ML20209H400
| ML20209H400 | |
| Person / Time | |
|---|---|
| Issue date: | 04/15/1987 |
| From: | Hagan T NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), TRANSWALL CORP. |
| To: | |
| Shared Package | |
| ML20209H393 | List: |
| References | |
| CON-FIN-B-4160, CON-NRC-10-87-203 NUDOCS 8705040005 | |
| Download: ML20209H400 (50) | |
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NRC-10-87-203 Aoril 15.1987 RFPA AnM_R7.9n't l s. essut o ov l 6.aoedimeTi.mEp ov rir.me. a see.i ss l
U.S. Nuclear Regulatory Commission Division of Contracts Washir.gton, D. C. 20555
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>U.S.NuclearRegulatorf65,mi>>iun U. S. Nuclear Regulatory C6Hil siun ATTN: Mr Richard Iselin, Project Officer Financial Operations Branch, ARM 11555 Rockville Pike. Rockville, Md 20852 Washington, D.C. 20555 sa.gu4 om:Tv rom uses.c oTwEn Tnam ruct Ano ceE= CoeseETs. 34. ACCouwTsees Asso Aspeopa:Avsoes DATA B&R No. 43-20-26-320 APPN: 31X0200.407 iouSC 23osan i ai u S C. 2sa"" ' FIN. B-4160 AMOUNT: $300.000.00 f 15A ITEM NO 158 SUPPLIES /SERveCES ISC. OUANTITY ISO. UNrf 15E. UNIT PRICE ISF. AMOUNT The Nuclear Regulatory Commission accepts Transwall Cor ) oration's offer under RFP No.
RS-ADM-87-203 to provide a Demountable Wal 1 System for 1RC Consolidation . Transwall 1
Corporat ion's proposal dated April 3,198T and letter s abmiss- on dated A )ril 10,1987 '
- are hereby incorporated into this contract by reference. This is an inc ementally funded f ixed price requirements type contract.
. Estimated i 1SG. TOTAL AMOUedT OF CONTRACT > $1,44 / ,4 l b . D0
- 16. TABLE OF CONTENTS VilSECl OE SCRIPTION lPAGE tsi VI l$EC l OESCRePTION lPAGE LSI PA AT e - THE SCHEouLE pam? II- CoNTR ACT Ca' Austs X A SOLICeT ATION/CONTR ACT FORM l Yl 1 l CONTRACT CLAUSES i25 A 8 SUPPLIES OA SERVICES AND PmeCES/ COSTS 2 PAmT sie - Last or coCuesENTs. E NMeesTS Apeo oTHE R ATT AC++
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X C DESCRIPTION / SPECS /WOmet STATEWENT 8 XlJ l tiST OF ATTACwMENTS I3U
, X 0 PACE AGING AND ManEeNG 17 past av- mEmmEsENTATecas Amo ensTauCTeows Y E eNSPECTeON AND ACCEPTANCE '7 K MEPRE SE NT ATIONS. CE RTiF sC AT IONS AND y F DELIVERIES Om PERFORMANCE "1 OTHE R STATEMENTS OF OFFEmOMS Y C CONTRACT ADMINISTRATION DATA lQ L eNSTRS .CONOS.. ANO NOT CES TO OF FEmOms Y M $8ECIAL CONTRACT REOUIREMENTS 22 M EVALUAT8ON F ACTORS FOm AWARD CONTRACTING OfflCER will COMPL ETE ITEM 17 OR II AS AMLICAct E a7 CowvRACTon s NEcoTeATEo AanEf enEnT se ,e., e . en. d., ..t s v...
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8705040005 PDR CONTR 870415 ~
NRC-10-87-203 PDR i
s NRC-10-87-203 Page lA
- 1. Section B.3, " Consideration and Obligation is completed to read as follows:
6.3 Consideration and Obligation
- a. The total estimated amount of this contract (ceiling) for the !
products / services ordered, delivered, and accepted under this i contract is $1,447,415.60. The Contracting Officer may unilaterally l 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
$300,000.00. 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 amoun; 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 %1 tractor hereunder shall equal the obligation amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken g by the Contractor in excess of the obligation amount specified above g is done so at the Contractor's sole risk.
- 2. Sectior. F.1.A " Place of Delivery" is completed to read as follows:
El . A Place of' Delivery The items to be furnished hereune r shall be delivered, with all transportation charges paid by the contractor to:
U.S. Nuclear Regulatory Comission Contract No. NRC-10-87-203 11555 Rockville Pike Rockville, Maryland 20852
- 3. Section F.2, " Duration of Contract Period" is completed to read as follows:
F.2 Duration of Contract Period The ordering period for this contract shall comence on the effective date of this contract and end on April 14, 1992. Any orders issued during this period shall be completed within the time specified on the order, unless otherwise specified herein. (See 52.216 Ordering (APR 1984) and 52.216 Requirements (APR 1984).
