ML20211L106
| ML20211L106 | |
| Person / Time | |
|---|---|
| Issue date: | 12/09/1986 |
| From: | Hagey H, Willingham M NRC OFFICE OF ADMINISTRATION (ADM), NUCLEAR DATA, INC. |
| To: | |
| Shared Package | |
| ML20211L096 | List: |
| References | |
| CON-NRC-30-87-286 NUDOCS 8612150304 | |
| Download: ML20211L106 (57) | |
Text
R A16NG PAGE OF PAC Eb
' AWARD / CONTRACT
- 1. THIS CONTRACT IS A RATED ORDER UNDEM DPAS 115 CF R 350) 1 l 57
.t
- 2. CONT R AC T (Proe."Jaa t Jden t. A N O.
- 3. EF F ECT 4 vE DAT E
- 4. REQu eit T ION /PURCMASE REQUEST / PROJECT NO.
NRC-30-87-286 10/1/86 RFPA No. RG3-87-287, dated 7/25/86 El
- 6. AtJM6N15TERED SY (J/ other then Jtem SJ l
5.155UED 84 U.S. Nuclear Regulatory Carmission Division of Contracts Washington, DC 20555
- 7. NAME AND ADDRESS OF CONT R ACTOR (No..atreet, city. county. Seete end 2tP Code)
- 8. DELt V E R Y FOB ORIGIN OTHER (See 6elow)
Nuclear Data, Inc.
8 D'5 COUNT r OR eROuPT PAvMENT Golf and Meacham Roads Schaumburg, IL 61096 Net 30 leTEM
- 10. SUBMIT INVOICES (4 copies maarse other.
wier speeltsed) TO THE G.4 CODE FACil.lTY CODE ADDRESS SHOWN IN:
11.5 Hip TO/ MARK FOR
- 12. PAYMENT WILL SE MADE OY CODE U.S. Nuclear Regulatory Ccmt&991cn See Section F, Subsection F.2 CRM/ Division of Accounting & Finance Washington, DC 20555 13...UTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETa-
- 14. ACCOUNTING AND APPROPRI ATION DAT A TlON:
See Page 2 10 u.S.C. 23o4(c):
)
@at u.S C.253 cit 1
)
15A. ITEM NO ISB. SUPPLIES / SERVICES 15C. QU ANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT Maintenance of 17 Multichannel Analyzers Iocated in the Five NRC Regional locations 8612150304 861209 CONTR PDR PDR NRC-30-07-286 15G. TOTAL AA40UNT OF CONTRACT > $ 61,083.uu
- 16. TABLE OF CONTENTS V) l SEC. l
, DESCRIPTION lPAGE(S)
V) lSEC. l DESCRIPTION lPAGE(S)
PART I - THE SCHEDULE PART tl-CONTRACT CLAUSES T
~A SOLICITATION / CONTRACT FORM 1
Xl 1 l CONTRACT CLAUSES ld
. X B
SUPPLIES OA SERVICES AND9 RICES / COSTS 2
PART ilt - LIST OF DOCUMENTS. EXHIBITS AND OTHE R ATT ACH.
i X
C DESCRIPTION /SPECSJWORK STATEMENT J_
XlJ l LIST OF ATTACHMENTS 157 X
D PACKAGING AND MARKING I/
PART IV - R EPRESENTATIONS AND INSTRUCTIONS X
E INSPECTION AND ACCEPTANCE l7 K
REPRESENTATIONS. CERTIFICATIONS AND X
F DELIVERIES OR PERFORMANCE l8 OTHER STATEMENT 9 OF OFFERORS X
G CONTRACT ADMINISTR ATION DATA p
L INSTRS.CONDS.. AND NOTICES TO OFFE RORS X
H SPECIAL CONTRACT REQUIREMENTS 23 M
EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETEITEM 110R 18 AS APPLICABLE 17.
CONTRACTOR'S NEGOTIATED AGhtEEMENT (Contreetor da re.
18.
AWARD (Contractor is not required to sign this document.) Your copies to innoint office.)
of ter on Soncetation Number btred to alen than document and returnatractor agrees to furnish and asuver an stems or perform au tne services set mesuding the addit 6ons or changes maos ey you wheen acosteons or cnantes toren er ctnerwise noentifiec above and on any continuation sheets for the are set forth in fuse above is heremy accooted as to the items hsted above and Ensioerit6on stated herein. The rights and obbsations of the parties to this on any contmuation snests. This aware consummates the contract wnicn con-eontract shalt be suesect to and 9overned by one fonowing documents: (a) this sists of tne tonowmg cocuments: ta) the Government's soucitation and your awort/ contract if any, ano (c) suen provisions. representa-of fer, and (b) this awara/ contract, nu further contractuai cocument is neces-tions. c~rtit6caiso(c) the soucitationspecificalions as are attached or 6ncorporated by
- sary, ns, and reference herem. (Atreehments are listed herein.)
19A. NAME AND 16TLE OF $6GNER (Type or prsnt) 20A, NAME OF CONTR ACTlNG OF F8CER nrktin.h);llo,9,u,kv-
/
OM/ntcf hhnkisth Helen Hagey 198 NAME OF CONT R ACTOR 19C.DATE SIGNED 208.
i EDSTATES F AMERICA 20C. DATE SaGNED BY I
MIbe M
/2
/'6 BY n
N (Sarnature of pereon au thoessed to angn>
(ssenetide of Ce3ntroQs Olneer) lc)
{
d NSN 75'0 01152 8069 26 107 STANDARD FORM 26 (REV.4 85) prescreced by GSA PREVi!US E0tTION UNUSAOLE
- GPO : 1985 0 - 461-275 (418)
owi,-au-o,-ann I
hige J System System
-e Fecion M
Number Monthly Cont Total Cost.
I I
Pennsylvania ND6620 96-0430
$ 607.50
$7,290.00 ND66 96-1325 II. Georgia ND6620 96-0429
$1,833.33
$22,000.00
)
ND66 96-1320-ND6620 96-0231 ND66 96-2069 ND6660 96-2070 ND76 96-2320 III. Illinois ND6620 96-0431
$1,300.00
$15,600.00 ND6620 96-0829
)
IV.
Texas ND6680 96-0432
$1,433.33
$17,200.00 ND66 96-1486 i
ND6620 96-1726 i
ND6 V.
California ND6620 96-0433
$1,166.13
$13,993.00 ND66 96-1487 ND9900 96-2377 ND6
$76,083.00 Total The amount of $1,000.00 per region has been added to cover travel in the event the equignent has been tenporarily moved to remote locations (i.e, during incident responses).
l l
1 Accounting and Appropriation Data:
FIN Ntznber Allotment Number B&R Numter Amount Region I C3007 31X0200.917 91-20-25-53-8 $ 8,290.00 Region II C3007 31X0200.927 92-20-25-53-8 $23,000.00 Region III C3007 31X0200.937 93-20-25-5-38 $16,600.00 Region IV C3007 31X0200.947 94-20-25-53-8 $18,200.00 Region V C3007 31X0200.957 95-20-25-5-38 $14,993.00 O
NRC-30-87-286 Page 3 B.3 Remittance Address Name:
Nuclear Data, Inc.
Address:
Golf and Meacham Roads Schaumburg, Illinois 60196 Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1
Background
In support of the Independent Measurements Program which is an integral part of the NRC/IE Inspection Program, all NRC Regional Offices have been equipped with Nuclear Data Ganna Spectroscopy Systems.
These systems were acquired to provide IE with analytical capability to verify licensees' ability to quantitatively measure radioactive effluents and environmental samples.
In the event of any emergency, all regions can respond and independently analyze samples and provide information to the staff to evaluate and assess the radiological impact.
This independent 4
measurement capability has been identified and listed in the TMI Action Plan as Item III.D.2.6.
C.I.2 Contract Objectives A.
The contractor shall provide, on a timely basis, as specified below, all necessary services including all materials, consisting of but not limited to repair parts, tools and computer codes, all required labor, and all travel expenses, except as set forth in Subparagraph 4, below to repair and render periodic preventive maintenance, as specified below, for all Nuclear Data Spectroscopy Systems, and peripherals, located in the five NRC Regional Offices or mobile vans, regardless of location, as specified in Item C.
B.
The provision of such services shall result in the covered equipment remaining in good functional operating condition at all times to perform the required routine and emergency tasks.
C.
Specific tasks to be performed pursuant to this contract are set forth below:
1.
The contractor shall render preventive maintenance to all covered' equipment at a mutually agreeable time during normal working hours at six (6) month intervals.
Such preventive I
maintenance calls shall consist of testing the complete systems to insure maximum operational capability.
It is understood and
. agreed that such preventive maintenance will not include routine cleaning and/or filter replacement for peripheral units.
