ML20210E567
| ML20210E567 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1986 |
| From: | Lefkowitz S, Thompson R NRC OFFICE OF ADMINISTRATION (ADM), PENTEK, INC. |
| To: | |
| Shared Package | |
| ML20210E554 | List: |
| References | |
| CON-FIN-D-1711, CON-NRC-04-86-135, CON-NRC-4-86-135 NUDOCS 8609250045 | |
| Download: ML20210E567 (16) | |
Text
"" '""
0"
- 1. CERTIFIED FOR NATIONAL DEFENSE j
[*
".'.;* AWARD /CONTR ACT UNDER BDSA REG. 2 AND/OR DMS REG.1 l
- 3. EF FECT 6VE DATE
- 4. REQul5ITIOtv/ PURCHASE REQUEST / PROJECT NO.
NONTAkk-(P M*dnet. Ud nf.; NO.
Sept. 30.1986 6-5 I
^
S.essuEDsv CODE CODE U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555 7 N AME AND ADDR ESS OF CONT R ACTOR (No., street, cary, county, state and ZJP Codes
- s. DELI V E R Y Pentek, Inc.
ROB ORIGIN X OTHER (see fielow)
ATTN: Sheldon Lefkowitz, President
- 9. DISCOUNT FOR PROMPT PAvuENi 1026 Fourth Avenue Coraopolis, PA 15108
- 10. 3UBMIT INVOICES l ITEM (4 topien unleen other.
wise specified) TO THE 12 CODE FACILITY CODE ADDRESS SHOWN IN:
- 11. 5 Hip TO/M ARK FOR
- 12. PAY MENT WILL SE MADE BY See Section.F.2 See Section G.3 IN PROPRI AT 40N TA
- 13. THIS A. ADVERTISED 38 g{U
,00 0,.
ACQUISITION
- 5. NEGOT4 ATED PUR5UANT TO:
FIN D1711 Appro. 31X0200.606 M',Cl,'//,
O 'o uSC 2304can >
.i uSC 252ien 3 iLA. ITEM NO 158. SUPPLIES / SERVICES 15C. QU ANTITY 15D. UNIT 15E. UNIT PRICE
'15F. AMOUNT i
This is a firm fixed price contract.
The Contractor shall perform researc h entitled, " Development of Testirg and Analysis Methodology to Determine Fu 1ctional Condition of Solenoid-Operated Valves Used in Nuclear Power Plant S afety Applicati ans" in accordance with the schedule and the contractor's pr)posal dated March 27, 1986, and as further l
revised during verbal negotiations 0 1 August 20,19B6, Ref: C.1 " Statement of Work."
15G. TOTAL AMOUNT OF CONTRACT > $ 50.000.00
- 16. TABLE OF CONTENTS l
V) lSEC. l DESCRIPTION lPAGE(S)
V) l SEC. l DESCRIPTION lPAGE(S)
PART il-CONTR ACT CLAUSES PART I - THE SCHEDULE X
A SOLICITATION / CONTRACT FORM l
Al 1 l CONTR ACT CLAUSES ll4 X
B SUPPLIES OR SERVICES AND PRICES / COSTS 2
PART 111 - LIST OF DOCUMENTS EXHIBITS AND OTHER ATT ACH.
X C
DESCRIPTION / SPECS / WORK STATEMENT 2
XlJ l LIST OF ATTACHMENTS l16 X
D PACK AGING AND MARKING 2
PART IV - REPRESENTATIONS AND INSTRUCTIONS X
E INSPECTION AND ACCEPTANCE 2
K R EPRESE NT ATIONS. CE RTIFIC ATIONS AND j7 X
X F
DELIVERIES OR PERFORMANCE 2
OTHER STATEMENTS OF OFFERORS
(
X G
CONTRACT ADMINISTR ATION DATA 3
X L
INSTRS. CONDS.. AND NOTICES TO OFFER 22 X
H SPECI AL CONTR ACT REQUIREMENTS 9
M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPLETE ITEM 17 OR 18 AS APPLICABL E 17.
CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re.
18.
AWARD (Contreefor de not required to sign this document ) Your changes made oy you whecn additions or cG9'es n ractor r st u n sn a ce v all items or pe or n a te v e n
no e ato o a [c$
mrv a1es n es t$[ tml hn a co 6 uat n sneet's. Tn a c t act w e con-n ason s d no e Tn r nts a o ga lov of tne pa
."In*y" anile'f!'ucT"Jo*. '"o"fe'Jr$A"!'