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NRC-10-87-203 s
Page 1B
- 4. Section G.I.a. " Project Officer Authority" is completed to read as
! follows:
, a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
f Name: Richard Iselin, MNBB 8707 Address: 7735 Old Georgetown Road Bethesda, Maryland 20852 Telephone Number: (301)492-4090
- 5. Under Part II - CONTRACT CLAUSES,Section I. Delete Clause 52.216-21 REQUIREMENTS (APR 1984) -- Alternate III in its entirety and substitute the following in lieu thereof:
52.216-21 REQUIREMENTS. (APR1984)
(a) This is a requirements contract for the supplies or services specified, and effective '.~0r 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 provide, if the Government's requirements do not result in orders in the quantities i l
described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
l (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 I 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 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 l extent as if the order were completed during the contract's effective period; j provided, that the Contractor shall not be required to make any deliveries under !
this contract after May' 14,1992.
(End of clause)
(R 7-1102.2(b) 1966 0CT) ,
RS-ADM-87-203 Page 13
, .6 Fabric: Guilford of Maine, "Donegal Tweed".or NRC approved equal.
Color and material will be selected by the NRC P.O.
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- c. Fabrication:
.1 Fanels: Flush hollow-unit construction, 2-i" to 2-5/16" thick, minimum 20-gauge steel facing sheets, smooth and free of buckles, oil canning effect, and seams. Reinforcing members shall be provided and attached to inside surface of panel. Perimeter edges of each panel shall be enclosed with metal.
Panels shall interlock with adjacent panels or use internal vertical supports to ensure secure, rigid joints. Provide integral glazing recesses for glass where required for glazed openings.
Each panel unit shall be constructed with an integral, invisible hanging system with vertical slotting at panel sides for mounting hang-on systems furniture. Slotting shall be 1" to 11" on center and continuous for solid portions of panel heights. The Contractor shall coordinate with the Haworth furniture components to ensure absolute compatibility.
All solid portions of panels shall be capable of receiving field replaceable fabric or vinyl wa11 covering.
.2. Panel Joint Fillers: Neoprene gasket or other acceptable flexible non-hardening gasket material shull be fonned to fill reveal at adjoining panel seams and shall be maintained continuously for full height of solid partition.
.3 Base: Cont-inuous, prefinished, recessed " snap-on" type, nominal 31" to 4" high, adjustable for up to 7/8" in floor variations, and easily removable for access to electrical raceways inside of a base. Provide concealed floor channel as required, with light and sound seal at floor.
Recessed base raceways shall be an integrated part of the panels and attached such that they have minimal floor clearance and such that they provide bottom-edge protection from maintenance equipment. The raceways shall have room for two 25-pin connectors side by side. These raceways shall be constructed to accomodate comunication wiring and computer cables, and shall be designed to
, facilitate wire management and future maintenance and adaptability; i.e., there shall be an open channel that provides for cables to be laid in. The base trim shall have access (knock-outs) for communications cabling, to accept both coaxial and l telecommunications wires. The base wire raceway shall be at a l
, single level, providing a continuous, straight cable run that avoids electrical outlets and other obstructions.
- To provide for additional capacity, the wall system shall have a recessed, continuous, raceway at the top of the unitized panels of ,
similar size and design, to the base compartment. l l
RS-ADM-87-203 Page 14
.4 Field Joints: Concealed pull-up splice at field joints, shall be provided to ensure rigidity and alignment.
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.5 End Fillers: Minimum 20-gauge double steel end fillers shall be of same construction as panels. The fillers shall be of individual sheets to provide for lay-in vertical wiring. The filler panel shall be secured to adjacent, full-size panel and shall fit neatly into channel or other suitable member scribed and spring loaded or otherwise fastened to abutting fixed wall, window mullion and/or base. These fillers shall provide a seal against light and sound l transmission.
.6 Door Units: Welded construction, framed units which are readily
' interchangeable with panels of like sizes, shall be provided.
I .7 Door Frames: Frames . shall be of cold rolled, welded steel (18 gauge minimum), vertically adjustable to suit floor irregularities, with continuous cushioned sound seal stop at strike jamb and at head. Mortise and reinforce frames to receive and retain required hardware and to stiffen frame. Pivot hinges shall be provided as an integral part of the door frame unit. Top pivot shall be incorporated within the frame head. be Bottom pivot shall
- - cantilevered from bottom of frame, and shall not be attached directly to the floor.
