

On-call maintenance shall be performed under notification, by the NRC i

Project Officer, to the Contractor that the equipment is inoperative or unsuitable for operation.

C.1.3.1 Equipment Listing Unit Number Description Quantity 1

IBM Model 5218A01, 40 CPS Printer 17 EA 2

IBM Model 5218A02, 60 CPS Printer 44 EA 3

IBM Model 5228A12, 60 CPS Printer 3 EA 4

IBM Model 6212 Composer, Mag Card 2 EA e

5 IBM Model 6360022 Ulskette Unit 95 EA 6

IBM Model 6580A06 Displaywriter Unit 79 EA 7

IBM Model 6580B04 Displaywriter Unit 1 EA 8

IBM Model 6580B06 Displaywriter Unit 15 EA 9

IBM Model 6610 Mag Card Selectric 4 EA 10 IBM Model 6616 Mag Card II 19 EA 11 IBM Model 6620 Mag Card A 1 EA 12 IBM Model 6240 Mag Card III 3 EA 13 IBM Model 6/430 INFO Processor Sys 6 2 EA 14 IBM Model 6/440 INFO Processor Sys 6 6 EA 15 IBM Model 6/442 INFO Processor Sys 6 1 EA 16 IBM Model 6/452 INFO Processor Sys 6 1 EA 17 IBM Model 5215 Model 001 Temptest PTR 1 EA 18 IBM Model 6361 Mag Card Unit 1 EA C.2 Service Call Procedures (a) The NRC Project Officer shall telephonically notify the contractor when service is required. At that time the contractor shall be provided with the following information-I Contract Nunber i Make/Model of equipment

- (

l Serial number of NRC tag number of equipment i Description of problem, if known

) Location of equipment to be repaired (b) At the completion of each service call, the contractor shall submit a signed service ticket to the NRC Project Officer which i

shall state items (1) through (iv) above as well as:

(1) The date and time the contractor was notified i

ORM-87-217 PAGE 4 (ii) The date and time of arrival and departure (1

Chargeable time spent for repair onsite

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Description of malfunction and corrective action taken J Replacement parts l

THE CONTRACTOR SHALL NOTIFY THE PROJECT OFFICER PRIOR TO UNDERTAKING ANY REPAIR EXCEEDING $100.00 OR WHEN MACHINES REQUIRE SHOP REPAIRS.

(c) For all equipment which must be removed and taken'.to the contractor s facilities for repair, the contractor's service ticket shall additionally include:

(1) Chargeable time spent for off site repair.

(d) There shall be no additional maintenance charge for maintenance which 'as begun during the PPM and extended beyond this period provided that the contractor is given imediate access to the equipment for the purpose of perfonning on-call maintenance.

Time spent by maintenance personnel after arrival on the site i

awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after a service has comenced shall not i

be chargeable.

C.2.1 Repair Parts 1

J Within five (5) days after centract award date, the contractor shall submit a list of repair parts which are recomended in the perfonnance of this contract to the NRC Project Officer for approval.

Upon approval by the NRC Project Officer, the contractor shall maintain an inventory of said repair parts as necessary to properly and efficiently maintain the equipment for the life of the contract and shall furnish such parts to the Government at the Contractor's cost. Only new standard parts or parts equal in perfonnance to new parts shall be used in effecting repairs. Any charges for major and minor parts neMuary for repair of the equipment will be paid by the NRC upon receipt c: m invoice from the contractor. The contractor, shall to the extent of his ability, procure materials at the most advantegeous prices available with due regard to securing prompt delivery of satisfactory materials, and take all cash and trade discounts, rebates, allowances, credits, salvage, comissions, and other benefits. When unable to take advantage of such benefits, the contractor shall promptly notify the Contracting Officer to that effect, and give the reason therefore. Credit shall be given to the government for case and trade discounts, rebates, allowances, credits, salvage, the value of resulting scrap when the amount of such scrap is appreciable, comissions, and other amounts which have been accrued to the benefit of the contractor. Such benefits lost through no fault or neglect on the part of the contractor, or lost through fault of the government, shall not be deducted from gross t

costs. For the purpose of this contract, minor parts will be those parts which cost $100.00 or less and major parts will be those parts which cost $100.01 and above. The contractor shall obtain prior approval from the Project Officer for all purchases of parts i

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ORM-87-217 PAGE 5 exceeding $100.00 in value and shall include the date of such approval on any invoices.

The recovery of any costs e.g., material handling costs, associated with parts must be included together with wages, other overhead, general and administrative expense and profit in the hourly rate.

Section D - Packaging and Marking D.1 Packaging and Marking When Delivering a Product The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations Uniform Freight Classification Rules, or regulations of other carriers as applicable to the node of transportation.

On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

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0RM-87-217 PAGE 6 E.1 Inspection and Acceptance Inspection and acceptance of the services called for hereunder shall be accomplished by the Project Officer or his duly authortred representative.

Acce)tance or rejection of the services shall be made in writing by the Project Officer within five (5) calendar days after receipt of said services from the contractor.

In the event of rejection of any portion of the work, completion of contracted work shall be received within two (2) days after receipt of notice of rejection. Final acceptance shall be made in writing only after the work has been corrected and approved by the Project Officer. The contractor shall be notified of final acceptance within five (5) calendar days after receipt of the corrected work.

E.2 Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at the destination.

Section F - Deliveries and Perfonnance F.1, Period of Perfonnance The period of performance for the services specified herein shall begin on the effective date of this contract and continue for twenty-four (24) months thereafter.

F.2 Place of Performance Services called for under this contract shall be perfonned at the NRC Headquarters locations within the Washington, D.C. metropolitan area as follows:

1.

Air Rights III Building 7.

Phillips Building 4550 Montgomery Avenue 7920 Norfolk Avenue Bethesda, Maryland Bethesda, Maryland i

2.

East-West / South Towers Bldg 8.

Warehouse

.4340 East West Highway 4934 Boiling Brook Parkway Bethesda, Maryland Rockville, Maryland i

3.

East-West / West Towers Bldg 9.

