ML20210T346
| ML20210T346 | |
| Person / Time | |
|---|---|
| Issue date: | 09/26/1986 |
| From: | Garrick B, Thompson R NRC OFFICE OF ADMINISTRATION (ADM), PLG, INC. (FORMERLY PICKARD, LOWE & GARRICK, INC.) |
| To: | |
| Shared Package | |
| ML20210T329 | List: |
| References | |
| CON-FIN-D-1710, CON-NRC-04-86-134, CON-NRC-4-86-134 NUDOCS 8610080430 | |
| Download: ML20210T346 (36) | |
Text
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RATsNG PAGg or pag gs
- 1. THIS CONTRACT IS A HATED ORDER AWARD / CONTRACT UNDE R DPAS 115 CFR 350)
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- 2. CONTR ACT (Proc. East. iden f.) NO.
- 3. EFF ECT AVE DATE
- 4. REQUl5iTIOf's/PURCHA5E REQUE11/ PROJECT NO.
NrvC-04-86-134 9/30/86 S. ISSUED SY l
- 6. ADMINISTl; RED SY (1/ other shen forni d) l U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555
- 7. NAME AND ADDR ESS OF CONTR ACTOR (No...treet. city. county. Ss.de and EEP Codef
- 8. 0LLivERY Pickard, Lowe and Garrick, Inc.
FOB ORIGIN OTHER (sea tegen; 2260 University Drive
- 9. D15 COUNT FOR PROMPT PAYMENT Newport Beach, CA 92660 l ITEM
- 10. SUBMIT INVOICES (d copies anar.s other.
wi.e.Pecirsed; TO TH E 12 CODE F ACILITY CODE ADDRESS SHOV/ l IN:
- 11. 5H.P TO/ MARK FOR
- 12. PAYMENT WILL SE MADE SY See Section F.2 See Section G.3 I3. UTHORITY FOR USING OTHER THAPe FULL AND OPEN COMPC' TIT 14 NT4 PPROPRI FIN: 01710 APPRO. NO.: 31 X0200.606 10 u.S.c. 23o4(cit
)
4 u.S c.253teit 15A. ITEM NO.
ISB. SUPPLIES /SE RVICES 15C. QU ANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT The Contractor shall perform researc h entitled, "Ca librati 1g Methods for Expert Opinion Use in Risk Studi es" in accordan:e with the schedul e and the Contractor's proposal dated iarch 27,1986, which is incorporated herein and made a part 1ereof.
8610080430 860929 PDR CONTR NRC-04-86-134 PDR This is a firm fixed price contract.
15G. TOTAL AMOUNT OF CONTRACT > $49.949.00
- 16. TABLE OF CONTENTS V) lSEC. l DESCRIPTION lPAGE(S)
V) lSEC. l DESCRIPTION lPAGE(S)
PART I-THE SCHEDULE PART 11 - CONTR ACT CLAUSES A
A SOLICITATION / CONTRACT FORM i
XlI l CONTR ACT CLAUSES l 14 A
a SUPPLIES OR SERVICES ANDPRICES/ COSTS 2
PARv sii-List OP DOCUMENTS. ExHistTS AND OTHER ATTACH.
X C
DESCRIPTION / SPECS / WORK ST ATEMENT 2
XlJ l LIST OF ATTACHMENTS I 36 l
l X
D PACKAGING AND MARKING 2
PART IV - REPRESENTATIONS AND INSTRUCTIONS X
E.
INSPECTION AND ACCEPTANCE 2
K REPRESENTATIONS. CERTIFICATIONS AND X
F DELIVERIES OR PERFORMANCE 3
OTHER STATEMENT 9 OF OFFERORS X
G CONTRACT ADMINISTRATION DATA 4
L INSTRS..CONDS.. AND NOTICES TO OF FERORS X
H SPECIAL CONTRACT REQUIREMENTS 9
M EVALUATION FACTORS FOR AWARD CONTRACTING 0FFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABLE
- 17. @ CONTRACTOR'S NEGOTIATED gGREEMENT (Contractor is re.
18.
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19A. NAME AND TITLE OF &lGNER (Type or Print) 20A.NAME OF CONTRACT 4NG OFFICER l
B. John Garrick Ronald D. Thompson President
/
20C.DATE 54GNED l
198. N A Oq TRACTOR 19C.DATE 54GNED 20 JUNIT 0 5T ATE $ gF AMERICA f Q
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NSN 7540-01 152 8069 26107
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STANDARD FORM 26 (REV. 4 85)
GEEvsOUS EDITION UNU$ASLE rigdyY
- GPO. 1985 0 - 461-275 (418)
NRC-04-86-134 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The Contractor shall conduct research entitled " Calibrating Methods for Expert Opinion."
B.2 Total Fixed Price...................$49,949.00 Section C - Description / Specifications / Work Statement C.1 Statement of Work The work to be perfomed 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
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Research Program (SBIR) which is incorporated as attached (Attachment 5).
Section D - Packaging and Marking D.1 Packaging and Marking 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 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE.
(APR 1984)
(a) Definitions.
" Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the perfomance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.
Complete records of all inspection work perfomed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If any of the services do not confom with contract requirements, the Government may require the Contractor to perfom the services again in confomity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperfomance, the Government may (1) require the Contractor to take necessary action to ensure that future perfomance confoms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services perfomed.