Such o
inspections shall be conducted only when covered equipment is located at each respective home base, i.e., at the NRC Regional Office to which it is assigned, the locations of which are set forth below:
- ~ - _ -, -
NRC-30-87-286 4,
Page 4 Region I:
631 Park Avenue King of Prussia, Pennsylvania 19406 Region II:
101 Marietta 5treet, Suite 3100 Atlanta, Georgia 30303 Region III:
799 Roosevelt Road Glen Ellyn, Illinois 60137 Region IV:
611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Region V:
1450 Maria Lane, Suite 210 Walnut Creek, California 94596 2.
The contractor shall provide nonnal work day on-demand repair service on all covered equipment, as required by the NRC personnel specified below only, within forty-eight (48) hours of placement of a telephone service request.
Where Saturdays, Sundays, or holidays intervene between the placement of a service call and the point forty-eight (48) hours thereafter, the contractor shall make his best effort to service the equipment before the intervening Saturday, Sunday, or holiday has arrived.
In no event, however, shall more than forty-eight (48) hours elapse between the placement of a service call and the rendering service, when such service would be rendered between Monday and Friday, excluding holidays.
3.
The following individuals are those who are authorized to place service calls on behalf of the government, pursuant to this contract:
Region I:
James J. Kottan Region II:
David J. Montgomery Region III:
Albert J. Januska Region IV:
Blair Nicholas Region.V:
Gerald H. Hamada Regions I-V:
Marty Kerlin, Region III 4.
'Upon the telephonic request from one of the above individuals or their designees, the contractor shall provide technical advice such that the calling party may troubleshoot operational l
problems so as to possibly avoid the need to request a service visit from the contractor.
It is mutually understood, however, j
that such troubleshooting is intended only as a means of identifying the cause of problems that are not hardware related.
NRC staff will at no time undertake repair of any covered equipment in the stead of the contractor.
i n--.---,
n -..- ~ -
NRC-30-87-286
.: y Page 5 D.
From time to time, covered equipment may be moved on a temporary basis to remote locations by NRC-owned mobile vans.
During such periods, should repair of covered equipment be required, the l
contractor shall effect such repairs at the remote location (s).
In these instances only, the contractor will be reimbursed for travel time in accordance with the schedule set forth below, and for travel expenses from the contractor's facility or the NRC Regional Office home base to the remote location, whichever is shorter, in accordance with Section G.6 of this contract, entitled " Travel Reimbursement."
1.
Travel time at the rate of $90.00 per hour from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal holidays.
2.
Travel time at the rate of $110.00 per hour from 5:00 p.m. to 8:00 a.m., Monday through Friday, excluding Federal holidays.
3.
Travel time at the rate of $110.00 per hour at all hours on Saturdays, excluding Federal holidays.
4.
Travel time at the rate of $120.00 per hour at all hours on any Sunday and Federal holiday.
No separate compensation will be paid to the contractor for onsite labor furnished in performing repairs on NRC equipment located at remote locations.
E.
Exclusions As part of contract performance, the contractor shall not be responsible for the following:
1.
Problems caused by improper installation, application, maintenance, alteration, or by factors external to the equipment such as deficiencies in air conditioning, humidity control, or electrical power.
2.
Equipment contaminated with radioactive material to a degree prohibiting legal shipment by nonnal connercial means without special procedures and/or markings.
~
3.
Repair service for equipment located in any area in which extraordinary procedures are necessary to protect contractor employees from radioactive materials.
4.
Routine cleaning and/or filter replacement for peripheral units such as disk drives or magnetic tape units.
This type of
' maintenance is required frequently and must be the responsibility of the equipment user.
5.
Relocation of the government.
l
NRC-30-87-286 Pag? 6
-/
Responsibilities of the government:
1.
Government personnel shall not. perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to by the contractor.
2.
Subject to safety regulations, the Government shall permit access to the equipment which is to be maintained.
C.1.3 Scope of Work The contractor shall provide preventive maintenance and emergency repair services for the following equipment in accordance with the requirement herein:
EQUIPMENT LIST REGION I, KING OF PRUSSIA, PENNSYLVANIA ND PART NUMBER DESCRIPTION System 96-0430 88-0602 66 CAB 521N W/P DSTB 88-0592 ND 6600 8ASIC SYSTEM 70-2491 ND-FPM-A 70-2325 ND-SKM-A 84-0345 6600 MIDAS 70-2330 ND-I0B-A 84-0344 6600 DAS 70-2440 ND-DKI-A 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 88-0605 TRM DSP 12IN CRT 84-0348 6600 TERM DSP 12 84-0369 6600SYS COMM SCP/SCE 70-2630 ND-RODT-A 88-0595 ND 570 ADC 80 MHZ
~
88-0595 ND 570 ADC 80 MHZ 84-0382 6600DD FLP DISK CNTL 88-0638 6600S FLPY DRV ASSY 71-0476 SCP/ REMOTE MNFLD 4FT 86-0801 IGC DET 18% 30LT NOT COVERED
NRC-3 0-87-286 f
Page 7 HD PART NUMBER DESCRIPTION System 96-1325 88-0629 ND66 TERM-MCA/9 70-2555 ND-ACD-A 70-2555 ND-ACD-A 70-2582 ND-AMB-A 70-2554 ND-TVC-A 47-0173 66 TV SYNC USA 70-2733 ND FOX-A 47-0358 66B 4/12K DDCMP 47-0371 STD 66A/B BASE SET 47-0341 66B DATA MANIPULATN 47-0419 66 AUTOPEAK SEARCH 47-0346 66B AUTO ISO ID 47-0347 66B STD 150 LBY 47-0366 66B FILE I/O OPT 70-2589 DLV11-J 88-0596 ND 575 ADC 80 Mi~.
88-0702 66 MINI FLPY W/INTF OPTIONAL PERIPHERALS 86-0773 TAPE RCDR PD-1 115V
$75.00 EQUIPMENT LIST REGION II, ATLANTA, GEORGIA ND PART NUMBER DESCRIPTION System 96-0231 88-0602 66 CAB 52IN W/P DSTB 70-2325 ND-SKM-A 70-2325 ND-SKM-A 70-2325 ND-SKM-A 70-2325 ND-SKM-A 70-2453 ND-CSC-A 70-2630 ND-RODT-A
'84-0345 6600 MIDAS 70-2330 ND-I0B-A 84-0344 6600 DAS 70-2498 ND-DKI-B 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC o
86-0539 DUAL HD DRV PERTEC 88-0605 TRM DSP 121N CRT
~
NRC-30-87-286
-9 Page 8 84-0348 6600 TERM DSP 12 88-0595 ND 570 ADC 80 MHZ 88-0595 ND 570 ADC 80 MHZ 88-0595 ND 570 ADC 80 MHZ 88-0609 NIM M-T BIN 12 CNN 88-0297 AEC PS 1 86-5022 AMP SPECTROSCOPY 86-5014 BIASED AMP 502 86-5003 0-1KV BIAS PS 84-0382 6600DD FLP DISK CNTL 88-0638 6600S FLPY DRV ASSY OPTIOhAL PERIPHERALS 86-0290 HYPS AEC50000
$150.00 86-0291 SPECTROSCOPY AMP
$ 75.00 86-0453 PRINCETON GAMMA-TECH
$100.00 86-0691 IGC DET 18 % PGT NOT COVERED 86-0694 SB DET CR025-450-100 NOT COVERED 86-0782 AC LINE REG 3006B
$810.00 System 96-0429 ND PART NUMBER DESCRIPTION 88-0634 66 CAB 61IN W/P DSTB 88-0592 ND 6600 BASIC SYSTEM 70-2453 ND-CSC-A 70-2491 ND-FPM-A 70-2325 ND-SKM-A 70-2325 ND-SKM-A 84-0345 6600 MIDAS 70-2330 ND-IOB-A 84-0344 6600 DAS 70-2498 ND-DKI-B 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 86-0539 DUAL HD DRV PERTEC 84-0369 6600SYS COMM SCP/SCE 88-0605 TRM DSP 12IN CRT 84-0348 6600 TERM DSP 12
~88-0595 ND 570 ADC 80 MHZ 88-0297 AEC PS 1 88-0609 NIM M-T BIN 12 CNN 88-0617 ND-571 ADC 80 MHZ 84-0453 4K MEMORY OPT.#2
NRC-30-87-286 Page 9 OPTIONAL PERIPHERALS 86-0740 PRNTR DEC LA120-GA
$480.00 86-0635 DATA TERM 745 TI115V
$450.00 cz 86-0723 ADDS REGENT 100
$330.00 M1 System 96-1320 a
ND PART NUMBER DESCRIPTION 88-0645 ND66 TERM-MCA/12 70-2555 ND-ACD-A 70-2555 ND-ACD-A 70-2584 ND-AMB-B 70-2796 ND PMOS-B 70-2592 ND-TVC-B 47-0173 66 TV SYNC USA 70-2733 ND FOX-A l
47-0371 STD 66A/B BASE SET 47-0359 66B 4/12K W/0 DDCMP 47-0341 66B DATA MANIPULATN 47-0342 66 BASIC INTRPTR 47-0345 66B AUTO PK SEARCH 47-0346 66B AUTO ISO ID 47-0350 66B PRGMBL ISO II 47-7148 CUST USR ISOLIB 33 70-2733 ND FOX-A 47-0356 66B COMM NDACP 70-2557 ND-TWI-A 88-0596 ND 575 ADC 80 MHZ 70-2557 ND-TWI-A OPTIONAL PERIPHERALS 86-0773 TAPE RCDR PD-1 1150
