Text

Forwards Amend 6 to RS-ADM-87-205 (Formerly RS-ADM-86-380), Changing Specs of Contract Solicitation Sections C.1.2.2, C.1.2.3 & C.1.2.4 & Extending Date & Time for Receipt of Bids to 870204
	ML20214R779
Person / Time
Issue date:	01/27/1987
From:	; NRC
To:	Belanger S; ANDERSON-JACOBSON, INC.
Shared Package
ML20214R766	List: ML20214R763; ML20214R779;
References
	CON-NRC-33-87-248 NUDOCS 8706080302
	Download: ML20214R779 (50)
	v • d • e

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, IM 281997 ANDERSON-JACOBSON ,

ATTENTION SEAN BELANGER 8653 GROVEMONT CIRCLE ,

DAITHERSBURG MD 20077

AMENDMENT NO. SIX - RS-ADM-87-205 (FORMERLY RS-ADM-86-3OO)

SOLICITATION IS HEREBY AMENDED AS FOLLOWS*

1. UNDER SECTION C.1.2.2., DELETE

. SPECIFICATION 9 AND 32 IN THEIR ,

ENTIRETY.

( 2. UNDER SECTION C.1.2.3, DELETE g y

SPECIFICATION 9 AND 22 IN THEIR ENTIRETY. t

3. UNDER SECTION C.1.2.4, DELETE THE THIRD SENTENCE OF THE FIRST PARAGRAPH IN ITS

- ENTIRETY AND SUBSTITUTE THE FOLLOWING IN LIEU THEREOF:

[

"EACH MCDEM SHALL CONFORM TO THE FUNCTIONAL 'O SPECIFICATIONS REFLECTED IN SECTION C.1.2.2 -

ABOVE WITH THE EXCEPTION OF SPECIFICATION

. 24 AND 28."

4. THE DATE AND TIME FOR RECEIPT OF BIDS IS HEREBY EXTENDED TO FEBRUARY 4, 1987, 3'00 P.M.

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AMENDMENT CF SOLICITATION / MODIFICATION OF CONTRACT 1 l7

3. EFFECTavE DATE 4. REQUISITION / PURCHASE REQ. NO. S. PROJ ECT NO. (11 apphce6ard

2. AMENOMENT/MOOiF6 CATION NO.

Five (5) JAN15 ISM

s. ISSUED sv * " *" '" # I CODE CODE U.S. Nuclear Regulatory Commission

Division of Contracts Washington, D.C. 20555

4. N AME ANO ADORE 55 OF CONT R ACTOR (No.. street. county, State and J.JP Codel y) 9A. AMENOMENT OF SOLICIT ATiON NO.

RS-ADM-87-205 ALL OFFER 0RS J x (formerly RS-ADM-86-380) l A g;Yf.504 -,) ACO136ON es. DATED <Sss ursu no Q= ) 3 (&zOVSAcW7 [2*' E toA. MOOiF6CATsON OF CONTRACT / ORDER QM//YY cf 7 7 108. DATEO (Sss TsM i3b CODE lF ACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numeered solicitation is amended as set forth in item 14. The hout and date specified for remipt of Offers is extended, is not ex.

tended.

Offars must scitnowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended. by one of the following methods:

(a) By comoieting items 8 and 15. and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or teiegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG-MENT TO BE RECElvED AT THE PLACE DEslGNATED FOR THE RECElPT OF OFFERS PRIOR TO THE HOUR AND DATE sPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER (f by virtue of this amendment you desire to change an offer already submitted.such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the openin0 hour and date specified.

12. ACCOUNTING AND APPROPRI ATaON OAT A (11 rwomared)

13. THIS ITEM APFLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTRACT / ORDER NO. AS DESCRIBED IN ITEM 14.

E C ORDER N . I M .

S. THE ABOVE NUMBEREO CONTR ACT/ ORDER 15 MOD.FIED TO REFLECT THE ADMINISTR ATIVE CHANGES (such as chaises in paying office, approprierson date, ete.J SET FORTH IN ITEM la. PUR5U ANT TO THE AUTHORITY OF F AR 43.lo3(D).

C. TMIS SUPPLEMENTA6 AGREEMEN1 e5 ENTEREO INTO PURSUANT TO AUTHORi1 V 0F:

O. OTHER (Spetary type of mad.fseetson and authorntyr E. IMPORTANT: Contractor is r*Ot. O is reovireo 10.isn ini, oOComent omo return COoiC.101ne isicio, OreiC..

DESC R4PTiON OF AMENOMEN T/*AOD6F iC AT SON torseasse. by UCF erenosi heedense, ancludant eoheitetson/ con r.ect suhieet matter sehere fron6se.)

Solicitation Number RS-ADM-87-205 is hereby revised as follows:

1. Delete Section B, Supplies or Services and Prices / Costs, page 2 cf the solicitation in its entirety and insert a revised Section B, pages 2 and 2a attached hereto in lieu thereof.

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IS A. N AME AND TIT E F NE R (Type or print) 16A.NAME AND TtTLE OF CONTRACTING OFFtCER (Type orprint) l

.5 W " Timothy F. Haga Contracting Officer SuSEAyr OlAAAGEA ,~ '

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168. CO T R ACTOR /OF F EROR ISC. OATE 54GNED 16SrbNITES- Z M ,

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O TION UNUSABLE / STA.crDA.RD D Dy GSA FORM 30 t F AR (48 CFR) S3.243 -

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svmeamo poem u. Jutv itu M "E*'l., T ."E NN RS-ADM-87-205 .2

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REPLACEMENT PAGE PER AMENDMENT 5

sumusisenvas ov u nin um um rea- amouwr nem wo.

Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work 4

a. The contractor shall provide modems to the Nuclear Regulatory Comission (NRC) when ordered as specified in Section C - 4 I Description / Specifications / Work Statement, i . b. Orders will be issued for work required by the NRC in accordance with SE.216 Ordering (APR 1984). -The NRC reserves the right to withdraw a. proposed order at any time prior to its formal award. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the

) initiation of work under this contract.

The provisions of this contract shall j

govern all orders issued hereunder, i

ESTIMATED

1. Modem (0-1200-2400 bps) M #d5## # ###**# 320 EA $ 2.36 $ 7{ 200' Name of Manufacturer M 2.4/257N Make and Model No. m m z.t r#

2. Modem (4800 bps) 20 EA $ //[7 $ 24Md >

Name of Manufacturer pso6pSW 74c.:odSad

i. Make and Model No. 4 1 q,co / /A o ua urer M^# d W eo i Make and Model No. 85960/ /VD

. 4. Rack Mounted Modem Unit

1. 2 EA $lE ??S $_7/,7~/2 _

Name of Manufacturer AT UCC4-dl a/

Make and Model No. 23 r 7 (14 / cuo More The contractor shall identify the name of the manufacturer and the make and model number for each modem indentified above.

_ NOTE :

1) Bids must include Descriptive Literature (see Section L herein, Clause 52.214 and Section M.4) for each item offered.

I gu.$. G.P.O. 1983-381*S16/0388

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'* CONTINUATION SHEET RS-ADM-87-205 2a e"so #oc Y.I4i NEI^eg m e or omeos on comucron REPLACEMENT PAGE PER AMENDMENT 5 SUPPtit$/$ttylCl$ QUANTITY UNIT UNif PRIG AA40UNT fffA4 NO.

NOTE:

2) As multiple awards may be made (see Section L herein, Clause 52.214-22) under this solicitation, bids may be submitted for a single item or any combination of items reflected above.