Heads of frames shall be reinforced to receive surface-mounted door closers whether or not such closers are indicated.
.8 Finishes (1) Paint -
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Factory-applied system of manufacturer's standard primer over cleaned steel and not less than one coat (2 mil minimum) of baked on finish enamel over prime coat on all !
visible and exposed metal surfaces. Provide hard, finished surfaces of uniform color and texture.
- Contractor shall submit samples of color and finish gloss for selection and approval by the NRC P.O.
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Concealed surfaces shall be finished with manufacturer's standard prime coat or other protective coating.
.9 Glazing: Glass shall be set in vinyl glazing strips for firm ,
retention and tight seal and to permit easy removal and l reinsta11ation without damage. Loose glazing stops and exposed !
screws are not acceptable.
.10 Connectors and Accessories: Connectors, fasteners, and accessories required for secure, complete and finished installation of movable, i unitized metal partition system shall be provided.
RS-ADM-87-203 Page 15
.11 Sound Control: Units shall have been tested by a recognized independent laboratory for sound transmission, in accordance with ASTM E-90, developing Sound Transmission Class (STC) as follows:
STC: Solid Panels - not less than 40.
Test results shall be submitted to NRC P.O.
.12 Structural: The assembled system, including both solid and glazed partitions shall support a laterally applied unifonn load of 10 psf with a maximum deflection of L/120. It shall resist routine impact loads including closing door, without causing detrimental movement in floor or ceiling or partition finishes. (Certification of ICB0 shall be provided as proof of compliance.)
.13 Movable unitized partition system shall accept vertical movement of 7/8" due to potential deflection in the finished floor of ceiling caused by live loads.
.14 The assembled system shall have a minimum of one, one and one half inch (li") channel to be provided between insulation material and the edge of the panel, with top and bottom access to the ceiling and base raceway. A junction box and plate shall be provided in the bottom raceway. This channel will be used to direct comunication and computer cabling to base service outlets.
Final layouts will determine the exact number and location of these junction boxes and plates. However, it is estimated that one )
junction box, coverplate, and attaching hardware will be required ,
for each ten (10) lineal feet of demountable wallt. l
- d. Installation
.1 Partitions shall be installed after floor coverings and suspended acoustical ceiling grids have been installed. The successful bidder shall coordinate partition installation with work of other building or construction trades which may be affected by the partition installation. All necessary precautions shall be taken to avoid damage to any installed work.
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.2 Damaged or defaced partitions shall be repaired or replaced with new work, as acceptable to NRC. Defaced partition components shall be completely refinished or replaced at no cost to the government with factory-finished materials.
.3 Concealed non-destructive anchoring devices shall be furnished and installed to secure partitions to floor, ceilings, and walls.
.4 The Contractor shall wash down walls and glass upon completion of '
installation.
.5 Concealed supports shall be provided, to assure lateral i stability of partition runs, taking care not to reduce the movability of the partition system.
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4 RS-ADM-87-203 Page 16
. 6 Continuous and positive seal shall be installed, to prevent light and sound transmission at -partition contacts with floor, ceiling, wall, and other abutting surfaces.
. 7 Hardware shall be adjusted and doors shall be left in proper operating condition.
. 8 At the end of each day, all cartons, and other debris - shall be removed from the site. This work shall be coordinated with the NRC representatives.
. 9 Deliveries shall be made directly to the building site at Rockville Pike and Marinelli Drive. A loading dock is provided behind the building with access to a freight elevator. Although limited warehousing capabilities may be available at the site, NRC will not accept responsibility for the product until completion of installation, inspection and acceptance.
. 10 Every effort will be made by NRC to inform the contractor regarding the progress of construction and proposed installation milestones.
In no event, however, shall any additional storage or carrying costs be billed during the delivery and installation process.
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RS-ADM-87-203 Page 17 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 comon carrier and safe delivery at i destination. Containers and closures shall comply with the Interstate l Commerce Comission Regulations, Unifonn Freight Classification Rules, or ;
regulations of other carriers as applicable to the mode of transportation. i On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
D.2 Movable unitized metal partition components shall be delivered skidded, cartoned or crated to provide protection during transit and job storage.
Cartons and crates shall be marked so as to identify contents and staging location within the building.
Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
E.2 Acceptance Inspection Acceptance: Upon completion of the movable partition installation of each floor, the work shall be inspected jointly by NRC and the contractor.
Deficiencies and corrections will be noted. The contractor shall arrange for imediate repair or changes at no additional cost to the government and provide a schedule not to exceed 30 days to the NRC P0 as to when remedial
- action will occur. -
Section F - Deliveries and Performance F.1.A Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the contractor to: i U.S. Nuclear Regulatory Comission !
