ML20215G223

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Contract: Microcomputer Software, Awarded to Technology Svcs,Inc
ML20215G223
Person / Time
Issue date: 09/30/1986
From: Hogan T
NRC OFFICE OF ADMINISTRATION (ADM), TECHNOLOGY SERVICES, INC.
To:
Shared Package
ML20215G222 List:
References
CON-FIN-D-1356, CON-NRC-33-86-293 NUDOCS 8610200248
Download: ML20215G223 (22)
v • d • e


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. AWA'RD/ CONTRACT

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2. CONT R AC Y (Proc Jnst identA N O.
3. E f F ECilvE DAT E e.REQU 5ITION/ PURCHASE REQUEST / PROJECT NO.

NRC-33-86-293 September 30, 1986

5. ISSUED BY l
6. ADMINISTERED BY (t/ other then Atem #1 l

U.S. Nuclear Regulatory Commission Division of Contracts, AR 2223 Washington, D.C.

20555

7. N AME AND ADDfd E55 Of CON T H ACT OR (No, stree t, rety, coun tt, State and /JP Codr J
8. DELIVE R Y Technology Services, Inc.

Destination FOB ORIGIN X OTHE R (see irtoa,

14130-B Sullyfield Circle Chantilly, Virginia 22021 S. oiSCOUNT FOa PRouPv PAvuENT Net /30 days 10 SUBM6T INVOICES llTEM (4 copics unless other-war specirsed) TO THE CODE F ACILITY CODE ADDRESS SHOW*4 IN '

II. 5H8P TO/M ARK FOR

12. PAYMENT WILL BE MADE BY CODE U.S. NRC, ORM, Division of Ac659f t.ing & Finens GOV /COM Accounts Section Washington, D.C.

20555

13. AUTHORIT V F OR U5tNG O1HE R THAN F ULL AND OPEN COMPE TI-
14. ACCOUNT ING AND APPROPRI ATION DAT A

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B&R 80-20-26-02 ~ FIN No. D1356

[-] 4i u S C 25mcu i

APPN 31X0200.806 AMOUNT $50,000 io u.S C 230.ucu i

15A. ITEM NO ISB SUPPLIES / SERVICES 15C OUANTITY 15D. UNIT 15E. UNIT PRICE ISF AMOUNT The Government hereby accepts your bid on IFB No.

RS-0RM-86-293 dated September 29, 1986 for microcomputer software.

15G. TOTAL AMOUNT OF CONTRACT > $ 362,000.00

16. TABLE OF CONTENTS V) lSEC l DE SCRIPTION lPAGE(S)

V) lSEC l DESCRIPTION lPAGE(S)

PART I - THE SCHEDULE PART il - CONTR ACT CLAUSES A

SOLICITATION / CONTRACT CORM l 1 l CONTR ACT CLAUSES l

B SUPPLIES OR SERVICES AND PRICES / COSTS PART 111 - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATT ACH.

C DESCRIPT(ON/ SPECS / WORK STATEME NT lJ l LIST OF ATTACHMENTS l

D PACK AGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS E

INSPECTION AND ACCEPTANCE K

R E P R E SE NTATIONS, CE RTIF ICATIONS AND F

DELIVERIES OR PERFORMANCE OTHER STATEMENT 9 OF OFFERORS G

CONTRACT ADMINISTR ATION DATA L

INSTRS. CONDS., AND NOTICES TO OF F E RORS H

SPECI AL CONTR ACT REQUIRE MENTS M

EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABLE h CONT RACTOR'S NEGOTIAT ED AGREEMENT (Contractor is re-18.

AWARD (Contractor is not re uired to this document.) Your 17.

copies to assuires offser i of for on Soletetatnon Number kutred to sign this document and return ontractor agrees to f urnish and det,ver all stems or perf orm all the serveces set mcluding the additions or changes made by you which additions or changes futh or otherwise scentified above and on any continuation sheets for the are set forth an f ull above, es hereby accooted as to the stems lested above and c nsideration stated hereen. The rights and obleGations of the partees to this on any continuation s*eets. Thes award consummates the contract which con-contract shall be subiect to and governed by the f ollowmg documents: (a) this sosts of the f ollowing documents: ta) the Government's solicitatson and your tw%rd/ contract, (b) the solecitation, if any, and (c) such provisions. representa-of fer. and (b) this award / contract, tvu f urther contractual document es neces-toons, certifications, and specif ecations, as are attached or incorporated b)

sary, nf;rence herem. (A trochments are lasted herran.)