Willste Building 4350 East West Highway 7915 Eastern Avenue Bethesda, Maryland Silver Spring, Maryland 4.

Matomic Building

10. Woodmont Building 1717 H. Street, N.W.

8120 Woodmont Building Washington, DC Bethesda, Maryland 5.

Maryland National Bank Bldg 11.

Ford Building 7735 Old Georgetown Road 7101 Wisconsin Avenue Bethesda, Maryland Bethesda, Maryland

ORM-87-217 PAGE 7 6.

Nicholson Lane Building

12. One White Flint North 5650 Nicholson Lane Rockville Pike Rockville, Maryland Rockville, Maryland F.3 Response Time and Estimated Number of Calls The contractor's maintenance personnel shall arrive at the designated equipment site location within three (3) hours from the time the government notifies the contractor that service is required.

It is estimated that there will be approximately ten (10) calls per month.

F.4 Systems Life of Equipment The life of the equipment described under Section C is approximately five (5) years.

F.5 Place of Delivery.

The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Commission Contract Number:

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• To be incorporated into any resultant contract.

F.6 FAR Citations 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)

Placing Delivery Orders for items required under this contract.

2)

Monitoring Contractor perfornance and reconnending to the Contracting Officer changes in requirements.

l' ORM-87-217 PAGE 8 3)

Inspecting and accepting products / services provided under the contract.

4)

Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recomunendations for approval, disappreval, or 4

suspension.

c.

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

To be incorporated into any resultant contract.

G.2 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.

In the. event that the Contractor's financial institution has access to the Federal Reserve Communications System, the Contractor shall forward the following infonnation in writing to the Contracting Officer within seven days after the effective data of the contract.

1). Name and address of organization.

2). Contact person and telephone number.

3). Name and address of financial institution.

4). Contractor's Financial institution's 9-digit ABA identifying number for routing transfer of funds.

5). Telegraphic abbreviation of Contractor's financial institution.

6). Account number at Contractor's financial institution.

7). Signature and title of person supplying this infonnation.

c.

In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, the Contractor shall fontard the following infonnation with regard to a correspondent or alternate financial institution. The infonnation shall be in writing and submitted to the Contracting Officer within seven days after the effective date of the contract.

1). Name and address of organization.

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2). Contact person and telephone number.

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ORM-87-217 PAGE 9 3). Name and address of financial institution.

4). Telegraphic abbreviation of Contractor's financial institution.

5). Account number at Contractor's financial institution.

6). Name and address of the correspondent financial institution that has access to the Federal Reserve Comunicatione System.

7). Correspondent financial institution 9-digit ABA identitying number for routing transfer of funds.

8). Telegraphic abbreviation of correspondent financial institution.

9). Signature and title of person supplying this infomation.

d.

Any changes to the infonnation furnished under 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.

G.3 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 in accordance with the attached " Billing Instructions", or i

2)

The date the supplies / services are accepted by the Government.

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b.

For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to v. cur 30 calendar days after the date of delivery of these supplies or performance of the services in accordance with the tems of the contract.

c.

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

d.

The date of payment by wire 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.

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ORM-87-217 PAGE 10 G4 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 j

improperly taken discounts.

I b.

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

1)

Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the tems 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 Remittance Address If item 15c. of the Standard Form 33 has been checked, enter the remittance address below.

Name:

Address:

Section H - Special Contract Requirements H.1 Estimated Number of Calls l

(

The estimated number of calls in Part I - The Schedule are estimated only and may not reflect the actual quantities which may be required.

Such estimated quantities will depend entirely upon the Connission's requirements and the Commission will be obligated to pay for work actually ordered and satisfactorily perfomed at the rates specified.

If the cited requirements fail to materialize in the quantities estimated, such failure shall not constitute grounds for equitable adjustment.

If the above requirements exceed the estimated

'ORM-87-217 PAGE 11 Technical Specialties, Inc.

quantities, additional funds will be provided by unilateral modification to the contract at the rates specified.

H.2 Additional Requirements All services under this contract are to be perfomed by competent personnel, experienced and highly qualified to provide the required services in accordance with the best commercial practices, without unnecessary delays or interference with government functions.

H.3 Detemination of Minimum Wages and Fringe Benefits Each service employee employed in the perfomance 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 and attached hereto as Attachment number 1.

• To be incorporated into any resultant contract.

H.4 Point (s) of Contact The contractor designates the following as a point (s) of contact for its firm to receive notification of calls: Dispatching H.5 Estimated Requirements The quantities listed in Section B. of this solicitation are estimates of the amount of work which may be required and ordered hereunder.

If such requirements fail to materialize, such failure shall not constitute grounds for equitable adjustment hereunder.

H.6 Private Use of Contract Information and Data.

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data t

l 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.

H.7 Contractor Organizational Conflicts of Interest (OMB 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 i

l' 2). Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

l ;

l

ORM-87-217-PAGE 12 b.

Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR l?0-1.5402(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 l

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 execution of such contractual arrangement.

d.

Disclosure after award.

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

i e.

Access to and use of information.

i 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 l

by the Pr'ivacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:

4 (1) Use such information for any private purpose until-the information has been released to the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first;

.n-

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

nnn a,_n,-,-,--w,.-.--e-,--,m,,.,,,,-

--,w.a-,-v,-

n.-,

---wn,r,

'0RM-87-217 PAGE 13 (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 informatica in accordance with restrictions placed on use of the information.

3.

The Contractor shall have, subject to patent and security i

provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

f.

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

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

g.

Renedies.

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 l

for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this l

contract.

I-l 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 $20-1.5411.

1.

Follow-On Effort. The Contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract.

Furthermore, unless so directed in writing by the Contracttng Officer, the Contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the Contractor has been substantially involved in the development or marketing of such products or services.

l 1

'0RM-87-217 PAGE 14 If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications, the Contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

Nothing in thir paragraph shall preclude the Contractor from offering or selling its standard commercial items to the Government.

e

ORM-87-217 o-PAGE 15 1

PART 11 - CONTRACT CLAUSES Section 1.- Contract Clauses 52.216-18 ORDERING.

(APR1984)

(h) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from-through..

