ML20210C242

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Contract: Local Telephone Svc for Region V Headquarters, Awarded to Pacific Bell
ML20210C242
Person / Time
Issue date: 09/09/1986
From: Hagan T
NRC OFFICE OF ADMINISTRATION (ADM), PACIFIC BELL
To:
Shared Package
ML20210C218 List:
References
CON-FIN-B-8568, CON-NRC-32-86-338 NUDOCS 8609180293
Download: ML20210C242 (30)
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Text

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e. RE Ovesa t SON /puRCH Ast REQvEST/ PROJECT NO.

fiRC-32-86-338 10/1/85 RG5-86-338 s.issuEO ev l .. A O M,N,s u RE O.,,u o,,e,,ea.es ,,,m 3, l U.S. Nuclear Regulatory Comission Division of Contracts Washington, D.C. 20555 7, N AM E A N D A D D R E s s 0, C O N T a AC T O R,r,. a,,,,.,,,,,,ou e, n, 3,e,, en,, Co,,, .. OE u vE R v Pacific Bell FOB OAIGIN OTHE A tsce nclou s 156 2nd Street t O'sCou~T Oa aaOuai aAvME~1 ATTil: Lora Cortwrights Room 300 San Francisco, CA 94105 to SUBMIT INVOICES j' TEM e4 toonen unirsa other-u..e wecit.eds TO THE 12 CODE F ACILiTV CODE ADD AET,5 SHOWN IN

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. COD.E l SEE SECTI0fi F U.S. fiuclear Regulatory Comission ORM/Div. of Accounting and Finance GOV /COM Accts s Washington, D.C. 20555 3 3. AUTHORITYTOR U$aNG OTHE R TMAN F ULL AND OpfN'COWE TI 'BdcYovNTd3Gf0'O AppROPRs AT*ON DAdPPfi f40 T'ON-a A FIfi 88568 31X0200.956 @ o U S C 2saicie 1, to u S C 23oucit i ISA ITEM NO 158 SUPPLIES /SE AVICES ISC OUANTITY 150 UNIT ISE UNIT PAICE 15F AMOUNT SEE SECTI0ft B 1 8609180293 860909 I PDR CONTR NRC-32-86-338 PDR 1 I 15G. TOTAL AMOUNT OF CONTA ACT > s55,000.00 l

16. TABLE OF CONTENTS W lSEC l OE SCRIPTION lPAGE ISI Vi l$EC l DESCRIPTION lPAGE t$

PART e - THE SCHEDULE PART 16 - CONTR ACT CLAUSES X A SOLICITATION /CONTR ACT FOAM i l Xl 8 l CONT A ACT CLAUSES l 13 X 8 SUPPLIES OR SE PVICES ANO PRICES' COSTS 2 PAR T OII - LtST OF OOCUMENTS, ExHiseTS ANO OTHER ATT ACH. C OESCRIPTION/ SPECS /WOAK STATEMENT Xl J l LIST OF ATTACHMENTS

  • I 15 X

0 PACK AGING AND MARKING 4 PART sv - REPRESENTATaONS AND INST RUCTIONS X E IN$PECTION AND ACCEPTANCE 4 K REPAESENTATIONS. CE ATIFICATIONS AND X F DE LtVE AIES OA PERFORMANCE 4 OTHE A ST ATEMENT4 OF OF FEROAS i X G CONTR ACT ADMINISTRATION DATA 4 L INSTRS. CONDS. ANO NOTICE S TO OF FliRORS X H SPECI AL CONTR ACT AEOUIREMENTS 9 u t V ALU ATION F ACTO AS FOR AWARD i CONTRACTING 0ffICER wili COMPLETE ITEM 17 OR 18 AS APPlICABL E 27 CONT R ACTOR'S NEGOTIATED A R E E M E N T (Con trac tor as cc 88. AW ARD #Conteettor sa nos reguered to sean than document i vou. rere3 to engn thea document and return copeen to annunne ottee on $osscetateon NumDee foeta 'C r (tnere.s to f uenssa and othvee an seems oe peef oem als the see, offset i % te ctPe ageoe eces set se eaantet.ee acove and on say continuation sneets see gne enciuoeng the aceitoons or changes mace Dv you wn.cn aceitoons or enanges consideeltoon stated nerein. t he e.gnis one cDiegateens of sne caetees to ines see set voeth en fun aeove..s neeen, acceptec as to tne sterns hsted aDove anc i en any contenuation sneets Tn.s awaea consummetes tne coateact wnace coa cMteact snart De suosect to and goveened Dv the tonoweng occurrents: (a) enes tests of tne tohowong cocuments tai the Government's schestatron anc vou* ew'el/cInteact, (Og ene soucetation. a8 any, and (c) such penseseens. eeotesenta-of fee, and (D) Inst awaeo/ contract. sw f urtnee contractuae document es neces-teens. cirtreecations, ano specitacations. as are attacned or encorporated Ds sar y. reteenc3 nerein. (A frechmenta are lasted herran ; e 19A. N AME AND T s TLE OF $1GNE R (Type or prent) 20A. NAME OF CONT R ACTING OF FICE R 198. ME OF NTRA On 4 9C.O ATE ssGNED 20e eTEO ST ATE 'M N cA i, 20C.DAT sag EO '/ av Mlh b h av e,u' n.,uee.F,e re.n.u...r .d.. a..n, l3g -= 7., a. n...ee,,n,...e O ca r, NSN F5403152 4049 26 107 STANDARO FORid 26 htE v. a st; PREVI.U$ EOlfION UNUSAOLE Prescesced Dv G5 A F AR (a8 CF N) S3.2]s(4)