$75.00 System 96-2059 ND rART NUMBER DESCRIPTION 88-0689 ND 76 12" COLOR DSPL 70-2555 ND-ACD-A 70-2804 ND BIS-A 70-2592 ND-TVC-B 47-0173 66 TV SYNC USA 70-2483 ND-PIG-A 88-0595 ND 570 ADC 80 MHZ 70-2850 ND TWJ-A 70-2733 ND FOX-A 47-0347 66B STD ISO LBY 47-0419 66 AUT0 PEAK SEARCH 47-0425 ND66 A/B AUTO 1501D
NRC-30-87-286 Page 10 47-0389 66B PRNTR/PLTR 47-0445 ND76 8K DDCMP KTCHP 47-0553 66/76MGRP ENGY CALIB OPTIONAL PERIPHERALS 86-1240 CENTRONICS 122-1
$500.00 SYSTEM 96-2070 ND PART NUMBER DESCRIPTION 88-0602 66 CAB 52IN W/P DSTB 88-0651 6600 REV COMCUS 70-2613 ND-TPM-A 70-2655 ND-TPM-B 70-2330 ND-IOB-A 70-2453 ND-CSC-A 70-2630 ND-RODT-A 84-0387 MIDAS (20 BIT ADDR) 70-2769 ND CQB-A 84-0369 6600SYS COMM SCP/SCE 86-1495 HAYES SMART MODEM 86-1495 HAYES SMART MODEM OPTIONAL PERIPHERALS 86-1158 DSD8800/30-L-A SYS
$950.00 86-1290 PLTR HP7475/0PT 001
$400.00 86-1494 PGTIGDET(SPECIAL)
NOT COVERED 86-0785 SKV 8IAS/LN PGT 315
$130.00 86-0891 PGT MODEL 347 AMP NOT COVERED l
i
NRC-30-87-286 s
Page 11 EQUIPMENT LIST REGION III - GLEN ELLYN, ILLINOIS SYSTEM 96-0431 ND PART NUMBER DESCRIPTION 88-0602 66 CAB 521N W/P DSTB 88-0592 ND 6600 BASIC SYSTEM 70-2491 ND-FPM-A 70-2491 ND-FPM-A 70-2330 ND-IOB-A 84-0400 MIDAS / MIDAS-M 84-0400 MIDAS / MIDAS-M 70-2453 ND-CSC-A i
70-2700 ND SAQ-A 70-2630 ND-RODT-A 70-2699 ND CCQ-A 70-2769
.ND CQB-A 86-0969 DSD 880 115VAC 60HZ 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 86-0539 DUAL HD DRV PERTEC 88-0658 ND67 COMPUTER TRM 9" 70-2592 ND-TVC-B 47-0173 66 TV SYNC USA 88-0595 ND 570 ADC 80 MHZ 88-0595 ND 570 ADC 80 MHZ 88-0609 NIM M-T BIN 12 CNN 88-0297 AEC PS 1 86-5008 PREAMP SURFBAR PROP 86-5022 AMP SPECTROSCOPY 86-5014 BIASED AMP 502 86-5003 0-1KV BIAS PS OPTIONAL PERIPHERALS 86-0524 HP7041A X-Y RECORDER
$450.00 86-0555 TI743KSR RS232C
$420.00 86-0782 AC LINE REG 3006B
$810.00 86-0694 SB DET CR025-450-10) NOT COVERED 86-0695 VAC PUMP
$ 50.00 86-0801 IGC DET 18% 30LT NOT COVERED 86-0290 HVPS AEC 50000
$150.00 86-0291 SPECTROSCOPY AMP
$ 75.00 86-0453 PRINCETON GAMMA-TECH
$100.00 86-0805 VAC CHAM 8ER VC5/0PT
$ 50.00 i
NRC-30-87-286 i
'e Page 12 SYSTEM 96-0829 ND PART NUMBER DESCRIPTION 88-0634 66 CAB 611N W/P DSTB CS-0651 6600 REV COMBUS 70-2656 ND-TPM-C 70-2656 ND-TPM-C 70-2491 ND-FPM-A 70-2330 ND-108-A 84-0400 MIDAS / MIDAS-M 70-2453 ND-CSC-A 70-2700 ND SAQ-A 70-2630 ND-RODT-A 70-2699 ND CCQ-A 70-2769 ND CQB-A 86-0969 DSD 880 115VAC 60HZ 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 86-0539 DUAL HD DRV PERTEC 88-0658 ND67 COMPUTER TRM 9" 70-2592
.ND-TVC-B 88-0595 ND 570 ADC 80 MHZ 88-0595 ND 570 ADC 80 MHZ 88-0609 NIM M-T BIN 12 CNN 88-0297 AEC PS 1 86-0801 IGC DET 18% 30LT NOT COVERED OPTIONAL PERIPHERALS 86-0862 PGT 346 AMPLIFIER
$100.00 86-0785 SKV BIAS /LN PGT 315
$130.00 86-0723 ADDS REGENT 100
$330.00 86-0868 MODEM /AC0VSTICVA3434 $ 75.00 86-1010 150 PRTR 115V 60HZ
$240.00 86-1240 CENTRONICS 122-1
$500.00 EQUIPMENT REGION IV - ARLINGTON, TEXAS
, SYSTEM 96-0432 ND PART NUMBER DESCRIPTION 88-0602 66 CAB 521N W/P DSTB 88-0592 ND 6600 BASIC SYSTEM 70-2325 ND-SKM-A
=
70-2325 ND-S KM-A 70-2655 ND-TPM-B 70-2656 ND-TPM-C 70-2453 ND-CSC-A 70-2769 ND CQB-A
NRC-30-87-286 Page 13 84-0345 6600 MIDAS 70-2330 ND-10B-A 70-2440 ND-DKI.- A 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 88-0605 TRM DSP 12IN CRT 88-0595 ND 570 ADC 80 MHZ 88-0609 NIH M-T BIN 12 CNN 88-0297 AEC PS 1 86-0801 IGC DET 18% 30LT NOT COVERED OPTIONAL PERIPHERALS 86-0291 SPECTROSCOPY AMP
$ 75.00 86-0453 PRINCETON GAMMA-TECH
$100.00 86-0782 AC LINE REG 3006B
$810.00 86-0552 AC0USTIC CPLR TI733
$100.00 86-0724 PRTR 703-9 115V 60HZ
$480.00 1
88-0686 ND SIX 4K PRTBL MCA
$800.00 86-1258 IGC 1021MPS/352 NOT COVERED 86-0555 TI743KSR RS232C
$420.00 86-1158 DSD880D/30-L-A SYS
$950.00 SYSTEM 96-1486 ND PART NUMBER DESCRIPTION 88-0680 ND 66B TERM-MCA 12" 70-2555 ND-ACD-A 70-2584 ND-AMB-B 70-2483 ND-PIG-A 70-2733 ND FOX-A 47-0341 66B DATA MANIPULATN
~
47-0342 66 BASIC INTRPTR 47-0345 66B AUTO PK SEARCH 47-0346 66B AUTO ISO ID
. 47-0350 66B PRGMBL 150 II 47-0358 66B 4/12K DDCMP 47-0371 STD 66A/B BASE SET 70-2592 ND-TVC-B 47-0173 66 TV SYNC USA 70-2589 DLV11-J l
NRC-30-87-266
~ >
Page 14 SYSTEM 96-1726 ND PART NUMBER DESCRIPTION 88-0602 66 CAB 521N W/P DSTB 88-0606 6600 ECB 70-2491 ND-FPM-A 70-2655 ND-TPM-B 70-2330 ND-I0B-A 70-2630 ND-RODT-A 70-2630 ND-RODT-A 84-0400 MIDAS / MIDAS-M 84-0369 6600SYS COMM SCP/SCE 84-0369 6600SYS COMM SCP/SCE 84-0301 66HD MICR0 CTRL /DRV 88-0595 ND 570 ADC 80 MHZ 88-0596 ND 575 ADC 80 MHZ 86-0539 DUAL HD DRV PERTEC 86-5008 PREAMP SURFBAR PROP 88-0609 NIM M-T BIN 12 CNN 88-0297 AEC PS 1 86-5022 AMP SPECTROSCOPY 86-5014 8IASED AMP 502 86-5003 0-1KV BIAS PS 86-0696 SHS-19 SLIDING SHELF NOT COVERED 86-0694 SB DET CR025-450-100 NOT COVERED OPTIONAL PERIPHERALS 86-0785 SKV BIAS /LN PGT 315
$130.00 86-0679 ORTEC 572 AMPLIFIER
$170.00 86-1257 IGC202SD30 8" CAP NOT C0VERED 86-1240 CENTRONICS 122-1
$500.00 86-0805 VAC CHAMBER VC5/0PT
$ 50.00 86-0695 VAC PUMP
$ 50.00 EQUIPMENT LIST REGION V - WALNUT CREEK, CALIFORNIA SYSTEM 96-0433 ND PART NUMBER DESCRIPTION 88-0602 66 CAB 521N W/P DSTB 88-0592 ND 6600 BASIC SYSTEM 70-2491 ND-FPM-A 70-2655 ND-TPM-B 84-0345 6600 MIDAS 70-2330 ND-108-A 84-0344 6600 DAS 70-2440 ND-DKI-A 84-0301 66HD MICR0 CTRL /DRV 86-0539 DUAL HD DRV PERTEC 86-0539 DUAL HD DRV.PERTEC 88-0605 TRM DSP 12IN CRT
NRC-30-87-286
's Page 15 4
84-0348 6600 TERM DSP 12 88-0595 ND 570 ADC 80 MHZ 88-0595 ND 570 ADC 80 MHZ 88-0609 NIM M-T BIN 12 CNN 88-0609 NIM M-T BIN 12 CNN l
B8-0297 AEC PS 1 i
88-0297 AEC PS 1 86-5008
' PREAMP SURFBAR PROP 86-5022 AMP SPECTROSCOPY 86-5014 EIASED AMP 502 86-5003 0-1KV BIAS PS OPTIONAL PERIPHERALS 86-0555 TI743KSR RS232C
$420.00 86-0801 IGC DET 18% 30LT NOT COVERED 86-0290 HVPS AEC50000
$150.00 86-0291 SPECTROSCOPY AMP
$ 75.00 86-0453 PRINCETON GAMMA-TECH
$100.00 86-0862 PGT 346 AMPLIFIER
$100.00
'i 86-0724 PRTR 703-9 115V 60HZ
$480.00 86-0943
.MICOM 812
$200.00 86-0943 MICOM 812
$200.00 86-0943 MICOM 812
$200.00 86-0552 AC0USTIC CPLR TI733
$100.00 86-0785 SKV BIAS /LN PGT 315
$130.00 SYSTEM 96-1487 ND PART NUMBER DESCRIPTION 88-0680 ND 66B TERM-MCA 12" 70-2555 ND-ACD-A 70-2584 ND-AMB-B 70-2733 ND FOX-A 70-2733 ND FOX-A 47-0341 66B DATA MANIPULATN
~
47-0342 66 BASIC INTRPTR 47-0344 66B ROI PK EXTRTN 47-0345 66B AUTO PK SEARCH 47-0346 66B AUTO ISO ID 47-0350 668 PRGMBL ISO II 47-0353 66B FLPY DISK DRVR 47-0376 66A/B 4/12K W/NDACP 47-0366 66B FILE I/O OPT 47-0371 STD 66A/B BASE SET 47-0389 66B PRNTR/PLTR 47-7180 66 CUST USER ISOL 39 70-2592 ND-TVC-B 47-0173 66 TV SYNC USA 70-2483 ND-PIG-A 70-2589 DLV11-J 70-2416 ND-GDB-A 88-0596 ND 575 ADC 80 MHZ
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NRC-30-87-286 Page 16 OPTIONAL PERIPHERALS ND PART NUMBER DESCRIPTION 86-0804 FLPY DSD 440 115/60H
$900.00 86-1240 CENTRONICS 122-1
$500.00 SYSTEM 96-2377 ND PARP NUMBER DESCRIPTION 00-0720 ND 9900 Genie System 63-0297 12 in. color mon;.t r w/ interface a
48-258 ND 9900 Data Acquisition Display Software, 48-0252 Micro LNS-2 User FArator System 40-0190 Basic Spectroscopy Application Package 39-6099 Mini Floppy Diskette l
1 l
l l
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c'n.su-s7-235 Page 17 Section D - Packaging and Marking Not Required.
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 perfomed, 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 Contrcctor shall be maintained and made available to the Government during contract perfomance and j
for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for i
by the contract, to the extent practicable at all times and places during the tem of the contract.
The Government shall perfom inspecticus and tests in a manner that will not unduly delay the work.