TOTAL $ /63,SN I

l 34-108 $U.S. G.P.O. l983-38t*S26/0386 l

RS-ADM-87-205 Amendment 5 Page 2

2. Additional revisions:

A. Delete Section C.1.2, Scope of Work, in its entirety and insert the following in lieu thereof:

"C.1.2 Scope of Work C.1.2.1 Glossary CCITT -

International Consultative Committee for Telegraphy and Telephony db - Decibal S/N - Signal to Noise EIA -

Electronic Industries Association

. RTC - Remote Test Center FEP - Front End Processor KBps - Kilo Bits per Second Bps - Bits per Second bis - Standardization of Data Signalling Rates for Synchronously Data Transmissions on Leased Telephone Type Circuits LED - Light-Emitting Diode C.1.2.2 Specifications for the 0-1200-2400 bps Modem (Item 1)

The Contractor shall furnish modems if and when ordered by the NRC Project Officer through delivery orders issued pursuant to this contract. All modems furnished under this contract shall meet or exceed the following functional specifications:

1. Minumum five (5) year systems life.

4

2. Modems shall be functionally ccmpatible with microcomputers and other types of terminals.

3. The mechanical and electrical interface.between the microcomputer, terminals and modems shall comply with Electronic Industries Association (EIA) Standard RS-232.and CCITT V.24 for serial Binary Data Exchange.

Within the RS-232 standard, this includes type SR (send receive) configuration for half or full duplex !

i operation.

l

4. Capable of operating on 117 volts AC plus or minus 10% !

at a frequency of 60 Hertz plus or minus 3 cycles.

The power cable shall be 3-wire with a three (3) prong I grounded plug that will fit into a stencard power outlet. The power cord shall be a minimum of six (6) feet.

5. Capable of operating in the temperature range of 45 degrees to 95 degrees fahrenheit and a relative.

humidity range of 10% to 90% non-condensing.

4

I*

.RS-ADM-87-205 Amendment 5 Page 3 4; .

6. Mean Time Between Failure (MTBF) of 10,000 hours0 days 0 hours 0 weeks 0 months for continuous operation.

7. Modems shall be capable of continuous self-test (when idle) and have operational status LED indicators.

8. Modems shall have an automatic adaptive equalization-i feature.

l Modems shall have a LED power indicator.

10. Automatic dialing and answering.

11. Modem ready

12. Tone dialing

13. Terminal ready

14. Variable pause lengths between telephone digits

15. Send data

16. Capable of storing a minimum of three telephone numbers with redialing

17. Receive data

18. Automatic redialing up to a minimum of 10 times or until connection is completed '

19. Automatic baud rate and parity detection for 300/1200/2400 bps

20. Carrier detect

21. Disable mode to circumvent mudem from inadvertently responding to terminal

22. Programable comands for modem control

23. A device control to automatically switch from a local comand mode to the on-line comand mode after responding to an incoming call, dialing and/or connecting to a remote modem

24. Speaker with volume control

25. All low speed modems operating asynchronously at speed from 0 to 1200-2400 bps shall support CCITT-V.22 and V.22 bis standard i

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RS-ADM-87-205 Amendment 5 Page 4

26. Modems shall have two modular jacks (RJ11C) receptacles for (1) the telephone company line and (2) a telephone instrument for voice transmission whenever the modem is not on-line

27. Modem shall have a RS-232 C terminal interface

28. Modems shall be the stand alone type

29. Modems shall have a transmission mode of half / full duplex

30. Modems shall have the diagnostic features for performing local self test and remote digital loop back tests

31. Modems shall be compatible with the IBM software package CROSSTALK Modems shall not exceed the following dimensions:

Height -

4.5" Width -

8.0" Depth -

13.0" Weight -

8.0 lbs

33. Coding and Modulation - 2400 BIT /SEC (APR 84 FIRMR).

All nondiversity 2400 bit per second modems offered as a result of this requirement for use with 4KHZ channels derived from either switched networks or dedicated lines shall comply with FED-STD 1005.

34. 2400 BIT /SECOND DIGITIZED VOICE TELECOMMUNICATIONS EQUIPMENT (DEC 85 FIRMR). All synchronous (not packetized) 2400 bit /second digitized voice x telecommunications equipment offered as a result of

.this requirement shall be capable of Linear Predictive Coding (LPC-10) operation in conformance with FED-STD 1015.

C.1.2.3 Specifications for the 4800 bps and 9600 bps Modems 11tems 2 and 3)

The contractor shall furnish modems if and when ordered by the NRC Project Officer through delivery orders issued pursuant to this contract. All modems furnished under this contract shall meet or exceed the following functional specifications:

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. . . . . -. . ~ ~ . __ __ __ . . ____ _ _

. RS-ADM-87-205' Amendment 5 Page 5

1. Minimum five (5) year systems life

2. Modems shall be functionally compatible with microcomputers and other types of terminals t

3. The mechanical and electrical interface between the.

microcomputer, terminals and modems shall comply with Electronic Industries Association-(EIA) Standard RS-232 and CCITT V.24 for serial Binary Data Exchange.

Within the RS-232 standard, this includes type SF (send receive) configuration for half or full duplex operation.

4. Capable of operating on 117 volts AC plus or minus 10%

at a frequency of 60 Hertz plus or minus 3 cycles.

. The power cable shall be 3-wire with a three (3) prong grounded plug that will fit into a standard power outlet. The power cord shall be a minimum of six (6) feet.

5. Capable of operating in the temperature range of 45 degrees to 95 degrees fahrenheit and a relative humidity range of 10% to 90% non-condensing.

6. Mean Time Between Failure (MTBF) of 10,000 hours0 days 0 hours 0 weeks 0 months for continuous operation.

7. Modems shall be capable of continuous self-test (when ;

j idle) and have operational status LED indicators.

8. Modems shall have an automatic adaptive equalization feature .

Modems shall have a LED power indicator.

10. Modems shall have a bit error not more than 10-6 within a S/N ratio of 24 db on 3002 circuit operating ;

4 environment.

11. Modem shall be capable of continuous self-test (when idle) and have operational status LED indicators. )

12. Access points shall be available on all modems so that the following diagnostic and circuit monitoring l

routines can be performed by a RTC. j (1) Modem Testing, local and remote (2) Analog and digital loop back test (3) Data transmission simulation f

I

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)

- - RS-ADM-87-205 l Amendment 5 l

. Page 6 ;

i i

13. Modems shall have analog and/or digital loop.back test capability. The loop back shall be automatic under ,

the control of the RTC.

14. Modems shall be switch selectable from the leased dedicated circuit to dial up backup circuit and/or arrangement under control of the RTC and or locally.

15. Modems shall have internal / external transmitter clock option.

16. Modems shall have a transmit rate switch and/or be strappable :ar 9600 and 4800 bps.

17. Modems shall have the capability to be electrically bypassed by a circuit element (i.e., Front End Processor, other modem, etc.) which may block the exchange diagnostic commands and status data.

18. All high speed modems operating synchronously at speeds from 4800 to 9600 bps shall support the CCITT

V.27 and V.29 standard.

19. The 4800 bps modem may have two (2) modular jack receptacles for (1) the telephone company line and (2) a telephone instrument for voice transmission whenever the modem is not on-line, however this is not mandatory.

20. The 4800 modem shall have a data rate of 4.8 Kbps and the 9600 modem shall have a data rate of 9.6 Kbps.

21. Modems shall be the stand alone type 7

. Modems shall not exceed the following dimensions:

i Height - 5.0" Width - 12.0" Depth - 15.0" Weight -

20.0 lbs.

23. Coding and Modulation 4800 BIT /SEC (APR 84 FIRMR).

All 4800 bit per second modems (and equipment centaining 4800 bit per second modems) offered as a result of this requirement for use with nominal 4KHZ

~

analog channels shall comply with FED-STD 1006.

24. Coding and Modulation 9600 BIT /SEC (APR 84 FIRMR).

All duplex 9600 bit per second modems offered as a result of this requirement for use with nomina.14KHZ analog transmission channels shall comply with FED-STD

< 1007.