19A. NAME AND TIT LE OF SIGNE R (73pc or prmit 20A. NAME OF CONTR ACTING OF FICER 8610200248 860930 Timoth aga ; Contra ting Officer PDR CONTR NRC-33-86-293 PDR 198. N As v.

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NSN 7540-01 152 8069 26 107 dyy PREVIOUS EDITION UNU$ADLE re

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Contract No.'NRC-33-86-293~

Page 2 1.

Section F.2, Duration of Contract _ Period. The contract shall become effective September 30, 1986 and shall continue through September 29, 1987.

2.

Section'G.1, Project Officer. The name, mail code, office address and telephone number of the Project Officer designated for this requirement is as follows:

Michael MacWilliams Mail Stop P-622 U.S. Nuclear Regulatory Commission Office of Resource Management Washington, D.C.

20555 Area Code (301) 492-8143 3.

Section G.5, Contract Ceiling and Obligation. Subparagraph A, third line, insert 5362,000.00.

Subparagraph B, second line, insert $50,000.00.

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SOLICITATION, OFFER AND AWARD

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4. MOLL)ds sIsould 6ther1uitted as indicated in

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3. 455UL O ELY COOC A

i es U.S. Nuclear Regulatory Commissior, Block 7, however, handcarried bids (this includt Division of Contracts express mail and all comercial delivery service Washington, D.C.

20555 must be delivered to the address in Block 9.

ea s.aied end soi.c.ui.oai of rer ame offero, mean c.e.ne o dder-NOTr :

SOLICITATION Room Y2f3, M, don.es o,,,,,,ces eAthe Seneduie w.li tr ecce'ved at the ptse One (I) coo.e,

, nigh on g Semied o'sers en or g. net and tgomery venue

,,,J0:00 g,m, 9/29/86 nandcarr.ed. in ine eeoos io,y socaied.n Bethesda, Maryland 20814 CAUTION - LATE Sutenrn.ons. Mod f. cations, and Withdrawa's See Section L. Provis on No. 52.21 A2 or $2 215 lo A'l offers em sutaect to att eerms anc s.a.t.cris contained en this soi.citat.on.

8. T ELLPMONL NO. (Jare=se **ea comes (fwo COLLICT CA LL5s gpgp

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Barbara Meehan (301) 492-4733 CALL:

11.T ABLE OF CONTENTS Wil SEC. l DESCRIPTION lPAGEtSi Wil$EC. l DESCRIPTION lPAGE tSt PART es - CONTR ACT CLAUSES PART e ~THE SCHCOULE X

A SOLICIT ATION/CONTR ACT F ORM l

Xl 1 l CONTR ACT CL AUSES l 15 B

SUPPLIES OR SE RVICES AND PRICES / COSTS 2

PART see - LesT Or OoCvMcNTs. CMHtBITS AND OTHE R ATT ACH.

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DESCRIPTsON/ SPECS / WORK STATEMENT 3

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~J l LIST OF ATT ACHMENTS l ]9 y

X D

PACKAGING AND MARKING 4

PAaT sv - REPRESENT ATIONS AND INSTRUCTIONS X

E INSPECTION AND ACCEPTANCE 4

REPRESENT ATIONS. CERTIFICATIONS AND 20 x

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DE LIVE RIES OR PL RFORMANCE 6

OTHER STATEMENTS OF OFFERORS y

G CONTR ACT ADMINISTRATION DATA 8

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INST RS.. CONDS.. AND NOTICES T O OF F E RORS 27 y

H SPECI AL CONTRACT REQUIREMlNTS 11 y

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EVALUATION F ACTORS FOR AWARD 29 y

OF F E R (6tuit be fully completed by offerori NOTE: Item 12 does not sooty if the sol. citation inciudes the provnions et $2.2td 16. Men. mum 8.d Acceptance Period.

bb CalenoBr cays (do calende' 4878 esRIeed a diffe'eaI this of tef is accepted withen

12. lFI Compliance with the above. the undersagned agrees,if renad hja.erved 6, eAe etterors from the osie for rece.ot of of fers spee f.ed atme, to furnish eny or att items upon wh.ch pr ces are cue sie each item.oet..eved at the oesignated po.nttil..iin.n the i.me soecit.ed en ene seNaduie.