i (d) If any of the services do not conform with contract reqairements, the Government may require the Contractor to perform the services again in confomity with contract requirements, at no increase in contract amount.
Whm the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services perfomed.
(e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future perfomance in conformity 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 terminate the contract for default.
(End of clause)
(R7-1902.41971NOV)
E.2 Place of Inspection and Acceptance A.
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at the destination, j
1
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y
(
NRC-30-87-286 Page 18 Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items The contractor shall furnish a signed malfunction report to the installation upon completion of each maintenance call. The report shall include, as a minimt.m. the following:
A.
Date and time notified B.
Date and time of arrival C.
Type and model number (s) of machine (s)
D.
Time spent for repair E.
Description of malfunction A copy of the malfunction report will be sent to the Project Officer designated in Section G.2.
F.2 Place of Delivery In addition to the requirement set forth in Section F.1 above, one copy of the report shall be delivered, with all transportation charges paid by the contractor, to:
U.S. Nuclear Regulatory Comission Attention: Marty Kerlin, Project Officer Region III, 799 Roosevelt Road Glen Ellyn, IL 60137 U.S. Nuclear Regulatory Commission Attention: Merle Dorsey Division of Contracts, AR-2223 Washington, DC 20555 F.3 Duration of Contract Period months from October 1,1986 to septaber 30, peri d of twelve (12)
The duration of this contract shall be for a g87 F.4 Option ~to Extend the Period of Perfomrance The Government may, at any time within twelve (12) months af ter the award date of this contract, extend the contract for a period of twelve (12) months.
The Gover-nment shall give notice of its intent to exercise this option at least sixty (60) days before this contract is to expire.
The exercise of this option, if any, will be accomplished through the issuance of a modification to this contract.
-[N -*
..F. 5 Time of Delivery The government requires delivery to he made according to the following schedule:
Item Quantity Schedule Malfunction Report One copy to applicable limnediately after installation upon performance of completion of services services Onecopy(ProjectOfficer)
Within five (5) days to Marty Kerlin after performance of l
One copy to the Division services I
of Contracts Repair time shall be as stated in C.1.2, Paragraph C, Subparagraphs 1 and 2.
F. 6 FI,R 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 immediately 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 stoppage.
Within a period of 90 days after a stop-work 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--
(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination 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 perfomance of any part l
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 cny 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 i
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 b
adjustment or otherwise, reasonable casts resulting from the stop-work order.
(Endofclause)
(AV7-105.31971APR)
. !EC-30-07-2SG Fage 20 Section G - Contract Administration Data G.1 Technical Direction A.
Perfonnance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.2 of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.
2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
3.
Revicw and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
1.
Constitutes an assignment of additional work outside the general scope of the contract.
2.
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract perfonnance.
Changes any of the expressed terms, conditions or specifications 4.
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 performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract
-_1
NRC-30-87-286 Page 21 modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's perfomance, and may even result in the Contractor exper. ding funds for unallowable costs under the contract.
E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
G.2 Project Officer A.
The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The i
Project Officer is not authorized to a1 prove or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical
- progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) perfoming technical evaluation as required; (4) performing 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 description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the. period of perfomance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
B.
Name and Mail Code:
Marty Kerlin Office Address:
Region III, 799 P.oosevelt Road Glen Ellyn IL 60137
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NRC-30-87-286 Page 22 Telephone Number:
(312)790-5760 G.3 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (origina. 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 or (2) The date the supplies are accepted by the Government.
(b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of these supplies in accordance with the tenns of the contract.
(c) If the supplies are rejected for failure to confonn to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies.
(d) The date of payment by wire transfer through the Treasury Financial Communications Systems shall be considercd the date payment is made for individual payments exceeding $25,000.
The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.
G4 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:
U.S. Nuclear Regulatory Commission Div'ision 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 informa' tion and/or attached documentation:
(1)Nameofthebusinessconcernandinvoicedate.
(2) Contract number or other authorization for delivery of property or services.
NRC-30-87-286 Page 23 (3) Description price and quantity of property and services actually delivered or rendered.
(4) Shipping and payment terms.
(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.
(6) Other substantiating documentation or infonnation as required by the contract.
G.5 Interest on Overdue Payments (a)ThePromptPaymentAct,PublicLaw 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue payments and improperly taken discounts.
(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:
(1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date.
Interest will be computed from the day after the due date through the payment date.
G.6 Travel Reimbursement A.
Total expenditure for domestic travel as authorized pursuant to Section C.1, Contract Objectives, Paragraph D, shall not exceed the ceiling amount of 51,000.00 for each ~of the five (5) NRC Regional Offices.
In no event shall funds contained within the $1,000.00 ceiling hereby established for any one region be utilized to reimburse the contractor for travel undertaken by the contractor to repair equipment on behalf of another region.
B.
The contractor shall be reimbursed for reasonable domestic travel costs, within the limits of the above specified individual regional travel ceilings, incurred directly and specifically in the perfonnance of repairs at remote location, only, and accepted by the Contracting Officer, in accordance with the following:
1.
Per diem shall be reimbursed at a daily rate, the total not to exceed a maximum rate set by locality. The per diem amount is ccrnprised of lodging expense plus meals and miscellaneous expense. The per diem amounts for each region is as follows:
i l
i
NRC-30-87-286 Page 24 Maximzn Maximum Miscelleanous Per die Iodging and Incidental Expense Rate Rate __
Rate Regien I
$ 84
$59.00
$25.00 Region II
$ 95.00
$62.00:
$33.00 Region III
$ 50.00
$25.00
$25.00 Region IV
.$107.00
$33.00 Region V
$ 95.00
$62.00
$33.00 3.