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RS-ADM-87-205 Amendment 5

-Page 7 C.1.2.4 Specifications for the Rack Mounted Modem Unit (Item 4)

The contractor shall provide a Rack Mounted Modem Unit when ordered by the NRC Project Officer through_ delivery orders issued pursuant to this contract. Each Rack Mounted Modem Unit shall consist of thirty-two (32) 0-1200-2400 bps Rack Mounted Chassis Modems, an assembled and wired Rack and an AC power supply. Ea4 ---- '

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-rack shiltTUnfFrm to the following dimensions:

Height - shall not exceed 6' Width -

19" to 24"

. The contractor shall deliver the Rack Mounted Modem Unit to the location specified in Section F.1. The contractor shall be responsible for assembly of the unit at the place of delivery."

8. Under Section F Deliveries and Performance, delete F.1, Place of Delivery, in its entirety and substitute the following in lieu -

i thereof:

"F.1 Place of Delivery

' Modems identified as Items 1, 2 and 3 under Section B herein shall be delivered, with all transportation charges paid by the contractor, to:

U.S. Nuclear Regulatory Commission 1 Contract No. NRC-10-87-205 4934 Boiling Brook Perkway Rockville, Maryland 20852 i

The Rack Mounted Modem Unit identified as Item 4 under Section B herein shall be delivered, with all transportation charges paid by the contractor, to: ,

U.S. Nuclear Regulatory Commission Contract No. NRC-10-87-205 11555 Rockville Pike One White Flint North Rockville, Maryland" The date and hour for receipt of bids is January 28, 1987, 3:00 p.m.

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. R7 ANDERSON-JACOBSON ATTENTION SEAN BELANGER 8653 OROVEnONT CIRCLE DAITHERSBURO MD 20877 e-AnENDnENT NO. FOUR - RS-ADM-87-205 (FORMERLY RS-ADM-86-380)

THE HOUR AND DATE FOR RECEIPT OF BIDS IS ,

HEREBY EXTENDED TO 3:00 P.M.

JANUARY 28, 1987. AN AMENDMENT REVISING THE SOLICITATION WILL BE ISSUED ON OR _

ABOUT JANUARY 9, 1987.

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ANDERSON-JACOBSON ATTENTION SEAN BELANGER 8653 OROVEMONT CIRCLE GAITHERSBURG MD 20077 t*

AMENDMENT NO. THREE - RS-ADM-87-205 -

(FORMERLY RS-ADM-86-380)

THE HOUR AND DATE FOR RECEIPT OF BIDS IS HEREBY EXTENDED TO 3:00 P.M., JANUARY 8, 1987.

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DEC 1

886 1. CONT R ACT 10 CODE PAG 1 3 A'M.ENDMENT OF SOLICITATION / MODIFICATION CF CONTRACT I

3. EF FECTIVE DATE 4. f4EQuiS6T ION /PURCHASE REQ. NO. S. PROJECT NO. fit ep,hce64e)

k. AMENOMENT/MOOiFICAT40N NO.

Two 12/8/86

6. s55Uto BY 7. ADMIN 85TEREO BY (J/ other shen Jtens 4) l l

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

a. NAME AND ADORE 55 OF CONT R ACTO R (No., street, county Atese and EJP CodeJ y)

. - 9A. AMENOMENT RS-ADM-87-2 5 8F SOLICITATION NO.

AME# 56^# M # x (formerly RS-ADM-86-380)

ALL OFFERORS gg g3 6-ape /^dM N 98. OATED (SEE ITEM J J)

(y e.T TH E M A M # MM 11/12/86 loa. OlF 6 CATION OF CONTRACT / ORDER 108. DATED ISER ITEM 23)

CODE lF ACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS I The above numbered solicitation is amended as set forth in item 14. The %sr and date specified for remipt of Offers is entended, is not ex.

t;nded.

Off 2rs must acknowledge receipt of this amendment ior to the hour and date specified in the solicitation or es amended, by one of the following methods:

(!) By completingitems 8 and 15.and returning copies of the amendment (b) By acknovviedging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDG.

MENT TO BE RECEIVED AT THE PLACE DEstGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE sPECIFIED MAY RESULT IN FiEJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted.such change may be made by telegram or uttir, provided each te.egram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRI ATION OAT A (1/ requued)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTR ACTS / ORDERS, IT MCDIFIES THE CONTRACT / ORDER NO. AS DESCRIBED IN ITEM 14.

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O. THE ABOVE NUMBEREO CONTR ACT/ ORDER IS MOOlFtEO TO REFLECT THE ADMINISTR ATIVE CHANGES (sa,ch as chaires in paying office, espropriation deae. etc.J 5ET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF F AR 43.103(D).

C. THIS SUPPLEMENTAL AGREEMENT 15 ENTEREO INTO PUR$UANT TO AUTHOR 6TY OF O. OTHE R i3peesty type of moda/seetson ens authorityJ E. IMPORTANT: Contractor is not, b is required to sign this docurnent and return copies to the issuing of fice.

13.. DESC RIPT4ON OF AMENOMEN T/MOOtF SCAT aON (Ortsnaaed by UCF esenon headsass, anch.dans sofacitanon/contreet suhteet metter sphere fees 46de.s Solicitation No. RS-ADM-87-205, Section C - Description / Specifications / Work Statement is revised as follows:

A. Under C.1.2.1, General Specifications, delete (b), (h), (i) and (k) in their entirety and insert a revised (k) and a new (n) as follows:

4Engas prov60ed herein.all terms and conoitions of tne document referenced in Item 9A or 10A,1,s heretofore changed, remains unchanged and i 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

ISA.

SE@ NAME abo eLT4TLE& MOFA$6GNER (Type orprints Timoth g n, Contr ing Officer AMM6& A Sou7;v&~M7 i _

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Prescribed by GSA MEVIOUS EDITION UNU$ABLE F AR (a8 CFR) 53.243

- RS-ADM-87-205 (Fomerly RS-ADM-86-380)

Page 2

"(k) Modems shall have a remote test capability which is under the control of a Remote Test Center (RTC)."

"(n) Modems shall be compatible with the IBM software package CROSSTALK."

B. Under C.1.2.2 Additional Specifications for 1200-2400 bps Modem, the following changes should be made; (1) Delete (j) in its entirety and substitute the following in lieu ,

thereof:

i

"(j) Automatic baud rate and parity detection for 300/1200/2400 bps."

(2) Add specifications (p), (q) and (r) as follows:

"(p) All low speed modems operating asynchronously at speed from 0 to 1200-2400 bps shall support CCITT V.22 and V.22 bis standards.

(q) Modems shall have two (2) modular jacks (RJIIC) receptacles for(1) the telephone company line and (2) a telephone instrument for voice transmission whenever the modem is not on-line.

(r) Modems shall have Data Rates of 1.2 and 2.4 Kbps."

C. Under C.1.2.3 Additional Specifications for 4800 bps and 9600 bps Modems, the following changes should be made:

- (1) Delete the first sentence of specification (c) in its entirety

and substitute the following in lieu thereof:

" Access points shall be available on all modems so that the ;

following diagnostic and circuit monitoring routinas can be ;

perfomed by a RTC." i i

(2) Delete the second sentence of specification (d) in its entirety 1 and substitute the following in lieu thereof:

"The loop back shall be automatic under the control of the RTC."

(3) Delete specification (e) in its entirety and substitute the following in lieu thereof:

"(e) Modems shall be switchable from the leased dedicated l circuit to dial up backup circuit and/or arrangement under I control of the RTC and/or locally."

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l ___ _ . _ _ _ - . _ _ - - _ _ _

RS-ADM-87-205 (Formerly RS-ADM-86-380)

Page 3 (4) Add the following specification (1):

"(1) All high speed modems operating synchronously at speeds from 4000 to 9600 bps shall support the CCITT V.29 standard.

(5) Add the following specification (j):

"(j) The 4800 bps modem may have two (2) modular jack receptacles for (1) the telephone company line and (2) a telephone instrument for voice transmission whenever the modem is not on-line, however this is not mandatory."

(6) Add the following specification (k):

"(k) The 4800 modem shall have a data rate of 4.8 Kbps and the 9600 modem shall have a data rate of 9.6 Kbps."

t D. The date and time for receipt of bis is hereby extended to December 23, 1986, 3:00 p.m.

