ML20210M719

Contract: Test Methods for Identifying Shaft Cracks, Awarded to Rem Technologies,Inc

ML20210M719
Person / Time
Issue date:	09/30/1986
From:	Hartung E, Thompson R NRC, REM TECHNOLOGIES, INC.
To:
Shared Package
ML20210M662	List: ML20210M656 ML20210M719
References
CON-FIN-D-1706, CON-NRC-04-86-130, CON-NRC-4-86-130 NUDOCS 8610030524
Download: ML20210M719 (23)

Text

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AWARD / CONTRACT

1. TNIS CONTRACT IS A RATED ORDER M NS UNOER DPAS H5 CF R 350)

F 1

l 23

2. CONT R AC T NRC dProc. Anar. Ident.) NO.

3. EF F ECT 4VL DA's E

4. REQUISIT ION / PURCHASE REQUE51/ PROJECT NO.

4-86-130 9/30/86

5. 55uEo ev l

6. AouiNiSTERED ev tir other then s,, m ss l

U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555

2. N AME AND ADDR ESS OF CONT R ACT OR (No., street, esty, coun ty. State and Zip Code;

8. DELevER Y REM Technologies, Inc.

FOB ORIGIN X OTHER (see below)

ATTN: Edward C. Hartung

9. DISCOUNT FOR PROMPT PAYMENT

-1913-GentFal -AMue 29 VatranO Rd.

Albany, NY 12205 llf EM io. SUBMIT NVOICES I4 copice unires other.

wise speci/ sed; TO THE 12 CODE F ACillTY CODE ADDRESS SHOV/*! IN-II. 5 HIP T O/M ARK F OR

12. PAvMENT WILL BE MADE Sv See Section F.2 See Section G.3 13.

UTHORITY FOR USING OTHE R THAN F ULL AND OPEN COMPETI-

14. ACCOUNT 8NG AND APPROPRI AT 40N DAT A B&R No. 60l910

$49,500 0 'o u s c 23ouc" 0 < > u s c 253 cu i

FIN D1706 APPN No. 31X0200.606 15A. ITEM NO 150 SUPPLIES / SERVICES 15C. QU AN TIT Y 15D UNIT l 15E. UNIT PRICE l 15F. AMOUNT 8610030524 860r/30 This is a firm fixed price contract PDR CONTR NRC-04-86-130 PDR The Contractor shall perform research entitled, " Test Method for Identifying Shaft Cracks" in acCordince with the schedule and the Contractor's proposal dated March 6, 1986.

15G. TOTAL AMOUNT OF CONTRACT > $ 49,500.00

16. TABLE OF CONTENTS VI l SEC-l OESCRIPTION lPAGE(S) VI lSEC l DESCRIPTION lPAGE(S)

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

A SOLICITATION / CONTRACT FORM l

Xl 1 l CONTRACT CL AUSES l l4 X

B SUPPLIES OR SERVICES AND PRICES / COSTS 2

PART HI - UST OF DOCUMENTS. EXHISITS AND OTHE R ATT ACH.

X C

DESCRIPTION / SPECS / WORK STATEMENT 2

XlJ l LIST OF ATTACHMENTS l l6 X

D PACK AGING AND MARKING 2

PART iv - REPRESENT ATiON5 ANo INST RUCTIONS X

E INSPECTION AND ACCEPTANCE 2

x K

REPRESENTATIONS. CERTIFICATIONS AND

]7 X

F OF LIVERIES OR PERFORMANCE 2

OTHER STATEMENTR OF OFFERORS X

c CONTR ACT ADMINISTR ATION DATA 3

X L

INSTRS.CONOS. AND NOTICL S TO OF FF RORS 23 X

H SPECIAL CONTRACT REQUIREMENTS 9

M EVALUATION F ACTORS FOR AWARD CONTRACTING UFFICER Wili COMPLETE ITfMy OR 18 AS APPLICABLE f 7.

CONT R ACTOR *5 NEGOTIAT ED AGRE EMENT (Contractor de re-18.