The cost of travel by privately owned automobile shall be reimbursed at the rate of 20.5c per mile.
4.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class accommodations were not available. First-class air travel is not authorized.
6.
Receipts are required for common carrier transportation, lodging, and miscellaneous items in excess of $25.00.
7.
The rates provided below shall remain in effect until such time as a unilateral contract modification is issued by the Contracting Officer reflecting changes (increases or decreases) in the Federal Travel Regulations (FTR).
Section H - Special Contract Requirements H.1 Consultant or Other Comparable Employment Services of Contractor Employees (OMB Clearance Number 3150-0112)
The Contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual com received under terms of a contract with the Commission)pensation on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all information obtained from such disclosures. The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his participation in such work, that he will not perform consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Comission except with the prior approval of the Contractor.
H.2 Safety, Health, and Fire Protection The Contractor shall take all reasonable precautions in the perfonnance of the work under this contract to protect the health and safety of l
employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Comission and the Department of Labor.
In the event that the Contractor fails to comply with said regulations or
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NRC-30-87-286 Page 25 4
requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Comission, issue an order stopping all or any part of the work; thereafter, a start order for i
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.
H.3 Dissemination of Contract Infomation (OMB Clearance Number 3150-01I2)
The Contractor shall not publish, permit to be published, or disseminate to the public any infomation, oral or written, concerning the work perfunned under this contract without the prior written consent of the j
Contracting Officer.
Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.
i Failure to comply with this clause shall be grounds for temination of this contract.
l.
H.4 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H., publication of contract work of this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the perfomance of this contract, shall be used only in connection with the work under this contract.
H.5 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 4
work or any part thereto, shall be subject to inspection by the Comission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
The Contractor's right of retention and i
use shall be subject to the security, patent, and use of information provisio.ns, if any, of this contract.
H.6 Proprietary Data and Confidential Infomation In connection with the perfomance of the work under this contract, the Contractor mcy)be furnished, or may develop or acquire, proprietary data (trade secrets or confidential or privileged technical, business, or financial infomation, including Comission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974
I
~
NRC-30-87-286 Page 26 (P.L.93-579), or other information which has not been released to the public or has been detemined by the Comission to be otherwise exempt from disclosure to the public.
Contractor agrees to hold such information in confidence and not to.directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perfom the work under this contract. Contractor agrees to return such info nation to the Consnission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
H.7 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 perfomance of this contract.
(b)
Scope.
The restrictionr scribed herein shall apply to perfomance or participation by
...e Contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this clause.
(c)
Work for Others.
Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes.with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm 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, it does not have any or anizational conflicts of interest, as defined in 41 CFR 20-1.5402(a.
4 (2)
The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to
NRC-30-87-266~
Page 27 avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government.
(e) Access to and use of infomation.
(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:
(i)Use such information for any private purpose until the infomation has been released to the public; (ii) compete for work for the Comission based on such information for a period of six (6) months after either the completion of this contract or the release of such infomation to the public, whichever is first; 4
(iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) release the'infomation 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.93-570), or other confidential or privileged technical, business, or financial information 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)
Su'bcontracts.
Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " Contractor," and
" Contracting Officer," shall be appropriately modified to preserve the Government's rights.
(g)' Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may teuc3nate the contract for default, disqualify the Contractor from sasequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
NRC-30-87-286
'e Page 28 4
(h)
Waiver.
A request for waiver under this clause shall be directed in writing through tne Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
H.8 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments.
In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor 4
shall complete all items except items 7 - 9.
In the event the Contractor's financial institution does not have access to the i
Federal Reserve Comunications System, Contractor shall complete all items except item 4.
- 1. Name and address of organization
- 2. Contact person and telephone number
- 3. Name and address of financial institution i
- 4. Fincncial institutions's 9-digit ABA identifying number for routing transfer of funds
- 5. Telegraphic abbreviation of financial institution
- 6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, l
if it does not have access to the Federal Reserve Communications System
- 7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal i
Res~erve Communications System
- 8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds
- 9. Telegraphic abbreviation of correspondent financial institution
- 10. Signature and title of person supplying this information (c) Any changes to the infonnation furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
t
NRC-30-87-286 Page 29 e
)
i PART II - CONTRACT CLAUSES Section I - Contract Clauses i
52.202-1 DEFINITIONS.
(APR1984)
.i (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 Army, Navy, and Air Force and the Director and Deputy Director of Defense agencies; and the tem " authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency)orSecretary." Contracting Officer" means a person with the authority to enter int (b
administer, and/or terminate contracts and make related determinations and findings.
The tem includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
(c) Except as otherwise provided in this contract, the term " subcontracts" l
includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.
(End of clause)
(R7-103.11979 MAR) i 1
(R7-203.1 R 7-302.1 R 7-402.1 R 7-901.1 R 7-1902.1 R 7-1909.1 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR1984)
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 corporation for the corporation's general benefit.
(Endofclause)
(R7-103.191949JUL)
(R1-7.102-17) 52.203-3 GRATUITIES.
(APR 1984)
)
(a) The right of the Contractor to proceed may be teminated by written notice if, after notice and hearing, the agency head or a designee determines P
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 (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this detemination may be reviewed by any court having lawful jurisdiction.
i
NRC-30-87-286
- 1 Page 30 (c) If this contract is terminated 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 i
Contractor in giving gratuities to the person concerned, as determined 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)
(R 7-104.16 1952 MAR) 52.203-5 COVENANT AGAINST CONTINGENT FEES.
(APR1984)
(a) The Contractor warrants that no person or agency has been employed or 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) " Bona fide agency," as used in this clause, means an established connercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through imprcper influence.
" 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 performance, 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 l
influence.
l
" 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.
(End of clause)
(R 7-103.20 1958 JAN)
(R 1-1.503)
(R 1-7.102-18) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.
(APR1984) 0 (a) This clause applies if this contract exceeds $10,000 and was entered into by negotiation.
(b) The Comptroller General of the United States or a duly authorized representative from the General Accounting Office shall, until 3 years af ter final payment under this contract or for any shorter period specified in Federal Acquisition Regulation (FAR) Subpart 4.7 Contractor Records Retention, have
I NRC-30-87-286' Page 31 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.
j (c) The Contractor agrees to include in f.irst-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 final payment under the subcontract or for any shorter period specified in FAR Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records i
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 paragraphs (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 7-104.151975 JUN)
(R 1-7.103-3) 52.215-2 AUDIT--NEGOTIATION.
(APR 1984)
(a) Examination of costs.
If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable contract, or any combination of these, the Contractor shall maintain--and the Contracting Officer or representatives of the Contracting Officer shall have the richt to examine and audit--books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred in perfonning this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.
(b) Cost or pricing data.
If, pursuant to law, the Contractor has been required to submit cost or pricing data in connection with pricing this contract or any modification to this contract, the Contracting Officer or representatives of the Contracting Officer who are employees of the Government shall have the right to examine and audit all books, records, documents, and other data of the Contractor (including. computations and projections) related to negotiating, pricing, or performing the contract or modification, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used.
j (c) Reports.
If the Contractor is required to furnish cost, funding, or
{
performance
- reports, the Contracting Officer or representatives of the Contracting Officer who are employees of the Government shall have the right to 1
examine and audit books, records, other documents, and supporting materials, for 1
the purpose of evaluating (1) the effectiveness of the Contractor's policies and
)
procedures to produce data compatible with the objectives of these reports and (2) the data reported.
j
NRC-30-87-286 Page 32 (d) Availability.
The Contractor shall make available at its office at all reasonable times the materials described in paragraphs (a) and (b) above, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation, or for any longer period required by statute or by other clauses of this contract.
In addition--
(1) If this contract is completely or partially terminated, the records relating to the work teminated shall be made available for 3 years after any resulting final temination settlement; and (2) Records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are disposed of.
(e) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (e), in all subcontracts over $10,000 under this contract, altering the clause only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.
(End of clause)
(R 7-104.41(a) 1978 AUG)
(R 1-3.814-2(a))
(R7-303.28)
(R 7-402.30)
(R 7-603.20)
(R7-605.11)
(R 7-607.22)
(R 7-802.7)
(R 7-901.16)
(R 7-1702.15 1971 APR)
(R7-1903.29)
(R 7-1909.24)
(R 7-2102.19) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES.
(APR 1984)
(a) The Government may extend the tem of this contract by written notice to the Contractor within the time specified in the Schedule; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60. days before the contract expires. The preliminary notice does not comait the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract. including the exercise of any options under this clause, shall not exceed two years.
(Endofclause)
(R 7-104.27 R 1-1.1508-2
._= -
s NRC-30-87-286 i
a Page 33 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(APR 1984)
(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.
(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 i
surveys as may be conducted by the United States Small Business Administration i
or the awarding agency of the United States as may be necessary to determine 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 tenn "small business 4
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.