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2 15 NAadE OF OFFEROR OR CONT A ACTOR ITEM NO. $UPPUEs/SE RVICES OUANTITY UNIT UNIT PRICE AMOUNT Section B - Supplies or Services and Prices / Costs B.1 Description of Work The Contractor shall provide local telephone service for NRC's Region V office at the following location: U.S. Nuclear Regulatory Comission 1450 Maria Lane, 210 Walnut Creek, CA 94596 The Contractor shall provide these services in accordance with the following California Public Utilities Comission (CPUC) tariff: CPUC AS.2.1 The telephone exchanges covered under this contract are: 1. Teleticket Machine Line (415)934-6190 2. Radiotelephone (415)891-1814, 891-1770, 891-1860 3. Foreign Exchange Line (415) 825-8900 4. Outgoing Service (415)944-7081 i l l 3"d','n'n'1 %.a I'.^",0.^."," 'a"" *" " " ' " * > " ~ ' " e cPo 1983 0 341 526 (90$0) FAR (48 CPRI S3.111

..0-._..... CONTINUATION SHEET NRC-32-86-338 3 15 "". r" OF OFFE ROR OR CONTR ACTOR DAGES ITEM NO. SUPPLIES /SE RVICES OUANTITY UNIT UNIT PRICE AMOUNT 5. Incoming Service (415) 943-3700 6. Incoming Wats 800-368-9587 7. Incoming Wats 800-468-5128 The estimated cost for this service is as follows: $4,583.00 per month x 12 months = $55,000.00 I I f i F I l TOTAL ESTIMATED AMOUNT... 555,000.00 i t i I susaste464s.tes. cost 84 109 PREvlOUS EDITION USAat.E STANDARO FORM 38 IREv. thal eCP0 t 1M3 0 - 3st-126 (9030) kAY('48 CR .333

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( ( Page 4 8.1 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below. Name: Address: Section D - Packaging and Marking - None applicable Section E - _ Inspection and Acceptance - None applicable Section F - Deliveries and Performance F.1 Duration of Contract Period The period of performance for this contract shall commence on October 1, 1985 and end on September 30, 1986. F.2 FAR Citations Section G - Contract Administration Data G.1 Technical Direction A. Performance of the work under' this contract shall be subject to the technical direction of the NRC Project Officer named in Section G. of this contract. The term " Technical Direction" is defined to include the following: 1. Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain Ifnes of inquiry, fills in detafis or otherwise serves to accomplish the contractual scope of work. 2. Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work 1 description. i 3. Review and where required by the contract, approval of i technical reports, drawings, specifications and technical informa tion to be delivered by the Contractor to the Government under the contract. t

-._ - w.~.- x ~=" ( ( ~ Page 5 8. Technical direction must be wf thin the general scope of work l 3 stated in the contract. The Project Officer does not have the iI authority to and may not issue any technical direction which: i 1. Constitutes an assignment of additional work outside the general scope of the contract.

I 2.

Constitutes a change as deffned in the clause of the' General Provisions, entitled " Changes." 3. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance. i 4. Changes any of the expressed

terms, conditions or specifications of the contract.

C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING 8Y THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WR WITHIN TEN (10) WORKING DAYS AFTER YERBAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer. The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the - manner prescribed by this article and within such person's authority under the provisions of this article. I f, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in 8(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in j j writing within five (5) working days after the receipt of any such instruction or directJon and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropria te contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the. Changes Clause. D. Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract. E. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes." . ~