AWARD (Contreetoe is not required to sign thu document J Your de7e or n ar$ e n n r tire tre to u nthan au stems or pe v c s se n

ng ie d t oo changes made by you wrhsch addebons or thanges

't'n'."#Ja. tid'*a'e","eT*Tt*e 7s*g n'".*% 'n' """"'t"#". '"A'e', 'io','n"1 1'n' a', '31", '"sa't"," *in*!!i.:'T ht'!!a';*#A"ra'.'le'."fa'!'<'M'a'!? * **J/o"n".

n"','//a0"l"4"i'n*!'##fla'e '."In*,%'"h'f"wa'L*00.'",'e'Jr!'Mu' L'!!,*'a3*di'!C'"'.!, l"A*"'u 2 't ur Po!71'"r"lfa"C tL',*n0 "iL*,".*,#e"'.

toons, cirtstications, and spetelecateons, as are attached or encorPorated by tary.

r:tsesnte neteen. IA ttachments are insted hereen.)

19A NAME AND TITLE OF SIGNE Ft (Type or prent; 20A. NAME OF CONTR ACTING OF FICER Edward C. Hartung, ViCe President Ronald D'.

Thompson 198. NAME OF CONT 19C.DATE 5sGNEO 208 N STATES F E R 6C A 20C. DATE 5eGNED R

ChnO 9/23/86

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0 sY - _ thisneteers o ere shorned to i _.

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- A MAdA

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t 45seneture el Co ffncer)

U N!.N 75403.lS2 4069 26 107 STANDARD FORM 26 (REV.4 gg)

KEVIOUS EDITION UNUSABLE y

e O y A

NRC-04-86-130 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The contractor shall conduct research entitled " Test Method for Identifying Shaf t Cracks."

8.2 Total Fixed Price..................$49,500.00.

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 be in accordance with the contractor's technical proposal in response to the FY 1986 Small Business Innovation Research Program (SBIR). The March 6, 1986 proposal is incorporated herein as Attachment 5.

The total finn fixed price amount is $49,500.00.

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 citations incorporated by reference.

Section F - Deliveries and Perfonnance F.1 Reports, Documentation and Other Deliverable End Items a.

Letter progress reports in three copies to the Project Officer 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 performed 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 final report shall be submitted to the Contracting Officer on March 30, 1987.

F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

I l

1

NRC-04-86-130 Page 3 1.

Copies to Project Officer:

U.S. Nuclear Regulatory Commission ATTN: Dr. Joseph Muscara Office of Nuclear Regulatory Research Division of Engineering Technology 1

Mail Stop: NL-005 l

Washington, DC 20555 2.

Copies to Contracting Officer:

U.S. Nuclear Regulatory Comission 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 Tite 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 tem " Technical Direction" is defined to include the following:

i 1.

Technical directioO 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 information to be delivered by the Contractor to the Government under the contract.

I 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:

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NRC-04-86-130 Page 4 3

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 performance.

4.

Changes any of the expressed

terms, conditions or specifications of the contract.

C.

ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE i

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.

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.

)

If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categoriesasdefinedinB(1)through(4)above,theContractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any i

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 j

article and does not constitute a change. under the Changes Clause.

D.

Any unauthorized connit5ent 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 j

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."

G.2 Project Officer l

A.

The individual (s) listed in "B"

below is (are) hereby designated as the Contracting Officer's authorized l

representative (hereinafter called Project Officer) for i

NRC-04-86-130 i

Page 5 1

technical aspects of this contract. The Project Officer is not

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authorized to approve or request any action which results in or could result in an increase in contract cost; or teminate, j

settle any claim or dispute arising under the contract, or

.i issue any unilateral directive whatever.

The Project Officer is responsible for:

(1). monitoring the i

Contractor's technical progress, inclu' ding surveillance and assessment of perfonnance, and recomending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) perfoming technical evaluation as required; (4) perfoming technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the i

resolution of technical problems encountered during perfonnance. 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 contract.