! Contract No.
- 11555 Rockville Pike Rockville, Maryland 20852 4
- To be incorporated into any resultant contract.
F.1.B Delivery Schedule The contractor shall provide up to 2000 lineal feet of demountable walls and associated hardware 30 days following receipt of the first and and all subsequent delivery orders.
- Following issuance of each order, NRC reserves the right to extend the delivery schedule for that order to a maximum of 30 days at no additional I
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RS-ADM-87-203 Page 18 cost to the Government. During this delay period, the contractor will be responsible for any interim storage.
NRC will apprise the contractor of delivery requirements, based upon actual completion of construction, and will coordinate delivery and installation in cooperation with all parties responsible for the construction project.
If delays are encountered beyond the 30 day period noted above, the government will use its best efforts to avail the contractor of space in the building for the contractor to temporarily store deliveries of demountable walls and associated hardware.
F.1.C Deliverables A. Product Data: Within two weeks of the effective date of the contract, the contractor shall submit manufacturer's detailed materials, fabrication specifications, installation instructions and seven (7) maintence manuals to the P.O.
B. Samples: Within two weeks of the effective date of the contract, the contractor shall submit seven (7) samples of each required metal finish and color to the P.O. These samples shall be of the same materials and construction that will be used in partition assemblies.
C. Warranties: Within two weeks of the effective date of the contract, the contractor shall submit one (1) copy of all warranties and guaranties to the P.O.
D. Certifications: The Contractor shall submit, within 30 days of contract award, written certification of test results identified in Section C.1.2.1. If the results are not available within that period, they shall be submitted as soon as they are available but not later
. than the. delivery and installation of components under the first Delivery Order.
E. Drawinjs: The Contractor, when requested, shall submit five (5) sets oT sTiop drawings, including one reproducible set, to the NRC Project Officer for fabrication and erection of metal partition assemblies, indicating relationships to adjacent construction.
F. Delivery Orders: The typical process for issuance of a delivery order will be as follows:
- Step 1. PO transmits floor plan (5) to Contractor Step 2. Contractor coordinates the requirements with Haworth, Inc.
Step 3. Contractor prepares preliminary shop drawings, elevations and details within seven (7) days and delivers to the P.O.
Step 4. P0 reviews drawings and returns comments to contractor within three (3) days.
Step 5. Contractor prepares and delivers final shop drawings to P0 including quantity takeoffs and other specifications within seven (7) days.
Step 6. P0 issues Delivery Order for fabrication and installation of i
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RS-ADM-87-203 Page 19
'. i demonountable walls. Orders may be placed through written telecomunications. Work shall be completed within thirty (30) days of the issuance date of the Delivery Order.
F.2 Duration of Contract Period The ordering period for this contract shall comence on the effective date of this contract and end on * . Any orders issued during this period shall be completed within the time specified on the order, unless otherwise specified herein. (See 52.216 Ordering (APR 1984) and 52.216 Requirements (APR1984).
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 performance and recomending to the Contracting Officer changes in requirements.
- 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 recommendations for approval, disapproval, or suspension.
- c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
- To be incorporated into any resultant contract.
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RS-ADM-87-203 Pag 2 20 G.2 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies) to:
U.S. Nuclear Regulatory Comission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555 or (2) The date the supplies are accepted by the Government.
(b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of these supplies in accordance with the terms of the contract.
(c) If the supplies are rejected for failure to conform to the technical requiremerts of the contract, or for damage in transit or otherwise,
- the provisions in peregreph (is) ur this clause will apply to the new delivery of replacement supplies.
(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.
G.3 Invoice Requirements invoices shall be submitted in an original and 4 copies to:
U.S. Nuclear Regulatory Comission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555.
To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
(1) Name of the business concern and invoice date.
! (2) Contract number or other authorization for delivery of property or services.
j (3) Description price and quantity of property and services actually j delivered or rendered.
l (4)Shippingandpaymentterms.
RS-ADM-87-203 Page 21 (5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.4 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.
(b) Determinations of interest due will be 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 terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.
G.5 Remittance Address If item 15c. of the Standard Fonn 33 has been checked, the offeror shall l ,
enter the remittance address below.
i l Name:
Address:
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G.6 Method of Payment l i
l (a) Payment under this contract will be made by wire transfer through the i I
! Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of
$25,000 or less.
(b)Within seven cays after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments.
l In the event that the Contractor's financial institution has access to
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- RS-ADM-87-203 Page 22
, i the Federal Reserve Connunications System Contractor shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications 4 System, Contractor shall complete all items except item 4.