L'!!,M*di'!?,*s'2.fri'Kn'"'u.'f)o'fu',3;,'t'o"n"'fa"c'i2a' #;;'u',4eL*,7.Jfe"?
i
- "f#!J"*fe?* !"ieJPct" awn"bM:a:U""** *' ***** ''* *'
n
',.%;;",W'f1% eta"a?n ?;1lla 20A. N AME OF CONTR ACTING OF F4CER l
19A. N AME AND TITLE OF S4GNER (Type or print; NMM LM/7"Ij Nf6/4h /
Ronald D. Thompson
/1 n
20C. DATE $1GNED 19C.DATE 58GNED 205. U IT,Ep 5TATES OF Af ERICA 190.N F CONTR ACTOR ggg p{
Yh CQ-h f.) _R BY f"
} tseneture o7-contractue Otticars
- ~
BY
~
f ' <sJnetun orper,an eyfinort r)dtoonent STANDARD FORM 26 (REV.104 3) 8609250045 860'730 as-too Prescnoea ey osa N
- Gro * *
- O - 421-526 (*o
NRC-04-86-135 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The contractor shall conduct research entitled " Development of Testing and Analysis Methodology to Determine Functional Condition of Solenoid-Operated Valves Used in Nuclear Power Plant Safety Applications."
B.2 Tota l Fi xed Price.................. $50,000.iOO f
Section C - Description / Specifications / Work Statement C.1 Statement of Work The work to be performed and the objectives to be met in this contract shall l
be in accordance with the contractor's technical proposal in response to the FY 1986 Small Business Innovation Research Program (SBIR) and as revised on August 20, 1986 during verbal negotiations to include an oral presentation of the results of the contract which shall be provided to NRC staff, prior to the submittal of the final report which is due March 30, 1987. Scheduling of the presentation will be the responsibility of the NRC Project Officer. The March 27, 1986 proposal and the addition of the oral presentation to NRC staff are incorporated herein and made a part hereof. The total firm fixed price amount remains unchanged at $50,000, i
Section D - Packaging and Marking D.1 The contractor shall use standard commercial packaging for all items to be delivered.
On the front of the package, the contractor shall clearly identify the contract number under which the product is being provided.
Section E - Inspection and Acceptance E.1 FAR Citations The contractor shall refer to Section I, Clause No. 52.252-2 for l
l citations incorporated by reference.
Section F - Deliveries and Perfornance F.1 Reports, Documentation and Other Deliverable End Items Letter progress reports in three copies to the Project Officer a.
and one copy to the Contracting Officer shall be due by November 30, 1986 and January 30, 1987.
b.
A final report to include the results of the work perfonned under this contract shall be submitted to the project officer in one camera ready copy and three copies on March 30, 1987.
In addition, one copy of the firal report shall be submitted to the Contracting Officer on March 30, 1987.
i
__----m__,-
.,--.--,--,-rm-,___-#---
m
NRC-C4-86-135 Page 3 F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:
1.
Copies to Project Officer:
U.S. Nuclear Regulatory Commission ATTN: William Farmer Office of Nuclear Regulatory Research Division of Engineering Technology Mail Stop:
NL-005 Washington, DC 20555 2.
Copies to Contracting Officer:
U.S. Nuclear Regulatory Commission ATTN: Contracting Officer Division of Contracts Mail Stop: AR 2223 Washington, DC 20555 F.3 Duration of Contract Period This contract shall become effective on September 30, 1986 as specified in Block 3 of the SF26, and shall continue to completion thereof, on March 30, 1987.
F.4 FAR Citations The contractor shall refer to Section I, Clause No. 52.252-2 for citations incorporated by reference.
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 2 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 lines of inquiry, fills in details 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 description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical
NRC-04-86-135 Page 4 infomation to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
t 1.
Constitutes an assignment of additional work outside the general scope of the contract.
2.
Constitutes a change as defined 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 perfomance.
4.
Changes any of the expressed
- terms, conditions or specifications of the contract.
C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL. ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.
4 The Contractor shall proceed promptly with the perfomance 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.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
D.
Any unauthorized connitment 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 i
funds for unallowable costs under the contract.
E.