For guidan'ce from the Project Officer to the Contractor to be 1

valid, it must:

(1) be consistent with the description of work I

set forth in the contract; (2) not constitute new assignment of work or change to the expressed

terms, conditions or j

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:

Dr. Jose h Muscara Office Address:

U.S. Nuc ear Regulatory Commission Office of Nuclear Regulatory Research Mail Stop NL-005 Washington, DC 20555

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2 G.3 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

i U.S. Nuclear Regulatory Consnission 4

Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C.

20555.

l To constitute a proper invoice, the invoice must include the j

following information and/or attached documentation:

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i NRC-04-86-130 Page 6 i

(1) Name of the business concern and invoice date.

(2) Contract number or other authorization for deiivery of property or services.

1 (3) Description price and quantity of property.and services actually delivered or rendered, j

(4) Shipping and payment tems.

l I

l (5) Name (where practicable), title, phone number, and com)lete j

mailing address of responsible official to whom payment < s to 1

be sent.

l (6) Other substantiating documentation or information as required by the contract.

G.4 Pa.yment (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 i

shall not be made prior to receipt of said progress reports.

I Final payment shall be made in the amount of $18,000 to the

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(b) contractor within 30 days after receipt of the final report as j

required in Section F.1.b.

l (c) All contractor invoices shall identify the contract number and i

the monthly letter progress report for which payment is claimed.

1 i

(d) If this contract provides for a discount, the contract shall 2

indicate the contract's discount tems (Block 9 of Standard i

Form 26) on the face page of the invoice.

l 1

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G.5 Interest on Overdue Pa.yments

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(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 i

Managenent and Budget Circular A-125. Vol. 47 Federal Register 37321 August 25, 1982.

Among other considerations. OMB l

Circular A-125 provides that:

1 l

(1) Interest penalties are not required when payment is j

delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.

i NRC-04-86-130 Page 7

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t (2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the i

interest rate applicable on the payment date.

Interest will be computed from the day after the due date through the payment date.

I e

G.6 Method of Payment i

i (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each i

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 j

Contractor shall forward the following information in writing l

to the Contracting Officer to facilitate wire transfer of

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contract payments.

In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9.

In the event the Contractor's financial j

institution does not have access to the Federal Reserve j

Communications System, Contractor shall complete all items 1

except iteln 4.

1.

Name and address of organization l

2.

Contact person and telephone number i

j 3.

Name and address of financial institution

}

4.

Financial institutions's 9-digit ABA identifying number for routing transfer of funds j

5.

Telegraphic abbreviation of financial institution I

l 6.

Account number at your financial institution your financial institution receives electronic funds transfer messages through,,1f it does not have access to the Federal Reserve Connunications System l

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 Connunications System 8.

Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds 9.

Telegraphic abbreviation of correspondent financial I

institution I

10.

Signature and title of person supplying this infonnation i

NRC-04-86-130 Page 8 (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing.

It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

G e

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NRC-04-86-130 4

i Page 9 i

Section H - Special Contract Requirements H.1 Key Personnel J

(a) The following indivirtuals are considered to be essential to the 2

successful perfomance of the work hereunder.

William H. Miller j

Edward C. Hartung 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 I

I becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is i

expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor i

shall innediately 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 4

least substanti' ally equal ability and qualifications.

(c) All requests for approval of substitutions hereunder must f

be in writing and provide a

detailed explanation of the circumstances necessitating the proposed substitutions.

They must 3

)

contain a complete resume for the proposed substitute, and other information 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 promatly notify the Contractor of his approval or disapproval thereof i n writing.

(d)

If the Contracting Officer detemines that suitable and timely replacement of key personnel who have been reassigned, terminated or l

have otherwise become unavailable for the contract work is not reasonably forthcoming or tha_t the resultant reduction of productive l

effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be i

terminated by the Contracting Officer for default or for the i

i convenience of the Government, as appropriate, or, at the diccretion of the Contracting Officer if he finds the Contractor at fault for j

the condition, the contract price or fixed fee may be equitably j

adjusted downward to compensate the Government for any resultant delay, loss or damage.

t i

NRC-04-86-130 Page 10 i

H.2 Consultant or Other Comparable Employment Services of Contractor i

Employees (OMB Clearance 4unber 3150-0112) l The Contractor shall require all employees who are employed full-time (an individual who perfams work under the cost-type i

contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under tems 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 infonnation obtained from such disclosures.