NRC-04-86-134 Page 3 (e) If the Contractor fails to promptly perfom the services again or to take the necessary action to ensure future perfomance in confomity with contract requirements, the Government may (1) by contract or otherwise, perfom the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) teminate
~the contract for default.
(Endofclause)
(R7-1902.41971NOV)
Section F - Deliveries and Perfomance 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 December 1,1986 and January 30, 1987.
b.
A final report to include the results of the work perfomed under this contract shall be submitted to the project officer in one camera ready copy and three copies on' March 2, 1987.
In addition, one copy of the final report shall be submitted to the Contracting Officer on March 2,1987.
F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all delivery charges paid by the Contractor, to:
1.
Copies to Project Officer:
U.S. Nuclear Regulatory Comission Attn: James Johnson Office of Nuclear Regulatory Research Division of Risk Analysis and Operations Mail Stop: NL-005 Washington, D.C.
20555 2.
Copies to Contracting Officer:
U.S. Nuclear Regulatory Comission Attn: Contracting Officer Division of Contracts Mail Stop: AR-2223 Washington, D.C. 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 2,1987.
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NRC-04-86-134
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F.4 FAR Citations 52.212-13 STOP-WORK ORDER.
(APR1984)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall innediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work l
stoppage. Within a period of 90 days after a stop-woric order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1p Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Tennination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is' canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts a claim for the adjustment within 30 days
. after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim asserted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order l
1s terminated for the conveninece of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
(AV7-105.31971APR)
Section G - Contract Administration Data G.1 Technical Direction A.
Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.2 of this contract. The term " Technical Direction" is defined to include the following:
1.
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.
NRC-04-86-134 Page 5 2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions the work description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical infomation to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
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."
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3.
In any way causes an increase or decrease in the total contract price or the time required for contract perfomance.
4.
Changes any of the expressed tems, con'ditions 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 promptly with the perfomance of technical directions duly issued by the Project Officer in the I
manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any I
such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such i
notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advire the Contractor in writing that, in the Contracting Officer's i
opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
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.
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NRC-04-86-134 o
Page 6 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
,P_roject Officer A.
The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any aEtion which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.
The Project 6fficer is responsible for;:
(1)monitoringthe Contractor's technical progress, including surveillance and assessment of perfomance, and recommending to the Contracting Officer changes in requirements; (2) inter'preting 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 resolution of technical problems encountered ~during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit 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 descriptior, cf work set forth in the contract; (2) not constitute new assipiment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) r.ot constitute a basis for an extension to the period of perfomance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
Name and Mail Code:
James Johnson Office Address:
U.S. Nuclear Regulatory Comission Office of Nuclear Regulatory Research Mail Stop NL-005 l
l Washington, D.C. 20555 Telephone Number:
(301)443-7610
NRC-04-86-134 Page 7 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.
To constitute a proper invoice, the invoice must include the following infomation 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.
t (3) Description price and quantity of property and services actually delivered or rendered.
s (4) Shipping and payment tems.
(5) Name (where practicable), title, phone numbe'r, and complete mailing address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or infomation as required by the contract.
G.4 Payment (a) Payments shall be made in the amount of $16,000.00 to the contractor within 30 days after receipt of each of the two letter progress reports as required in Section F.1.a.
Payment shall not be made prior to receipt of said progress reports.
(b) Final payment shall be made in the amount of $17,949.00 to the contractor within 30 days after receipt of the final report as i
required in Section F.1.b.
(c) All contractor invoices shall identify the contract number and the report for which payment is claimed.
(d)
If this contract provides for a discount, the contract shall indicate the contract's discount terms (Block 9 of Standard Fom 26) on the face page of the invoice.
NRC-04-86-134 Page 8 G.5 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177(96 STAT.85,31USC 1801) is applicable to payments under this contract and requires the payment of interest to Contractors on overdue payments and improperly taken discounts.
(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125 Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations OMB Circular A-125 provides that:
(1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.
G.6 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
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NRC-04-86-134
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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 successful performance of the work hereunder.
Dr. Ali Mosleh, Principal Investigator The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and(c) hereof.
(b)
If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under,this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the~ work than indicated in the proposal or initially anticipated, the Contractor shall insnediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
(c) All requests for approval of substitutions h'ereunder 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 and promptly notify the Contractor of his approval or disapproval thereof in writing.
I (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 j
by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the I.
contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
I i
i NRC-04-86-134 Page 10 l
H.2 Consultant or Other Comparable Employwent Services of Contractor Employees (DMB Clearance Number 3150-0112)
The Contractor shall require all employees who are employed full-time i
(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 cangnsation received under terms of a contract with the Commission) 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-tire on the contract to agree, as a condition of his participation in such work, that he will not perform consultant or other comparable employment services for another Comm.ission 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 iha11 comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Departnent 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.
4 H.4 Dissemination of Contract Information (OMB Clearance Number 3150-0112)
The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral or written, concerning the work performed under this contract without the prior written consent of the Contracting Officer. Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer. Failure to comply with this clause shall be grounds for termination of this contract.
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- -- J NRC-04-86-134
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Page 11 H.5 Private Use of Contract Information and Data Except as otherwise specifically authorized by this contract or as otherwise approved by the Contracting Officer, infonnation and other i
data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
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 Connission at all reasonable times (for which inspection the proper facilities shall be afforded'the Connission 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 i
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 j
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 use of infonnation provisions, if any, of this contract.