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13. DISCOUNT FOR PROMPT PAYMENT W y

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14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO DATE AMENDMENT NO.

DATE (The efferor ethno.*eedtes recetat of emend-y q jy q jy ements to the SOLICITA TION for e(feror, and selefed deemments num6esed and defed'

16. N Au t ANo 161LL OF PE RSON AU1 Mokt2LD 10 SIGN COOC l l F ActLaTV l OFFca < Tree eranaes BS A. N AMC AND Technology Services, Inc.

Stephen D. Worthington

,oO,ts3 Or 14130-B Sullyfield Circle Government Bids Manager OFrcaOa Chantilly, Virginia 22021 ts. Or F L A DA T L 3

ic t.61 u n t 3 3u. T L LL5 MONL ho. asars.e ***

15C CHECK IF REMITT ANCE ADDRESS 9/29/86

    • W3-631-1,177 r7 is otF FERENT FROM ABOVE. ENTER m

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LXJ SUCH AODAESS IN SCHE DUL E AWARD (To be completed by Gossmmeltt)

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39. ACCLPILD Ab 1011LMS NUMBE RED
20. AMOUNT 2 8. ACCOdNi tNG AND APPROP A6 ATION I
22. Av1MORtY Y F OR USING OTHER TH AN FULL AND OPEN COwPC 10-P 23 SUBMIT INvotC,ES TO ADORESS SHOWN inh

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1. CONT R ACT ID CODE PAGE OF S AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT 3

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2. AME NDME NT /MODIF tC AllON NO.
3. E F F ECT eve D A1 E
4. R EQul5sT ION /puR CHASE R E Q NO.
6. PROJECT NO. (traaphreber One (1) 9/15/86 ORM 293
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7. ADMiNiSTE RED ev (it orner rnan frem es l

U.S. Nuclear Regulatory Commission Same as block 6 Division of Contracts Washington, D.C.

20555

e. N AME AND ADDR ESS OF CONT R ACT O R (No.. street, county, S tate and Zlf Code)

(g) 9A. AMENDMENT OF SOLICIT ATsON NO.

x RS-0RM-86-293 ALL 0FFER0RS

,e. DAT ED,sz A irsu 2 2, 8/29/86 10 A. MODIF IC ATION OF CONT R ACT/O st s NO.

106. D AT LD (SLE LTEN 23)

CODE l FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS x 7 n,,,,,,,,,,,,,o,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,34, 7n,,,,,,,,,,,,,,,c,,,,,,,,,,c,;,,,, Offors is entenoed, is not -

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Ctfors snust acknowledge remipt of this emendygigt tg hour and cate specified in tSe solicitetson or as amended, by cce of the foliowing (al By comp 6eting items B and 15. end returning coo es of tne amendment: (b) By acknowiecinc receict of tnis amendment on each copy o' tN en submitted; or (c) By separate letter or telegram wn.cn includes e reference te tne soi citation and amendment numbers FAILURE OF YOUR ACs'NOAEU MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY R IN REJECTION OF YOUR OFFER. If by virtue of this amendment you cesire to change en offe'stready submitted,such change may be made t?y se*Grev letter,proveoed each telegram or 6etter makes reference to the solicitation and tnis amendment, and is receimd prior to the opening hou* and oate spec'feec.

12. ACCOUNTING AND APPROPRI AT TON DAT A (Jf required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTR ACT/ ORDER NO. AS DESCRIBED IN ITEM 14.

A. TMs5 CHANGE ORDER 15 ISSUED PURSUANT TO: (Specify aurnorityf THE CHANGE 5 $ET FORTH IN LTEM 14 ARE M ADE IN T HE COr.-

g TR ACT ORDER NO. IN ITEM 10A, 8.THE ABOVE NUMBERED CONTR ACT/ ORDER t5 MODIFIED TO REFLECT THE ADMINISTR ATtvE CHANGES (such as champaa in peyms oG'.

appropriation date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(D).