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

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

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

(Endofclause)

(R 7-11011968 JUN) 52.216-21 REQUIREMENTS.

(APR1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise pr6 vide, if the Government's requirements do not result in orders in the

'1 quantities described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract,'the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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

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

(End of clause)

(R 7-1102.2(b) 1966 0CT)

?

l-ORM-87-217 PAGE 16 FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act cf 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41.U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).

(b)(1)

Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum 4

monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits detemined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.

i (2)(i)

If there is such a wage detemination 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 work to be performed 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 skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section.

(The infomation collection requirements contained in the following paragraph of this section have been soproved by the Office of Management and Budget under OMB 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 later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event il 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 actica 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.

(iv)(A)

The process of establishing wage and fringe benefit rates that bear a I

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 l

wage and salary administration practices which rank various job classifications

'i

f.'

ORM-87-217 PAGE 17 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 to the establishment of any conformable wage rate (s) is tf.e concept that a pay relationship should be maintained between job classifications based on the skill 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 succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,

adjusting) the previous confomed 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 the contract which are listed in the current wage detemination, and those specified for the corresponding classifications in the previously applicable wage determinatien. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the contractor shall advise the contracting (ii) of officer of the action taken but the other procedures in paragraph (b)(2) this section 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.

(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(1) 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 them in the classification. Failure to pay such unlisted employees the 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 comenced contract work.

(3)

If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the tem of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be sub.iect 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.

(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

ORM-87-217 PAGE 18 making equivalent or differential payments in cash in accordance with the

~

applicable rules set forth in Subpart D of 29 CFR Part 4, and not otherwise.

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

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 i

f in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee wa 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 fri.nge benefits provided for under such agreenent.

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 $4.10 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 54.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits.

Such detemination 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 occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973).

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

(e) The contractor and any subcontractor under this contract shall notify eac'h 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 determination attached to this contract. The poster provided by

ORM-87-217 PAGE 19 the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under 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 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 performing 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 for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor.

(Sections 4.6(g)(1)(1) 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 OMB control number 1215-0159).

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

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

(iii) The r. umber 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 94.61(1)(2).

(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 records 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

ORM-87-217 o

PAGE 20 contractor, shall take action to cause suspensicn of any further payment or advance of funds until such violation ceases.

(4) The contractor shall pennit 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 pay period under this Act may not be of any duration longer than semi-monthly.

(1) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract 5;ith the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums.as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor.

In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work.

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

(j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The term " contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government prima contractor."

(k)(1) As used in these clauses, the term " service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional 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.

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

ORM-87-217 PAGE 21 f

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

Monetary Employee Class Wage / Fringe Benefits (1)(1)

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

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

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

I i

(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 i

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 on the 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 c'onsnencement of the succeeding contract.

(Approved by the Office of Management and Budget under OMB 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.

(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.

ORM-87-217 PAGE 22 (2) No part of this contract shall be subcontracted to any person or firm 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 employees may be employed in accordance with the following variations, tolerances, 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 impaired by age, physical, or mental deficiency or injury may be em wages lower than the minimum wages otherwise required by section 2(ployed at a)(1)or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of l

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 525,).

(2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, 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 lieu thereof), applying procedures prescribed by the applicable regulations issued I

under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 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 bf the U.S. Department of Labor, or if no such recognized 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 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

ORh-87-217 PAGE 23 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 amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this proviso:

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

(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 direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);

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

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

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

(FPR Temporary Regulation 76) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

(APR 1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

(JAN 1986)

Section F 52.212-13 STOP-WORK ORDER.

(APR 1984)--ALTERNATE I (APR 1984)

Section I i

.*1 ORM-87-217 PAGE 24 52.202-1 DEFINITIONS.

(APR1984) 52.203-1 0FFICIALS NOT TO BENEFIT. -(APR 1984) i '

52.203-3 GRATUITIES.

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

(APR1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.210-5 NEW MATERIAL.

(APR 1984) 52.210-7 USED OR RECONDITIONED MATERIAL RESIDUAL INVENTORY, AND

.FORMER GOVERNMENT SURPLUS PROPERTY.

(APR-1984) 52.214-26 AUDIT--SEALED BIDDING.

(APR 1985) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.

(APR1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN1985)-

52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.

(AUG 1986) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.

(APR1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.

(APR 1984) 52.222-3 CONVICT LABOR.

(APR 1984)'

52.222-26 EQUAL OPPORTUNITY.

(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING.

(JAN 1986) 52.215-26 INTEGRITY OF UNIT PRICES (JUL 1986) 5?. 223-2 CLEAN AIR AND WATER.

(APR 1984) 52.225-3 BUY AMERICAN ACT--SUPPLIES.

(APR 1984) i 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).

(APR1984) 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS.

(APR 1984) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. (APR 1984) 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS.

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

(JUL1985) 52.232-11 EXTRAS. (APR 1984) 52.232-17 INTEREST.

(APR1984) 52.232-22 LIMITATION OF FUNDS.

(APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS.

(JAN 1986) 52.233-1 DISPUTES.

(APR1984) 52.243-3 CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS.

(APR 1984) 52.244-3 SUBCONTRACTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR l

CONTRACTS. (APR 1985) i 52.246-25 LIMITATION OF LIABILITY--SERVI.CES.

(APR 1984) l 52.249-6 TERMINATION (C0ST-REIMBURSEMENT).

(MAY 1986)--Alternate V.

(APR 1984) 52.249-14 EXCUSABLE DELAYS.

(APR 1984) l:

i

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.i ORM-87-217 PAGE 25

• ~

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J ' List of Attachments J.1 Attachments Attachment Number Title 1

NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 3

Wage Determination (To be incorporated into resultant contract)

ORM-87-217 PAGE 26 PART IV - REPRESENTATIONS AND INSTRUCTIONS Section K - Representations, Certifications and Other Statements of Offerors or Quoters K.1 Organizational Conflicts of Interest I represent to the best of my knowledge and belief that:

The award to Technical specialties. Inc.

of a contract or the modification of an existing contract does / / or does not /tX/

/ involve situations or relationships of the type set forth in 41 CFR I 20-1.5403(b)(1).