The Contractor will require any 1

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

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perfom 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 performance of the work under this contract to protect the health and safety of einployees 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 i

comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Comission, 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 shc11 make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.

H.4 Dissemination of Contract Infomation (0M3 Clearance Number l

3150-0112)

)

l The Contractor shall not publish, permit to be published, or t

disseminate to the public any information, oral or written, 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 j

submitted to the Contracting Officer.

Failure to comply with this clause shall be grounds for tennination of this contract.

H.S Private Use of Contract Information and Data i

Except as otherwise specifically authorized by Section H.,

i publication of contract work of this contract, or as ctherwise approved by the Contracting Officer, infonnation and other data j

developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with 1

the work under this contract.

l NRC-04-86-130 Page 11 l

l H.6 Drawings, Designs, and Specifications l

l All

drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, reconsnendations, 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 Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or othemise disposed of by the Contractor 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 tennination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.

.H. 7 Proprietary Dat'a and Confidential Information 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 information which has not been released to the public or has been detennined by the Commission to be othemise exempt from disclosure to the public.

Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such infonnation in whole or in part to any other person or organization except as may be necessary to perfom the work under this contract.

Contractor agrees to return such infomation to the Consnission or otherwise dispose of it eith.er 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)

(a)

Purpose.

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

(1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this

NRC-04-86-130 Page 12 contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its perfomance of this contract.

l (b)

Scope.

The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 120-1.5402(f)intheactivitiescoveredbythisclause.

(c)

Work for Others.

Notwithstanding any other pro' vision of this contract, during the tem of this contract, the Contractor agrees to l

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 performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.

If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim or organization may involve a potential conflict of interest, the Contractor shall obtain the writte'n approval of the Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure' after award.

(1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract.

it does not have any organizational conflicts of interest, as definedin41CFR20-1.5402(a).

(2)

The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.

This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may, however, 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 information.

(1)

If the Contractor in the perfomance of this contract obtains access "to infomation, 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 Conmission based on such infomation for a period of six (6) months after either the completion of this contract or the release

NRC-04-86-130 Page 13 of such infonnation to the public, whichever is first; (iii) submit an unsolicited proposal to the Government i

based on such infonnation until one year after the release of such infonnation to the public, or (iv) release the infonnation without prior written approval by the Contracting Officer unless such infonnation 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 confidentiel or privileged technical, business, or financial information under this contract, the Contractor shall treat such infonnation in accordance with restrictions placed on use of the infonnation.

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

e (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 tenns " contract," " Contractor," and

" Contracting Officer," shall be appropriately modified to preserve the Governnent's rights.

(g) Remedics.

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 a: necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pennitted by law or this contract.

~

(h)

Waiver.

A request for waiver under this clause shall be directed in writing throug(h the Contracting Officer to the Executive Director for Operations EDO) in accordance with the procedures outlined in 520-1.5411.

NRC-04-86-130 Page 14 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 same force and effect as if they were given in full text.

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

I.FEDERALACQUISITIONREGULATION(48CFRCHAPTER1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE.

(APR1984)

Section F 52.212-13 STOP-WORK ORDER.

(APR1984)

Section I 52.202-1 DEFIN'ITIONS.

(APR 1984) 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. (APR1984) 52.215-33 ORDER OF PRECEDENCE.

(JAN 1986) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.

(JUN1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.

(APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR1984) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL OPPORTUNITY.

(APR1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERAVETERANS(APR1984)

AFFIRMATIVE ACTION.FOR HANDICAPPED WOR 52.222-36 AUTHORIZATION AND CONSENT.

(APR 1984)--Alternate I.