- 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 i 5. Telegraphic abbreviation of Contractor's financial institution
- 6. Account number at Contractor's financial institution if it receives electronic funds transfer messages through the Federal Reserve Comunications System
- 7. Name and address of the correspondent financial institution if the Contractor's financial institution does not receive electronic funds transfer messages through the Federal Reserve Comunications System
- 8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds
- 9. Telegraphic abbreviation of correspondent financial institution
- 10. Signature and title of person supplying this information (c) Any changes to'the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to .
1 avoid payments to erroneous bank accounts.
i Section H - Special Contract Requirements H.1 Contractor Organizational Conflicts of Interest (0MB Clearance Number I 3150-0112) l l
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this clause.
RS-ADM-87-203 Page 23 8
(c) Work for Others. Notwithstanding any other provision of this contract, during the tem of this contract, the Contractor agrees to forgo !
entering into consulting or other contractual arrangements with any firm cr i organization, the result of which may give rise to a conflict of interest l with respect to the work being perfomed under this contract. The l 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 i employee that any proposed consultant or other contractual arrangement with 4 any fim or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer
- prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not
' have any (organizational conflicts of interest, as defined in 41 CFR 20-1.5402a).
(2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it j .
shall make an immediate and full disclosure in writing to the i
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 infomation.
(1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 i (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(i) Use such information for any private purpose until the infomation has been released to the public; j (ii) compete for work for the Connission based on such l 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 infomation until one year after the release of such infomation 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.
l
, RS-ADM-87-203 i Page 24 (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. l (f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor " and
" Contracting Officer " shall be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above prescriptions or for
- intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad fai th ,- the Government may teminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be 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 outlined in 520-1.5411.
- H.2 Comercial Wa'rranty-Notwithstanding the provisions of the " Inspection" clause of this contract, the contractor agrees that the items delivered under this contract shall be l covered by the same warranties as the contractor customarily offers in
! connection with the sale of these items on the commercial market. In the i event that differing warranties covering these items are customarily offered to other purchasers by the contractor, it is agreed that such warranties shall apply to this contract as are available to the contractor's most favored purchaser.
H.3 Government Furnished Property / Materials - None Provided.
The Government will not provide any property / materials, notwithstanding any provisions of the specification (s) to the contrary.
l i
l
RS-ADM-87-203 Page 25 l
PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.216-18 ORDERING. (APR1984)
(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 the effective date of this contract through 5 years thereafter.
(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 telecomunications only if authorized in the Schedule.
(Endofclause)
(R 7-1101 1968 JUN) o g =
l
RS-ADM-87-203
, Page 26 52.216-19 DELIVERY-ORDER LIMITATIONS. (APR 1984)
(a) Minimum order. When the NRC requires supplies or services covered by this contract in an amount of less than one floor of wall components, the NRC is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.
(b)Maximumorder. The contractor is not obligated to honor:
(1) Any order for a single item in excess of 2000 lineal feet '
i of wall components to be delivered within 30 days. !
c (2) Any order for a combination of items in excess of 2000 lineal feet i of wall components to be delivered within 30 days. i (3) A series of orders from the same ordering office within 5 days that, taken together, call for quantities exceeding the limitation in sub-paragraph (1)or(2)above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisitions Regulation (FAR)), the NRC is not required to order a part of any one requirement from the contractor if that ;
requirement exceeds the maximum order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the bidder's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the NRC may acquire the supplies or services from another source. 1
, (e) Notwithstanding paragraphs (a) through (d) above, the contractor shall '
. - honor any order for " attic. stock" without impact to the minimum or maximum order ;
limitations for wall components.
(End of Clause)
(R 7-1102.1(a) 1965 AUG) .
I (R7-1102.2(a))
(R7-1102.3(a))
I 52.216-21 REQUIREMENTS. (APR1984)--AlternateIII. (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 provide, if the Government's requirements do not result in orders in the quantities described as " estimated" or
" maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or 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 ,
i Government may issue orders requiring delivery to multiple destinations or '
performance at multiple locations. ;
, , , , , , - - - . - . - -,. - - - , , .- , , - , , - - - - - - - - - , - . ~ - , - - - , , - , , , - , . . . , ~ ~ - , , - - - , , , - -
RS-ADM-87-203
- Page 27 (c) The Government's requirements for each item or subitem of supplies or services described in the Schedule are being purchased through one non-set- aside contract and one set-aside contract. Therefore, the Government shall order from each Contractor approximately one-half of the total supplies or services specified in the Schedule that are required to be purchased by the specified Government activity or activities. The Government may choose between the set-aside Contractor and the non-set-aside Contractor in placing any particular order. However, the Government shall allocate successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is reasonably practicable between the total quantities ordered from the two Contractors.
