ML20210M912
| ML20210M912 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1986 |
| From: | Kamil H, Thompson R NRC OFFICE OF ADMINISTRATION (ADM), STRUCTURAL ANALYSIS TECHNOLOGIES, INC. |
| To: | |
| Shared Package | |
| ML20210M911 | List: |
| References | |
| CON-FIN-D-1705, CON-NRC-04-86-129, CON-NRC-4-86-129 NUDOCS 8610060154 | |
| Download: ML20210M912 (23) | |
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RAUNe meE Or mess AWARD / CONTRACT 1E'g,C,cgC,T,ls,gED ORDE R s
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NRC-04-86-129 9/30/86..aOM.NisTnREO sv sir.mu m m s) con, l
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Division of Contracts Washington, D.C. 20555 7.NAME AMD ADORE 55 OF CONTR ACTOR (No.fse t.effy..ses fy.50 mar d KfF C.de)
- 5. OELiv5 RY Structural Analysis Technologies, Inc.
D 'oa oa'a'a W o'ana.=~ ~a.->
ATTN: Dr. Hasan Kamil, President
.. O..COuMT rOR, ROM,1,AvMENi 10440 South De Anza Boulevard Suite D7 Cupertino, CA 95014 to. $USMIT INVOICES l' TEM (d.open snares other.
I ender speeffled) TO THE 12 CODE F ACILITY CODE ADDRESS SNOVf 8 IN:
31.5 Mar TO/Mann FOR
- 13. PAvMENT WILL BE MADE Ov i
See Section F.2 See Section G.3 IS. AUTMORITV F6FdssNG OTHER TMAN FULL AND OPEN MYI.
- 14. ACCOUNT 18 4 AceO APPROPRiAT80N DATA B&R No. 601910 Obligated: $47.795.00 to us.C. 2aosicit i
at u.S C.25 ment i
FIN: D1705 APPN: 31X0200.606
. ISA. I TEM NO-158. SUPPLIES / SERVICES ISC. QUANTITY 160. UNIT ISE. UNIT PRICE t.V. AMOUNT The Contractor shall perfonn research entitled, "Im >roveme it of Safety of Piping Systems Using Nonlinear Analysis Methods" in accordance with the schedule and the Contractor's propos4 i1 dated March 34, 1984, and revised proposal dated July 23, 1986 which i ; incorporated herein and made a port 2
hereof.
861006o154 e60'/22 PDR CONTR This is a firm fixed price contract.
NRC,-04-84-1D9 PDR,
190. TOTAL AAAOUNT OF CONTRACT pl$47.795.00
- 16. TABLE OF CONTENTS F) [SEC. l DESCRIPTION lPAGElS) t/l l$EC. l OESCRIPTION lPAGEISI PART I -TME SCNEDULE PART ie - CONT R ACT CD USES l
X A
SOLICITATION / CONTRACT FORM l
XII l CONTR ACT CLAUSES l 15 f
X S
SUPPLIES OR SERVICES ANDfRICES/ COSTS 2
PAaT in - ust Or DOCUMENTS.Exwisit,, AND OTutR ATTACw.
X C
DESCRIPTION /SPECSJWORK STATEMENT 2
XlJ l LIST OF ATTACNMENTS l 16 l
X D
PACKAGING AND MARKING 2
PART ev.-REPRESENTATIONS ANO INSTRUCTIONS X
E INSPECTeoN AND ACCEPTANCE 2
K REPRESENTATIONS. CERTIFICATIONS AND j7 y
X F
OTHER STATEMENT 4 OF OFFERORS X
C CONTRACT ADMINISTRATION DATA
- j A
L INSTRS.CONDS. AND NOTICES TO OF FE RORS 23 x
H SPECIAL CONTR ACT REQUIREMENTS 9
M EVALUATION F ACTORS FOR AWARD CONTRACTING 0FFICER WIL L COMPLETE ITEM 110R IS AS APPLICABL E l
- 17. h CONTRACTOR s NEGOTIATED AGREEMENT (Comperferis,e-18.
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i 30A.NAME OF CONTRACTING OFFICER f
19A.NAME AND TITLE OF StGNER (Type or prt.f, Dr. Has,an Kamil, President ~ -
p 3.C.OATE 5fGNED I5S.NAME OhTRACT 19C.DATE 50GNED 3. UN6TEO STATM ME miC A t.Y 'h.r., C e, O,,1
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PREveOUS EOsfloN useuSAsLE
- WO e SMS O - 461-3T5 (410) 1-
NRC-04-86-129 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work 4
The contractor shall conduct research entitled " Improvement of Safety of Piping Systems Using Nonlinear Analysis Methods."
B.2 Total Fixed Price..................$47,795.00.