A failure of the parties to agree upon the nature of the l
instruction or direction or upon the contract action to be l
NRC-04-86-135 Page 5 taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
G.2 Projec; Officer A.
The individual (s) listed in "B"
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 claim or dispute arising under the contract, or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical progress, including surveillance and i
assessment of performance, and recomending to the Contracting Officer changes in requirements; (2) interpreting the scope of i
work; (3) performing technical evaluation as required; (4) i performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the i
resolution 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 reconnendations for approval, disapproval, or suspension for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in tenns, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Contractor to be valid, it must:
(1)beconsistentwiththedescriptionofwork set forth in the contract; (2) 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 perfonnance or contract delivery schedule; and, as stated above, (4) ~ not constitute a basis for any increase in the contract cost.
B.
Name and Mail Code:
William Farmer Office Address:
U.S. Nuclear Regulatory Comission Office of Nuclear Regulatory Research Mail Stop NL-005 Washington, DC 20555 J
NRC-04-86-135 Page 6 G.3 Invoice Requirenents 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.
(3) Description price and quantity of property and services actually delivered or rendered.
(4) Shipping and payment terms.
(5) Name (where practicable), title, phone number, and complete mailing address of responsible offitial to whom payment is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.4 Payment (a) Payment shall be made in the amount of $16,000 to the contractor within 30 days after receipt of each of the two letter progress reports as required in Section F.1.a.
Payment shall not be made prior to receipt of said progress reports.
(b) Final payment shall be made in the amount of $18,000 to the contractor within 30 days after receipt of the final report as required in Section F.1.b.
(c) All contractor invoices shall identify the contract number and the monthly letter progress report for which payment is claimed.
(d) If this contract provides for a discount, the contract shall indicate the contract's discount terms (Block 9 of Standard Fonn 26) on the face page of the invoice.
.. ~.
NRC-04-86-135 Page 7 G.5 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and 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.6 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
(b) Within seven days after the effective date of the contract, the Contractor shall forward the following infonnation in writing to the Contracting Officer to facilitate wire transfer of contract payments.
In the event that the Contractor's financial institution has access to the Federal Reserve Comunications 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 Comunications 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.
Financial institutions's 9 digit ABA identifying number for routing transfer of funds 5.
Telegraphic abbreviation of financial institution
NRC-04-86-135 Page 8 6.
Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Comunications System 7.
Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to 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) Anychangestotheinformationfurnishedunderparagraph(b)of this clause shall be furnished to the Contracting Officer in writing.
It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
t l
l
i NRC-04-86-135 Page 9 Section H - Special Contract Requirements H.1 Key Personnel (a) The following individuals are considered to be essential to the successful performance of the work hereunder.
Richard Meininger h r... L M i d T b r m o 1 L O *4 pg The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and(c) hereof.
(b)
If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall insnediately notify the Contracting Officer and shall, subject to the concurrence 'of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
)
(c) All requests for approval of substitutions hereunder must be in writing and provide a
detailed explanation of the circumstances necessitating the proposed substitutions.
They must contain a ' complete resume for the proposed substitute, and other infonnation requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution.
The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his ' approval or disapproval thereof in writing.
(d)
If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, tenninated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant 4
delay, loss or damage.
1
NRC-04-86-135 Page 10 4
H.2 Consultant or Other Comparable Employment Services of Contractor Employees (OMB Clearance Number 3150-0112)
The Contractor shall require all employees who are employed
~
full-time (an individual who perfoms work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract with the Comission) on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all infomation obtained from such disclosures.
The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his participation in such work, that he will not perform consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Comission except with the prior approval of the Contractor.
H.3 Safety, Health, and Fire Protection The Contractor shall take all reasonable precautions in the r
performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Comission and the Department of Labor.
In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at'the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or 3
damages by reason of or in connection with such work stoppage.
f H.4 Dissemination of Contract Infomation (OMB Clearance Number l
3150-0112) j The Contractor shall not publish, permit to be published, or i
disseminate to the public any information, oral or written, l
concerning the work perfonned under this contract without the prior written consent of the Contracting Officer.
Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.