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

(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR I 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the contracting officer.

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

(i)

Impose appropriate conditions which avoid such conflicts, (ii) Disqualify the offeror, or (iii) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 9 20-1.5411.

(2) The refusal to provide the representation required by 920-1.5404(b) or upon request of the contracting officer the facts required by 920-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting centract may be terminated.

t I

The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by l

law or the resulting contract.

The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.

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

ORM-87-217 Tsch2ical Specic1tico, Itc.-

PAGE 27 The offeror's failure to execute the representation required by

-subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.

K.2 Certification Regarding Debament Status.

2 The offeror hereby certifies by submission of this offer that it and any subcontractor (s) that will be performing under this contract is not a debarred person or firm.

K.3 FAR Provisions 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT.

(APR1984)

(a) Representation. The quoter represents.that, except for full-time bona fide employees working solely for the quoter, the quoter--

Note:.The quoter must check the appropriate boxes. For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.

(1)/ / has, paar/ has not employed or retained any person or company to solicit or obtain this contract; and (2) / / has, fuor/ has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any comission, percentage, brokerage, or other fee contingent upon or resulting from the award 1

of this contract.

(b) Agreement. The quoter agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer--

(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicite. tion or contract number, and representing that the prior SF 119 applies to this offer or quotation.

(End of provision)

(R 7-2002.1 1974 APR)

I (R 1-1.505) 52.214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING.

(APR1985)

The bidder, by checking the applicable box, represents that it operates as

/xx/ a corporation incorporated under the laws of the State of Maryland../ /

an individual, / / a partnership, / / a nonprofit organization, or / /a joint venture.

(Endofprovision)

ORM-87-217 Technical Specic1 ties, Inc.

PAGE 28 52.219-1 SMALL BUSINESS CONCERN REPRESENTATION.

(MAY 1986)

The offeror represents and certifies as part of its offer that it Axx/ is,

/ / is not a small business concern and that / / all, Axx/ not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(End of provision) 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION.

(APR1984)

(a) Representation. The offeror represents that it / / is, Axx/ is not a small disadvantaged business concern.

(b) Definitions.

" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.

" Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines Vietnan, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan.

" Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.

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

"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals and (2) has its management and 'laily business controlled by one or more such individuals.

(c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1.

(End of provision)

(R 7-2003.74 1980 AUG)

(R 3-501(b)(3), Part IV, Section K, (1)(B) 1980 AUG) 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.

(APR 1984)

(a) Representation. The offeror represents that it / / is, fxx/ is not a women-owned small business concern.

(b) Definitions.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government

ORM-87-217 Tachnical Specic1tico, I::c.

contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

" Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(End of provision)

(R FPR Temp. Reg 48 1978 DEC) 52.223-1 CLEAN AIR AND WATER CERTIFICATION.

(APR1984)

The Offeror certifies that--

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

(End of provision)

(AV 7-2003.71 1977 JUN)

(AV 1-1.2302-1)

Section L - Instructions, Conditions, and Notices to Offerors or Quoters L.1 Small Business Size Standard and Product Classification.

The Standard Industrial Classification code for supplies / services describedhereinis7399andtheconcernsforlitsprecedingthree(3) fiscal years must not exceed $3.5 million to be classified as a small business concern.

L.2 Award Notification and Comitment of Public Funds All offerors will be notified of their selection or nonselection as soon as possible.

Formal notification of nonselection for unrestricted awards will not be made until a contract has been awarded.

Pursuant to the requirements of Section 15.1001(b)(2) of the Federal Acquisition Regulation, preliminary notification will be provided prior to award for small business set-aside procurements.

It is also brought to your attention that the Contracting Officer is the only individual who can legally comit the Government (i.e., the NRC) to expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual comitments or otherwise bind, comit, or obligate the NRC contractually.

Informal contractual comitments include such actions as:

ORM-87-217 o

PAGE 30 a.

Encouraging a potential Contractor to incur costs prior to receiving a contract, b.

Requesting or requiring a Contractor to make changes'under a contract without fonnal contract modifications.

c.

Encouraging a Coritractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable, and I

d.

Connitting the Government to a course of action with regard to,a potential contract, contract change, claim, or dispute.

L.3 Disposition of Bids After award of contract, one (1) copy of each unsuccessful bid will be retained by NRC's Division of Contracts.

L.4 Nondiscrimination Because of Age (FAR 22.901)

It is the policy of the Executive Branch of the Government that (a)

Contractors and Subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment,' discriminate against persons because of their age except upon the basis of a bonafide occupational qualification, retirement plan, or statutory requirement, and (b) that Contractors and Subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, retirement plan, or statutory requirement.

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ORM-87-217

.o PAGE 31

• ~

L.5 Location of Bid Opening A public bid opening will be held at 2:00 P.M. local time on March 26, 1987 in the Nuclear Regulatory Comission Bid / Proposal room located at the following address:

U.S. Nuclear Regulatory Commission Division of Contracts 4550 Montgomery Avenue, Room 2223 (Second Floor)

Bethesda, MD 20814 L.6 Abstract of Bids The abstract of bids will be completed as soon as possible after the bids have been opened and read, The abstract of bids shall be posted on a bulletin board at the following two locations:

U.S.NuclearRegulatory) Commission Room 2223 (Second Floor 4550 Montgomery Avenue Bethesda, MD 20814 U.S. Nuclear Regulatory Comission Public Document Room 1717 H Street, N.W.

Washington.-DC 20555 L.7 Solicitation Provisions 52.216-1 TYPE OF CONTRACT.

(APR 1984)

The Government contemplates award of a time and materials requirements type contract resulting from this solicitation.

(End of provision)

(R 3-501(b) Sec L (iv))

52.233-2 SERVICE OF PROTEST (JAN 1985)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Division of Contracts; U.S. Nuclear Regulatory Comission; 4550 Montgomery Avenue; Suite 2223; Bethesda, Maryland 20814.

(End of Provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE.

(APR1984) i This solicitation incorporates the following solicitation provisions by reference, with the same force and effect as if they were given in full text.