C. TH15 $UPPLEMENT AL AGREEMENT 15 ENT ERED INTO PUR$U ANT TO AUTMohiT v OF a D. OT HER (Specsty type of modifseanon and autnorsty)

E. IMPORTANT: Contractor is not, is recuired to sign this document and return Copies to the issuing offa

14. DESCRaPT ION OF AMENDMENT /MODIF aCATION (Organued by UCT seenon headmas, anc4= dan, achcitstronicontract autuect matter ankere fesser.)

The above soliciation is amended as follows:

1 Page 3, Paragraph C.3, Updates, is deleted in its entirety.

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EBCeDt as Dr0vloed herein, all terms anc Conditions of the dcCument referenced 6n item 9A o' 10 A, as heretofore Changed, remains unchanted and in full fort Kno ettect.

I 16A. N AME AND TITLE OF CONT R ACTING OF F 4CER iType orprtat>

1S A. N AME AND T IT LE OF StGhrER or prin (h

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Part 1 - The Schedule I

Section B - Supplies or Services and Prices / Costs B.I Brief Description of Work The Contractor shall provide software to the U.S. Nuclear Regulatory Commission (NRC) as specified in Section C - Description /

Specifications / Work Statement.

MAXIMUM 1.

Lotus 1-2-3, Release 2 (minimum - 50 ea.)

250 EA 5 200.00 574 7;n nn Ashton-Tate dBase III PLUS (minimum - 50 ea.)

250 EA 5 375.00 So, 7;n nn 2.

3 9,200.00 1

192.00 3

Decision Resources ChartMaster (minimum - 5 ea, ) 100 EA Decision Resources Signmaster (minimum - 5 ea.:

100 EA S 126.00

$12. Ann no 4.

5.

Persoft SMARTERM 400 (minimum - 20 ea.)

200 EA S

80.00

$1 A - nno.nn 6.

Microstuf CROSSTALK XVI (minimum - 50 ea.)

250 EA S

89.00

$?? osn no 50RCIM/IUS SuperProject Plus (minimum - 5:ea.)

100 EA 5 265.00 S'c ;nn on 7;

IBM BASIC Compiler (minimum - 5 ea.)

50 EA $ 313.00

$15 A;n on 8.

220.00

$11,000.00 IBM FORTRAN Compiler (minimum - 5 ea.)

50 EA 5

9.

10.

IBM Displaywrite 3 (minimum - 50 ea.)

250 EA 5 232.00 S;c nnn nn 50 EA 5 246.00 St ' 'nn no 11.

IBM DisplayComm (minimum - 5.ea.)

5, A 9 nnn nn TOTAL NOTE: This is an indefinite quantity contract Tne total estimated quantities of the items identified in each individual line item can not be determined at this time. The parties agree that the total quantities to be ordered under this contract can be any combination of the items identified in the Schedule and that the Government is obligated to order up to the stated ninimum only.

Further, when ordered by the Government, the contractor is required to deliver un to the stated maximum

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RS-ORM-86-293

. Page 3 p.

Section-B -Supplies or Services and Prices / Costs B.2 Remittance Addrass If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below, Technolorv Services. Inc.

hame:

Address:

P.O. Box 15769 Baltimore, MD 21263 Section C - Description / Specifications / Work Statement C.1 Statement of Work The Contractor 'shall furnish microcomputer software if and wher.

requested by the, NRC Project Officer through delivery orders issued pursuant to this c,ontract.

All sof tware shall be the latest release and shall run under PC-DOS -2.1 Operating System.

C.2 Warranties As a minimum, the Contractor shall provide the Government with all warranties which manufacturers offer to the end user.

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C.3 Updates

-Deleted-per Amendment One(l)

The Contractor shall supply the Government with such updates as released by the manufacturer except in the event that updates are only available to the user. No separate charge will be paid to the Contractor by NRC.

C.4 Orderino Any items to be furnished under this contract shall be ordered by the issuance of delivery orders.

Delivery orders will be issued by the U.S. Nuclear Regulatory Commission, Washington, D.C. and will be signed by the Project Officer designated in Section G.1 of this contract.

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- Section D -- Packaging and Marking - - - - --

D.1 Packagina and Marking The Contractor shall use standard commercial packaging for all items to be delivered.

On the front of the package, the Contractor shall clearly identify' the contract number under which the product is being provided.