O e

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3. wrm a.u io u ,i ,.d tr AMENDMENT OF SOLICITATION / MODIFICATION OF CCH E/4CT

2. AME NOMENT/MOOlF sC Ai SON NO. 3. EFFECTIVE DAT L 4. E t.We'. ii iONPV A C H ASE R EQ. NO.

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5. P&OJEC T NO. fi/ appfwebar/

1 11/12/86 G55Ur.O ev cg=c p ,u - o m e ,u nn. v.en,um o c,m U.S. Nuclear Regulatory Commission gjn Division of Contracts Vfe / .0 Washington, D.C. 20555 V

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6. N AME AND ADDR ESS OF CONT R ACTOR tNo., street, county $ tate and 2AP Codel (g) 9A. AMENOMENT OF SOLICITATION

/r,/45#4 ad J-MC6 5M x RS-ADM-86-380 ALL OFFER 0RS g QwcMT~ [fk /f **- ^ T ' o f 'TE" ' ' '

11/12/86 C+.T;9%5adcxC- M um ***"8.'"'""'"*"""

108. DAT ED (SEE ITEM J JJ CODE l FACILITY CODE ,

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is entenced, is not en-tends.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or es amended, by one of the following methods:

o ey como iino iten,s 8.nd is.and ,etu,nin, co..es of tne amendmentabi sy ac no .ino rece.. of inis .~nd-nt on sech coo, onne one submitted; or (c) Py seoarate letter or telegram which includes a reference to tne solecitatint' and amendment numbers FAILURE OF YOUR ACKNOWLEDG MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECElPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY REsUL1 IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by to:egrettio letter,provedad each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hoer ar.d date specified.

12. ACCOUNTING ANO APPROPRf ATION DATA glf reeuwed)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTRACT / ORDER NO AS DESCRIBED IN ITEM 14.

y) A. THIS CHANGE OR DER e5 ISSUED PURSUANT TO: tSpecify surhonty) THti CHANGE 5 SET FORTH IN STEM 14 ARE MADE IN THE CON-TR ACT OROER NO. IN ITEM 10A.

8. THE ABOVE NUMBEREO CONTR ACT/ ORDER 45 MOOtFIED TO REFLECT THE ADMINISTR ATivE CHANGES feuch se changes in paying offlee appropriation date, etc.) SET FORTH IN ITEM 14, PUR5UANT TO THE AUTHORITY OF F AR 43.103(c).

C. THis SUPPLEMENTAL AGREEMENT IS ENTERED INTO PUR$UANT TO AUTHORITY OFs O. OTHE R t$peesty type of modifieetton end autherneyp E. IMPORTANT: Contractor is not b is required to sign this document and return copies to the issuing office MEscR691 TON OF AMEN 3 MENT 1%QOsF.C ATION tOreenued by UCTsect>on keedines. Includsne schettetsonteentreet autiieet matter sehere feenibie.)

Solicitation No. RS-ADM-86-380 is revised to read RS-ADM-87-205.

Ercool as provioed herein, all terms and conditions et the docuenent referenced in item 9A or 10A, as heretofore cfteneed, remains uncnaneed and In full force gn e ef fect.

IS A. NAME AND isTLt OF SIGNER (Type or pnnt) 16A. N AME AND TITLE OF CONT RACTING OFFICER (Type orprint)

Sc& Armvn Timothy F. Hagan, Contracting Officer W f #f. 8 & M W?W S$[f s ,-

15 8. CON T R AC T O R/OF F E R O R A SC. DAT E SIGN ED 16 8.)srfi T E O S T A T E /t 16C. D A SIG N tl th -,w_ ~

t.ssenetaure of pereon earnorssert tu esens j g av _ a/ benature

$!L. ofQontrechnaGlfseert b LU 7, l.

l N5N hao41152 P07o 30 105 STANDARD FORM 30 (Riiv, to u t'REveOUS EDtTiON UNU5AtiLE Presosoco by C.hA F #* .4 to t C F R ) $3.24 3

C *'"^ $^" 34 SO ICITATION, OFFER AND AWARD ' [$c'E R DPAS CFR tt 01 pacgg

a. T YPE OF SOLIC4T ATION 5. DAE 455VEO 6. R EQUl54 TION;PU RCHASE

2. CONT R ACT NO. 3. 50LsCIT A TION NO. *

@ STALED BID (IFB) 11/12/86 ADM-86-380

- RS-ADM-86-380 NEGOTI ATED (RFP)

7. #55vEO av 4. ADDRESS OF FER TO (J/ other then item 7s CODE l U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555 NOTE: In sealed bid solicitations "of fer" and "of feror" mean " bid" and " bidder" SOLICITATlON con,,, ,,,,,, ,, ,,,,,ces 9 Sesied offers in original and ..two ( Z ) ,DN b,NO b, n,AONY bthe Me Schedule will be

-- uni,,2 : 00received pgc., u,n at2/16/86 the place : *lified in nandcarried. in ine depoistory iocated in '""*" '"*"'

Bethesda, Maryland 20814 CAUTION - 1. ATE Submissions. Modif. cations. and Withdrawals See Section L. Provision No 52.214 7 or 57 21510 An offers are sutaect to a Conditions Contained in this SOlacetatson

8. TWHmE M dn&de one edes N MmmM

10. FOR INFORMAf TON Mark CAu. > Flynn (301) 492-4276

11. TABLE OF CONTENTS lPAGE(S) W lSEC. l DESCRIPTION lPAGE(S)

, UllSEC l DESCRIPTION PAR T I - THE SCHEDULE PART il - CONTR ACT CLAUSES 1 Xl 1 l CONTR ACT CL AUSES l I Ci j X A SOLICIT ATION/CONTR ACT FORM X 8 SUPPLIES OR SERVICES AND PRICES / COSTS 2 PaRT lei - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION / SPECS / WORK STATEMENT 3 x l ; I LIST OF ATTACHMENTS I 20 D PACK AGING AND MARKING h PART IV - REPRESENTATIONS AND INSTRUCTIONS X

INSPECTION AND ACCEPTANCE 7 REPRESENT ATIONS. CERTIFICATIONS AND 21 X E g X OTHER STATEMENTS OF OFFE RORS DELIVERIES OR PERFORMANCE /

X F 8 X L INSTRS . CONDS AND NOTICES TO OF FE RORS 29 X G CONTR ACT ADMINISTR ATION DATA 10 x M EVALUATION F ACTORS FOR AWARD 32 X H SPECI AL CONTR ACT RE QUIRE MENTS OF F E R IMust be fully completed by offeror)

NOTE ttem 12 does not apply if the solicitation includes the provisions at 52 214 16. Minimum Bid Acceptance Period calendar days 160 calender days unless a different 12 in compliance with the above. the undersegned agrees. if this of fer is accepted within period as meerted ey the ot/erors from the date for receipt of of fers soecihed above to furnish any or all items upon which prices are of fered at the price set opposite each item, delivered at the designated pointIsl. within the time specified in the schedule OAv5 2oCAuNOA OAv5 Jo C ALENOAF OAYS C A@ OAR OA v 5 13 DISCOUNT FOR PROMPT PAYMENT (see seremon I. Clause No 52 222 86 lo CA M [g Xl, % f/ . ,4 % y h/ % //W %

AMENDME NT NO

DATE ' AVENOMENT NO DATE 14 ACKNOWLEDGMENT OF AMENDMENTS 4The offeror eeknowledern receipt of amend mints to the SOLICITATION for offerore end related documents num bered and dated '

W NAME AP<O TITLt. OF PE RSON AUTH006 ZED TO 5sGN LS A. N AME CODE l l F ACILITY l "'*'^"*"""

ANO Amv.soa -ptcoaroa ADDRES5 NN W #

OV 6MW O S U*fWEAY MS A &&

l OFFEROR

18. OF F E R DA T E 358 TELEPHON E No finedude eres 15C CHECK IF REMtTT ANCE ADDRESS l i. SIGNAT UR E m & - noo

( R M M NS M FC# 8 % '"" 1, #L a44 AW ARD ITo be completed by Government) 19 ACCEPT ED A5 70 o f EMS NUMBE R ED 2o. AMOUN T 21. ACCOdNTING AND APPROPRf Af TON

22. gTHORIT v F OH usiNG OT HE R T H AN F ULL AND OPEN COMPE it. "

23 SUBMIT INVOICES TO ADDRESS SHOWN IN I #4 coPws unless otherwise specifieds 10 U S C 2304tcil ) 41 U S C 253telt

25. PAYMENT WsLL BE M ADE Sy CODE l 24TOMINIST E RED SY f t/ other then item 13 CODE l 2't. UNITED STATES OF AMERICA 28. AW ARO DATE

26. NAME OF CONT R ACTING OF FICE R (Type or prinD i

Issenaturr ot Contreetine officert 4

IMPORTANT - Award will be made on this Form or on Steadard Form 26 or bv other authorised official written notice.