52.227-1 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.

(APR 1984) 52.227-11 PATENT RIGRTS--RETENTION BY THE CONTRACTOR (SHORT FORM).

(APR 1984) 52.229-3 FEDERAL, STATE,ANDLOCALTAXES(APR1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. APR 1984 52.232-1 PAYMENTS.

APR 1984

NRC-04-86-130 Page 15 52.232-23 ASSIGNMENT OF CLAIMS.

(JAN1986) 52.233-1 DISPUTES. (APR1984) 52.243-1 CHANGES--FIXED-PRICE.

(APR 1984)--Alternate 5. (APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.

(APR1984) 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS.

(APR1984) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM).

(APR19841 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).

i,'APR 1984)

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NRC-04-86-130 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 (41CFRPart20) 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 " Test Hethods for Identifying Shaft Cracks" 4

6 se

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NRC-04-86-130 Page 17 PART IV - REPRESENTATIONS AND INSTRUCTIONS Section K - Representations, Certifications and Other Statements of Offerors or Quoters K.1 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB Clearance 1

Number 3150-0112)

I represent to the best of spy knowledge and belief that:

The award to REM TECHNOLOGIES, INC.

of a

contract or the modification of an existing contract does / / or does not Ag / involve situations or relationships of the type set forth in Attachment, paragraph 20-1.5403(b).

If the representation as completed indicates that situations or relationships of the type set forth in Attachment 2 are involved or the Contracting Officer otherwise determines that potential organizational conflicts

exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the Contracting Officer.

If the Contracting Officer detemines that organizational conflicts exist', the following actions may be taken:

(a) impose appropriate conditions which avoid such conflicts.

(b') disqualify the offeror, or (c) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver l

provisions of 9 20-1.5411.

The refusal to provide the representation required by 520-1.5404(b) or upon request of the Contracting Officer the facts required by 920-1.5404(c), shall result in disqualification of the offeror for award.

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

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

K.2 CERTIFICATION REGARDING DEBARMENT STATUS The offeror hereby certifies by submission of this offer that it and any subcontractor (s) that will be perfoming under this contract is not a debarred person or fim.

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NRC-04-86-130 Page 18 K.3 FAR Provisions 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION.

(APR1985)

(a)Theofferorcertifiesthat--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any. consultation, communication, or agreement with any other offeror or comp (etitor relating to (1) those prices, (ii) the intention to submit an offer, or iii) the methods or factors used to calculate the prices offered; i

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not. participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized in writing, to act as agent for the following pr.incipals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through

( a ) ( 3 ) a b o ve.................................................. [ insert full name of person (s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's or anization].

( 1) As an authorized agent, does certify that the principals named in subdivision ( )(2)(1) above have not p(articipated, and will not participate, in any action contrary to subparagraphs a)(1) through (a)(3) above; and participate, in any action contrary to subparagraphs (a)(pated, and will not (iii) As an agent, has not personally partici 1) through (a)(3) above.(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail l

the circumstances of the disclosure.

(End of provision) 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT.

(APR1984)

(a) Representation.

The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror--

Note: The offeror must check the appropriate boxes.

For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.

NRC-04-86-130 Page 19 (1) /

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

(b) Agreement. The offeror agrees to provide infomation relating to the above Representation as re by the Contracting Officer and, when subparagraph (a)(1) or (a)(2)questedis answered affimatively. to promptly submit t the Contracting Officer--

(1) A completed Standard Fom 119. Statement of Contingent or Other Fees,(SF119);or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation -or contract rxmber, and representing that the prior SF 119 applies to this offer or quotation.

(End of provision)

(R7-2002.11974APR)

(R1-1.505) 52.215-6 TYPE OF BUSINESS ORGANIZATION.

(APR1984)

The offeror or quote'r, by checking the applicable box, represents that it operates as./XX / a corporation incorporated under the laws of the State of

...New. York....'........

/

/ an individual, /

/ a partnership, /

/ a nonprofit organization, or / / a joint venture.