.a g ( Page 6 G.2 Project Officer A. The individual (s) listed in "8" below is (are) hereby designated [ as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result. in an increase in contract cost; or terminate, settle any clafe or dispute erfsing under the contract, or issue any unflateral directive whatever.. The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recomending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resciution of . technical problems encountered during performance. Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit recomendations for approval, disapproval, or suspension for supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the l contract. For guidance from the Project Officer to the Contractor to be i ) valid, it must: (1) be consktent with the description of work set forth in the contract; (F) not constitute new assignment of work or change to the expressed

terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated.above, (4) not l

constitute a basis for any increase in the contract cost. 8. Name and Mail Code: Edward Frigi11ana 3 Office Address: U.S. Nuclear Regulatory Comission d 96 Telephone Number: nut e (415)463-3865 D i l O +--+wn.~, ew.4 w,we, s-..n...n--,nn,,,,-._m._n--.w.ns.,, ,w,...~,.n,_.--,.--n,-_-,.--w_.,_--,-,.--,._-.--..-.-,.,

Page 7 k G.3 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of: l (1) The date of actual receipt of a proper invoice (original and 4 copies)to: U.S. Nuclear Reguistory Commission i 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 l with the terms of the contract. 4 (c) If the supplies are rejected for failure to conform to the i technical requirements of the contract, or for damage in transit i or otherwise, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies. (d) The date of payment by wire transfer through the Treasury Financial Communications Systems shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less. G.4 Invoice Requirements i l Invoices shall be submitted in an original and 4 copies to: U.S. Nuclear Regulatory Connission l 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. l (2) Contract number or other authorization for delivery of property or services. (3) Description price and quantity of property and services actually delivered or rendered. N

..a-Page 8 (4) $ hipping and payment terms. 1 (5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment fs to be 4 sent. ~ (6) Other substantfating documentation or fnformation as. required by the contract. G.5 Jnterest on Overdue Payments (a) The Prompt Payment Act Pub 1fc Law 97-177 (96 STAT. 85, 31 USC 1801) is applicabie 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 Cirevlar A-125 provides that: (1) Interest pena'1 ties are not required when payment is delayed t because of a disagrtement 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 appifcable on the payment date. Interest will i be computed from the day after the due viate through the i payment date. ~ l G.6 CONSIDERATION The present estimate for performing the work under this contract is $55,000.00. The total amount oblig m d is $55,000.00. The ooligational ceiling specified above may be in:reased by the Contracting Officer frarr. time to time by( written notice to the contractor. When and if the amount s paid and payable to the contractor hereunder equal the ceiling, the contractor shall be excused frort further performance of the work (except to meet existing comitments and liabilities) unless and until the Contracting Officer increases the amount obligated under this contract. If and te the extent that such ceiling has been increased, any costs incurred by the contractor in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had beer. incurred af ter such increase in the ceiling. i i --~--m .., - - -. - - - - -, - - -. - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - -

C C-Page 9 Section H - Special Contract Requirements H.1 Contractor Organizational Confilets 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 confl.icting 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 perfonnance of this contract. t (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. (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 finn or organization, the result of which may give rise to a conflict of interest with respect to the work being perfonned 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 finn or organization may involve a potential confilet of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contracgal a rrangement. i i 4 4 9 ---,-,,,,-.,---,---,-,-r, ,,.---,-,,.,n- ,-,,n_,- - - - ,--.-rr-

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( Page 10 (d) Disclosure after award. (1) The Contrac' tor 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 ismediate 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, tenninate 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 obt'ains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the Contractor agrees not to: (1) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information,until one year after the release of such infonnation 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 protect'ed by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical, business, or financial f i i 1

N a A,. 1 ( Page 11 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 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 igly 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 coretract.

(h) Waiver. A request for waiver under this clausa 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. H.2 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Comunications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less. (b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments. In the event that the Contractor's financial i institution has access to the Federal Reserve Communications System, Contractor shall complete all f tems except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4. 1. Name and address of organization 2. Contact person and telephone number 3. Name and address of financial institution 4. Contractor's Financial institutions's 9-digit ABA identifying number for routing transfer of funds

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^ ( Page 12 5. Telegraphic abbreviation of Contractor's financial institution 6. Account number at Contractor's financial institution if it receives electronic funds transfer messages thrnegh-the 4 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 Communications System 8. Corrvspondent financial institution g-digit. ASA identifying number for routing transfer of funds 9. Telegraphic institution . abbreviation of correspondent financial 10. Signature and title of person supplying this information (c) Any changes to the infonmation 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 i i changes promptly to avoid payments to erroneous bank a-1 p i i t 1 ) i _ _ - _ ~ _... _,. _,.. _..-_._._,,.__~,__,_,.,.,,_-.,_.,,,,...-.._..__,,~._,,_..___...,...%.,r_.