(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 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 l as if the order were completed during the contract's effective period; provided, j that the Contractor shall not be required to make any deliveries under this contract after . !
(Endofclause)
(R 7-1102.2(b) 1966 OCT)
(R7-1102.2(b)(4)1966OCT) l
\
52.233-3 PROTESTAFTERAWARD(JUN1985) l (a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by, written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall innediately comply with its tems and l take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--
(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of I this contract; and i
, (2) The Contractor requests an adjustment within 30 days after the end of l
the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.
RS-ADM-87-203 2 Page 28 (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the temination settlement. -
(d) If a .stop-work order is not canceled and the work covered by the order is terminated .for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasoncble costs resulting from the stop-work order.
(e) The Government's rights to teminate this contract at any time are not affected by action taken under this clause.
(EndofClause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)
",, This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
I.FEDERALACQUISITIONREGULATION(48CFRCHAPTER1) CLAUSES Section E
+
52.246-2 1 SPECTION OF SUPPLIES--FIXED-PRICE. (JUL 1985) 52.246-15 CERTIFICATE OF CONFORMANCE. (APR1984) 52.246-16 PESPONSIBILITY FOR SUPPLIES. (APR1984)
Section F 52.247-34 F.O.B. DESTINATION. (APR1984) g Section I
.'- - '52.202-1 52.203-1 DEFINITIONS. (APR 1984) 0FFICIALS NOT TO BENEFIT. (APR1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENI.hT AGAINST CONTINGENT FEES. (APR1984)
. 52.203-6 RESTRICTIONS ON SU9 CONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.210-7 USED OR RECONDITIONED MATERIAL, ESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY.
'52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984)(APR1984)
! 152.215-2 AUDIT--NEGOTIATION. (APR1984) 52.215-22~ PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (APR l 1984) 52.215-24 SUBCONTRACTOR COST OR PRICING DATA. (APR 1985) 52.215-25 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS. (APR 1985) 52.215-33 ORDER OF PRECEDENCE. (JAN1986) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN 1985) 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSIN2SS SUBCONTRACTING PLAN. (APR1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR1984) l l
,,-....,n, -, . , . - - , . - --- -. ,,,- - .. ,. -.- -- , . - . , - , . , ~r .,, e
RS-ADM-87-203 Page 29
. i 52.222-1 F.0TICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT. (APR1984) 52.222-26 EQUAL OPPORTUNITY. (APR1984) 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS. (APR 1984) 5 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) l 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(APR1984) 52.223-2 CLEAN AIR AND WATER. (APR1984) l 52.225-3 BUY AMERICAN ACT--SUPPLIES. (APR1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR1984) 52.227-3 PATENT INDEMNITY. (APR1984) 52.229-3 FEDERAL, STATE,ANDLOCALTAXES(APR1984) 52.232-1 PAYMENTS. (APR1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (JUL 1985) 52.232-11 EXTRAS. (APR1984) 52.232-17 INTEREST. (APR1984) 52.232-22 LIMITATION OF FUNDS. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) 52.233-1 DISPUTES. (APR1984) 52.237-2 PROTECTION OF GOVERNMENT BUILDIN35, EQUIPMENT, AND
. *'EGETATION.
. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR1984) 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN1986) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).
(APR 1984) 52.249-8 DEFAULT (FIXED-PRICESUPPLYANDSERVICE). (APR 1984) 52.203-7 ANTI-KICKBACK PROCEDURES (FEB 1987)
RS-ADM-87-203 Page 30
. 4 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 3 Prototypical Workstations Drawings S
O M i
1 PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy. 1 20-1.5402 De:finitions. l 20-1.5403 Criteria for recognizing contractor organizational ;
sonflicts of interest. . l 20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause. '
20-1.5405-2 Special contract provisions. l 20-1.5406 Evaluation, findings, and contract award. ;
20-1.5407 Conflicts identified after award. J
, 20-1.5408 (Reserved) i l
20-1.5409 (Reserved) 20-1.5410 Subcontractors. l 20-1.5411 Waiver. ;
20-1.5412 Remedies. l i
AUTHORITY: Sec. 8 Pub. L.95-601, adding Sec.170A to Pub. L. !83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Connissionto av 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. NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if. awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest pule contained in this subpart applies l ter contractors and offerors only. Individuals or firms who have other relat'ionships 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 i 7590-01 t
agreements with-other government agencies, international organizations, or state, local or foreign governments; separata procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
120-1.5402 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 performed under an NRC contract which: (1) May 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 fonnulation or j administration of its programs, projects, or policies which nonnally 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 i
plans; arid preparation of preliminary designs, specifications, or statements of work. -
(e) " Contract" means any contract, agreement, or other arrangement j with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, finn, 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 when either directly or indirectly one concern or indi~ idual v
controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR I1-1.606-1(e)).