Section C - Description / Specifications / Work S.tatement C.1 Statement of Work The work to be performed and the objectives to be met in this contract shall be in accord 6nce with the contractor's technical proposal in response to the FY 1986 Small Business Innovation Research Program (SBIR) which is incorporated as attached (Attachment 5).
Section D - Packaging and Marking D.1 The contractar 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 i
F.1 Reports Documen+ation 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
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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.
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NRC-04-86-129 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 Comission ATTN: Daniel J. Guzy 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 Comission ATTN: Contracting Officer Division of Contracts Mail Stop: AR 2223 Washington, DC 20555 F.3 D_uration of Contract Period
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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 tem " 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.
NRC-04-86-129 Page 4 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.
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:
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."
l 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 perfonnance.
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.
The Contractor shall proceed promatly with the performance of technical directions duly issued >y 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 1.
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.
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NRC-04-86-129 Pagt 5 D.
Any unauthorized comitment 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."
G.2 Project Officer A.
The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative i
i (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 i
increase in contract cost; or terminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.
l The Project Officer is responsible for:
(1)monitoringthe Contractor's technical progress, including surveillance and assessment of perfonnance, 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 j
this contract; and (5) assisting the Contractor in the resolution of technical problemt encountered during performance.
4 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 guidance from the Project Officer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of l
work or change to the expressed terms, conditions or specificationsincorporatedintothiscontract;(3)not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
)
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NRC-04-86-129 Page 6 1
B.
Name and Mail Code:
Daniel J. Guzy Office Address:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Mail Stop NL-005 Washington, DC 20555 I
(301)443-7894 G.3 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:
U.S. Nuclear Regulatory Commission 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 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 railing address of responsible official to whom payment is to be sent.
i (6) Other substantiating documentation or information as required by the contract.
G.4 Payment i
(a) Paynent shall be made in the amount of $15,931.00 to the l
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.
(b) Final payment shall be made in the amount of $15,933.00 to the contractor within 30 days after receipt of the final report as required in Section F.1.b.
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NRC-04-86-129 Page 7 (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 tems (Block 9 of Standard Fom
- 26) on the face page of the invoice.
G.5 Interest on Overdue Payments l
(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 l
Management and Budget Circular A-125, Vol. 47 Federal Register l
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 Connunications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
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NRC-04-86-129 Page 8 (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 Communications System, Contractor shall complete all items except item 4.
1.
Name and address of organization 2.
Contact person and telephone number I
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 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 l
transfer messages through, if it does not have access to the Federal Reserve Communications System 8.
Correspondent financial institution 9-digit ABA identifying i
number for routing transfer of funds 9.
Telegraphic abbreviation of correspondent financial institution 10.
Signature and title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of i
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.
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NRC-04-86-129 i
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Page 9 Section H - Special Contract Requirements H.1 Key Personnel (a) The following individuals are considered to be essential to the j
successful perfomance of the work hereunder.
Dr. Hasan Kamil, Principal Investigator Dr. Digambar P. Mondkar, Project Engineer 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 immediately i
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.
4 (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 infomation 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 i
and promptly notify the Contractor of his approval or disapproval thereof in writing.
(d) If the Contracting Officer detemines that suitable and timely replacement of key personnel who have been reassigned, teminated 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 I
of the contract or the service order, the contract may be teminated by the Contracting Officer for default or for the convenience of the l
Government, as appropriate, or, at the discretion of the Contracting j
Officer if he finds the Contractor at fault for the condition, the i
contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
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NRC-04-86-129 Page 10 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 performs 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 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 information 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 j
other comparable employment services for another Commission cost-type Contractor under its contract with the Commission 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 employees and of members of the public and to minimize danger from all hazards to life and property and shall ccmply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission 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 damages by reason of or in connection with such work stoppage.
I H.4 Dissemination of Contract Infomation (OMB Clearance Number 3150-0112)
The Contractor shall not publish, pemit to be published, or disseminate to the public any information, oral or written, i
concerning the work performed under this contract without the prior i
written consent of the Contracting Officer. Two copies of any infomation proposed to be published or disseminated shall be submitted to the Contracting Officer.
Failure to comply with this i'
clause shall be grounds for temination of this contract.
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NRC-04-86-129 Page 11 H.5 Private Use of Contract Infomation and Data Except as otherwise specifically authorized by Section H.,
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publication of contract work of this contract, or as otherwise approved by the Contracting Officer, infonnation and other data developed or acquired by or furnished the Contractor in the perfonnance of this contract, shall be used only in connection with 4
the work under this contract.
i H.6 Drawings, Designs, and Specifications All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, 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 j
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 otherwise 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 termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and l
use of information provisions, if any, of this contract.
i H.7 Proprietary Data and Confidential Information i
In connection with the performance of the work under this contract, be furnished, or may develop or acquire, the Contractor may(trade secrets) or confidential or privileged proprietary data technical, business, or financial information, including Comission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other infonnation which has not been released to the public or has been determined by the Ccmission to be otherwise exempt from disclosure to the public.