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H.7 Proprietary Data and Confidential Information In connection with the perfonnance of the work under this contract, be furnished, or may develop or acquire, the Contractor may(trade secrets) or confidential or privileged proprietary data i
technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by l
l the Privacy Act of 1974 (P.L.93-579), or other infonnation which has not been released to the public or has been detennined by the Connission to be otherwise exempt from disclosure to the public.
Centractor agrees to hold such infonnation 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 perfonn the work under this contract.
Contractor agrees to return such information to the Connission or otherwise dispose of it either es 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. Failure to comply with this clause shall be grounds for tennination of this contract.
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NRC-04-86-134 Pags 12 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 contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described herein shall apply to perfomance 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 prov.ision of this contract, during the tem of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any fim or organization, the result of which may give rise to a conflict of interest with respect to the work.being performed under this contract. The Contractor shall ensure tha't 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
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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 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, j
it does not have any organizational conflicts of interest, as l
defined in 41 CFR 20-1.5402(a).
(2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement s h11 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 termination to be in the best interests of the l
Government.
I (e) Access to and use of infomation.
l (1)
If the Contractor in the performance 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:
NRC-04-86-134 Page 13 (1) Use such infomation for any private purpose until the infomation has been released to the public; (ii) compete for work for the Comission based on such infomation for a period of six (6) months after either the completion of this contract or the release of such infomation to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such infomation until one year af ter the release of such infomation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such infomation 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 4
confidential or privileged technical, business, or financial s
infomation under this contract, the Contractor shall treat such infomation in accordance with restrictions placed on use of the information.
(3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and
" Contracting Officer," shall be appropriately modified to preserve the Government's rights.
.(g) Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for i
such erroneous representations as necessarily imply bad faith, the Government may teminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other
-remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
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NRC-04-86-134 Page 14 PART II - CONTRACT CLAUSES Section I - Contract Clauses I.FEDERALACQUISITIONREGULATION(48CFRCHAPTER1) CLAUSES Section I 52.202-1 DEFINITIONS.
(APR1984)
(a) " Head of the agency" (also called " agency head").or " Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency, and, in the Department of Defense, the Under Secretary and any Assistant Secretary of the Departments of the Ariqy, Navy, and Air Force and the Director and Deputy Director of Defense agencies; and the term " authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the or Secretary.
agency (b) " Contracting Officer" means a person with the attthority to enter into, administer, and/or teminate contracts and make related deteminations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by
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the Contracting Officer.
(c) Except as otherwise provided in this contract, the tem " subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.
(Endofclause)
(R7-103.11979 MAR)
(R7-203.1)
(R7-302.1)
(R7-402.1)
(R7-901.1)
(R7-1902.1)
(R 7-1909.1) 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR1984)
-l No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corp (oration for the corporation's general benefit.
End of clause)
(R7-103.191949JUL)
(R 1-7.102-17) 52.203-3 GRATUITIES.
(APR1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
NRC-04-86-134 Page 15 (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
4 (b) The facts supporting this detemination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is teminated under paragraph (a) above, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as detemined by the agency head or a designee.
(This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
(R7-104.161952 MAR) 52.203-5 COVENANT AGAINST CONTINGENT FEES, (APR1984).,
(a) The Contractor warrants that no person or agency has been employed or i
retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.
For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b)"Bonafideagency,"asusedinthisclause,meansanestablished commercial or selling agency, maintained by a contractor for the purpose of l
securing business, that neither exerts nor proposes to exert improper influence I
to solicit or obtain Government contracts nor holds itself out as being able to l
obtain any Government contract or contracts through improper influence.
l
" Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of perfomance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
" Contingent fee," as used in this clause, means any comission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
" Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
(Endofclause)
(R 7-103.20 1958 JAN)
(R 1-1.503)
(R 1-7.102-18) 52.215-1 EXAMINATION OF RECORDS Bs COMPTROLLER GENERAL.
(APR1984) l (a) This clause applies if this contract exceeds $10,000 and was entered into by negotiation.
1
NRC-04-86-134 Page 16 (b) The Comptroller General of the United States or a duly authorized representative from the General Accounting Office shall, until 3 years after final payment under this contract or for any shorter period specified in Federal Acquisition Regulation (FAR) Subpart 4.7, Contractor Records Retention, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract.
(c) The Contractor agrees to include in first-tier subcontracts under this contract a clause to the effect that the Comptroller General or a duly authorized representative from the General Accounting Office shall, until 3 years after fir.al payment under the subcontract or for any shorter period specified in G R Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. " Subcontract," as used in this clause, excludes (1) purchase orders not exceeding. $10,000 and (2) subcontracts or purchase orders for public utility services at rates established to apply unifonnly to the public, plus any applicable reasonable connection charge.
(d) The periods of access and examination in paragtaphs (b) and (c) above for records relating to (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Comptroller General or a duly authorized representative from the General Accounting Office has taken exception shall continue until such appeals, litigation, claims, or exceptions are disposed of.
(End of clause)
(R 7-104.15 1975 JUN)
(R1-7.103-3) 1 52.215-33 ORDER OF PRECEDENCE.