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) SOLICITATION I

PROVISIONS l

,n.

3 e.

ORM-87-217

~

PAGE 32 Section L

^

52.214-1 SOLICITATION DEFINITIONS--SEALED BIDDING.

(APR1985) 52.214-3 ACKNOWLEDGMENT OF AMENDMENTS TO INVITATIONS FOR BIDS.

(APR 1984) 52.214-4 FALSE STATEMENTS IN BIDS.

(APR1984) 52.214-5 $UBMISSION OF BIDS.

(APR 1984) 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS.

(APR1984) 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS.

(APR1984) 52.214-9 FAILURE TO SUBMIT BID.

(APR 1984) 52.214-10 CONTRACT AWARD--SEALED BIDDING.

(APR1984)(APR1985) 52.214-12 PREPARATION OF BIDS.

Section M Section M - Evaluation Factors for Award M.!

Bid Evaluation a.

Bids in response to this IFB shall set forth full, accurate, and complete information as required herein. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

b.

Award will be made to that responsive, responsible bidder within the meaning of Federal Acquisition Regulation 9-1 whose total hourly rate, as se'. forth by the bidder in the appropriate blank of Page IB of this IFB constitutes the lowest overall evaluated

~

final contract price to the Government based upon the requirements as set forth in the schedule. Bids will be evaluated for purposes of award by first ascertaining the sum of the total amount for each of the items specified on Page IB of this IFB. This will constitute the bidder's " Total Bid Amount."

c.

Bidders must insert a definite price or indicate "no charge" in the blank space provided for each item and/or subitem listed on l

Page 1B. Unless expressly provided for herein, no additional charge will be allowed for work perfomed under the contract other than the unit prices stipulated herein for each such item and/or subitem.

d.

Any bid which is materially unbalanced as to price for the separate items" specified on Page IB of this IFB may be rejected as nonresponsive.

Such an enbalanced bid is defined as one which is based on price which, in the opinion of NRC, are I

significantly less than cost for some work and/or prices that may be significantly overstated for other work.

e.

Separate charges, in any form, are not solicited. Bids containing such charges for discontinuance, tennination, failure to exercise an option, or for any other purpose will cause the bid to be rejected as nonresponsive.

i r.

ORM-87-217 Tschnicci specicities, Inc.

PAGE 33 f.

A preaward onsite survey of the bidder's facilities, equipment.

etc., in accordance with FAR 9.106 may be made by representatives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FAR 9.1 and whether the bidder possesses qualifications that are conducive to the production of work that will meet the requirements, specifications, and provisions of this contract.

Also, if requested by the Commission, the prospective Contractor may be required to submit statements within hours after such request:

(1) concerning their ability to meet any of the minimum standards set forth in FAR 9.104, (ii) samples of work, and (iii) names and addresses of clients, Government agencies and/or commercial firms which the bidder is now doing or has done business with, g.

Notwithstanding Paragraph b above, the award of any contract resulting from this solicitation will be made on an "all or none" basis. Thus, bids submitted on fewer than the items listed on Page1B of this IFB, or on fewer than the estimated quantity will cause the bid to be rejected as nonresponsive.

M.2 Bidder Qualifications and Past Experience

}

Bidder shall list three (3) previous / current contracts for the same i

or similar products / services:

This information will assist the Contracting Officer in his/her Determination of Responsibility. Lack of previous / current contracts for same or similar products / services or failure to submit such information will not necessarily result in an unfavorable Determination of Responsibility.

a.

Contract No.:

Open Market Purchase Order Name and address of Government Agency or Commercial Entity:

U.S. Department of Commerce Washington, D.C.

20230 Point of Contact and Telephone Number:

Art Lathan (202) 377-4765 I

I

t i

ORM-87-217 TOchnical Specic1tiso, Ixc.

PAGE 34 b.

Contract No.:

xmintenance contract 0100032 Name and address or Government Agency or Commercial Entity:

National Rural Utilities Cooperative Finance Corocration 1115 30th Street, N.W.

i

' ~

Point of Contact and Telephone Number:

crace neder-(202) 337-6700 c.

Contract No.:

Open Market Purchase Order Name and address of Government Agency or Commercial Entity:

Department of Justice 10th & Constitution Avenue, N.W.

Washington, D.C.

20530 Point of Contact and Telephone Number:

Kathy Bush (202) 633-3176

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

20-1.5401 Scope and policy.

20-1.5402 Definitions.

20-1.5403 Criteria for recognizing contractor organizational 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 (a) It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of 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 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 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.

MRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance.

The ultimate test is:

Might the contractor, if awarded the con ract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

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

Individuals or firms who have other relatrionships 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 process, NRC.

7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.

520-1.5402 Definitions (a)

" Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be perfomed under an NRC contract which:

(1) Mey diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.

(b)

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

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

(d)

" Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administratior, of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.

Such services typically include assistance in the preparation of program plans; arid preparation of preliminary designs, specifications, or statements of work.

(e)

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

(f)

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

(g)

" Affiliates" means business concerns which are affiliates of' each other whan either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)).

(h)

" Subcontractor" means any subcontiactor of any tier which i

I performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of 510,000 or less.

(i)

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

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7590-01 (j)

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

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

I20-1.5403 Criteria for recognizing contractor. organizational conflicts of interest l

(a) General.

Two questions will be asked in detennining 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 perfonnance of the contract?

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

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

(1) The offeror or contractor shall disclose l

information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:

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

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

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

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

7590-01 (2) The contracting officer may request specific information from an offeror.or contractor or may require special contract provisions such as provided in 5 20-1.5405-2 in the following circumstances:

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

(ii) 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 fom 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 r'lation to its work for the NRC or may otherwise result in an unfa w competitive advantage for the offeror or contractor.

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

(1) Example.

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

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

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

Guidance. An NRC contract for that particular work normally would i

not be awarded to the XYZ Corp because it would te 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, ture would be no reason for considering a waiver of the policy.

(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients.

None of the ARC Corp.

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

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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 l

the contract to preclude the ABC Corp. from subsequently contracting for l

work during the performance of the NRC contract with the private sector l

which could create a conflict.