.s. a. w.% 22 - ....am I m f, Page 13 i PART II - CONTRACT CLAUSES ~ Section I - Contract Clo ses ( Rates. Charges and Services (a) The Services and facilities furnished hereunder with all applicable tariff, rates, charges, rules, regulations or requirements (1) lawfully established by an appropriate governm regulatory body; and (11) applicable to service and facilities subscribers; or at rates, terms and condition furnished or offered by the Contractor to the general public or subscriber; or at rates, terms and cor.ditions of service as may agreed upon subject, when appropriate to jurisdiction of an l be appropriate governmental regulatory body.,For any se vices whi-h furnished, the Government shall be charged at the lowest rank a under the most favorable terms and conditions for s i facilities offered to any other customer.. 1 i (b) The Government may discontinue the use of any service or facil t i furnished hereunder at any time. shall pay to the Contractor all charges fpr seUpon discontinuance, the G adjusted to the effective date of discontinuance.rvices and facilities l (c).If at any time the Government defers or changes its order the services hereunder but doet + not cancel or terviinate them. deferred or modified shall be equitably adjusted the applicable tariffs filed by the Contractor with deferral or change o if no tariffs filed by the Contractor with the regulatory connissi j are in effect, by' written agreernent between th i on Contractor. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the

  • Disputes
  • l clause.

(d) When the use of service or facilities furnished 6y the Contractor is interrupted due to any cause other than the negligence or willful act i t of the Government, an adjustment of the monthly charger involved shall i be made for the service and facilities rendered inoperativc by reason i of the interruption. The adjo:stment to the mcnthly charoe shall be to accordance with the appifcable tar,1ff. i i Tariffed Charges (APR 1984) l The Contractor way pass through to the Covernment an thc-ease in tariff i prices for those elenents of tariffed service provided by a regulated carrier, if the charge has been separately (Jentified in the price i schedules. If payment is required for any tariffed charge shich was not i separately identified in the price schedules, the Government shall deduct I-such amount from payments to the Contractor. l 1 I ( i

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2. FEDERAL ACQ)1S'1130N REGt'LAT10N (48 CFR CHAPTER 1) CdJES 52.82-2 CLA53ES IflCC3PORA[EC BY REFER?NCE.

(APR1964) This co'itnet im:orporates the followlag 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 fv11 text anilable. Tectier E Section F 52.212-13 ITOP-WOPX OPDER. (APR1984) i Section I l 52.232 5 FAYMENTS UNDER COMMUNICATION SERVICE CONTRACT 52.202-1 DEFINITIONS. (APR 1984) 52 703-3 0FFICIALS N0' TO BENEFIT. (APR1984) 52.203-3 3RATUITIES. (APR1984) 52.203 5 IC0VENANT AGAINST CUNTINGENT FEES. 52.206-3 CONFLICis. (ADR 1984) (APR 1934) 1 52.215-1 EXAMINATIO4 Of RECORDS EY COMPTROLLER GENERAL. UTILIIATION OT SMALL BUSIAESS CCNCERNS AND 52.219 0 DISADVANTAGED BUSINESS CONCERNS. (JUN1985) 52.220-3 IITILIZAT10n 0F LABOR SURPLUS AREA 'CONCCRNS. (APR 1984) 52.222-26 ECUAL 0FFORTUNITY. (APR3984) 52.222-35 AFFIIMATIVE ACTION TOR SPECIAL DISABLED AAD VIETN WETERANG (APR 1984) 52.222-36 AtTIRMATIVE ACTION FOR HANDICAFFID 410R(E'tS (A"R E0.229-4 FEDERAL. STATE. AND !OCAL TAXES (WONCOMPETITE (AFR 19S4) 52.229-5 TAXES--CONTRACTS FERFORMED IN U.S. FOSSESi, IONS OR PUERTO RICO. (APR 1984) 57.232-12 CXTRAS. (APR.1984) 52.232-17 INTE/ TEST. 52.232 23 ASSIGNMENTO(APR1985) J F CLf!MS. (APR1984) 52.235-1 OlSPUTES. (APR 1984)--Alternate I. (app.1984) fi2.243-1 CHANGES--FIXED-PRICE. (APR 1984) t 52.244-1 SUBCONTRACTS (FIXE 0-PRICE CONTRACTS) (APR 1985) 52.244-E COMPETITION IN SU8CONTFACTING.(APP 1964) 4 52.249-4 TERMINATION FOR CONVENIENCE OF THE GCVERNMENT (SERVICES) (SHORT FORM).(APR 1984) 52.249-8 DEFAULT (FIXED-Pk!rf S!!PPLY AflT SEPVICE). (APR 1964) 1 ~ I t i - - - - ~ ^ ~

J 1. . a. (- j s t Page 15 PA8tT III - LIST OF DCCLMENTS, EX8181TS, AND OTHER ATTACNMENTS Section J - List of Attachments Attach _eent number Tit 1e 1 NRC Orgenfration Chart 2 NRC Contractor Organfrational Conf 1fets of Interest (41 CF2 Part 20) 3 81111ng Instructions O e k i e e I f 4 e ] D -_........,,,.__-..-,._,,,-,--,,,.,_....,,,m_,_,___..., - - _. -,. ~. - - - -, _ _ -,,.