ST ANDARD FORM 33 IREV, a.8%)

N5N 7540 01 152 8044 PREvlOUS EDITION NOT USA 8LE 33333 pg'ggv,g g,g CPO : 1905 0 - 469-793

, STANDARD M)RM H. MY CM W. NO. OF MC. mm Cor#O, Pact jrp

' y 'g;c'h ,^ 7 ,7 3 3 CONTINUATION SHEET RS-ADM-86-380 2 34 NAME OF Crftton OR CordtACfoe ITIJ( NO. SUPPuts/$ftvlCE5 QUANTITY UNif UNff PRIQ AMOUNT Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work

a. The Contractor shall provide modems to the Nuclear Regulatory Commission (NRC) when ordered as specified in Section C -

Description / Specifications / Work Statement.

b. Orders will be issued for work required by the NRC in accordance with 52.216 Ordering (APR 1984). The NRC reserves the right to withdraw a proposed order at any time prior to its formal award. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation o work under this contract.

The provisions f this contract shall govern all order issued hereunder. p ESTIMATd

1. , 00 EA 5236 570,500 Modem (1200-2400 bps) A44E45/Ac.v6 Name of manufacturer sca/

Make and Model No. A T 2 <//? sT/4

2. Modem (4800 bps) 20 EA B /2 IO 32.f 400 Name of manufacturer /7&opesoa Sco .so Make and Model No. A r cp(;o / m A f

3. Modem (9600 bps)

Name of manufacturer //wga.s . Jgc oo$<d Make and Model No.

20 (A N

5 /ZN 5 2 ( 500 A 792o / mo The Contractor shall i tify the name of the manufacturer and the ake and model number for each modem identified above TOTAL i/2! 75 NOTE: ,

1) Bids must include Descriptive Literature (see Section L herein, Clause 52.214-21 and Section M.4) for each item offered.

2) As multiple awards may be made (see Section L herein, Clause 52.214-22) under this solicitation, bids may be submitted i for a single item or any combination of items reflected above. ;

a ios '

,u.5. c. .o. ......i-3:eeaaee l

RS-ADM-86-380 Page 3 B.2 Consideration and Obligation

a. The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is * . The Contracting Officer may unilaterally increase this amount as necessary for completion of orders placed with the contractor during the contract period, The amount presently obligated with respect to this contract is b.

$ * . The Contracting Officer or other individuals specifically authorized under this contract may issue orders for work up to amount presently obligated. This obligation amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The obligation amount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid and payable to the contractor hereunder shall equal the obligation amount, the contractor shall not be obligated to continue perfonnance of the work unless and until the Contracting Officer shall increase the amcunt obligated with respect to this contract. Any work undertaken by the contractor in excess of the obligation amount specified above is done so at the contractor's sole risk.

To be incorporated into any resultant contract.

B.3 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below.

Name: ,4+/DE0504 .NCOA SOA)

Address: S2/ C //AY/ C 6 Y /ft/ [

sad . Jo sd G ce/7/-

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a Section C - Description / Specifications / Work Statement C.1 Statement of Work C.1.1 Background Over the past two years, the Nuclear Regulatory Comission (NRC) has

, significantly expanded its use of microcomputers and visual display terminals. Accordingly, the need for comunications connectivity between NRC's minicomputers, mainframe databases and terminal units has increased as well. The Data Circuit-Terminating Equipment (DCE) or Modems provided under this contract will support this growing requirement.

./ '

RS-ADM-86-380-

Page 4 C.1.2 Scope of Work i

Glossary CCITT - International Consultative Connittee for Telegraphy -

and Telephony db -

Decibal S/N - Signal to Noise EIA - Electronic Industries Association NCC - Network Control Center RTC - Remote Test Center FEP -

Front End Processor KBps - Kilo Bits per Second Bps - Bits per Second bis - Standardization of Data Signalling Rates for Synchroncusly Data Transmissions on Leased Telephone-Type Circuits LED - Light-Emitting Diode C.1.2.1 General Specifications The Contractor shall furnish modems if and when ordered by the NRC Project Officer through delivery orders issued pursuant to this contract. All modems furnished under this contract shall meet or-3 exceed the following general functional specifications:

(a) Minimum Five (5) Year Systems Life.

, (b) Data Rates 1.2, 2.4, 4.8 and 9.6 Kbps.

(c) Stand alone and/or rack mounted functionally compatible with microcomputers and other types of terminals.

(d) The mechanical and electrical interface between the microcomputer, terminals and modems shall comply with Electronic Industries Association (EIA) Standard RS-232 for serial Binary Data Exchange. Within the RS-232 standard, this includes type SR (send receive) configuration for half or full duplex operation. ,

(e) Capable of operating on 117 volts AC plus or minus 10% at a frequency of 60 Hertz plus or minus 3 cycles. The power cable shall be 3-wire with a three (3) prong grounded plug that will fit into a standard power outlet. The power cord shall be a minimum of six (6) feet. . .

(f) Capable of operating in the temperature range of 45 degrees to 95 degrees fahrenheit and a relative humidity range of 10% to 90% non-condensing.

(g) Mean Time Between Failure (MTBF) of 10,000 hours0 days 0 hours 0 weeks 0 months for continuous operation.

't

RS-ADM-86-380

-Page 5

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(h) All low speed modems shall operate asynchronously at speeds from 0 to 1200 bps in low speed mode or 1200 bps in high speed.

Operating synchrorously, the modem must support 2400 bps, 4800 bps and 9600 bps transmission speeds using CCITT V.22 and V.22 bis and V.29 standards.

(i) Modems shall have two (2) modular jacks (RJ-11C) receptacle for (1) .the telephone company line and (2)_ a telephone instrument for voice. transmission whenever the modem is not on-line.

(j) Modems shall be capable of continuous self-test (when idle) and i have operational status LED indicators.

(k) Modems shall have a remote test capability which is under control of a Network Control Center (NCC) or Remote Test Center

. , (RTC). The status reported information shall not interfere with the normal flow of data in the circuits. .

-(l) Modems shall have automatic adaptive equalization feature.-

(m) Modems shall have a power inoicator.

C.1.2.2 Additional Specifications for 1200-2400 bps Modem i l In . addition to the general specifications outlined in C.1.2.1, all 1200-2400 bps modems furnished under this contract shall meet or

exceed the following additional functional specifications

(a Automatic dialing and answering (b Modem ready (c Tone dialing (d) Terminal ready (e) Variable pause lengths between telephone digits (f) Send data (g) Capable of storing a minimum of three telephone numbers with redialing (h) Receive data (i) Automatic redialing up to a minimum of 10 times or until connection is completed (j) Automatic baud rate and parity detection for 300/600/1200/2400 bps.

4 (k) Carrier detect (1) Disable mode to circumvent modem from inadvertently responding to terminal (m) Programmable Commands for Modem Control (n) A device control to automatically switch from a local canmand mode to the on-line command mode after responding to an incoming call, dialing and/or connecting to a remote modem.