(JAN1986)
Any inconsistency in this solicitation or contract shall be resolved by l
91ving precedence in the following order:
(a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.
(Endofclause) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(JUNE 1985)
(a) It is the policy of the United States that small business concerns and small business. concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems.
It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the tenns of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or
NRC-04-86-134 Page 17 surveys as may be conducted by the Unf ted States Small Business Administration or the awarding agency of the United States as may be necessary to detemine the extent of the Contractor's compliance with this clause.
(c) As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The tem "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern--
(1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (2) Whose management and daily business operations are controlled by one or more of such individuals.
The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act.
(d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
(Endofclause)
(R7-104.14(a)1980AUG)
(V FPR Temp. Reg. 50 1979 JUN and its Supplement 21980 MAY) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.
(APR1984)
(a) " Women-owned small businesses," as used in this clause, means businesses that are at least 51 percent owned by women who are United States citizens and who also control and operate the business.
" Control," as used in this clause, means exercising the power to make policy decisions.
" Operate," as used in this clause, means being actively involved in the day-to-day management of the business.
(b) It is the policy of the United States that women-owned small businesses shall have the maximum practicable opportunity to participate in perfoming contracts awarded by any Federal agency.
(c) The Contractor agrees to use its best efforts to give women-owned small businesses the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with the efficient performance of its contract.
(End of clause)
(7-104.52 1980 AUG)
(FPR Temp. Reg. 54 1980 MAY) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
(APR1984)
(a) Applicability. This clause is applicable if this contract exceeds the appropriate small purchase limitation in Part 13 of the Federal Acquisition Regulation.
NRC-04-86-134 Page 18 (b) Policy.
It is the policy of the Government to award contracts to concerns that agree to perform substantially in labor surplus areas (LSA's) when this can be done consistent with the efficient perfomance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use its best efforts to place subcontracts in accordance with this policy.
(c) Order of ) reference.
In complying with paragraph (b) above and with paragraph (c) of tie clause of this contract entitled Utilization of Small Business Concerns and Small Disadvantaged Business Concenis, the Contractor shall observe the following order of preference in awarding subcontracts:
(1) small business concerns that are LSA concerns, (2) other small business concerns, and (3) other LSA concerns.
(d) Definitions. " Labor surplus area," as used in this clause, means a geographical area identified by the Department of Labor in accordance with 20 CFR 654, Subpart A, as an area of concentrated unemployment or underemployment or an area of labor surplus.
" Labor surplus area concern," as used in this clause, mean's a concern that together with its first-tier subcontractors will perfom substantially in labor surplus areas. Perfomance is substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing, production, or perfonnance of appropriate services in labor surplus area's exceed 50 percent of the contract price.
(R 1-1.805-3(a))
(R7-104.20(a)1981May)
~
52.222-3 CONVICT LABOR.
(APR1984)
The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C.
4082(c)(2) and Executive Order 11755, December 29, 1973.
(End of clause)
R 7-104.17 1975 OCT)
R 7-607.12 1975 OCT)
]
(R1-12.204) 52.222-26 EQUAL OPPORTUNITY.
(APR1984)
(a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
i l
(b) During performing this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, c
without regard to their race, color, religion, sex, or national origin. This 1) shall include, but not be limited to, (1) employment, (ii) upgrading,(
demotion (iv) transfer, (v recruitment or recruitment advertising, layoffortermination,(vii rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.
i
NRC-04-86-134 Page 19 (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's comitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information reguired by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Fom 100 (EEO-1),
or any successor form, is the prescribed forin to be filed within 30 days following the award, unless filed within 12 months preceding the date of award.
(8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (0FCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulatibns, and orders.
(9) If the OFCCP detemines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended.
In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the tems and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these tems and conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1.
(End of clause)
(R7-103.181978SEP)
(R1-12.803-2)
(R7-607.131978SEP)
L NRC-04-86-134 Pag 3 20 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR1984)
(a) Definitions.
" Appropriate office of the State employment service system," as used in this clause, means the local office of the Federal-State national system of public employment offices assigned to serve the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
" Openings that the Contractor proposes to fill from within its own organization," as used in this clause, means employment openings for which no i_
one outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) will be considered and includes any openings that the Contractor proposes to fill from regularly established
" recall" lists.
" Openings that the Contractor proposes to fill under a customary and traditional employer-union hiring arrangement'," as used in this clause, means employment openings that the Contractor proposes to fill from union halls, under their customary and traditional employer-union hiring relationship.
" Suitable employment openings," as used in this' clause--
(1) Includes, but is not limited to, openings that occur in jobs categorized as--
- 1) Production and nonproduction; ii) Plant and office; iii) Laborers and mechanics; i ) Supervisory and nonsupervisory; i pi y Technical; and y ) Executive, administrative, and professional positions compensated on a salary basis of less that $25,000 a year; and llijd (2) Includes full-time employment, temporary employment of over 3 days, and part-time employment, but not openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer-union hiring arrangement, nor openings in an educational institution that are restricted to students of that institution, j
(b) General. (1) Regarding any position for which the employee or i
applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a special disabled or Vietnam Era veteran. The Contractor agrees to take affinnative action to employ, advance in employment, and otherwise treat qualified special disabled and Vietnam Era veterans without discrimination based upon their disability or i
veterans' status in all employment practices such as--
Empioyment; Upgrading; i
) Demotion or transfer; Recruitment; y Advertising; y ) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii)Selectionfortraining,includingapprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and Era Veterans' Readjustment Assistance Act of 1972 (y) issued under the Vi relevant orders of the Secretary of Labor (Secretar the Act), as amended.