(h) " Subcontractor" me,ns any subcontractor of any tier which performsworkunderacontrac,withtheNRCexceptsubcontractsforl supplies and subcontracts in mounts of $10,000 or less.
(i) " Prospective contra: ar" or " offeror" means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel t , (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or. unsolicited, to the NRC to obtain a contract.
~
1 7590-01 s
(j) " Potential conflict of interest" means that a factual situation i exists that suggests (indicates) that an actual conflict of interest may i I
arise from award of a proposed contract. The tem " 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 i
officer for investigation if they arise during contract performance.
I 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in determining 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 NRC? (2) May the contractor be given an j
unfair competitive advantage based on the performaace of the contract?
The ultimate determination by NRC as to whether organizational conflicts )
of interest exist will be made in light of common sense and good business judgment based upon the relevant facts disclosed and the work to be performed. 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 pey particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation i 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 i
]
conflicts of interest. (1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational l
l conflicts of interest under the following circumstances:
i j (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 aren to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.
(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.
i
7590-01 (2) The contracting officer may request specific information from I an offeror or contractor or may require special contract provisions such i as provided in 520-1.5405-2 in the following circumstances: ;
(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information
. not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its. judgment l may be biased in relation to its work for the NRC or may otherwise !
result in an unfair competitive advantage for the offeror or contractor. ;
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example. - ,
The XYZ Corp., in response to a request for proposal (RFP), proposes to f 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 j manufacturer.
i Guidance. An NRC contract for that particular work nor1nally would I
not be awarded to the XYZ Corp. because it would be placed in a position j
in which its judgment could be biased in relationship to its work for i NRC. Since there are other well-qualified companies available, there j would be no reason for considering a waiver of the policy.
l (2) Example. The A8C Corp., in response to a RFP, proposes to l perform certain analyses of a reactor component which are unique to one j type of advanced reactor. As is the case with other technically qualified
- companies responding to the RFP, the'A8C Corp. is performing various projects for several different utility clients. None of the ABC Corp.
l projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified !
company to perform the work outlined in the RFP.
1
~
-4
. 7590-01 s
Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with _whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decihions 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 proposa'l for a new system for evaluating a specific reactor component's perfomance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage tha6 might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such infomation is generally available to others. Further,.the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
I 7590-01 1
(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
$20-1.5403(b)(1)(1), A8C Corp. informs the NRC 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 normally 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 teru !
of the NRC contract which could create a conflict of interest. '
l (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of ;
j a contract.
(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 invol' ed, v or that a contract is awarded on a compet'itive or a sole source basis.
I20-1.5404 Representation (a) The following procedures are designed to assist'the NRC contracting i officer in determining whether situations or relationships exist which l may constitute organizational conflicts of interest with respect to a !
particular offeror or contractor. l l
j (b) Representation procedure. The following organizational '
conflicts of interest representation provision shall be included in all
- solicitations and unsolicited proposals for
- (1) Evaluation services or ,
l
. activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational l.
j conflicts of interest provisions are noted in the solicitation and would l
- be included in toe resulting contract. This representation requirement '
j shall also apply to all modifications for additional effort under the ;
i contract except those issued under the " changes" clause. Where, ho*#ver, l a statement of the type required by the organizational conflicts os
! interest representation. provision has previously been submitted with
- regard to the contract being modified, only an updating of such statement I i shall be required. ,
l e e
,-,----n-,,. - - - , - - , ,,,.-,------,,,,...___,--._..,-n.__ ,_._-,..,,..v,_,_,._ , . ,.._m__n,v..,n,_wn. ..~,_na..,--,en , . - , . _ , - .
75k-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'I20-1.5403(b)(1).
(c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed irdicates 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 detemines 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: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 1 20-1.5411.
(2) The refusal to provide the representation required by i20-1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(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 l 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 offerers, the proposal must be rejected as unacceptable.
(e) The c.feror's failure to execute the representation required by subsection (b) above with resper.t to invitation for bids will be considered to be a minor informality, and the offeror will be pemitted to correct the omission.
I 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause l
i 7590-01' l l
! All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
i (a) Purpose.
ensuring that the contractor: The primary (purpose of this clause is to aid in1) Is not pla because of current or planned interest (financial, contractual, organizational, ,
or othemise) which relate to the work under this contract, and (2)
- does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
I (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR s 20-1.5402(f) in the actitities covered by this clause.