(o) Speaker with Volumn Control 4

r i

, - <l N P.5-ADM-86-380 Page-6 2

4 C.1.2.3 Additional Specifications for 4800 bps and 9600 bps Modems In addition to\ t!)e general specifications outlined in C.I.2.1, all ;

4800 bps and 9600 bps modems furnished under this contract .shall meet or exceed the following additional functional specifications:

(a) Modem sh'all have a bit error not more than 10-6 within a S/N-ratio of 24 db on 3002' circuit operating environment.

(b) Modem shall be capable of continuous self-test- (when idle) and have operational status LED indicators.

(c) Access pointst shall _ be. available on all modems so that the '

following diagnostic 'and circuit monitoring routines can be performed by a NCC or RTC. Circuit monitor shall be performed without circuit' interruption during the following tests:

(1 Modem Testing, local and remote ,

(2 Analog and digital loop back test 3

(3 Data transmission simulation l (d) Modems shall have analog and/or digital loop back test capability. The loop back shall' be automatic under the control of the NCC.

(e) Modems shall be switchable from the leased dedicated circuit to i dial up backup circuit and/or arrangement under control of the NCC.

(f) Modems shall have internal / external transmitter clock option.

(g) Modems shall have a transmit rate switch and/or be strappable for 9600 and 4800 bps.

(h) Modems shall have the capability to be electrically bypassed by ,

a circuit element (i.e., Front End Processor, other modem, etc.)

which may block the exchange diagnostic commands and status data.

C.1.3 Operating-Manuals 1

The Contractor shall provide an operating manual or other instruction documentation for each individual modem delivered under this contract.

Section D - Packaging and Marking The . Contractor shall use standard commercial packaging for all items to be

delivered. On the front of the package, the Contractor shall clearly identify d

the contract number under which the product. is being provided.

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RS-ADM-86-380 d

Page 7 Section E - Inspection and Acceptance E.1 Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at the destination.

Section F - Deliveries and Performance F.1 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Commission Contract No. NRC-10-87 *

. 4934 Boiling Brook Parkway Rockville, Maryland 20852 F.2 Duration of Contract Period The ordering period for this contract shall commence on the effective date reflected in block 3 of the SF 26 and will expire twenty four months thereafter. Any orders issued during this period shall be completed within the time specified on the order, unless, otherwise specified herein. (See 52.216 Ordering (APR1984).)

F.3 - FAR Citations 52.212-1 TIME OF DELIVERY. (APR1984)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE.

ITEM NO. QUANTITY WITHIN DAYS AFTER ISSUANCE OF DELIVERY ORDER All All 30 Days The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

RS.ADM-86-380- ,

Page 8 OFFER 0R'S PROPOSED DELIVERY SCHEDULE QUANTITY WITHIN DAYS ITEM NO.

AFTER ISSUANCE OF D_ELIVERY ORDER (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract.

The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding five days for delivery of the award through the ordinary mails. If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

(R 7-104.92(b) 1974 APR)

(R 1-1.316-5 (R 1-1.316-4(c )

Section G . Contract Administration Data G.1 Project Officer Authority

a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:

Name:

Address:

Telephone Number:

b. The Project Officer is responsible for:

(1) Placing Delivery' Orders for items required under this contract.

(2) Monitoring Contractor performance and recocinending to the ,

Contracting Officer changes in requirements.

(3) Inspecting and accepting products / services provided under the contract.

RS-ADM-86-380 Page 9 (4) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommencations for approval, disapproval, or suspension.

c. The Project Officer is not authorized to make changes to the express

' terms and conditions of this contract.

To be incorporated into any resultant contract.

G.2 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 (original and 4

, copies) to:

U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTt!: 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 terms of the contract.

(c) If the supplies are rejected for failure to conform 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 tnrough the Treasury Financial Communications Systems shall be considered 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.

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

U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555.

l

)'

RS-ADM-86-380 Page 10-To constitute a proper invoice, the invoice must include the following information and/or attached documentation: .

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

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

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

(4) Shipping and payment terms. :

.(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

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

G.4 Interest on Overdue Payments t

(a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the t payment of interest to contractors on overdue payments and t

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.

4 (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.

Section H - Special Contract Requirements H.1 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-4 current or planned interest (financial, contractual, organizational, or

' otherwise) which relate to the work under this contract, and (2) does

.! not obtain an unfair competitive advantage over other parties by virtue-of its performance of this contract.

1 4

u,. . . . _ . - - . . . - - - , , - , . . _ - . . . - . ,. _ . - _ . , ._.--,.-a. --.--, __ ,-- --.m---_.-_L. - --

_.~ _ _ . _ . _

RS-ADM-86-380

Page 11 (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor ~ as - defined in 41 CFR

. 620-1.5402(f) in the activities covered by this clause.

(c) Work for Others. Notwithstanding any other provision of. this contract, during the tenn of this contract, the Contractor agrees ~ to forgo entering into consulting or other contractual _ arrangements with any fim or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure 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 4 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 organizational conflicts of interest, as defined in 41

CFR20-1.5402(a). ,

(2) The Contractor . agrees that if after award it discovers i organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the l Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to j avoid or mitigate such conflicts. The NRC may, however, terminate

{ the contract for convenience if it deems such termination to be in i the best interests of the Government.

(e) Access to and use of infomation.

i i

(1) If the Contractor in the performance of this' contract obtains i

access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act

of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to

l (1) Use such information for any private purpose until the

information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the

! completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on I such information until one year after -the release of such infomation to the public, or l

i i

. . , - , ~ . - . . . ,m. _.,e. , , . . . - . - . , . . , . , . . , . . . . _ . . _ . . . - - - - - . _ . - - - , _ - - . _ - _ . , m._. ~ - - - -_ . _ .

< l 1

.- RS-ADM-86-380 )

1- Page 12 .

~

(iv)- release the information without prior written approval by the -Contracting Officer unless~ such information has previously been released to the public by the.NRC.

(2) :In addition, the - Contractor agrees - that to the extent it 7

receives or is given access :to proprietary data, data protected by

, the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the infomation.

(3) The Contractor shall have, subject to patent and security ,

provisions of this contract, the right . to use technical data it 4 produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided - in '41 CFR 20-1.5402(h), the

' Contractor shall include this clause, including .this paragraph, in subcontracts of any tier. The tems " contract," " Contractor," and

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

(g) Remedies. For breach of any of the above prescriptions or for i intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract er for such erroneous representations as necessarily imply bad ~ faith, the Government may teminate the contract for default,- disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract.

, (h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in

$20-1.5411.

H.2 Method of Payment l a. Payment under this contract will be 'made by wire -transfer through the Treasury Financial Comunications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

b. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System. - the. Contractor shall forward the following information in writing to the Contracting officer within seven days Mter the effective date of the contract.

(1) Name and address of organization (2) Contact person and telephone number

f. (3) Name and address of financial institution 4

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RS-ADM-86-360 Page 13 (4) Contractor's financial institution's 9-digit ABA identifying _

number for routing transfer of funds (5)-Telegraphic abbreviation of Contractor.'s financial institution (6) Account number at Contractor's financial institution .

(7) Signature and title of person supplying this information - ,

c. In the event the Contractor's financial institution does 'not have access to the Federal Reserve Communications Systems,.the Contractor shall forward the following information with- regard to 'a correspondent or alternate financial institution. The information -

shall be in writing ano submitted to the Contracting Officer.within

seven days after the effective date of the contract.

(1) Name and address of organization (2) Contact person and telephone number (3) Name and address of financial' institution (4) Telegraphic abbreviation of contractor's financial institution (5) Account number at contractor's financial institution (6) Name and address of the correspondent financial institution that has access to the Federal Reserve Communications System (7) Correspondent financial institution 9-digit.ABA identifying

number for routing transfer of funds (8) Telegraphic abbreviation of correspondent financial _ institution 4

(9) Signature and title of person supplying this information.