D.2 Packino Slip All deliveries under this contract must be accompanied by a packing slip which shall contain the following: Name of contractor, contract number, delivery order number, date of order, itemized list of items furnished, unit and total price and date of delivery or shipment.

Section E - Inspection and Acceptance E.1 FAR Citations 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE.

(JUL1985)

(a) Definition.

" Supplies," as used in this clause, includes but is not limited to raw materials ~, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor 'shall provide and maintain an inspection system acceptable to the GovernmP,nt covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements.

As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the cnntract work. The right of review, whether exercised or not, does not relieve the Contractor of the oblications under the contract.

(c) The Government has the right to inspect and test all supplies called for

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by the contract, to the extent practicable, at all places and times, includinc the period of manufacture, and in any event before acceptance.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

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RS-ORM-86-293 i

Pag 2 5

-(d) If the Government performs inspection or test on the premises of the

~ ~ ~ CoTntractor or 'a' subcontractor, the Contractor shall furnish, and shall require

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subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient perfomance of these duties.

Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies.

Supplies are nonconfoming when they are defective in material or workmanship or are otherwise not in confomity with contract requirements. The Government may reject nonconfoming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly af ter notice, by and at the expense of the Contractor.

The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) teminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction.

Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the perfomance of Government quality the Government, the Contractor shall assurance at source, and if requested by(i) when Contractor inspection or tests furnish advance notification of the time will be perfomed in accordance with the tems and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government request shall specify~ the period and method of the advance notification and the Government representative to whom it shall be furnished.

Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after

delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

RS-ORM-86-293 Page 6 g-.

t_..___.

... _. _. _ _.-(k) Inspections and. tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requireme.nts discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mista,kes amounting to fraud, or as otherwise provided in the contract.

(1). If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to.reouire the Contractor (1) at no increase in contract price, to correct _or replace the defective or nonconfoming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may reovire a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconfomance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or repla cement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant.

If the Contractor fails to perfom or act as required in (1) or (2) above and does not cure such failure

-within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government tnereby.

(End of clause)

E.2 Inspection and Acceptance The sof twa re shall be inspected at destination to insure strict compliance with the contract specifications.

If the software does not comply, they will be returned to the contractor without cost to the

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Government. The contractor shall pay shipping charges for the return of all unsatisfactory scftware.

Section F - Deliveries and Perfomance F.1 Place of Delivery The Contractor shall delivery the items specified on the individual delivery orders and in the quantities specified, to any or all of the following locations, as specified on the order, at no additional cost to the Government:

Headquarters:

tiichael L. MacWilliams U.S. Nuclear Regulatory Comission Mail Stop P-622 Washington, D.C.

20555 l

L 5

RS-0RM-86-293 Page 7 Region 1:

Anthony T. Gody

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U.S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia 19406 Region II:

Jeff Lankford U.S. Nuclear Regulatory Commission 101 Marietta Street Atlanta, Georgia 30323 Region III:

Marie Stahulak U.S. Nuclear Regulatory-Commission 799 Roosevelt Road Glen Ellyn,-Illinois 60137 Region IV:

Connie Dollar U.S. Nuclear Regulatory Commission Parkway Central Plaza Building 611 Ryan Plaza Drive Arlington, Texas 76011 Region V:

Ed Frigillana U.S. Nuclear Regulatory Commission 1450 Maria Lane Walnut Creek, California 94596 Note: Partial deliveries will be accepted.

F.2 Duration of Contract Period The performance of work described herein shall commence as of the a-effective date of this contract and shall expire 12 months thereafter.

F.3

_ Time of Delivery (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 i

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RS-ORM-86 293

, Page 8

...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 a pply.

OFFER 0R'S PROPOSED DELIVERY SCHEDULE ITEM fi0.

QUAfiTITY WITHIN DAYS AFTER ISSUANCE OF DELIVERY ORDER

....... M _..._.__

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

The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or reouest any action which results in or coulo result in an increase in contract Cost; or terminate, settle any claim or dispute arisina under the contract, or issue any unilateral airective whatever.

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I RS-0RM-86-293 Page 9

)

The Project Officer is responsible for:

(1) monitoring the Contractor's technical

progress, including surveilla'nce and of perf omance, and 'recomending to the Contracting assessment Officer change.s in requirements; (2) interpreting the scope of work; (3) perfoming technical evaluation as required; (4) perfoming technical inspections and acceptances reovired by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during perf omance.