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~, 1.;. 9 c, g, .. _...: 2.m. .. /.. c, a_ v :. v ; ~ -~. -. _... ,.,,u....._ N PART 20-1 -- GENERAL S[ Subpart 20-1.ii4--Contractor' Organizational Conflicts of Interest .t Sec. .cfi ' 20-1.5401 Scope and policy. ~M 20-1.5402 Definitions. TW 1.540.3 Criteria for recognizing contractor organizational .tl sonflicts of interest. 20-1.5404 Representation. .. mc .R G 20-1.5405 Contract clauses. i 20-1.5405-1 General contract clause. i S' 20-1.5405'2 $pecial contract provisions. .. f,. 20-1.5406 Evaluation, findings, and contract award.. 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Reserved) i 20-1.5410 Subcontractors. 20-1.5411 Waiver. j . 20-1.5412 Remedies. ' AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec. 170A to Pub. L. . "3 83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 1i 120-1.5401 Scope and Policy. 1 (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Connissionto u<. 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 s V. contract award. .h (b) Contractor conflict of interest determinations cannot be made 9 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 , 1 to satisfy the overall public interest. It is not possible to prescribe Aa 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 '@y to guide application of the policy. NRC contracting and program officials

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-: N must be alert to other situations which may warrant application of this ,.,.1 policy guidance. The ultimate test is: Might the contractor, if awarded I the contract, be placed in a position where its judgment may be biased,, or where it may have an unfair competitive advantage? i (c) The conflict of interest rule contained in this subpart applies tarcontractors and offerors only. Individuals or firms who have other i l 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 1 i -~m.,--,,,S .-~--,n,,,-,-,-.

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Mwi2. ...a. q 7590-01 'j ~ r. 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. I20.1.5402 Definitions V -(a) " Organizational conflicts of interest" means that a relationship 9 exists whereby a contractor or prospectiire contractor has present or. Planned interests related to the werk to be performed under an NRC contraet which: (1) May diminish its capacity to give impartial, technically 'q sound, objective assistance and advice or may otherwise result in a 'a biased work product, or (2) may result in its being given an unfair p competitive advantage. (b) "Research" means any scientific or technical work involving y ,vj theoretical analysis, exploration, or experimentation. (c)

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

l (ii) " Technical consulting and management support services" means i ,t internal assistance to a' component of the NRC in the formulation or I administration 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 i services typically include assistance in the preparation of program j plans; arid preparation of preliminary designs, specifications, or = statements of work. l p1 I (a) " Contract" means any contract, agreement, or other arrangement l with the NRC except as provided in Section 20-1.5401(c). (f) " Contractor" means any person, firm, unincorporated association. l joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives. l directors, key personnel (identified in the contract), proposed consultants y y4 or subcontractors, which is a party to a contract with the NRC. (g) " Affiliates" means business concerns which are affiliates of ~ 'i each other when either directly or indirectly one concern or individual f controls or has the power to control another, or wher, a third party Q controls or has the power to control both (41 CFR I1-1.606-1(a)). I '. ( h )' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for l supplies and subcontracts in amounts of $10,000 or less. (1) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or + affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, l submitting a bid or proposal, solicited or unsolicited, to the NRC to cbtain a contract. ]. I t.

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I (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may iWn arise from award of a proposed contract. The tem " potential conflict 4d of interest" is used to signify those situations which merit investigation ,j prior to contract award in order to ascertain whether award would give 4 C rise to an actual conflict or which must be reported to the contracting Yn officer for investigation if they arise during contract performance. ' $ f.g 5;f 5 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest a 4!, y' (a) General. Two questions will be asked in detennining whether actual or potential organizational conflicts of interest exist: (1)Are ,,7 there conflicting roles which might t+. a contractor's judgment in

"y relation to its work for the NRC?

(?) F the contractor be given an unfair competitive advantage based r tN performance of the contract? The ultimate determination by NRC ar. t whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based.upon the relevant facts disclosed and the work to be ) perfonned. While it is difficult to identify and to prescribe in advance-l a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC 1.', personnel will pay particular attention to proposed contractual requirements "l which call for the rendering of advice, consultation or evaluation ,j activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and j f} i research programs, ij'M (b) Situations or relationships which may give rise to organizational 1 N conflicts of interest. '(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational y' conflicts of interest under the following circumstances: i m iQ (i) Where the offeror or contractnr provides advice and recomendations N to the NRC in a technical area in which it is also providing consulting assistance in the same area to any organization regulated by the NRC. '(:' t cMJ (ii) Where the offeror or contractor provides advice to the NRC on l. the same or similar matter in which it is also providing assistance to j f;M any organization regulated by the NRC. i (iii) Where the offeror or contractor evaluates its own products or I services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or j, 'i marketing. l (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 l i result in an unfair competitive advantage for the offeror or contractor. 1 I' __._,__._.,_,___r--.___