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

(3)

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

On'ly one manufacturar has extensive experience with that type.of plant.

Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.

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

Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.

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

(4)

Example.

The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.

has advised NRC that it intends to sell the new ystem to industry once its practicability has been demonstrated.

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

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

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

7590-01 (5)

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

In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), ABC Corp. informs the 15tc 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.

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

The work for others clause of 520-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.

(d) Other considerations.

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

s (2)

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

o. that a contract is awarded on a competitive or a sole source basis.

520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.

(b)

Representation procedure.

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

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

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

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

0 4

~-.

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

The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR's20-1.5403(b)(1).

(c)

Instructions to offercrs.

The following shall be included in all NRC solicitations:

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

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

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

(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by s20-1.5404(c), shall result in disqualification of the offeror for award.

The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.

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

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

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

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

rejected as unacceptable.

(e)

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

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

7590-01 i

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

-(a) Purpose.

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

(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual ~. o @(2) nizational, or otherwise) which relate to the work under this contract, and 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 perfomance or participation by the contractor as defined in 41 CFR I 20-1.5402(f) in the actitities covered oy this clause.

(c) Work for others.

Notwithstanding any other provision of this contract, during the tem of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being 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 4

execution of such contractual arrangement.

(d)

Disclosure after award.

(1) The contractor warrants that to I

the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an 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 infonnation, 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 cohtractor 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 Commission based i

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i 7590-01 a

4 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.*

i (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.

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

(f) Subcontracts.

Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms " contract," " contractor," and

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

(g) Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may i

terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be l

permitted by law or this contract.

(h) Waiver.

A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlinec in 520-1.5411.

I20-1.5405-2 Special contract provisions.

(a)

If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a i

waiver in accordance with 520-1.5411, neutralized through the use of an appropriate special contract provision.

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

7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of proouction contracts following a related nonproduction contract previously performed by the contractor; (2)

Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)

Clauses which provide for protection of confidential data and

- guard against 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 i

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

(1)

Follow-on effort.

(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited

~

or unsolicited) which stem directly from the contractor's performance of work under this contract.

Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products i

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

(2)

If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The l

contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in'this subparagraph shall not apply.

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

offering or selling its standard connercial items to the government.

3 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted

' ty an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information.

After evaluating this information agains't the criteria ofi20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.

If it has oeen determined that conflicts of interest exist, then tne contracting officer shall eitner:-

(a)

Disqualify tne offeror from award,

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

520-1.5407 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 620-1.5411, neutralize the effects of the identified conflict.

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

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

I20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.

Upor. the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the ED0 may waive the policy in specific cases if he determines that it is in the best interest of the United States to do s e..

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

(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give risc 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 occuments shall be placed in the Public Document Room. _ - _ _ _ - _ _ _ _ _ _ _

7590-01 520-1. 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. D.Cthis 27th day of March 1979.

For the Nuclear Regulatory Comission 3

A cnuudNCO A Samuel J. Chilk Secretary of the Commission,

9

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i BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS

(

General. The contractor'shall submit vouchers or invoices as prescribed herefn.

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

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

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

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

(a) Payor's name and address.

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

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

(ii) Address 2 copies to:

U.S.

Nuclear Regulatory Commission, ATTN: E. L. Halman, Director.

Division of Contracts, Washington, DC 20555. (iii) The original copy of the voucher should indicate that (2)_ copies have been forwarded to the Contracting Officer.

~

(b) Voucher number.

(c) Date of voucher.

(d) Contract number and date.

(e) Payee's name and address.

(Show the name of the contractor and its correct address, except when an 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.

1

.c '

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

(h)

Charges for freight or express shipments, and attached prepaid l

bill, if shipped by freight or express.

(1)

Instructions to consignee to notify Contacting Officer of receipt of shipment.

(j) Final invoice marked: " FINAL INVOICE"

_ Currency.

Billings may be expressed in the currency normally used by the

-_ contractor in maintaining his accounting records and payments will be made in that currency.

under the contract may not exceed the total U.S. dollars authorized in the contract.

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, :. ean at i.<2 NOTICE OF INTENTION TO MAKE

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4. C.te centtact penorm.a*.e to beten h m..aeee:al Wonth

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! 01 87 S. PLACEts) OF PERFORMANCE

6. SERVICES TO BE PERFORMED (ducruel Washington, D.C. and vicinity On-Call Maintenance of ADP equipment

7. INFORMATION ABOUT PERFORMANCE A. B Services now performed by a B. O services now performed by rederal

c. O senice, not p.e enity being i

contractor employees pe: formed i

S. OF BOX A IN ITEM 7 IS MARKEO. COMPLETE ITEM S AS APPLICABLE

a. Name and address of incumbent contractor

b. Number (s) Of any wage determinationisi in incumbent's :

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Technical Specialities Inc.

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Suitland Maryland 20746 l

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c. Name(s) of union (s) if services are beint; perfonned under col!c. tive bargain-RESPONSE TO NOTICE -

.t ing agreement (s). Important: Attach copies of current applicable collective bar-(by Departm<et of dhuri -

gammg agreements g.

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.c attar h-d wa :e detriminatient s) !

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and classes of employees is in effect.

TYPE OR PRINT NAME

' TELEPHONE'NO.

C O From inforTnation supplied, the Serv-Dons.a M. Umbel, contract Hegotiator 492-4281 ice Contract Act doe > not apply _(ste._..

10 TYPE OR PRINT NAME AND TITLE OF PER$oN TO WHOM RESPONSE IS TO BE SENT AND PeAME atta(hrd explanatioh).

f AND ADORESS OF DEPARTMENT OR AGENCY. SUREAU. OlVi$lON. ETC.

D. O Notice retumed for additionalinfor.

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madon (ser attacht.1 cAplanation).

I U.S. Nuclear Regulatory Commission Division of Contracts. AR 2223 Signed:f,""C T #~~-1.

Washington. D.C.