(c) Listing openings. (1) The Contractor agrees to list all suitable employment openings existing at contract award or occuring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occuring
~
NRC-04-86-134 Page 21 at any Contractor facility, including one not connected with perfoming this contract. An independent corporate affiliate is exempt from this requirement.
(2) State and local government agencies holding Federal contracts of
$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service.
(3) The listing of suitable employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans.
This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the i
Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these tems and has'so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause.
may not be suitable for listing, including situations when (ployment opening 's (5) Under the most compelling circumstances, an em
- 1) the Government needs cannot reasonably be supplied, (ii) listing would be contrary to national security, or (iii) the requirement of listing would not be in the Government's interest.
(d) Applicability. (1) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
(2) The tems of paragraph (c) above of this clause do not apply to l
openings that the Contractor proposes to fill from within its own crganization or under a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer-union j
arrangement for that opening.
l (e) Postings. (1) The Contractor agrees to post employment notices stating (1) the Contractor's obligation under the law to take affimative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the tems of the Act, and is connitted to take affirmative action to employ, and advance in employment, qualified special disabled and Vietnam Era veterans.
(f) Noncompliance. If the Contractor does not comply with the requirements l
of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
(g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by
NRC-04-86-134
)
Page 22 rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the tems, including action for l
noncompliance.
(Endofclause)
(R7-103.271976JUL)
(R FPR Temp. Reg. 39) 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(APR1984)
(a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental handicap. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as--
- 1) Employment; 1 Upgrading; i)Demotionortransfer; v Recruitment; (v Advertising; s
y )) Layoff or temination; Rates of pay or other foms of compensation; a y1 viii)Selectionfortraining,includingapprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973(29U.S.C.793)(theAct),asamended.
(b) Postings. (1) The Contractor agrees to post employment notices stating (1) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped individuals and (ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a fom prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the tems of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified physically and mentally handicapped individuals.
(c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
(d) Subcontracts. The Contractor shall include the tems of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for i
noncompliance.
(Endofclause)
(R7-103.281976MAY)
(R FPR Temp. Reg. 38)
NRC-04-86-134 Page 23 52.227-1 AUTHORIZATION AND CONSENT.
(APR1984)
(a) The Government authorizes and consents to all use and manufacture, in perfoming this contract or any subcontract at any tier, of any invention described in and covered by a United States patent (1) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use necessaril results from compliance by the Contractor or a subcontractor with ( ) specifications or written provisions foming a part of thiscontractor(11 specific written instructions given by the Contracting Officer directing the manner of perfomance. The entire liability to the Government for infringement of a patent of the United States shall be detemined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.
(b) The contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in' all subcontracts at any tier for supplies or services (including construction, architect-engineer i
services, and materials, supplies, models, samples, and design or testing services expected to exceed $25,000; however, omission of this clause from any i
subcontract, under or over $25,000, does not affect this authorization and consent.
(End of clause)
(R 7-103.221961 JAN) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR1984)
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the perforinance of this contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services l
perfomed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and infomation in possession of the Contractor pertaining to such suit or claim. Such evidence and infomation shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.
(c) The Contractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services (including construction and architect-engineer subcontracts and those for material, supplies, models, samples, or design or testing services) expected to exceed the dollar amount set forth in 13.000 of the Federal Acquisition Regulation (FAR).
(End of clause)
(R7-103.231965JAN) yv.--,m.---.m_.-
m,..,,
~,, _ _ _ _. - _, - _ _. -
..-------,_....r..,,.,_m.-,_...
m.--.
5 NRC-04-86-134 Page 24 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).
(APR1984) 4 (a) Definitions.
"Invention" means any invention or discovery which is or may be patentable j
or otherwise protectable under Title 35 of the United States Code.
" Subject invention" means any invention of the Contractor conceived or first actually reduced to practice in the performarce of work under this contract.
" Practical application" means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in i
the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent pemitted by law or Government regulations, available to the public on reasonable terms.
"Made," when used in relation to any invention, means the " conception or first actual reduction to practice of such invention.
"Small business firm" means a small domestic bus'iness concern as defined at Section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administrat16rr. For the purpose of this clause, the size standards for small business concerns involved in Government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used.
" Nonprofit organization" means a domestic university or other institution of higher education or an organization of the type described in section 4
501(c)(3) of the Internal Revenue Code of 1954(26U.S.C.501(c)andexempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C.
i 501(a) or any domestic nonprofit scientific or educational organization qualified under a state nonprofit organization statute.
(b) Allocation of principal rights. The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal i
Government shall have a nonexclusive, nontransferable, irrevocable, paid-up j
license to practice or have practiced for or on behalf of the United States the subject invention throughout the world.
,J (c) Invention disclosure, election of title, and filing of patent applications by Contractor.
1 (1) The Contractor shall disclose each subject invention to the Contracting Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure to the Contracting Officer shall be in the fom of a written report and shall identify the contract under which the invention was made and the inventor (s).