7'. 3' , y. (, m aMai.c.y.4 t .e a:%;:(,-L umi im 2.w*.i:id% ,~ ~ % -- / G . a. :.. :,:... ) .~ 7590-01 s, k (2) The contracting officer may request specific information from y an offeror or contractor or may require special contract provisions such + 4 as provided in s20-1.5405-2 in the following circumstances: (1) Where the offeror or contractor prepares specifications which q.! are to be used in competitive procurements of products or. services 3 covered by such specifications. i i[ (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. ~ l3 (iii)Wheretheofferororcontractorisgrantedaccesstoinformation. not available to the public concerning NRC plans, policies, or programs ^ ~ y which could form the basis for a later procurement action. q' (iv) Where the offeror or contractor is granted access to proprietary information of its competitors. l., i l (v) Where the award of a contract might otherwise result in placing the offeror or contractor. in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. .1 (c) Policy application guidance. The following examples are -i illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example. l The'XYZ Corp., in response to a request for proposal (RFP), proposes to 1 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 i?- manufacturer, i e l 2 Guidance. An NRC contract for that particular work nomally would not be awarded to the XYZ Corp. because it would be placed in a position 3 { # in.which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there j would be no reason for considering a waiver of the policy. -u (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 [ M companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. ,, V. 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. f i i ,4 t t } 1 j

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., ~ ; t. ~ ~ a .... a. - k. . 2.wh :w. g 7590-01 n . a E-Guidance. An NRC contract normally could be awarded to the ABC c, Corp. because no conflict of interest exists which would motivate bias J, M with respect to the work. An appropriate clause would be included in ' * 'l. the contract to preclude the ABC Corp. from subsequently contracting for G work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded k from the performance of similar work for the company developing the s ,',' > ;I advanced reactor mentioned.in the example. (3) Example. As a result of operating problems in a certain type i @/.1 of connercial nuclear facility, it is imperative that NRC secure specific ,i data on various operational aspects of that type of plant so as to l assure adequate safety protection of the public. Only one manufacturer l My? has extensive experience with that type of plant. Consequently, that i 'd company is the only one with whom NRC can contract which can develop and i conduct the testing programs required to obtain the data in reasonable q time. That company has a definite interest in any NRC decisions that 1 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 i with particular attention to the establishment of protective mechanisms w to guard against bias. ,1 (4) Example. The ABC Co. submits. a proposal for a new system for .{N evaluating a specific reactor component's performance for the purpose of .[d 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 l. ', s 7 its practicability has been demonstratr:d. Other companies in this business are using older systems for evaluation of the specific reactor l 1 component. e le Guidance. A contract could be awarded to the ABC Co. provided that

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the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information / Q [.u has been reported to NRC. Information which is reported to NRC by contractors ",2 M will normally be disseminated by NRC to others so as to preclude an i-1 01 unfair competitive advantage that might otherwise accrue. When NRC l6y furnishes infonnation to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless i- 'l such information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the i contract is proposed to be used. ,_. n - =- =. =...

~, +;. <, L,.9, : w f g fL w ~ = =~u 2 = =~w ~ K J 7590-01 .%j 3,3 ',? (5) Example. The ABC Corp.. in response to a RFP proposes to N' V,, i assemble a map showing certain seismological features of the Appalachian - fold belt. In accordance with the representation in the RFP and 120-1.5403(b)(1)(1), ABC Corp. infoms the NRC that it is presently ,y doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated w , f) by the NRC study.

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Guidance. The contracting officer would nomally conclude that "Y award of a contract would not place ABC Corp. in a conflicting role

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where its judgment might be biased. The work for others clause of 5 20-P, 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 >q conflicts arising from the perfomance of a contract is not relevant to a detemination of the existence of such conflicts prior to the award of ,r 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 involved, j or that' a contract is awarded on a competitive or a sole source basis. ' f, 520-1.5404 Representation -] (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which ,...W may constitute organizational conflicts of interest with respect to a h particular offeror or contractor. (b) Representation procedure..The following organizational conflicts of interest representation provision shall be included in all (? S'K solicitations and unsolicited proposals for: ' (1) Evaluation services or ,y activities; (2) technical consulting and management support services; Q (3) research; and (4) other contractual situations where special organizational conflicts of interest pr.ovisions are noted in the solicitation and would dA be included in toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the

  • 'f contract except those issued under the " changes" clause. Where, however, a statement of the type required by the organizational conflicts of i.qh interest representation provision has previously been submitted with M1 regard to the contract being modified, only an updating of such statement
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1 s w 0 7.q, 7 a. ,s ..___.m._._... - -, - - % a..... ;. m ; .t m m - 7590-01 y in kJ ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION

.q..j I represent to the best of my knowledge and belief that:

4G The award to of a contract or the modification of an s '. 4:dg existing contract does ( ) or does not ( ) involve situations oi relationships > :[O) of the type set forth in 41 CFR 5 20-1.5403(b)(1). . my (c) Instructions to offerors. The following shall be included in ,.y$]. g. all NRC solicitations: (1) If the representation as completed indicates ,, i that situations or relationships of the type set forth in 41 CFR 'TM 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise ,~py 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 13 officer. If the contracting officer determines that organizational ' Q conflicts exist, the following actions may be taken: (1) Impose appropriate .i conditions which avoid such conflicts, (ii) disqualify the offeror, or j (iii) determine that it is otherwise in the best interest of the United d States to seek award of the contract under the waiver provisions of' if 5 20-1.5411. .h J:j (2) The refusal to provide the representation required by 5 20-l.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 N award. The nondisclosure 'or' misrepresentation of any relevant interest ,3 may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the 7 i, resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other 1 remedial actions provided by law or the resulting contract. 'g? l lb.7 (d) The offeror may, because of actual or potential organizational da conflicts. of interest, propose to exclude specific kinds of work from iU the statements of work contained in a RFP unless the RFP specifically 'D prohibits such exclusion. Any such proposed exclusion by an offeror tp will be considered by the NRC in the evaluation of proposals. If the 4 J ? NRC considers the proposed excluded work to be an essential or integral . h5 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 -{g rejected as unacceptable. (e) The offeror's failure to execute the representation required ^W-by subsection (b) above with respect to invitation for bids will be [ ! considered to be a minor informality, and the offeror will be permitted l to correct the omission. 5 20-1.5405 Contract clauses 1 1 5 20-1.5405-1 General contract clause 7-i

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. % s m..;. ~ a ; " - "'ous-3 ti .j 7590-01 w [." All contracts of the types set forth in f20-1.5404(b) shall include' wj the following clauses: w ? (a) Purpose. The primary (purpose of this clause is to aid in1) Is not placed ensuring that the contractor: because of current or planned interest (financial, contractual, organizational, yd 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. U (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR .9-5 20-1.5402(f) in the actitities covered by this clause. '/; (c) Work for others. Notwithstandiag any other provision of this contract, during the term of this contract, the contractor agrees to 4 a d forego entering into consulting or other contractual arrangements with d any firm or organization, the result of which may give rise to a conflict ., j of interest with respect to the work being perfomed under this contract. O. The contractor shall ensure that all ' employees who are employed full ? time under this contr.ict and employee _s designated as key personnel, if i any, under this contiict abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any propos'ed consultant,or other contractual arrangement with any firm or l 1 organization may involve a potential conflict of interest, the contractor '1 shall obtain the written approval of the contracting officer prior to l execution of such contractual arrangement. ,j (d) Disclosure after award. (1) The contractor warrants that to ,V the best of. its knowledge and belief and except as otherwise set forth sd in this contract, it does not have any organizational conflicts of interest, as defined in 41'CFR 520-1.5402(a). ~ Y (2) The contractor agrees that if after award it discovers organizational ~ . 'GH conflicts of interest with respect to this contract, it shall make an l ej imediate and full disclosure in writing to the contracting officer. Gh This' statement shall include a description of the action which the d contractor has taken or proposes to take to avoid or mitigate such 5l%f conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government. . wg ^$ (e) Access to and use of information. (1) If the contractor in .d the perfomance of this contract obtains access to information, such as 7' NRC plans, policies, reports, studies, financial plans, internal data ~ protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the contractor agrees not' to: (1) Use such information for any(private purpose until the information has been 9 released to the public; ii) compete for work for the Comission based 4 j : i

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l y 7590-01. " y; 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

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public, whichever is first, (iii) submit an unsolicited proposal to the - government based on such information until one year after the release of.

- d such information to the public, or (iv) release the information without

'A prior. writtien approval by the contracting officer unless such information , p; has previously been released to the public by the NRC. ..;d (2) In addition, the contractor agrees that to the extent it Mg..; receives or is given access to proprietary data, data protected by the . Jh Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged technical, business, or financial information under this contract, the ^ Wl contractor shall treat such information in accordance with restrictions ,. j, placed on use of the information. M'1 (3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces 3 under this contract for private purposes provided that all requirements " i, of this contract have been met.

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'i l (f) Subenntracts. 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. y f li (g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest ..z - f.'; required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may M@y terminate the contract for default, disqualify the contractor from l J subsequent contractual efforts, and pursue other remedies as may be j Qy permitted by law or this contract. M:r (h) Waiver. A request for waiver under this clause shall be J directed in writing through the contracting officer to the Executive 3 ' $'2 Director for Operations (ED0) in accordance with the procedures outlined . j. 2 in 520-1.5411. N693 KQ 520-1.5405-2 Special contract provisions. W l @M[y (a) If it is determined from.the nature of the proposed contract h that organizational conflicts of interest exist, the contracting officer .p i

I may determine that such conflict can be avoided or after obtaining a j

j waiver in accordance with 520-1.5411, neutralized through the use of an f, appropriate special contract provision. If appropriate, the offeror may i negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include - but are not limited to: -g. .,-~.~--ev.