(End of clause)
(R 7-104.14(a) 1980 AUG)
(V FPR Temp. Reg. 50 1979 JUN and its Supplement 2 1980 MAY)
NRC-30-87-286 Page 34 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.It is the policy of the United States that women-ow (b
shall have the maximum practicable opportunity to participate in performing 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) 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.
(APR 1984)
(a) This acquisition is not a set aside for labor surplus area (LSA) concerns.
However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation.
In order to detertnine whether the offeror is entitled to a preference under (1) or (2) above, the offeror must identify, below, the LSA in which the costs to be incurred on account' of manufacturing or production (by the offeror or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(b) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concerr.
If the offeror is awarded a I
l
-_.,.---n
NRC-30-87-286 Page 35 contract as an LSA concern and would not have otherwise qualified for award, the offeror shall perfom the contract or cause the contract to be perfomed in accordance with the obligations of an LSA concern.
(End of clause.)
(R 7-2003.13 1978 JUN) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
(APR1984)
(a) Applicability.
This clause is applicable if this contract ext.eeds the appropriate small purchase limitation in Part 13 of the Federal Acquisition Regulation.
(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 performance 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 preference.
In complying with paragraph (b) above and with paragraph (c) of the clause of this contract entitled Utilization of Small Business Concerns and Small Disadvantaged Business Concerns, 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, means a concern that together with its first-tier subcontractors will perfom substantially in labor surplus areas. Perfomance is substantially in labor surplus areas 11 the costs incurred under the contract on account of manufacturing, production, or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price.
(End of clause)
(R 1-1.805-3(a))
(R 7-104.20(a) 1981 May) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
(APR1984)
(a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this l
contract, the Contractor shall imediately give notice, including all relevant infomation, to thd Contracting Officer.
(b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract to which a labor dispute may delay the timely perfomance of this contract; except that each subcontract shall provide l
that in the eve.nt its timely perfomance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the prime Contractor, as the case may be, of all relevant information concerning)the dispute.
(End of clause R 7-203.27 1967 JUN AV 7-104.4 1958 SEP AV 7-603.1 1958 SEP
NRC-30-87-286 Page 36 52.222-3 CONVICT LABOR.
(APR 1984)
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)
(R7-104.1719750CT)
(R 7-607.12 1975 OCT)
(R1-12.204) 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTIME COMPENSATION--GENERAL.
(APR1984)
This contract, to the extent that it is of a charactt:r specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) (the Act), is subject to the following terms and all other applicable provisions and exceptions of the Act and the regulations of the Secretary of Labor.
(a) Overtime requirements. Cortractor or subcontractor shall not require or pemit any laborer or mechanic to work in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> in any calendar day, or 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> in any workweek, on any part of the contract work subject to the Act; unless, the laborer or mechanic receives compensation at a rate not less I
than 11/2 times the basic rate of pay for all hours worked in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> in any calendar day, or 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> in any workweek, whichever produces the greater l
amount of overtime.
(b) Violation, liability for unpaid wages, and liquidated damages.
If the tems of paragraph (a) above are violated, the Contractor and any subcontractor 4
responsible for the violation shall be liable to any affected employee for unpaid wages.
In addition, the Contractor and subcontractor shall be liable to i
the United States for liquidated damages..These damages are computed for each individual laborer or mechanic at $10 for each calendar day on which the employee was required or permitted to be employed in violation of paragraph (a)
-l above..
(c) Withholding for unpaid wages and liquidated damages.
The Contracting Officer may withhold from the Contractor, from any moneys payable on account of work perfomed by the Contractor or subcontractor, such amounts as may administratively be determined to be necessary to satisfy any liabilities of the Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph (b) above.
(d) Subcontracts. The Contractor and subcontractor shall insert paragraphs (a) through (d) of this clause in all subcontra:ts.
(e) Records.
The Contractor shall maintain payroll records containing the infomation specifi'ed in 29 CFR 516.2(a). These records shall be preserved for 3 years from contract completion.
The contractor will make the records available for inspection by authorized representatives of the U. S. Nuclear Regulatory Comission and the Department of Labor, and will pemit such representatives to interview employees during w)orking hours on the job.
(End of clause (R7-103.16(a)1971NOV)
(R7-607.111972APR)
(R1-12.303)
NRC-30-87-286 Page 37 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 I
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 l
applicability of this clause.
(b) During perfoming 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, without regard to their race, color, religion, sex, or national origin.
This shall include, but not be limited to, (1) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.
(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 nctice 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.eguired by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor.
Standard Fonn 100 (EEO-1),
or any successor form, is the prescribed fom 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) fdr the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders.
(9) If the OFCCP determines 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 terms 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
NRC-30-87-286 Page 38 i
of Labor issued under Executive Order 11246, as amended, so that these terms 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)
(R 7-103.18 1978 SEP)
(R 1-12.803-2)
(R7-607.131978SEP) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR1984) 1 (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 1
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 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 p'roposes 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 i
categorized as--
- 1) Production and nonproduction; ii)Plantandoffice; iii)Laborersandmechanics; (iv) Supervisory and nonsupervisory; (v) Technical; and (vi)
Executive, administrative, and professional positions 1
compensated on a salary basis of less that $25,000 a year; and (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 a
employer-union hiring arrangement, nor openings in an educational institution that are restricted to students of that institution.
l (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a special disabled or Vietnam Era veteran.
j The Contractor agrees to take affinnative action to employ, advance in I
IRC-30-87-286 Page 39 employment, and otherwise treat qualified special disabled and Vietnam Era veterans without discrimination based upon their disability or veterans' status in all employment practices such as--
- 1) Employment; ii) Upgrading; iii) Demotion or transfer; (iv) Recruitment; J
(v) Advertising; (vi) Layoff or temination; (vii) Rates of pay or other foms of compensation; and (viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (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 perfomance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occuring 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 Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the listing tems 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 terms 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.
(5) Under the most compelling circumstances, an emplo not be suitable for listing, including) situations when (1) yme the Government's needs cannot reasonably be supplied (ii listing would be contrary to national l
security, or (iii)'the requirement of listing would not be in the Government's 4
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 openings that the Contractor proposes to fill from within its own organization 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 arrangement for that opening.
i
(
NRC-30-87-286 i
Page 40 (e) 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 special disabled veterans and veterans of the Vietnam era, and (ii) qualified 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 j
workers with which it has a collective bargaining agreement or other contract t
understanding, that the Contractor is bound by the tems of the Act, and is committed 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 of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
t (g) Subcontracts. The Contractor shall include the tems of this clause in l
every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the tems, including) action for noncompliance.
(End of clause (R7-103.271976JUL)
(R FPR Temp. Reg. 39) i 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 1 (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 l
upon their p ysical or mental handicap in all employment practices such as--
i) Empioyment; ii) Upgrading; iii) Demotion or transfer; i
iv) Recruitment; f
v) Advertising; vi) Layoff or termination; vii) Rates of pay or other foms of compensation; and l
viii) Selection for training, including apprenticeship.
(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 (29 U.S.C. 793) (the Act), as amended.
(b) Postings. (1) The Contractor agrees to post employment notices statino (i) the Contractor's' obligation under the law to take affimative action to employ and advance in employment qualified handicapped individuals and (ii) the rights of applicants and employees.
l (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, I
Department of Labor (Director), and provided by or through the Contracting
{
Officer.
I i
NRC-30-87-266 Page 41 (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 terms of Section 503 of the Act and is committed to take affimative 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 noncompliance.
(End of clause)
(R 7-103.28 1976 MAY)
(R FPR Temp. Reg. 38)
FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act of 1965, as amended:
This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).
(b)(1) Each service employee employed in the perfomance of this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits detemined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.
(2)(i)
If there is such a wage detemination attached to this contract, the contracting officer shall require that any class of ser vice employee which is not listed therein and which is to be employed under the contract (i.e., the work to be perfomed is not perfomed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination.
Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section.
(The information collection requirements contained in the following paragraph of this section hav'e been app) roved by the Office of Management and Budget under OMB control number 1215-0150.
(ii)
Such conforming procedure shall be initiated by the contractor prior to the perfomance of contract work by such unlisted class of employee. A written report of the proposed confoming action, including infomation regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work.
The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recomendation and all pertinent infomation including the position of the contractor and the
NRC-30-87-286 Page 42 employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
(iii)
The final determination of the confomance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken.
Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage detemination.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage detennination cannot be reduced to any single fonnula.
The approach used may vary from wage determination to wage detennination depending on the circumstances.
Standard wage and salary administration practices which rank various job classificat'ons by pay grade pursuant to point schemes or other job factors may, for example, be relied upon.
Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage deteminations issued in the same locality.
Basic to the establishment of any confomable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new confonned wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,
adjusting) the previous confonned rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those j
specified for the corresponding classifications in the previously applicable
~
wage detennination.
Where conforming actions are accomplished in accordance with this paragraph prior to the perfomance of contract work by the unlisted class of employees, the contractor shall advise the contractin action taken but the other procedures in paragraph (b)(2)(ii)g officer of the of this section need not be followed.
l (C) No employee engaged in perfoming work on this contra::t shall in any event be paid less than the currently applicable minimum wage specified under section i
6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(1) and (ii) of this section shall be paid to all employees perfoming in the :lassification from the first day on which contract work is perfonned by l*
them in the classification.
Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally detennined by the Wage and Hour Division retroactive to the date such class of employees conenenced contract work shall be a violation of the Act and this contract.
4
,,,.-m-
,_,,-,m_-_--,-,--
.v-..,-.,.
,-.---.m.-.-,y,-
_,-,--,.7
,-.--m-y
.-e-.,m,-
~,., - - - _ _
8 NRC-30-87-286 Page 43 (vi)
Upon discovery of failure to comply with paragraph (b)(2)(1) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work.
l!
(3)
If, as authorized pursuant to section 4(d) of the Service Contract Act of
.1965 as amended, the tem of this contract is more than 1 year, the minimum i
monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less 1
often than once every 2 years, pursuant to wage deteminations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act.
1 (c)
The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined confonnably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in Subpart D of 29 CFR Part 4, and not othemise.
(d)(1)
In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person per. forming work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standard Act of 1938.
Nothing in this provision shall relieve the j
contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.
(2)
If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits I
provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee perfoming any of the contract work (regardless of whether or not such employee was employed under the predecessor i
contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement.
No contractor or subcontractor under this 1
i contract r..ay be relieved of the foregoing obligation unless the limitations of i
64.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his
)
authorized representative finds, after hearing as provided in $4.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are i
substantially at variance with those which prevail for services of a character similar in the locality, or detemines, as provided in 54.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees 4) employed under the predecessor contract was not entered into as a result of arcs-length negotiations.
Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under i
NRC-30-07-286 Page 44 the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973).
In the case of a wage detemination issued solely as a result of a finding of substantial variance, such detemination shall be effective as of the date of the final administrative decision.
(e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract.
The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.
(Approved by the Office of Management and Budget under 0MB control number 1215-0150).
(f) The contractor or subcontractor shall not pemit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(g)(1) The contractor and each subcontractor perfoming work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(1) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor.
(Sections 4.6(g)(1)(1) through (iv) approved by the Office of Management and Budget under OMB control number 1215-0017 andsections4.6(g)(1)(v)and(vi) approved under OMB control number 1215-0159).
(i) Name and address and social security number of each employee.
l (ii)
The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe i
benefit payments in lieu thereof, and total daily and weekly compensation of each employee.
(iii) The number of ' daily and weekly hours so worked by each employee.
(iv)
Any deductions, rebates, or refunds from the total daily or weekly
)
compensation of each employee, i
I (v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant i
.-_.__,._._--m.
. - _ _ ~. -, ~ ~. -. - - - - - -.. -.
._.---.--,,,,-.,_-r
-y.--___,-----.--------.--,.m...
NRC-30-87-286 Page 45 to the labor standards clause in paragraph (b)(2)(ii) of this section shall be of this section. A copy of the report required by the clause in paragraph (b) l deemed to be such a list.
(vi)
Any list of the predecessor contractor's employees which have been furnished to the contractor pursuant to 64.61(1)(2).
(2)
The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
(3)
Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or l
advance of funds until such violation ceases.
j (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.
(h')
The contractor shall unconditior. ally pay to each employee subject to the l
Act all wages due free and clear and without subsequent deduction (except as 1
otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback or j
any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly.
(i)
The contracting officer shall withhold or cause to be withheld from the 4
Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay j
underpaid employees employed by the contractor or subcontractor.
In the event of failure to pay any employees subject to the Act all or part of the wages or 4
fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until i
such violations have ceased.
Additionally, any failure to comply with the j
requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work.
In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional
{
cost.
l (j)
The contractor ' agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act.
The b
tenn " contractor" as used in these clauses in any subcontract, shall be deemed l
to refer to the subcontractor, except in the tenn " Government prime contractor."
(k)(1)
As used in these clauses, the term " service employee" means any person engaged in the perfonnance of this contract other than any person employed in a l
bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29 Code of Federal Regulations, as of July 30,
\\
4 NRC-30-67-286 Page 46 1976, and any subsequent revision of those regulations.
The tem " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(2) The following statement is included in contract pursuant to section 2(a)(5) of the Act and is for infomational purposes only:
)
The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:
1 Monetary Employee Class wage-fringe benefits 4
Electronics Engineer GS-12
$15.20 per hour (1)(1)
If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being perfomed, the Government prime contractor shall report such fact to the contracting t
officer, together with full infomation as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service 1
employees engaged in work on the contract, and a copy of the collective bargaining agreement.
Such report shall be made upon commencing perfomance of the contract, in the case of collective bargaining agreements effective at such j
time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract perfomance, such agreements shall be reported promptly after negotiation thereof.
(Approved by the Office of Management and Budget under OMB control number 1215-0150.)
(2)
Not less than 10 days prior to completion of any contract being performed l
at a Federal facility where service employees may be retained in the perfomance l
of the succeeding contract and subject to a wage detemination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (4.173 of Regulations, 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payr.oll during the last month of contract performance.
Such list shall also,contain anniversary dates of employment on the contract either i
with the current or predecessor contractors of each such service employee. The i
contracting officer shall turn over such list to the successor contractor at the comencement of the succeeding contract.
(Approved by the Office of Management l
and Budget under OMB control number 1215-0150.)
(m)
Rulings and interpretations of the Service Contract Act of 1965, as l
amended, are contained in Regulations, 29 CFR Part 4.
i I
l NRC-30-67-286 Page 47 (n)(1)
By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or fim who has a substantial interest in the contractor's fim is a person or fim ineligible to be awarded Government contracts by virtue of.the sanctions imposed pursuant to section 5 of the Act.
(2)
No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S. Criminal i
Code, 18 U.S.C. 1001.
(o)
Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees i
may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:
4 (1)
Apprentices, student-leamers, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be emplo wages lower than the minimum wages otherwise required by section 2(a)yed at(1) or 2(b)(1) of the Service Contract Act without diminishing an fringe benefits or cash payments in lieu thereof required under section 2(a)y(2) of that Act, 1
in accordance with the conditions and procedures prescribed for the employment of i-apr.rentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
1 (2)
The Administrator will issue certificates under the Service Contract Act j
for the employment of apprentices, student-learners, handicapped persons, or j
handicapped clients of sheltered workshops not subject to the Fair Labor i
Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu J
thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and j
525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in l
accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of 3
Federal Regulations.
(p) Apprentices will be pemitted to work at less than the predetermined rate l
for the work they perform when they are employed and individually registered in j*
a bona fide apprenticeship program registered with a State Apprenticeship Agency l
which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of I
Apprenticeship and Training, Employment and Training Administration, U.S.
Department of Labor. Any employee who is not registered as an apprentice in an j
approved program shall be paid the wage rate and fringe benefits contained in l
the applicable wage detemination for the journeyman classification of work l
NRC-30-87-286 i
Page 48 J
actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, i
expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.
The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not t
be greater than the ratio permitted to the contractor as to his entire work j
force under the registered program.
(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips 4
credited by)the employer against the minimum wage required by section 2(a)(1) or section 2(b (1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1,1980, and $1.34 per hour after December 31, 1980. To utilize this proviso:
(1) The employer must infom tipped employees about this tip credit allowance l
before the credit is utilized.
l (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received):
I (3) The employer must be able to show by records that the employee receives at least the applicable Sevice Contract Act minimum wage through the combination of f
direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);
i (4) The use of such tip credit must have been permitted under any predecessor l
collective bargaining agreement applicable by virtue of section 4(c) of the Act.
(r)
Disputes concerning labor standards.
Disputes arising out of the labcr standards provisions of this contract shall not be subject to the general 2
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8.
Dis i
contractor (putes within the meaning of the clause include disputes between the or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, the employees or their representatives.
(FPR Temporary Regulation 76) l 52.227-1 AUTHORIZATION AND CONSENT.
(APR1984)--AlternateI.
(APR1984)
(a) The Government authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the perfomance of this contract..or any subcontract at any tier.
(b) The contractor agrees to include, and require inclusion of, this clause,
!a suitably modified to identify the parties, in all subcontracts at any tier for l
supplies or services (including construction, architect-engineer services, and materials, supplies, models, samples, and design or testing services expected to exceed $25,000; however, omission of this clause from any subcontract, under or l
over $25,000, does not affect this authorization and consent.
(End of clause) l (R 7-103.22 1961 JAN) i
HRC-30-87-266 Page 49 (R7-302.211964 MAR) 52.227-2 NOTICE AND ASSISTAhCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR1984)
(a) The Contractor shall report to tbc Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.
1 (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 perfonnance of this contract or out of the use of any supplies furnished or work or services perfonned under this contract, the Contractor shall furnish to the Government, 1
when requested by the Contracting Officer, all evidence and infonnation in
^
possession of the Contractor pertaining to such suit or claim.
Such evidence and information 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 i
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).
(Endofclause)
(R7-103.231965JAN) i 52.229-4 FEDERAL, STATE,ANDLOCALTAXES(NONCOMPETITIVECONTRACT).