It shall be sufficiently complete in technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation, and physical, chemical, biological, or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale, or
NRC-04-86-134
~
Page 25 public use of the invention and whether a manuscript describing the invention j
has been submitted for publication and, if so, whether it has been accepted for j
publication at the time of disclosure.
In addition, after disclosure to the Contracting Officer, the Contractor shall promptly notify the Contracting Officer of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Contractor.
(2) The Contractor shall elect in writing whether or not to retain title to any such invention by notifying the Federal agency within 12 months of disclosure; provided, that in any case where publication, on sale, or public use has initiated the 1-year statutory period wherein valid patent protection can still be obtained in the United States, the period of election of title may be shortened by the agency to a date that is no more than 60 days prior to the j
end of the statutory period.
(3) The Contractor shall file its initial patent application on an elected invention within 2 years after election or, if earlier, prior to the end of any statutory period wherein valid patent protection can'be obtained in the United States after a publication, on sale, or public use. The Contractor will file patent applications in additional countries within either 10 months 4
of the corresponding initial patent application or 6 mon.ths from the date pennission is granted by the Comissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order.
J (4) Requests for extension of the time for disclosure to the Contracting Officer, election, and filing may, at the discretion of the funding l
Federal agency, be granted.
(d) Conditions when the Government may obtain title. The Contractor shall convey to the Federal agency, upon written request, title to any subject invention--(1) If the Contractor fails to disclose or elect the subject invention within the times specified in paragraph (c) above, or elects not to j
retain title (the agency may only request title within 60 days after learning
)
of the Contractor's failure to report or elect within the specified times);
(2) In those countries in which the Contractor fails to file patent applications within the times specified in paragraph (c) above; provided, however, that if the Contractor has filed a patent application in a country after the times specified in paragraph (c) above, but prior to its receipt of the written request of the Federal agency, the Contractor shall continue to retain title in that country; or (3) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.
(e) Minimum rights to contractor.
(1) The Contractor shall retain a nonexclusive, royalty-free license throughout the world in each subject invention to which the Government obtains title except if the Contractor fails to disclose the subject invention within the times specified in paragraph (c) above. The Contractor's license extends to its domestic subsidiaries and i
affiliates, if any, within the corporate structure of which the Contractor is a l
part and includes the right to grant sublicenses of the same scope to the
{
extent the Contractor was legally obligated to do so at the time the contract j
was awarded. The license is transferable only with the approval of the funding Federal agency except when transferred to the successor of that part of the Contractor's business top which the invention pertains.
NRC-04-86-134 Page 26 (2) The Contractor's domestic license may be revoked or modified by i
the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions in the Federal Property Management Regulations and agency licensing regulations (if l
any). This license shall not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the funding Federal agency to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.
(3) Before revocation of modification of the license, the funding l
Federal agency shall furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor shall be allowed 30 days i
(or such other time as may be authorized by the funding Federai agency for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to ap>eal, in accordance with applicable agency licensing regulations (if any) and the Federal Property Management Regulations concerning the Itcensing of Government-owned inventions, any decision concerning the revocation or modification of its license.
(f) Contractor action to protect the Government's interest.
(1)The Contractor agrees to execute or to have executed and promptly deliver to the Federal agency all instruments necessary to (1) establish or confirm the rights i
the Government has throughout the world in those subject inventions to which the Contractor elects to retain title,(and (ii) convey title to the Federal agency when requested under paragraph d) above, and to enable the Government i
to obtain p(atent protection throughout the world in that subject invention.
- 2) The Contractor agrees to require, by written agreement, its l
employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of i
patent matters and in a format suggested by the Contractor each subject invention made under contract in order that the Contractor can comply with the disclosure provisions of paragraph (c) above, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions.
i This disclosure format should require, as a minimum, the information required I
bysubparagraph(c)(1)above. The Contractor shall instruct such employees through employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.
(3) The Contractor shall notify the Federal agency of any decision l
not to continue the prosecution of a patent application, pay maintenance fees.
l or defend in a reexamination or opposition proceeding on a patent, in any j
country, not less than 30 days before the expiration of the response period the relevant patent office, required by(4) The Contractor agrees to include, within the specification of any i
j United States patent application and any patent issuing thereon covering a i
l-subject invention, the following statement:
"This invention was made with Government support under (identify the contract) awarded by (identify the Federal agency). The Government has certain rights in this invention."
i r
NRC-04-86-134 Page 27 j
(g) Subcontracts.
(1) The Contractor shall include this clause (52.227-11 of the Federal Acquisition Regulation (FAR)), suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental, or research work to be perfomed by a small business fim or nonprofit organization. The subcontractor shall retain all rights provided for the Contractor in this clause, and the Contractor shall not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions.
(2) In the case of subcontracts, at any tier, when the prime award with the Federal agency was a contract (but not a grant or cooperative agreement), the agency, subcontractor, and the Contractor agree that the mutual l
obligations of the parties created by this clause constitute a contract between the subcontractor and the Federal agency with respect to those matters covered j
by this clause.