Failure to comply with this clause shall be grounds for temination of this contract.
i H.S Private Use of Contract Infomation and Data Except as otherwise specifically authorized by Section H.,
l publication of contract work of this contract, or as otherwise I
approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
NRC-04-86-135 Page 11 H.6 Drawings, Designs, and Specifications All
- drawings, sketches, designs, design data, specifications.
notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recomendations, data and memoranda of every description relating thereto. as well as all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the Comission at all reasonable times (for which inspection the proper facilities shall be afforded the Comission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose i
whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, J
subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work 1
or in any event as the Contracting Officer shall direct upon completion or temination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of infomation provisions, if any, of this contract.
H.7 Proprietary Data and Confidential Information i
In connection with the perfomance of the work under this contract, the Contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other infomation which has not been released to the public or has been determined by the Comission to be otherwise exempt from disclosure to the public.
Contractor agrees to hold such infomation in confidence and not to directly or indirectly duplicate, disseminate, or disclose such infomation in whole or in part to any other person or organization 1
except as may be necessary to perfom the work under this contract.
Contractor agrees to return such information to the Comission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or temination of this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
H.8 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112)
The primary purp(ose of this clause is to aid in (a)
Purpose.
- 1) Is not placed on a conflicting ensuring that the Contractor:
role because of current or planned interest (financial, contractual, organizational, or othemise) which relate to the work under this i
contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
i
NRC-04-86-135 Page 12 (b)
Scope.
The restrictions described herein shall apply to I
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 fim 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 j
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.
(d) Disclosure after award.
(1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).
(2)
The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this
,j contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.
This statement shall
~
include a description of the action which the Contractor has l
taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, teminate the contract for convenience if it deems such temination to be in the best interests of the Government.
(e) Access to and use of infomation.
(1)
If the Contractor in the perfomance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(1) Use such infomation for any private purpose until the infomation has been released to the public; l
(ii)competeforworkfortheCommissionbasedonsuch i
infomation for a period of six (6) months after either the completion of this contract or the release of such infomation to the public, whichever is first; l
l l
', +.
- NRC-04-86-135 Page 13 (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such infomation to the public, or.
(iv) release the infomation without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by-the Privacy Act of 1974 (Pub.
L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.
(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 tems " 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 faith, the l
Government may teminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract.
(h)
Waiver.
A request for waiver under this clause shall be i
directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in $20-1.5411.
i
NRC-04-86-135 Page 14 i
PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.252-2 CLAUSES INCORPORATED BY REFERENCE.
(APR1984)
This contract incorporates the following clauses by reference, with the j
same force and effect as if they-were given in full text.
Upon request, the Contracting Officer will make their full text available.
J I.FEDERALACQUISITIONREGULATION(48CFRCHAPTER1) CLAUSES I
Section E i
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE.
(APR 1984) j Section F 52.212-13 STOP-WORK ORDER.
(APR1984) i Section I 52.202-1 DEFINITIONS.
(APR1984) 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR1984) 52.203-3 GRATUITIES.
(APR1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.
(APR1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.
(APR1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY.
(APR 52.215-33 ORDER OF PRECEDENCE.
(JAN1986) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(JUN 1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.
(APR1984) i 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
(APR1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
(APR1984) 52.222-3 CONVICT LABOR.
(APR1984) 52.222-26 EQUAL OPPORTUNITY.
(APR1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERAVETERANS(APR1984) 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(APR1984) 52.227-1 AUTHORIZATION AND CONSENT.
(APR1984)--AlternateI.
(APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR1984) 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).
(APR1984) 52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. (APR 1984) 52.232-1 PAYMENTS. (APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS.
(JAN1986)
NRC-04-86-135 Page 15 52.243-1 CHANGES--FIXED PRICE.
(APR 1984)--Alternate 5.
(APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR 1984) 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS.
(APR 1984) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM).
(APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).
(APR1984) 52.233-1 DISPUTES (APR 1984) qqh pop
~
i t
i f
I
,n.,~..---_
.,,,, - ~,,,, -,,,,,. _, _. -., -, _ _ _ _
"J '
NRC-04-86-135 Page 16 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number
- Title 1
NRC Organization Chart 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter 3202 4
Billing Instructions for Fixed Price Contracts 5
Contractor's technical and cost proposal in response to the FY 1986 Small Business Innovation Research Program (SBIR) entitled " Development of Testing and Analysis Methodology to Determine Functional Condition of Solenoid-Operated Valves Used in Nuclear Power Plant Safety Applications "
l