Within.the purvies.of this authority, the Project Officer is authorized to review all cests recuested for reimbursement by Contractors and submit re:omendations for

approval, disapproval, or suspension for supplies / services required under the contract.

The Contracting Officer' is responsible for. directing or negotiating any changes in terms',' conditions, or amounts cited in the contract..

For guidance from the Project Officer to the Contractor to be valid, it must:

(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change conditions or specifications incorporated to the expressed tems, into this contract; (3) not constitute a basis for an extension to the period of perfomance or contract celivery schedule; and, as

' stated above, (4) not constitute. A basis,fo.r.any increase,.in.,the contract cost.

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,, Telephone Number:

To be incorporated into any resultant contract G.2 Pa vnen 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:

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

20555 or (2) The date the supplies are accepted by the Government.

(b) For the purpose of determining the due date for payment and fer no other purpose, acceptance will be deemed to occur 30 calendar days af ter the date of delivery of these supplies in accordante with the terms of the contract.

I RS-0RM-86-293 Page 10 i

(c) If the supplies'are' rejected for failure to confom to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph (b) of this clause will apply to the new delivery of replacement supplies.

(d).The date of payment by wire transfer through the Treasury Financial Communications Systems shall be considered the date payment is mace

.for indivioual payrents exceedinc 525,000.

The date a check is issued shall be considered the date psyment is mace for indivici.

payments of 525,000 or less.

G.3 Invoice Recuirements Invoices shall be submitted.in an original and A. copies'.to:

U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN:

GOV /COM Accounts Section Washington, D.C.

20555.

To.consti.tute. 2.poper invoice.the... invoice mu.st includ.e the following.

infomation and/oi attached documentation:

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,, q (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 tems.

(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 infomation as required by the 3-

.........,.,,...., conj;ra ct,,,,

G.4 ~

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

(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Ar.ong other censiderations, OMS Circular A-125 provides that:

o RS-0RM-86-293 Page 11 because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.

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

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

G.5 Contract Ceiling and Oblication A.

Contract Ceiling The total estimated amount of this contract (cost ceiling) for the delivery and acceptance of the products stipulated in Section B is B.

Contract Obligation 1.

Obligation Amount The amount presently obligated for issuance of orders under this contract is S This obligation amount may be unilaterally increased from time to time by the Contracting Officer by written notice to the contractor.

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 performance of the work unless and until the Contracting Officer shall increase the amount 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 resultant contract.

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 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

$20-1.5402(f) in the activities covered by this clause.

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RS-ORM-86-293 a.

- Page 12-(c)

Work for Others.

Notwithstanding any other provision of this

~- - -

contract,- during~ the term of this contract, the Contractor agrees' to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfortned 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 er.:ployee that any proposed consultant or other contractual arrangement with any firm or crganization r.sy involve a pctential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure af ter 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 20-1.5402(a).

(2)

The Contractor agrees that if after award it discovers organizational. conflicts.of.. interest w.ith. respect.t.o this contracta it shall make an irrnediate and full disclosure in writing to the Contracting Off,icer.

This statement shall include a description of

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

(e) Access to and use of infomation.

(1)

If the Contractor in the perfomance of this contract obtains access to infomation, such as NR' plans,

policies, reports, studies, financial plans, internal dai.e protected by.the Privacy Act of 1974 (Pub. L. g3-579), or data which has not been released to the public, the Contractor agrees not to:

(i)

Use such infomation for any private puroese until the infoma.tioc. has..beeg releaped..to the public;.

(ii) compete for work for the Comission based on such information for a period of six (6) months after either the completion of this contract or the release of such information 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 infomation without prior written approval by the Contracting Officer unless such infomation has previously been released to the public by the NRC.

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RS-ORM-86-293

, Page 13

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receives or is given access to proprietary data, data protected by (2)

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

(3)

The Contracter shall have, subject to patent and. security provisions of this cc r.t ra c t, the right to use technical cata it produces under this contract for private purposes p.ovided that all requirements of this cor. tract have been ret.

(f)

Subcontracts.

Except as provided in il CFR 20-1.5402(h), the Contractor shall-intlude 'this clause, including this pa ra graph, in subc6ntracts of any ' tier.