(h)Reportingutilizationofsubjectinventions. The Contractor agrees to submit on request periodic reports no more frequently than annu' ally on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the Contractor or its licensees or assignees. Such reports shall include infomation regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and such other data and information as the agency may reasonably specify. The Contractor also agrees to provide additional reports as may be requested by the agency in connection with any march-in proceedings undertaken by the agency in accordance with paragraph (j) of this clause. To the extent data or infomation supplied under this paragraph is considered by the Contractor, its licensee, or assignee to be privileged and confidential and is so marked, the agency agrees that, to the extent pemitted by law, it shall not disclose such information to persons outside the Government.
j (i) Preference for United States industry. Not withstanding any other i
provision of this clause, the Contractor agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an I
agreement may be waived by the Federal agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(j) March-in rights.
(1) The Contractor agrees that with respect to any subject invention in which it has acquired title, the Federal agency has the i
right in accordance with the procedures in FAR 27.304-1(g) to require the l
Contractor, an assignee, or exclusive licensee of a subject invention to grant l
a nonexclusive, partially exclusive, or exclusive license in any field of use l
to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the Contractor, assignee, or exclusive licensee i
refuses such a request, the Federal agency has the right to grant such a license itself if the Federal agency determines that--
i F
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.--.n
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.--.--,-----.,o.-..
NRC-04-86-134 Page 28 i
)
(i) Such action is necessary because the Contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use; (ii) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Contractor, assignee, or their licensees; (iii) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the Contractor, assignee, or licensees; or (iv) Such action is necessary because the agreement required by paragraph (1) of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.
(k) Special provisions for contracts with nonprofit organizations.
If the Contractor is a nonprofit organization, it agrees that--
(1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal agency, except where such l
assignment is made to an organization which has as one of its primary functions the management of inventions and which is not, itself, erfgaged in or does not is hold a substantial interest in other organizations engaged in the manufacture or sale of products or the use of processes that might utilize the invention or l
be in competition with embodiments of the invention (provided, that such assignee will be subject to the same provisions as the Contractor);
(2) The Contractor may not grant exclusive licenses under United States patents or patent applications in subject inventions to persons other i
than small business fims for a period in excess of the earlier of--
(1) Five years from first comercial sale or use of the invention; or t
(ii) Eight years from the date of the exclusive license excepting that time before regulatory agencies necessary to obtain premarket
. clearance, unless on a case-by-case basis, the Federal agency approves a longer i
exclusive license.
If exclusive field-of-use licenses are granted, commercial sale or use in one field of use will not be deemed comercial sale or use as to other fields of use, and a first comercial sale of use with respect to a product of the invention will not be deemed to end the exclusive period to l
different subsequent products covered by the invention; (3) The Contractor shall share royalties collected on a subject i
i invention with the inventor; and (4) The balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education.
(1) Comunications. Reserved.
~---
(Endofclause)
(R 7-302.23(h) 1981 JUL) l l
l l
i
NRC-04-86-134 Page 29 52.229-3 FEDERAL, STATE,ANDLOCALTAXES(APR1984)
(a) " Contract date " as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.
"All applicable Federal, State, and local taxes and duties," as used in this clause, means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
"After-imposed Federal tax," as used in this clause, means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.
It does not include social security tax or other employment taxes.'
"After-relieved Federal tax," as used in this clause, means any amount of Federal excise tax or duty, except social security or other employment taxes, that would othemise have been payable on the transactiqns or property covered by this contract, but which the Contractor is not requirerd to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.
(b) The contract price includes all applicable Federal *, State, and local i
taxes and duties.
(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no i
amount for such newly imposed Federal excise tax or duty or rate increase was 1
included in the contract price, as a contingency reserve or othemise.
(d) The contract price shall be decreased by the amount of any I
after-relieved Federal tax.
l (e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $100.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.
l (h) The Government shall, without liability, furnish evidence appropriate to establish exemption fom any Federal, State, or local tax when the l
Contractor requests such evidence and a resonable basis exists to sustain the exemption.
1 (Endofclause) l (R7-103.10(a)1971NOV)
(R1-11.401-1(c))
l l
)
NRC-04-86-134 i
Page 30 1
52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO.
(APR1984) 4 The term " local taxes," as used in the Federal, State, and local taxes clause of this contract, includes taxes imposed by a possession of the United l
States or by Puerto Rico.
(Endofclause)
(AV7-103.10(c)1963NOV)
(AV1-11.401-3(a))
i i
52.232-23 ASSIGNMENT OF CLAIMS.
(JAN1986)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 l
U.S.C. 3727, 41 U.S.C.15 (hereafter referred to as the "the Act"), may assign its rights to be paid amounts due or to become due as a result,of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency.- The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this l
clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment j
may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.
j (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing.
4 (Endofclause) 52.233-1 DISPUTES.
(APR1984)
(a) This contract is subject to the Contract Disputes Act of 1978(41 U.S.C.601-613)(theAct).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.
(c) " Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government
NRC-04-86-134 Paga 31 against the Contractor shall be subject to a written decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that--
(1))The claim is made in good faith; Supporting data are accurate and (ii the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable.
(3) (1) If the Contractor is an individual, the certification shall be executed by that individual.
(ii) If the Contractor is not an individual, the certification shall be executed by(A) A senior company official in charge at the Contractor's plant or location involved; or (B) An officer or general partner of the Co'ntractor having overall responsibility for the conduct of the Contractor's affairs.
(e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render.a decision within 60 days of the request. For Contractor-certified claims ove'r $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. '
(g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that
. date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.