(Endofprovision)

(AVSF331977 MAR)

(R SF 19B, Para 4,1976 JUNE) 52.215-20 PLACE OF PERFORMANCE.

(APR1984)

(a) The offeror or quoter, in the perfomance of any contract resulting from this solicitation, / / intends, /xx/ does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation.

(b) If the offeror or quoter chec_ s " intends" in paragraph (a) above, it k

shall insert in the spaces provided below the required information:

Name and Address of Owner Place of Perfomance (Street and Operator of the Plant or Address, City, County, State, Facility if Other than Offeror ZipCode) or Quoter (R 3-501(b) Sec K (viii))

i

i NRC-04-86-130 Page 20 52.219-1 SMALL BUSINESS CONCERN REPRESENTATION.

(APR1984)

The offeror represents and certifies as part of its offer that it /xx/

i is, / / is not a small business concern and that /xx/ all, /

/ not all supplies to be furnished will be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. "Small business concern," as used in this provision, means a concern,. including its i

affiliates, that is independently owned and operated, not dominant in the i

field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitatior.,

(Endofprovision)

(R 3-501(b)(3), Part IV, Section K, (1)(A) 1979 SEP) 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION.

(APR1984)

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

(b) Definitions.

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

" Asian-Pacific American," as used in this pravision, means a United States citizen whose origins are in Japan, China, the Philippines. Vietnam, i

. Korea, Samoa, Guam, the' U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan.

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

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

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

(c) Oualified groups.

The offeror shall presume that socially and economical:y disadvantaged iraividuals include Black Americans, Hispanic Americans, Native Americans..' Asian-Pacific Americans, Asian-Indian Americans, and other individuals found co be qualified by the SBA under 13 CFR 124.1.

(Endofprovision)

(R*7-2003.741980AUG)

(R 3-50l b)(3), Part IV, Section K, (i)(B) 1980 AUG)

l NRC-04-86-130 Page 21 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.

(APR1984)

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

(b) Definitions.

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

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

(Endofprovision)

(R FPR Temp. Reg 481978DEC) 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES.

(APR1984)

(a) " Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(b) By.the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perfonn their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will--

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

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NRC-04-86-130 Page 22 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NOASEGREGATED FACILITIES.

1 A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e.,

quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

(End of provision)

(R7-2003.14(b)(1)(A)1970AUG)

(R 1-12.803-10(d))

62.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.. (APR1984)

The offeror represents that--

(a) It /XX/ has, /

/ has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order No.

.11114;

~

(b)It/xx/has,'/ / has not, filed all required compliance reports; and i

(c) Representations indicating submission of required compliance reports, signed by pcoposed subcontractors, will be obtained before subcontract awards.

(End of provision)

(R7-2003.14(b)(1)(B)1973APR) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE.

(APR1984)

The offeror represents that (a) it /xx/ has developed and has on file, /

/ has not developed and does not have on file, at each establishment, affirmative action programs required by),the rules and regulations of the 1

Secretary of Labor (41 CFR 60-1 and 60-2 or (b) it / / has not previously had contracts subject to the written affirinative action programs requirement i

j of the rules and regulations of the Secretary)of Labor.

(End of provision (R7-2003.14(b)1979SEP) j (R1-12.805-4)

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NRC-04-86-130 Page 23 Section L - Instructions, Conditions, and Notices to Offerors or Quoters 1

L.1 Solicitation Provisions 52.233-2 SERVICE OF PROTEST (JAN1985)

Protests, as defined ir section 33.101 of the Federa'l Acquisition Regulation, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Division of Contracts; U.S.

Nuclear Regulatory Commission; 4550 Montgomery Avenue; Suite 2223; Bethesda, Maryland 20814.

(EndofProvision)

L.2 Nondiscrimination Because of Age (FAR 22.901)

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

Contractors and Subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the tems,

conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bonafide occupational qualification, retirement

plan, or statutory requirement, and (b) that Contractors and Subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a ma,ximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, retirement plan, or statutory requirement.

1 Ss O

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