20555 Fd.s og n-a.tW ' ' t 1987 t

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NOTICE OF INTENTION TO MAKE 3

U.S. OEPAaTMENT & LABOR A SERVICE CONTRACT AND RESPONSE TO NOTICE Employment Seondords Administrosion (Attachment A)

A 1830485 12.CLA55t$ Of SlaviCf EMPLOYEts 10 st EmPLOrto On CONieACT

13. NumBE a O' la NOusty WAGE RATE EMPLOYt ts tHAT WOULD ef j

lN ( ACH CLASS PAID If IE0t# Atty tmPLOvf D Service Technicial 1

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REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT A'**:

m: Calvert (009), Charles (017),

er sweetion et the secretary of W

'OC AT Y mntgcnery (031), Prince Georges (033),

j and St. Mary's (037) Counties s

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VA:

4 Prulo V. Smith waw meter.nanetsen. eer: 80-1294 (Rw.2 5)_

11/19/86 i

Dat=:

Fringe benefit pay.nents f

Vacati9n Hosiday Other I

1.

Secretary V S12.80 l

2.

Secretary IV 10.74 3.

Secretary III 10.06 4.

Secretary II 9.15 5.

Secretary I 8.35 6.

Stenographer II 10.41 1

7.

Setenographer I 9.29 1

8.

Transcribing-machine typist 9.05

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9.

Typist II 7.64 j

10. Typist 1 6.79 11.

File clerk III 8.09

12. File clerk II 6.09

13. File clerk I 5.80

14. Messenger 6.73 j

15. Switchboard operator 6.30

16. Switchboard operator-receptionist 6.96

17. Order clerk II 7.92

18. Order clerk I 7.17 I

19. Accounting clerk IV 9.74 l

20.

Accounting clerk III 8.27

21. Accounting clerk II 7.38

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22. Accotating clerk I 6.15 1

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US. DEPARTMENT OF LABOR page 2 of 6 EtePLOYteENT STANDARDS (AQMINISTRATION WAGE AND HOUR DIVISION WASHINGTON.OI. 20210 state:

SISTRICI' OF COIIM3IA-PRRYIAND-VIIEINTA Tr-h vA REGISTER OF WAGE DETERMINATIONS UNDER

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THE SERVICE CONTRACT ACT

^'ea:

Fo: calvert (009), Charles (017) local Tv ay m, ction et the secretuv of Lano, Pbntgcznery (031), Prince georges (033),

and St. Miry's (037) Counties h

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VA: 5/

V-Aesdnistresor Pruin V. Smith wa,e ostaminauen e.umtwr: 80-1294 (Rev. 2'il D*te: 11/19/86

. g Frings benefit payments g,

Class of service employee hourtF Health &

wage Welfare VacatiP Holiday Other 23.

Payroll clerk

$7.78 24.

Key entry operator II 7.46 25.

Key entry operatir I 6.62 26.

Ctmputer prograrmer III 1/

15.88

27. Omputer prograntner II I/

13.76 28.

Conputer programner I

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12.26 29.

Conputer (perator III 11.09

30. Gmputer cperator II 9.62

31. Otmputer cperator I 8.59

32. Peripheral equipnent cperator 8.14

33. Conputer data librarian 8.72 34.

Drafter V 12.92

35. Drafter IV 10.46 36.

Drafter III 9.12

37. Drafter II 7.14 38.

Drafter I 6.01 39.

Technician III 14.26 40.

Technician II 10.69

41. Technician I 8.42

42. Conputer systems analyst III 1/

18.01

43. Conputer systems analyst II T/

15.49 44.

Conputer systems analyst I T/

12.38 45.

Librarian 10.14 46.

Library worker 8.21 e

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US. DEPARTMENT OF LASOR EaspLovesENT STANOAA05 popspetSTRATION page 3 of 6 wast ANo HOUR DIVISION WASHINGTON.Dr. 20210 State: DISTRICT OP (IIIM1IA-MARYIAND-VIRGINIA DC-PO-VA i

REGISTER OF WAGE DETERMINATIONS UNDER

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to: Calvert (009), Ovirles (017),

THE SERVICE CONTRACT ACT LocALsTY Montgcmery (031), Prince Georges (033),

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Frings benefit payments class of service empiovee nourty Healen a y,c,,,,,

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47.

Proof reader

$7.40 i

48. 'Ibchnical illustrator 10.59

49. Typist-file clerk 7.24

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50.

Photoccpy nachine cperator 6.95

51. Cartographic technician 9.12

52. Word Processor II 9.25

53. Word Processor I 7.80 54.

Receptionist 6.62

55. Exhibits specialist III 12.92

56. Exhibits specialist II 10.46 57.

Exhibits specialist I 9.12 1

58.

Illustrator III 12.92 i

59.

Illustrator II 10.46 l

60.

Illustrator I 9.12 61.

Photographer III 12.92 10.46 i

62.

Photographer II

)

9.12 63.

Photographer I

64. Technical information specialist III 12.92 i

65. Technical information specialist II 10.46

66. 'luchnical information specialist I 9.12 l

10.95 67.

Registered industrial nurse

68. Mitcorological technician / weather observer.

8.42 69.

Mail clerk 5.80 5.80 70.

'Ibst proctor l

71.

Training technician (learning resources center) 7.46 l

6.90 72.

laboratory technician

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U2.OEPARJteENT cF tASOR Page 4 of 4 EtsPLOYetENT STANDARDS ADattNISTRATION w

Mr.YDN D. 2oa staie:

District of Coltsrbia-Marylarwi-Virginia tr-M)-VA REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT m: Calvert (009), Charles (017),

toc Atir y er eswection et the secretarv et Latiot Pentgomery (031), Prince Georges (033),

and St. Mary's (037) Counties a

8 s

""-Laa sese Paula V. Smith wage

• termination.unitier:

80-1294 (Tiev. 25) lcate; 11/19786 8 "wr tenefi 33.yments u,,,,,,,,,,,,

l Class of sesvae employee

,,,,,Y llealth &

Vacation lloliday Other wage wegga,e i

Frirwje benefi'ts applicable to classes of servim enployees engaged in contract performinae:

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3f 4f If Ibes not apply to enployees enployed in a bona fide executive, administrative or professional capacity as defired arul delineated in 29 071541. (See 29 CHI 4.156).