(h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.
(End of clause)
(R7-103.121980JUN)
(R FPR Temporary Regustion 55-I1 1980 JUN) 52.243-1 CHANGES--FIXED-PRICE.
(APR 19C4,--Alternate V.
(APR1984)
(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:
Drawings, designs, or specifications.
Method of shipment or packing.
Place of inspection, delivery, or acceptance.
(b) If any such change causes an increase or decrease in the cost of, or item required for, perfonning this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in (1) the contract price, the time of performance, or both; and (2) other affected tenns of the contract, and shall modify the contract accordingly.
NRC-04-86-134
~
Page 32 (c) The Contractor must submit any " proposal for adjustment" (hereafter referred to as proposal) under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.
(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
(End of clause)
(R7-103.21958JAN)
(R1-7.102-1)
(R7-304.11965JUN)
(R 1-7.304-1) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR 1984)
(a) Except as provided in paragraphs (b) and (c) bU ow, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be perfomed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that (1) occurs after Government acceptance of services performed under this contract and (2) results from any defects or deficiencies in the services perfomed or materials furnished.
(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, services perfonned or materials furnished results from willful misconduct or lack of 9ood faith on the part of any of the Contractor's managerial personnel. The i
tem " Contractor's managerial personnel," as used in this clause, means the i
Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of--
l (1) All or substantially all of the Contractor's business; I
(2) All or substantially all of the Contractor's operations at any l
one plant, laboratory, or separate location at which the contract is being performed; or (3) A separate and complete major industrial operation connected with l
the performance of this contract.
(c) If the Contractor carries insurance, or has established a reserve for l
self-insurance, covering liability for loss or damage suffered by the l
Government through the Contractor's perfomance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials i
furnished under this contract.
i (d) The Contractor shall include this clause, including this paragraph l
(d), supplemented as necessary to reflect the relationship of the contracting parties, in all subcontracts over $25,000.
(Endofclause)
(R7-19121974APR)
I i
NRC-04-86-134 Page 33 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS.
(APR1984)
(a) " International air transportation," as used in this clause, means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States." United States," as used in this clause, means the 50 States, the District of Columbia, the Consnonwealth of Puerto Rico, and possessions of the United States."U.S.-flag air carrier," as used in this clause, means an air carrier j
holding a certificate under section 401 of the Federal Aviation Act of 1958 (49 i
U.S.C. 1371).
(b) Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.1517) (Fly America Act) requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available.
It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for i
foreign-flag air transportation, to disallow expenditures'from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
(c) The Contractor agrees, in perfonning work under this contract, to use U.S.-flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent that service by those carriers is available.
(d) In the event that the Contractor selects a carrier other than a U.S.-
flag air carrier for international air transportation, the Contractor shall include a certification on vouchers involving such transportation essentially as follows:
CERTIFICATION OF UNAVAILABILITY OF U.S.-FLAG AIR CARRIERS I hereby certify that international air transportation of persons (and i
their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section'47.403 of the Federal Acquisition Regulation): [ State l
reasons]:.....................................................
(Endofcertification)
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
(Endofclause)
(R7-104.951979NOV)
(R1-1.323-2) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM).
(APR1984)
)
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest.
If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.
(Endofclause)
(R 1-8.705-1) i
NRC-04-86-134
~
Paga 34 (R 1-8.705-2)
(R7-103.21(a)1968FEB)
(R7-602.29(b)1965JAN) 52.249-8 DEFAULT (FIXED-PRICESUPPLYANDSERVICE).
(APR1984)
(a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole i
or in part 1f the Contractor fails to--
(1) Deliver the supplies or to perfom the services within the 1
time specified in this contract or any extension; (ii) Make progress, so as to endanger perfomance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).
subdivisions (1)(ii) and (1)(111)ght to teminate this contract under (2)TheGovernment' sri does not cure such failure within 10 days (y be exercised if'the Contractor above, ma i
or more if authorized in writing by l
the Contracting Officer) after receipt of the notice frgm the Contracting Officer specifying the failure.
(b) If the Government teminates this contract in whole or in part, it may s
acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those teminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not teminated.
i (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perfom the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy), (2) acts of the Government in either its sovereign or contrac i
(3 capacity,(8)freightembargoes,and(9 unusually severe weather. In each
- strikes, instance the failure to wrfom must be beyond the control and without the fault or negligence of tie Contractor.
(d) If the failure to perfom is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
(e) If this contract is teminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by l
the Contracting Officer, any (1) completed supplies, and (2) partially j
completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, infomation, and contract rights (collectively referred to as j
l
" manufacturing materials" in this clause) that the Contractor has specifically l
produced or acquired for the teminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.
(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on t
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NRC-04-86-134 Page 35 the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.
(h) The rights and remedies of the Governrent in this clause are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
(R 1-8.707)
(R7-103.111959AUG)
O I
l
NRC-04-86-134 Page 36 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 5
Contractor's technical proposal in response to the FY 1986 Small Business Innovation Research Program (SBIR) entitled, " Calibrating Methods for Expert Opinion Use in Risk Studies"
. _ _, - _ _ _ _ _, _ _. _... _. -. _,.. _ _... _.. _, _ _ _ _ _. _ _ _ _, _ _. _ -. _, _ _ _