(APR1984)
(a) " Contract date," as used in this clause, means the effective date of this contract and, for any modification to this contract, the effective date of the modification.
"All applicable Federal, State, and local taxes and duties," as used in this i
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.
j "After-imposed tax," as used in this clause, means any new or increased Federal, State, or local tax or duty, or tax that was excluded on the contract date but whose exclusion was later revoked or amount of exemption reduced during the contract period, other than an excepted tax, 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.*
"After-relieved tax," as used in this clause, means any amount of Federal, t
State, or local tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but I
which the Contra.ctor'is not required to pay or bear, or for which the Contractor i
obtains a refund or drawback, as the result of legislative, judicial, or b
administrative ' action taking effect after the contract date.
1
" Excepted tax," as used in this clause, means social security or other l
employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property I
taxes.
" Excepted tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies 1
i NRC-30-87-286 l
Pegs 50 j
covered by this contract, or any tax assessed on the Contractor's possession of, j
interest in, or use of property, title to which is in the Government.
}
(b) Unless otherwise provided in this contract, the contract price includes j
all applicable Federal, State, and local taxes.and duties.
(c) The contract price shall be increased by the amount of any after-i imposed tax, or of any tax or duty specifically excluded from the contract price i
by a tenn or condition of this contract that the Contractor is required to pay
{
or bear, including any interest or penalty, if the Contractor states in writing j
that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
2 (d) The contract price shall be decreased by the amount of any after-
]
relieved tax. The Government shall be entitled to interest received by the i
Contractor incident to a refund of taxes to the extent that such interest was l
earned after the Contractor was paid by the Government for such taxes.
The i
Government shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.
(e) The contract price shall be decreased by the amount of any Federal, State, or local tax, other than an excepted tax, that was included in the contract price and that the Contractor is required to pay or bear, or does not i
)
obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
i (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 Federal, State, and local taxes and duties that reasonably i
may be expected to result in either an increase or decrease in the contract l
i price and shall take appropriate action as the Contracting Officer directs. The l
I contract price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys' fees.
j (h) The Government shall furnish evidence appropriate to establish exemption from any Federal, State, or local tax when (1) the Contractor requests such exemption and states in writing that it applies to a tax excluded from the i
l contract price and (2) a reasonable basis exists to sustain the exemption.
I (Endofclause)
(R7-103.10(b)1960JUL)
(R1-11.401-2(d))
{
52.232-1 PAYMENTS.
(APR1984)
The Government shall pay the Contractor, upon the submission of proper
)
invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions 2
j provided in this contract. Unless otherwise specified in this contract, payment shall be made on' partial deliveries accepted by the Government if--
j.
(a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
i (End of clause) i l
(R7-103.71958JAN) l (R1-7.102-7) 4 r
j w
NRC-30-87-286 l'cg2 51 52.232-8 DISCOUNTS FOR PROMPT PAYMENT.
(APR 1984)
In connection with any discount offered for prompt payment, time shall be computed from (1) the date of completion of. perfonnance of the services or delivery of the supplies to the carrier if acceptance is at point of origin, or date of delivery at destination or port of embarkation if delivery and acceptance are at either of these points, or (2) the date the correct invoice or voucher is received in the office specified by the Government, if the latter is later than date of performance or delivery.
For the purpose of computing the discount earned, payment shall be considered to have been made on the date the Government check was mailed.
(Endofclause)
R 7-103.14 1968 JUNE R 7-1902.11 1971 NOV L2.232-11 EXTRAS.
(APR1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.
(Endofclause)
(V7-103.31949JUL)
(V1-7.102-3) 52.232-17 INTEREST.
(APR1984)
(a) Notwithstanding any other clause of this contract, all amounts that become payable by the Contractor to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C.1481))
shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.
The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(b) Amounts shall be due at the earliest of the following dates:
(1)Thedatefixedunderthiscontract.
(2) The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination.
(3) The date the Government transmits to the Contractor a proposed supplemental agreemdnt to confirm completed negotiations establishing the amount of debt.
(4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with, a pricing proposal or a negotiated pricing agreement not confinned by contract modification.
(c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(Endofclause)
(R7-104.391972MAY)
(R1-7.203-15)
NRC-30-87-286 Page 52 52.232-23 ASSIGNMENT OF CLAIMS.
(APR 1984)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 203, 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 perfomance 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 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 may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or infomation related to work under this contract until the Contracting Officer authorizes such action in writing.
(End of clause)
(R7-103.81962FEB;R1-30.7031976MAY)
(R7-602.81976OCT)
(R 7-607.6 1976 0CT) 52.233-1 DISPUTES.
(APR 1984)
(a) This contract is subject to the Contract Disputes Act of 1978(41U.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 o,ther 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,.0fficer for a written decision.
A claim by the Government 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)Theclaimismadeingoodfaith; (11) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and
i NRC-30-87-286 1
Pcgs 53 1
(iii)
The amount requested accurately reflects the contract l
adjustment for which the Contractor believes the Government is liable.
4 i
(3) (1) If the Contractor is an individual, the certification shall be executed by that individual.
1 (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 l
l plant or location involved; or (B) An officer or general partner of the Contractor having i
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 over $50,000, the Contracting 1
}
Officer must, within 60 days, decide the claim or notify the Contractor of the i
date by which the decision will be made, j
(f) The Contracting Officer's decision shall be final unless the Contractor i
appeals or files a suit as provided in the Act.
I (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 i
is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable fnr 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 j
contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, an.3 comply with any decision of the' Contracting Officer.
j (Endofclause)
(R7-103.121980JUN) l (R FPR Temporary Reguletion 55-II 1980 JUN) l 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION.
l (APR1984)
)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation.
If the Contractor's failure to use reasonable care causes damage to any of this l
property, the Contractor shall replace or repair the damage at no expense to the l
l Government as the Contracting Officer directs.
If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for l
l the cost, which may be deducted from the contract price.
(
(End of clause) i (R7-104.631968FEB) 52.242-2 PRODUCTION PROGRESS REPORTS.
(APR1984) j r
j (a) The Contractor shall prepare and submit to the Contracting Officer the production progress reports specified in the contract Schedule, j
(b) During any delay in furnishing a production arogress report required under this contract, the Contracting Officer may withho'id from payment an amount not exceeding $10,000 or 5 percent of the amount of this contract, whichever is less.
I
NRC-30-87-286 Page 54 (End of clause)
(R7-104.511971APR) 52.243-1 CHANGES--FIXED-PRICE.
(APR1984)-rAlternateII.
(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:
(1) Description of services to be perfonned.
(2) Time of perfonnance (i.e., hours of the day, days of the week, (3) Place of perfonnance of the services.
(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.
(5) Method of shipment or packing of supplies.
(6) Place of delivery.
(b) If any such change causes an increase or decrease in the cost of, or the time required for, perfonnance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
(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)
R7-1902.21971NOV)
R7-103.21958JAN)
(R1-7.102-2) 52.244-5 COMPETITION IN SUBCONTRACTING.
(APR1984)
The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract.
(Endofclause)
(V7-104.401962APR)
(V1-7.202-30)
(V7-303.27)
URC-30-87-286 Pcgs 55 V7-402.29)
V 7-603.18)
V 7-605.37)
V 7-702.50).
V 7-703.43 V 7-704.35 V 7-1703.5 V 7-1903.28)
V 7-1909.23) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR1984)
(a) Except as provided in paragraphs (b) and (c) below, 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 perfomed 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 performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel.
The tem
" Contractor's managerial personnel " as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of--
(1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being perfomedt or (3) A separate and complete major industrial operation connected with the performance of this contract.
(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor's performance 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 perfomed or materials furnished under this contract.
(d) The Contractor.shall include this clause, including this paragraph (d),
supplemented as necessary to reflect the relationship of the contracting parties, in all subcontracts over $25,000.
(Endofclause)
(R7-19121974APR) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)(SHORTFORM).
(APR1984)
The Contracting Officer, by written notice, may teminate this contract, in whole or in part, when it is in the Government's interest.
If this contract is terminated, the Government shall be liable only for payment under the payment
,,{,
NRC-30-87-286 P:go 56 provisions of this contract for services rendered before the effective date of termination.
(End of clause)
(R7-1902.161968FEB)
(R 1-8.705-1) 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 or in part if the Contractor fails to--
(1) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance 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).
(2) The Government's right to terminate this contract under subdivisions (1)(11) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
(b) If the Government teminates this contract in whole or in part, it may 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 If able to the Government for any excess costs for those supplies or services.
However, the Contractor shall continue the work not terminated.
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform 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 contractual capacity, (3) fires, (4) floods, (5) ep(idemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and
- 9) unusually severe weather.
In each instance the failure to perfom must t'e beyond the control and without the fault or negligence of the Contractor.
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the def ault 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 perfom, 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 the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, infomation, and contract rights (collectively referred to as " manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated 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 the amount A
NRC-30-87-286 4.
o Pcg2 57 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 Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
(Endofclause)
(R1-8.707)
(R 7-103.11 1959 AUG)
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments None.
4 e