I (c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfomed under this contract. .
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if
- any, under this contract abide by the provision of this clause. If the
- contractor believes with respect to itself or any such employee that any
, proposed consultant or other contractual arrangement with any fim or organization may involve a potential conflict of interest, the contractor
! shall obtain the written approval of the contracting officer prior to i execution of such contractual arrangement.
i (d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth l
in this contract, it does not have any organizational conflicts of l 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 l i imediate and full disclosure in writing to the contracting officer.
I This statement shall include a description of the action which the l contractor has taken or proposes to take to avoid or mitigat,e such l conflicts. The NRC may, however, terminate the contract for convenience i
if it deems .Jch temination to be in the best interests of the government.
1 (e) Access to and use of information. (1) If the contractor in the perfomance of this. contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which-has not been released to the public, the cohtractor agrees not to: (1) Use i
- such released information to the public; for any(private purpose ii) compete until.
for work the Comission for the informationbased has been
-H-
____y .-_ __ ._ _. . .. _ _.
7590-01 f
4 on such informati~on for a period of six (6) months after either the completion of this contract or the release of such infonnation 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.*
1 (2) In addition, the contractor agrees that to the extent it i receives c- 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 infonnation under this contract, the
! contractor shall treat such information in accordance with restrictions l Placed on use of the information.
$ (3) The contractor shall have,. subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met, t
- (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 terminate the contract for default, disqualify the contractor from l subsequent contractual efforts, and pursue other remedies as may be i pennitted 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 (E00) in accordance with the procedures outlined 1
in120-1.5411.
- 120-1.5405-2 Special contract provisions.
1
! (a) If it is determined from the nature of the proposed contract l that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a
, waiver in accordance with 520-1.5411, neutralized through the use of an
- appropriate special contract provision. If appropriate, the offeror may l negotiate the tenns an'd conditions of these clauses, including the extent and time period of any such restriction. These provisions include
- but are not limited to
i _. _ -._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ .
7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of production contracts followinig a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; i
(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 l guard against its unauthorized use. ,
(b) The following additional contract clause may be included as section (1) in the clause set forth in s 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i) 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 l or services of another firm if the contractor has been substantially I involved in the develo9 ment or marketing of such products or services.
(2) If the co 1 tractor under this contract prepares a complete or essentially complete statement of work or specifications, the contfactor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in'this subparagraph shall not apply.
(3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard comercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the re,..esentation requirements of 520-1.5404(b) and other relevant information. After evaluating this information agains*t the criteria of J 20-1.5403, 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 l interest exist, then tne contracting officer shall eitner: ,
P
, (a) Disqualify,tne offeror from award, t
~
5 7590-01 l
(b) Avoid or eliminate such conflicts by appropriate measures; or
- (c) Award the contract under the waiver provision of 520-1.5411. f I
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified j 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 j contract as provided in.the clauses required by 520-1.5405, the contracting '
officer will take every reasonable action to avoid, eliminate, or, after ,
obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit'a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
I20-1.5411 Waiver i
In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting i officer with the advice and concurrence of the program office director i
and the Office of Executive Legal Director. Upon the recomendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
l 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; l l
- (2) the work cannot be satisfactorily perfortned except by a contractor whose interests give rise to a question of conflict of interest; and (3) I 1 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.
1
- I
1 7590-01
' 1 620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinaton. D.C this 27th day of Ma'rch 1979.
For the Nuclear Regulatory Commission 5%
. Samuel . Chilk Secretary of the Comission i
r e
h
~12-
4 BILLING INSTRUCTIONS FOR FIXED PRICE i
CONTRACTS AND PURCHASE ORDERS i i
General. The contractor shall submit vouchers or invoices as prescribed herein.
Form. Claims shall be submitted on the payee's letterhead, invoice or on t5e'T,overnment's Standard Form 1034 "Public Youcher for Purchases and Services Other Than Personal " and Standard Form 1035 "Public Voucher for
' Purchases Order Other Than Personal -- Continuation Sheet." These forms 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.
i
_ Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be initialized. It must include the following:
(a) Payor's name and address. (f) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission. Division
' of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Section's, Washington, DC 20555. (ii) Address 2 copies to: U.S.
Nuclear Regulatory Commission, ATTN: E. L. Halman, Director, Division of Contracts, Washington, DC 20555. (if f) The original copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer. i (b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
I
! (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 j,
insert the name and address of the payee.)
(f) Description of articles or services, quantity, unit price, and total amount.
i i
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i (g) Weight and zone of shipment, if shipped by parcel post.
(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.
(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. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
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