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d. Any changes to the information furnished under 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 H.4 Commercial Warranty 4

Notwithstanding the provisions of the " Inspection" clause of this contract, the contractor agrees that the items delivered under this contract shall be covered by the same warranties as the contractor customarily offers in connection with the sale of these items on the

! commercial market. In the event that differing warranties covering these items are customarily offered to other purchasers by the l contractor, it is agreed that such warranties shall - apply . to this

contract as are available to the contractor's most favored purchaser.

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RS-ADM-86-380

Page 14 In addition to any other obligations imposed upon the contractor under any such warranties, and regardless of whether a similar right is customarily offered' to other purchasers, the contractor shall, if so required by the Government within a reasonable time after the giving of notice of defect in accordance with such warranties, correct or replace the defective or nonconforming item with all possible speed at the contractor's cost, including shipping costs, not exceeding usual charges, frons the delivery point to the contractor's plant and return.

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RS-ADM-86-380 Page 15 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.216-18 ORDERING. (APR 1984)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of this contract through its expiration.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered " issued" when the Government deposits. the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule.

(End of clause)

(R 7-1101 1968 JUN) 52.216-21 REQUIREMENTS. (APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-0rder Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated cJiivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that perioo shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

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^

f Government's rights and . obligations with respect to that order to the same -

extent as if the order were completen during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under-this contract thirty days after the expiration date of this contract.

(Endofclause) 1 (R 7-1102.2(b) 1966 0CT) 52.233-3 PROTEST AFTER AWARD (JUN 1985)

(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called . for by this contract. The order shall be specifically identitied as a stop-work- order issued under this .

clause. Upon receipt of the order, the Contractor shall inmediately 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.

Upon receipt of the final decision in the protest, the' Contracting Officer shall either--

(1) Cancel the stop-work order; or (2) Teminate the work covered by the order as provided in the Default, or the Termir.ation for Convenience of the Government, clause of - this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule -

or contract price, or both, and the contract shall be modified, in writing,-

accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contract'ug Officer decides the facts justify the action, the Contracting Officer may receive '

and act upon the request at any time before final payment . under this

- contract.

l (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer

shall allow reasonable costs resulting from the stop-work order in arriving at-the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

' (e) The Government's rights to terminate this contract at any time are not '

affected by action taken under this clause.

(EndofClause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)

This contract incorporates the following clauses by reference, with the same j force and effect as if they were given in full text. Upon request, the

! Contracting Officer will make their full text available.

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RS-ADM-86-380 Page 17 I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE. (JUL 1985) 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

Section F 52.212-15 GOVERNMENT DELAY OF WORK. (APR1984) 52.247-34 F.0.B. DESTINATION. (APR 1984)

Section I 52.202-1 DEFINITIONS. (APR 1984)

- 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR1984) 52.203-5 C0VENANT AGAINST CONTINGENT FEES. (APR 1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.210-5 NEW MATERIAL. (APR 1984) 52.210-7 USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND F0RMER GOVERNMENT SURPLUS PROPERTY. (APR 1984) 52.214-26 AUDIT--SEALED BIDDING. (APR 1985) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN 1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR1984) 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT. (APR 1964) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.225-3 BUY AMERICAN ACT--SUPPLIES. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1964) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.227-3 PATENT INDEMNITY. (APR 1984) 52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 1984) 52.232-1 PAYMENTS. (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (JUL 1985) 52.232-11 EXTRAS. (APR 1984) 52.232-17 INTEREST. (APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) 52.233-1 DISPUTES. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984) 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE.

(APR1984) r ,-- - _ . - - . - - - -- ,_m. . , - -

RS-ADM-86-380 Page 18

' PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.220-1

! (a) This acquisition is not a set aside for ~ 1 abor surplus area (LSA) concerns. However, t,he 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 determine 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 i

subcontractors) amount to more than 50 percent of the contract price.

7 (b). Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concern. If the offeror is awarded a

' contract as an LSA concern and would not have otherwise qualified for award, the '

l

! offeror shall perfom the contract or cause the -contract to be perfomed in i

accordance with the obligations of an LSA concern.

1 (Endofclause) i (R 7-2003.131978 JUN)

! 52.233-3 PROTEST AFTER AWARD (JUN 1985)--Alternate I (JUN 1985) l (a) Upon receipt of a notice of protest -(as defined in 33.101 of the FAR) the Contracting Officer nay, . by written order to the. Contractor, direct the i

Contractor to stop perfomance of the work called for by this contract. The j

order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall innediately comply with l its terms and take all reasonable steps to minimize the incurrence of costs i; allocable to the work covered by the order during the period of work stoppage.

}

Upon receipt of the final decision in the protest, the Contracting Officer shall i either--

l (1)Cancelthestop-workorder;or I

(2) Teminate the work covered by the order as provided in the l Termination clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contracter shall resume work. The Contracting Officer shall inake an equitable adjustment in the delivery schedule, l the estimated cost, the fee, or a combination thereof, and in any other terms of i

the contract that may be affected, and the contract shall be modified, in-1 writing, accordingly, if--

j (1) The stop-work order results in an increase in the time required for.

l or in the Contractor's cost properly allocable to, the performance of -any part of this contract; and (2) The Contractor requests an 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 request at any time before final payment under this contract.

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.- + RS-ADM-86-380 1 Page 19 (c) If a stop-work order is not canceled and the work covered by the order '

is tenninated for the convenience of the Government, the Contracting Officer

< shall allow reasonable costs resulting from the stop-work order in arriving at ,

the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not

- affected by action taken under this clause.

(EndofClause)

CONTRACTOR REPRESENTATION (APR 84 FIRMR) l Unless the Contractor expressly states otherwise in the Contractor's proposal, where functional requirements are expressly stated as part of the

- requirements of this solicitation, the Contractor, by responding, represents

that in i ts opinion the system / item proposed is capable of meeting those However, once the system / item is acccpted by the Government, requirements.

Contractor responsibility under this clause ceases. In the event . of any inconsistency between the detailed specification and the functional specification contained in the solicitation, the former will control.

(End of Clause) f A

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RS-ADM-86-380

Paga 20 PART III - LIST OF DOCUMENTS, EXHIB1TS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1 NRC Contractor Organizational. Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 4

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- _ _ . - _ . _ . , . - - . _ . . _ - . . . , - . . . - - + _ . . . , . _ . . . - . - - - . - . - _ . . - - - - - - - , -_ .. - - - , . . -

PART 20-1 -- GENERAL-

,Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.

20-1.5401 Scope and policy.

20-1.5402 Definitions. 1 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.

20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

20-1.5406 Evaluation, findings, and contract award.

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.

20-1.5411 Waiver.

- 20-1.5412 Remedies.

AUTHORITY: Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

4 (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is not possible to prescribe

! in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC i

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7590-01 I

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agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding

- conflicts of interest will be employed in such agreements, as appropriate. ,

4 520-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or Planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically -

sound, objective assistance and advice or may othemise result in a biased work product, or (2) may result in its being given an unfair

! competitive advantage.

' (b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

i s (c) '" Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

1 (d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or l administration of its programs, projects, or policies which normally j require the contractor to be given access to information which has not a

been made available to the public or proprietary information. Such i services typically include assistance in the preparation of program plans; artd preparation of preliminary designs, specifications, or statements of work.

(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).

I (f) " Contractor" means any person, fim, unincorporated association.

l joint venture, co-sponstor, partnership, corporation, affiliates thereof,

~

or their successors in interest, including their' chief executives,

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directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.

(g) " Affiliates" means business concerns which are affiliates of

' each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR $ 1-1.606-1(e)).

(h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.

(1) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel i (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to

! obtain a contract. '

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7590-01 1

l i (j) " Potential conflict of interest" means that a factual situation 4 exists that suggests (indicates) that an actual conflict of interest may j arise from award of a proposed contract. The term " potential conflict

, of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give t rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

. I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest l

I (a) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist: (1)Are

there conflicting roles which might bias a contractor's judgment.in i

relation to its work for the NRC? (2) May the contractor be given an l unfair competitive advantage based on the performance of the contract?