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,;G3, (. .. a R.'.::.c '" ~- - ' ' ' N d* h " y i 7590-01 i ,a (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction _ contract previously performed by the contractor; \\, (2) Software exclusion clauses; ,y ~ " gy.]?- (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and

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.i (4) Clauses which provide for protection of confidential data and .g guard against its unauthorized use. . w: .,.w: (b) The following additional contract clause may be included as Je section (i) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational , Q conflict of interest. t 1 (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 ~ t_/ 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 or services of another firm if tha. contractor has been substantially j involved in the development or marketing of such products or services'.- ~ s, r i (2) If the contractor under this contract prepares a complete or 1 essentially complete statement of work or specifications, the contractor ' )4 shall be ineligible to perform or participate in the initial contractual effort which is based on su' ch statement of work or specifications. The. ~ contractor shall not incorporate its products or services in such statement W of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not s apply. (3) 'Nothing in this paragraph shall preclude the contractor from l offering or selling its standard commercial items to the government. .] s 20-1.5406 Evaluation, findings, and contract award J-The contracting officer will evaluate all relevant facts submitted ". 3 by an offeror pursuant to the representation requirements of !20-1.5404(b) d -and other relevant information. After evaluating this information n .against the criteria ofi20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect .,7*i. to a particular offeror. If it has been determined that conflicts of d interest exist, then ene contracting officer shall eitner: ai (a) Disqualify the offeror from award,

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~ .,:Jb c.. atl.G:lLi..; .~. : 4 ..y i. ij 7590-01 .t, ] (b) Avoid or eliminate such conflicts by appropriate measures; or t +j (c) Award the contract under the waiver provision of 520-1.5411. ,,M i.l 520-1.5407 Conflicts identified after award. iI

q If potential organizational conflicts of interest are identified

':l after award with respect to a particular contractor, the contracting il 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.5 20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after , he obtaining a waiver in accordance with 520-1.5411, neutralize the effects ~]m of the identified conflict. 520-1.5408 (Reserved) j '.)I 520-1.5409 (Reserved) d 520-1.5410 Subcontracts ^ Jl The contracting officer shali require offerors and contractors to submit a representation statement in accordance with 520-1.5404(b) from d subcontractors and consultants. The contracting officer shall require ~.i the contractor to include contrac' clauses in accordance with 520-1.5405 t 'j in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection. d i20-1.5411 Waiver W@q In the first instance, determination with respect to the need to s seek a waiver for specific contract awards shall be' made by the contracting officer with the advice and concurrence of the program office director 3 +j and the Office of Executive Legal Director. Upon the reconnendation of g the contracting officer, and after consultation with the Office of the .y General Counsel, the ED0 may waive the policy in specific cases if he .f1 determines that it is in the best interest of the United States to do %.] so. Q] Such action shall be strictly limited to those situations in which: t. l (1) The work to be performed under contract is vital to the NRC program; $c? (2) the work cannot be satisfactorily performed except by a contractor 'Q whose interests give rise to a question of conflict of interest; and (3) A contractual and/or technical review and supervision methods can be l employed by NRC to neutralize the conflict. For any such waivers, the h]{ justification and approval documents shall be placed in the Public l Document Room, l._ .-w+-- . - - ~.., we

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't ---<--a=-- ~ ' - - ~ ~ -- '- '~ ~ ,f 7590-01 .I ..I 520-1. 5412 Remedies In addition to such other remedies'as may be permitted by law or d. contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any l relevant interest required to be provided for this section, the NRC .l may debar the contractor from subsequent NRC contracts. Dated at Washinaton. 0.Cthis 27th day of March 1979. ]s' For the Nuclear Regulatory Commission , 1 Lj 9 !] Ed . (ch sse Samuel J. Chilk e ,j Secretary of the Commission -1 1 h l l 1 ~ 1. s : 3 4 I i ? I . t o 1

4.: a w. :. u., ..w - =.... BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS General. The contractor shall submit vouchers or invoices as prescribed herein. Form. Claims shall be submitted on the payee's letterhead, invoice or on the Government'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 -- Ccctinuation 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. 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. (i) 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, Washingtoni DC 20555. (iii) The original copy of the voucher should indicate that (2) coofes 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. t ~. ~

c L A-+~~-* - --'U' ' * "' ~' o . (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. (i) 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 nonnally 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. - Q e,- -, -- - - - - ~ -, -, --,-m n.------.-- n-- , ----}}

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