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S.59 an hour or $23.6n a week or $1n2.76 a mon e-h.

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2 weeks paid vacation af ter 1 year of servim with a contractor or successor; 3 weeks after 5 years; and 4 weeks af ter 15 years. tength of servim incitales the whole span of continuous servi with the present (successor) contractais, wiw se ver enployed,. uni with pretbeessor contractors in the performance of similar 1

work at the same Federal facility. (See 29 CPR 4.173).

4/

9 paid holidays per year: New Year's (by, Washington's Birthday, Menorial Day, Independence Day, f. abor Day, (bbmbus Day, Veterare' Day, 'Ihanksgiving Day and Christmas Day. (A motractor may stbstitute for any of l

the named holidays another day off with pay in accordance with a plan commmicated to the enployees involved).

l 5/

Arlirgton (013), Fairfax (059), Fauquier (061), King George (099), toudoun (107), Prince Williant (153) arvi Stafford (179) (bunties; and the Irulependent Cities of Alexarviria (201), Fairfax (267) and Falls Oturch (217).

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Date

" /."' a o a=s-unge Detaminaties *sl1M94 rw t i-s If employees are re(mired to wear uniforms l'a the pfenm of s.

maamm== A11muenoes this contract (either by the terms of the Government contract, by the employets by state or local law, etc.), the cost of furnishing such uniforts and main-himing (by laundering or dry cleaning) secte uniforms is an expense that may

'not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination.

The Department of Iabor yll.1 accept l

l payment in accordance with the following standards as compliances i

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms withoet cost or to reimburse employees for the actual cost of I

the uniforms.

In addition, where uniform cleaning and maintenance is made theresponsibility of the employon, l

all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide

/

y collective bargaining agreement providing for a

, different amount, or the furnishing of contrary affirmative proof as to actual cost), reimburse all i

employees for such cleaning and maintenance at a rate Ikneever, is e

l of 53.35 a week (or 67 cents a day).

those instances where the uniforms furnished are made of " wash and wear" materials, may be routinely washed and dried with other personal **

j garments, and do not require any special treatment such as dry cleaning, daily washing, or aa==arcial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement.

that employees be reimbursed for uniform maintenames.

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costs.

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, e,. cr Pa9e6ob6 Wage Determinatioy Q0-1294 (Rev.

25) 11-19-86 4

5015:

The contracting of ficer shall require that any class of service employee which is not listed herein and which is to be employed i

under the contract (i.e., the work to be perf ormed is not per-formed 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 skill comparison) between such unlisted classifications and the classifications listed in the wage determination.

Such conformed class of employees shall be paid the monetary wages and f urnished the fringe benefits as are determined.

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 conf orming action, including inf ormation regarding the agreenent 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 of ficer no later than 30 days af ter such unlisted class of employees perf orms any contract work.

The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent inf ormation including the position of the con-tractor and the employees, to the Wage and Hour Division, i

Onployment Standards Ackninistration, U.S. Department of i

Labor, f or review.

(See section 4.6 (b) (2) of Regulations

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7FAINING TIrHNICIAN (Learning Resources Center)

Statenent of Duties and Responsibilities SugEavISOu Ca-S Works under the General Supervision of the Chief Training Division. Within the franework of established policies and procedures, carries out work assigrrnents with a high degree of independence. Completed actions are reviewed for consistency of program objectives and effectiveness of overall results.

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d'ATOR DUTIES Forrulates policy and procedures and a6dnisters the milita:y trainino and education progra:ns for the Conmander, US Army Engineer Center & Fort Belvoir (USAIC & FB) supporting HQ, USAEC&FB, and all subordinate military ele;nents located at Fort Belvoir. Prepares policy and procedures in final written form as regulations, circulars, or memorandtans.

1.

Manages quotas for Department of the Arny (DA), Training and Doctrine Ccrrand (TRADOC), and other major otrriands and services. This includes requesting quotas and the distribution of requested and allocated quotas to pemanent party and tenant activities. Cbnducts training sessions and briefings for training coordinators on school quota management and atinistra-tive recuirenants. Responsible for conducting surveys to determine installa-tion school requirenents for TRADOC courses Army Iogistic Managernent Center (AUC), and Arry Management Engineering Training Activity (ATIA) courses.

Surveys subordinate ard tenant units on leadership course quota requirements annually or as directed. Verifies subnitted school packets for ccrnpleteness and forwards then to proper authorities. Coordinates with Engineer School Brigade (ESB) to ensure ocrnpleteness of packets and accuracy of information.

Prepares school requests for processing. Ensures that school quotas requested and orders are prepared timely and accurately. Assures that all interested ccrrunds and agencies are informed of any changes in allocations, such as changes in reporting dates, cancellations of classes or quotas previously approved, so as to preclude short falls and unnecessary expendi-tures of goverment funds. Prepares quarterly reports, such as input for the Ccrrnanding General's review and analysis. Prepares monthly briefings and/or status reports concerning the number of quotas allocated. Applies detailed knowledge of pertinent regulations governing enlistment, relist:nent i

personnel assigrunents, and the enlisted Military Occupational Specialty DOS)

Special Qualifications Identifiers (SOI) Skills Qualification Test (Sgr) structure in decisions on requests for school quotas. Cbnfirms school gtotas for civilian ernployees requesting TBADOC, AIbC, and ATrA courses.

Reviews D4 Form 1556 for empleteness and accuracy, and forwards completed form to appropriate schools and information copy to Civilian Personnel Office.

2.

Initiates, formulates, develops, and reviews training directives, policy statments ard studies pertaining to service schools.

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2 MOOR DWIES (Cont'd) 3.

Develops, maintains and nonitors the budget and projected expenditures plan for 814771.0000 funds for tarnporary duty (TDY) travel and per diem costs of all military and schools of other services. Budgeting and recording of the budget is acocznplished in accordance with the Army Manage-ment Structure. Responsible for detemining appropriate funding in accordance with up-to-date finance regulations for TDY and return. Travel cost must be determined to be in the best interest of the govensnent.

Ensures that 7DY orders are processed through proper channels.

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