The ~ terms " cont ra ct',"

" Cont'racto'r," a'n'd

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

(g)

Remedies.

For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may n. terminate ' the contract 'for ' default,Vdisqualify. -the Contractor from-

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subsequent contractual efforts, and pursue other remedies es may be permitted by law or this contract.

m 9.,e+Q%.wite y,(.vt.v. c.w..ewM;4:f..m.a.ev % ;r.:ip.ry.,,,. A.4-w p~ e:t.v.per..,.ww4.+ w,.m h)3~ Waiver. A request for waiver.under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations '(EDO) in 'accordance with the procedures outlined in

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's2021.5411.'

H.3 Method of Pavneni (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of 525,000 and by Treasury check for each individual payment of $25,000 or less.

(b) Within seven days af ter the effective date of the contract, the Contractor shalb forward. the fol. lowing ir. formation sin. writings te the.

Contracting Officer to facilitate wire transfer of contract payments.

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

In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.

1.

Name and address of organi:ation 2.

Contact person and telephone number 3.

Name and address of financial institution

t RS-ORM-86-293

-- - -- -- pa ge 3 g.

4.

Contractor's Financial institutions'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 if it receives electronic funds transfer messages through the Federal F.eserve Communications System 7.

L'ame and address of the correspondent finencial institutien if the Contractor's financial institution coes not receive electronic funds transfer messages through the Federal Reserve Com :unications System

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'8.

~Co~r'responderit 'fina'ncial ' institution 9-digit "ABA : identifying -

number for routing transfer of funds 9.

Telegraphic abbreviation of correspondent financial institution

10. Signature and title of person supplying this information (c) Any changes to the infomation furnished under paragraph (b) of this c1ause:shall be furnished to the Con'tracting.0fficer invwriting It

+

1s the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

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RS-ORM-86-293 1

Page 15 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52:216-18 ORDERING.

(APN1984)

(a) Any supplies and services to be furnished under this contract shall be crdered by issuance of deli very orders by the individuals or activities cesignatcd in the Schedule.

Such orcers may be issued f rom cf fectivc daic of this contract through twelve trenths thereaf ter.

(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. maile'd, a delivery orde.r. is fcons.idered " issued" whenEt'he. ' Government deposits the order in the mail.

Orders may be issued orally or by written telecomunications only if authorized in the Schedule.

(End of clause)

(R 7-1101 1968 JUN) 52.216-19 DELIVERY-ORDER LIMITATIONS.

(APR 1984)

~

(a) Minimum order.

When the Government requires.supp, lies.or, services

-c' overed by this contract 'in an 'am6u'nt"'of 'less than $500.00, the ~ Government 'is' not obligated to purchase, nor is' the Contractor obligated to furnish, these supplies or services under 'the contract.

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(1) Any oraer for a single item in excess of $20,000.00; (2) Any order,for a combination of items in excess of $100,000.00; or

....(3). A series of, orders from.. the.same. ordering offi.ce..within five.(5)

,..days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Recuirements clause at subsection 52.216-21 of the Federal Accuisition Regulation (FAR)), the Government is not required to order a part of any one recuirement from the Contractor if that requirement exceeds the maximum-order limitations in paracraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order. imitations in paragraph (b), unless that order (or orders) is rcturned to the orce ing office within five (5) cays af ter issuance, with written notice stating t!.

Contractor's intent not to ship the item (or iter.s) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

(R 7-1102.1(a) 1965 AUG)

(R7-1102.2(a))

(R7-11C2.3(a))

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Page 16 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.

(APR 1984)

(a) This acquisition is not a set aside for labor surplus area (LSA) concerns.

However, the 'pfferor'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 detemine 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 er account of manufccturing or production (by the offeror or the first-tie" subcontractors) amount to nore than 50 percent of the contract price.

(b)' Failure to identify the locations as specified above will ' preclude consideration of the offeror as an LSA concern.

If the offeror is awarded a contract as an LSA concern' and would not have otherwise qualified for award, the offeror shall' perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of clause)

(R 7-2003.13 1978 JUN)

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~52.233-3' (a) Upon receipt of a' notice of protest (as defined in 33.101 of.the FAR)

W: M % M thetontfattTmj eOffideF'inhP,5 byWtten 4ftfeF tB %4"t'ottMittW; divecFe'd-M

  • Contractor to stop performance of the work called for by this contract.