The ultimate determination by NRC as to whether organizational conflicts ,

of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC

, personnel will pay particular attention to proposed contractual requirements l which call for the rendering of advice, consultation or evaluation

activities, or similar activities that lay direct groundwork for the j NRC's decisions on regulatory activities, future procurements, and l research programs.

(b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose 1

information concerning relationships which may give rise to organizational

conflicts of interest under the following circumstances:

i 1 (1) Where the offeror or contractor provides advice and recomendations to the NRC in a technical area in which it is also providing consulting.

l assistance in the same ares to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on 4

i the same or similar matter in which it is also providing assistance to

! any organization regulated by the NRC. .

j (iii) Where the offeror or contractor evaluates its own products or i services, or the products or services of another entity where the offeror i or contractor has been substantially involved in their development or j marketing.

(iv) Where the award of a contract would otherwise result in j placing the offeror or contractor in a conflicting role in which its

! judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.

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. 7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 5 20-1.5405-2 in the following circumstances:

(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.

(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to proprietary information of its' competitors.

(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.

t (c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.

The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically i well qualified. In response to the inquiry in the RFP, the XYZ Corp.

j advises that it is currently performing similar analyses for the reactor manufacturer, i .

Guidance. An NRC contract for that particular work normally would

! not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp, projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.

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. Guidance. An NRC contract normally could be awarded to the ABC )

- Corp. because no conflict of interest exists which would motivate bias !

with respect to the work. An appropriate clause would be included in

' the contract to preclude the ABC Corp. from subsequently contracting for l work during the performance of the NRC contract with the private sector

which could create a conflict. For example, ABC Corp. would be precluded i

from the performance of similar work for the company developing the j advanced reactor mentioned in the example. j (3). Example. As a result of operating problems in a certain type l I

of comercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that l company is the only one with whom NRC can contract which can develop and i

conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any MRC decisions that might result from the data produced because those decisions affect the i reactor's design and thus the company's costs.

l Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC. -

Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented

, and coordinated in accordance with the waiver provisions of this policy

< with particular attention to the establishment of protective mechanisms to guard against bias.

l.

I (4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of

developing standards that are important to the NRC program. The ABC Co.

i has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor

- component.

I Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information i has been reported to NRC. Information which is reported to NRC by contractors 4

will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to- the contractor for the performance of contract '

work, it shall not be used in the contractor's private activities unless

, such information is generally available to others. Further, the contract i will stipulate that the contractor will inform the NRC contracting i officer of all situations in which the information developed under the contract is proposed to be used.

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7590-01 i- ,

(5) Example. The ABC Corp., in response to a RFP proposes to

! assemble a map showing certain seismological features of the Appalachian c fold belt. In accordance with the representation in the RFP and l 520-1.5403(b)(1)(i), ABC Corp. infoms the NRC that it is presently doing seismological studies for several utilities in the Eastern United-States but none of the sites are within the geographic area contemplated by the NRC study.

1 i Guidance. The' contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role j where its judgment might-be biased. The work for others clause of I20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could create a conflict of interest.

1 (d) Other considerations. (1) The fact that the NRC can-identify

, and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to a detemination of the existence of such conflicts prior to the award of ;

i a contract.

'(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.

l 520-1.5404 Representation 1

! (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which

may constitute organizational conflicts of interest with respect to a l

particular offeror or contractor.

) (b) Representation procedure. The following organizational conflicts of interest representation provision shall be included in all

', solicitations and unsolicited proposals for: (1) Evaluation services or !

activities; (2) technical consulting and management support services; i

(3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would 4

be included in tne resulting contract. This representation requirement shall also apply to all modifications for additional effort under the i

contract except those issued under the " changes" clause. Where, however,

a statement of the type required by the organizational conflicts of '

t interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement

! shall be required.

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7590-01

, ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1).

(c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that organizational (1)Imposeappropriate conflicts exist, the conditions which avoid such conflicts (ii following actions may)be taken: disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411.

(2) The refusal to provide the representation required by 520-1.5404(b) or upon request of the contracting officer the facts required by $20-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest i may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified i from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

t (d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required worA and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.

l (e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.

f 5 20-1.5405 Contract clauses i 20-1.5405-1 General contract clause i

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7590-01 ,

All contracts of the types set forth in i20-1.5404(b) shall include the following clauses: l (a) Purpose.

The primary (purpose of this clause is to aid in1) Is not placed in ensuring that the contractor:

because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) -

does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR I 20-1.5402(f) in the actitities 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 forego 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 perfomed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by 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 organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.

This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, teminate the contract for convenience if it deems such termination to be in the best interests of the government.

(e) Access to and use of information. (1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has ,

not been released to the public, the contractor agrees not to: (1)Use '

such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based I

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7590-01 on such information for a period of six (6) months after either the completion of this contract or the release of such infonnation to the public, whichever is first, (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 information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.

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

(f) Subcontracts. Except as provided in 41 CFR 520-1.5402(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 proscriptions 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 terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in120-1.5411.

I20-1.5405-2 Special contract provisions.

(a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with $20-1.5411, neutralized through the use of an appropriate special contract provision. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions 1,nclude but are not limited to:

.g.

7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use.

(b) The following additional contract clause may be included as section (i) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.

(i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perfo'rm any technical consulting or management support services work or evaluttien activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.

(2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall.not apply.

(3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.

5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 120-1.5404(b) and other relevant information. After evaluating this information against the criteria of 120-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that conflicts of interest exist, then the contracting officer shall eitner:

(a) Disqualify the offeror from. award.

- ', 7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.

520-1.5407 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordt 'ce with 520-1.5411, neutralize the effects of the identified conflict.

, 520-1.5408 (Reserved) l $20-1.5409 (Reserved) r 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with 520-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with s20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection, i

520-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting

officer with the advice and concurrence of the program office director l and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he i determines that it is in the best interest of the United States to do so.

Such action shall be strictly limited to those situat ons in which:

d (1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval documents shall be placed in the Public Document Room.

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520-1. 5412 Remedies i.

In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any

intentional misrepresentation or intentional nondisclosure of any ;

relevant interest required to be provided for this section, the NRC' may debar the contractor from subsequent NRC contracts.

Dated at Washinaton. D.C this 27th day of March 1979.

For the Nuclear Regulatory Commission cd.uud\J. Chilk Samuel (G & '

Secretary of the Comission i

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d l 8ILLING INSTRUCTIONS FOR FIXED PRICE 1 COMINAU5 AM i

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f General. The contractor shall submit vouchers or invoices as prescribed herwin.

Form. Claims shall be submitted on the payee's letterhead, invoice or on Myernment's Standard Form 1034 "Public Voucher for Purchases and i 4

Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Order Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 701 North Capitol Street, i Washington, DC 20801.

Number of Copies and Mailing Address. An original and six copies shall be submitted to NRC offices identified below.

Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in

, performance of the contract unless otherwis~e specified in the contract.

Preparation and Itemiration of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be 3

initialized. It must include the following:

(a) Payor's name and address. (i) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Consnission, Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U.S.

Nuclear Regulatory Commission ATTN: E. L. Halman, Director, i Division of Contracts, Washington'. DC 20555. (iii) The original copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer.

(b) Voucher number.

l (c) Date of voucher.

-l (d) Contract number and date.

I (e) Payee's name and address. (Show the name of the contractor and

its correct address, except when an assienment has been made by the contractor or a different payes has been designated, then f

insert the name and address of the payee.)

(f) Description of articles or services, quantity, unit price, and total amount.

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V g t (g) Weight and zone of shipment, if shipped by parcel post.

(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.

(1) Instructions to consignee to notify Contacting Officer of receipt t of shipment. '

(j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency nonna11y used by the contractor in maintaining his accounting records and payments will be made in that cur ency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in

, the contract.

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