Contractor agrees to hold such information in confidence and not to i
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NRC-04-86-129 Pagg 12 directly or indirectly duplicate, disseminate, or disclose such infomation in whole or in part to any other person or organization except as may be necessary to ;,erform the work under this contract.
Contractor agrees to return such infomation to the Comission or i
otherwise dispose of it either as tho 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.
Contractor Organizational Conflicts of Interest (OMB Clearance Number H.8 3150-0112)
(a) Purpose. The primary purpose of this clause is to aid in (1) Is not placed on a conflicting ensuring that the Contractor:
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
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over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 620-1.5402(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 firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under i
The Contractor shall ensure that all employees who this contract.
j are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision If the Contractor believes with respect to itself or of this clause.
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 execution of such i
contractual arrangement.
3 (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 i
defined in 41 CFR 20-1.5402(a).
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NRC-04-86-129 Page 13 (2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government.
(e) Access to and use of information.
(1) If the Contractor in the performance of this contract obtains access to 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:
(i) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year after the i
release of such information to the public, or i
(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.
4 (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.
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NRC-04-86-129 Page 14 (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 Government's rights.
i (g) Renedies. For breach of any of the above prescriptions or for intentfonal nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 120-1.5411.
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NRC-04-86-129 Page 15 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. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE.
(APR1984) t Section F 52.212-13 STOP-WORK ORDER.
(APR1984)
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 CDNTINGENT FEES.
(APR1984) j 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984) 4 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY.
(APR 52.215-33 ORDER OF PRECEDENCE.
(JAN 1986) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(JUN 1985)
(APR1984))
(APR 1984 1
52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.
52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
(APR1984) 1 52.222-3 CONVICT LABOR.
(APR1984) 52.222-26 EQUAL OPPORTUNITY.
(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERAVETERANS(APR1984)
AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(AP 52.222-36 AUTHORIZATION AND CONSENT.
(APR 1984)--Alternate I.
i 52.227-1 l
1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT I
INFRINGEMENT.
(APR 1984) j 52.227-11 PATENTRIGHTS--RETENTIONBYTHECONTRACTOR(SHORTFORM).
)
(APR1984) j 52.229-3 FEDERAL, STATE,ANDLOCALTAXES(APR1984) l 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO.(ArR1984) 52.232-1 PAYMENTS.
(APR 1984) 4 52.232-23 ASSIGNMENT OF CLAIMS.
(JAN1986) 52.243-1 CHANGES--FIXED-PRICE.
(APR 1984)--Alternate 5. (APR 1984) i 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR1984) 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).
(APR1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).
(APR1984) 52.233-1 DISPUTES (APR1984)
NRC-04-86-129 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 " Improvement of Safety of Piping Systems Using Nonlinear Analysis Methods" l
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NRC-04-86-129 Page 17 PART IV - REPRESENTATIONS AND INSTRUCTIONS Section K - Representations, Certifications and Other Statenients of Offerors or Quoters K.1 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB Clearance Number 3150-0112)
I represent to the best of my knowledge and belief that:
The award to structural Anaivnin mochnn3 nni.. rnrof a contract or the modification of an existing contract does / / or does not /X 20-1.5403(b)ps of the type set forth in
/ involve situations or relationshi Attachment, paragraph If the representation as completed indicates that situations or relationships of the type set forth in Attachment 2 are involved or the Contracting Officer othemise determines that potential.
l 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) determine that it is othemise in the best interest of the United States to seek award of the contract under the waiver provisions of i 20-1.5411.
The refusal to provide the representation required by $20-1.5404(b) or upon request of the Contracting Officer the facts required by i
520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for i
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
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1aw 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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l NRC-04-86-129 Page 18 K.3 FAR Provisions 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION.
(APR1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, l
I without, for the purpose of restricting competition, any consultation, comunication, or agreement with any other offeror or competitor relating to (1)thoseprices,(ii)theintentiontosubmitanoffer,or(iii)themethods l
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, dkectly 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 l
any other concern to submit or not to submit an offer for the purpose of restricting competition.
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(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 detemining 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)(1)Hasbeenauthorizedinwriting,toactasagentforthe following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. D.r...Uasan. Kamil, P.r.a s idant................... [ insert full name of person (s) in the offeror's organization responsible for detemining the prices offered in this bid or proposal, and the title of his or her position in theofferor'sorganization].