The order shall be specifically identified as ' a stop-work order. issued under this

.cl aus e.

Upon rece.ipt..of.the order, the. Contractor shall..immediately comply with.

.its tems 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) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. Tne Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the centract 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; orovided, that if the Contracting Officer decides the facts justify the acuen, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

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RS-ORM-86-293 P eU

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(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 adjustrnent or otherwise, reasonable costs resulting from the stop-work order.

(e) The Goverrrent's rights to ter.mir,cte this cor,trcc: at any t irne a re r,c af fected by action taken unter this clause.

-(Er.d of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

(APR 1984)

Thi.s lont'ract incorporates'the following clauses by< reference, with the same force and effect as if they were given in full text.

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.,246-16, RESPONSIBILITY.FORSUP. PLIES..(APR19.84),

Section F w r.p.ew.we.e5M4N34*Wt0$? DES,7 MAT 70R.* TAPM98)' "'*'NM '*D Section I 52.202-i DEFINITIONS.

(APE 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.

(APR1954) 52.203-3 GRATUITIES.

(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.

(APR 1954) 52.210-5 NEW PATERI AL.

(APR1984) 52.234-26 AUDIT--SEALED BIDDING.

(APR 1985) 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--

MODIFICATIONS--SEALED BIDDING.

( APR 1985) 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MDDIFICATIONS--SEALED BIDDING.

(APR 19E5) 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING.

(JAN 1955) 52.215-1 EXAMINATION OF RECORDS EY COMPTROLLER GENEPAL.

(APR 1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.

(APR1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.

(APR 1984) 52.222-3 CONVICT LABOR.

(APR 1984) 52.222-26 EQUAL OPPORTUNITY.

(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISASLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1954) 52.223-2 CLEAN AIR AND WATER.

(APR1984) 52.225-3 EUY AMERICAN ACT--SUPPLIES.

(APR 1954) 52.229-3 FEDEPAL, STATE, AND LOCAL TAXES ( APE 1984) 52.232-1 PAYMENTS.

(APR1984) 52.232-8 DISCOUNTS FOR PROMri PAYMENT.

(JUL 1985)

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RS-ORM-86-293 --

pge3g g

l 52.232-11 ~ EXTRAS.

(APR 1984) 52.232-17 INTEREST.

(APR1984) 52.232-23 ASSIGNMENT OF CLAIMS.

(JAN1986) 52.233-1 DISPUTES.

(APR1984) 52.243-1 CHANGES.-FIXED-PRICE.

(APR1984) 52.244-5 COMPETITION IN SUBCONTRACTING.

(APR1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRIC

( APR 1984) 52.249-F DEFAULT (FIXED-PRICE SUPPLY AND SERVICE).

(APR 19S4) 52.249-14 EXCUSABLE DELAYS.

( Ar r, 19E.4 )

52.216-22 INDEFINITE QUANTITY.

(APR 1984)

(a) This,is an ' indefinite-q'uanti.tf contract.for th'e. supplies -or services

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specified,'and ' effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and df ordered, the supplies or services specified in the Schedule up to and including the amount designated in the Schedule as the

" maximum."

The Government shall order at least the quantity pf._suppiies or.

t ser' vices'desionated in'the'5chedu'le 'as the'" minimum."

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(c)

Except for any limitations on quantities in the Delive ry-Order Limitations clause or in the Schedule', there is no limit on the number.of qtdery mw..wth+t wasy..be ei ssued WTheisove rnme%f" 1s sW WeeM

  • WqTtfffig' "Yel'iW r? *t o*#

multiple destinations or performance at multiple locations.

(d) Any order issued during the effective. period of. this contract and not completed within that' period shall be completed by the Contractor within the time spscified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's' effective period; orovided, that the Contractor shall not be recuired to make any deliveries under IM s contact af ter............*............ [ insert da te).

(End of clause)

(R 7-1102.3(b) 1965 AUG)

  • 30 days af ter contract expiratien date.

RS-0RM-86-293

  • - Pace 15 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of At,tachments Attachnent tiurber Title I

f;RC Contractor Organizational Cor.flicts of Interest (41 CFR Part 20) t.

v. m s.

i..

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