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(1) above have not particip(ated, and will nota)(1)through(a)(3 participate, in any action contrary to subparagraphs above; and (iii) As an agent, has not personally partici participate, in any action contrary to subparagraphs (a)(1) pated, and will not through(a)(3) above.(c)Iftheofferordeletesormodifiessubparagraph(a)(2)above...the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
(R 7-2003.1 1975 OCT)
(R1-1.317)
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NRC-04-86-129 Page 19 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.
(1)/ / has, /X / has not employed or retained any person or company to solicit or obtain this contract; and (2)/ / has, /X / has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affimatively, to promptly submit to the Contracting Officer--
(1) A completed Standard Form 119. Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable j
solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.
i (Endofprovision)
(R7-2002.11974APR)
(R1-1.505) 1 52.215-6 TYPE OF BUSINESS ORGANIZATION.
(APR1984)
The offeror or quoter, by checking the applicable box, represents that it operates as /X / a corporation incorporated under the laws of the State of
.. cal. i f pt.rli a........, / / an individual, / / a partnership, / /a nonprofit organization, or / / a joint venture.
(Endofprovision)
(R SF 19B, Para 4,1976 JUNE) 52.215-11 AUTHORIZED NEGOTIATORS.
(APR1984)
The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations:
Name Title Telephone Number 4
Dr. Hasan Kamil President (408)446-1319 (Endofprovision)
(R3-501(b)SecK(iv))
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NRC-04-86-129 Page 20 52.215-20 PLACE OF PERFORMANCE.
(APR1984)
(a) The offeror or quoter, in the performance of any contract resulting from this solicitation. / / intends, / x/ 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 checks " intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Name and Address of Owner Place of Performance (Street and Operator of the Plant or Address, City, County, State, Facility if Other than Offeror ZipCode) or Quoter j
(End of provision)
(R 3-501(b) Sec K (viii))
52.219-1 SMALL BUSINESS CONCERN REPRESENTATION.
(APR1984)
The offeror represents and certifies as part of its offer that it /x / is,
/ / is not a small business concern and that /x / 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,"
i as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(Endofprovision)
(R 3-501(b)(3), Part IV, Section K, (1)(A) 1979 SEP) 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION.
(APR1984) 4 (a) Representation. The offeror represents that it / x/ is, / / is not a small disadvantaged business concern.
(b) Definitions.
" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.
" Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines. Vietnam, 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.
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i NRC-04-86-129 Page 21 "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
"Small disadvantaged business concern " as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more sociallyandeconomicallydisadvantagedindividualsand(2)hasitsmanagement and daily business controlled by one or more such individuals.
(c) Qualified groups. The offeror shall presume that socially and economically disadvantaged indiviauals include Black Americans, Hispanic Americans, Native Americans Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1.
(End of provision)
(R 7-2003.74 1980 AUG)
(R 3-501(b)(3), Part IV Section K, (1)(B) 1980 AUG) 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION.
(APR1984)
(a) Representation. The offeror represents that it / / is, / X / is not a women-owned small business concern.
(b) Definitions.
"Small business concern," as used in this provision, means a concern, I
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 i
at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.
(Endofprovision)
(RFPRTemp. Reg 481978DEC) 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES.
(APR1984)
(a)"Segregatedfacilities,"asusedinthisprovision,meansanywaiting 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.
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NRC-04-86-129 Pag 3 22 (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)Retainthecertificationsinthefiles;and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES.
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)
(R1-12.803-10(d))
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.
(APR1984)
The offeror represents that--
(a)It/ / has, / X/ 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/ / has, / X/ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)
(R7-2003.14(b)(1)(B)1973APR) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE.
(APR1984) 1 The offeror represents that (a) it / / has developed and has on file, /
/ has not developed and does not have on file, at each establishment, affinnative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it /x / has not previously had contracts subject to the written affinnative action programs requirement of the rules and regulations of the Secretary of Labor.
(Endofprovision)
(R 7-2003.14(b) 1979 SEP) i (R1-12.805-4) 7 A-s
NRC-04-86-129 Page 23 Section L - Instructions, Conditions, and Notices to Offerors or Quoters L.1 Solicitation Provisions 52.233-2 SERVICE OF PROTEST (JAN1985)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, shall be served on the Contracting Officer by obtaining written and s
dated acknowledgement of receipt from the Division of Contracts; U.S. Nuclear Regulatory Commission; 4550 Montgomery Avenue; Suite 2223; Bethesda, Maryland 20814.
(End of Provision)
L.2 Nondiscrimination Because of Age (FAR 22.901) 1 It is the policy of the Executive Branch of the Government that (a)
Contractors and Subcontractors engaged in the perforwence of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bonaffde occupational qualification, retirement plan, or statutory requirement, and (b) that Contractors and Subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, retirerent plan, or statutory requirement.
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