ML20234C987
| ML20234C987 | |
| Person / Time | |
|---|---|
| Issue date: | 09/17/1987 |
| From: | Rivera R, Thompson R NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), PDI TECHNOLOGY, INC. |
| To: | |
| Shared Package | |
| ML20234C960 | List: |
| References | |
| CON-FIN-D-2043, CON-NRC-04-87-376, CON-NRC-4-87-376 NUDOCS 8709210479 | |
| Download: ML20234C987 (20) | |
Text
. _ _ _ _ _ _ _ _ _ . _ . .. _ _ _ _ _ . _ _ . _ _ _ _ _ _ _ _
e b'
"#"" #^ UF "^9ES
- 1. THIS CONTRACT IS A RATED ORDER AWARD / CONTRACT ' UNDER OPAS (15 CFR 350) l 20 '
l
- 2. CON T R AC T (Proc. Inst. Iden t.) NO. 3. EFF ECTIVE DAT E 4. REQUISITION / PURCHASE REQUEST / PROJECT NO.
NRC-04-87-376 9/30/87
- 5. ISSUED DY 6. ADMINISTERED BY (If other than item 6) l l
U.S. Nuclear Regulatory Commission ,
j Division of Contracts i Washington, DC 20555 i
- 7. NAME AND ADOREFS OF CONTR ACTOR (No., street, cary, county, State and Zlf Code) 8. DELt VERY j l
PDI Technology, Inc. ROB ORIGIN OTHER (Sce below) I 246 Viking Avenue 9. DISCOUNT FOR PROMPT PAYMENT Brea, CA 92621 q l
- 10. SUBMIT INVOICES l (4 copies unless other~ ll TEM k wise spectfled) TO THE See B3ocy 32 CODE FACILITY CODE 3 Z6 6 9 ADDRESS SHOWN IN: j 11, SHIP IO/M AR4 FOR 12, PAYMEN T W4LL DE MAOL BY See Section F.2 See Section G.3 J 11 AUTHORITY FOR USING OTHER THAN F ULL AND OPEN COMPETI- 14. ACCOUNTING AND APPROPRt AT lON DAT A 3&R No: 601902 Amount: $49,708.00 1
)
O o u.S.C 253tcu ) FIN No: 02C43 APPN: 31X0200.607 ]
O to u.S C 230ccu 15A. ITEM NO 150. SUPPLIES /SE R VICES 1SC. OU ANT 4 TY ISD. UNIT ISE. UNIT PRICE 15F. AMOUNT 1 The Contractor Shall perform resea rch entitled l " Nuclear Reactor Aging ProcessesS, Reactor j Safety' in accordance with the schedule and the '
Contractor's proposal dated March 3,1987, which
. is incorporated herein and made a part hereof.
8709210479 870917 ,
This a firm fixed price contract. PDR CONTR NRC-04-87-376 PDR 15G. TOTAL AMOUNT OF CONTRACT >l$ 49,708.00 1
- 16. TABLE OF CONTENTS !
V) lSEC. l DESCRIPTION lPAGE (S) V)lSECl DESCRIPTION lPAGE(S)
PART I -- T HE SCHCOULE PART 11 - CONT R ACT CLAUSES l X A SOUCITATION/ CONTRACT FORM l Xl I l CONTR ACT CLAUSES l 13 X 0 SUPPLIES OR SERVICES AND PRICES / COSTS 2 PART til- LIST OF DOCUMENTS, EXH10lTS AND OTHER ATTACH.
X C DESCRIPTION /SPECSfNOR K ST ATEME N T 2 XlJ l LIST OF ATTACHMENTS l l4 X D PACK AGING AND MARKING 2 PART IV - REPRESENTATIONS AND INST RUCTIONS E INSPECTION AND ACCEPTANCE 2 K REPRESENTATIONS, CERTIFICATIONS AND X
OTHER STATEMENT 9 OF OFFERORS )4 X F DELIVERIES OR PERFORMANCE 2 X G CONTRACT ADMINISTRATION DATA 3 X L INSTRS .CONDS., AND NOTICES TO OFFERORS 2 L)
X
)( H SPECI AL CON TR ACT REQUIREMENTS 8 M EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER Wii L COMPLETE ITEM 17 OR 18 AS APPLICABLE CONT R ACTOR'S NEGOTI ATED AGREEMENT (Contractor is re. la. AWARD (Contractor is not required to sign this de.cument.) Your 17.
quired to sign this document and return 3 copies to issuint office.) ofler on Solicitation Number .
Contrtctor agrees to furnish and deliver oli etems or pert arm all the services set 6ncluding the additions or chan9es rnade by you whsch eddeltons or changes forth or otherwise adentified above and on any continuation sheets for the are set forth in full above, is hereby accepted as to the items listed above and considerat6cn stated heresn. The veghts and obi:Gatsons of the partees to thes on any continualson sheels. This award consummates the Contract whtCh cona contract shall be subsect to and governed by the f olloweng documents: 81) this sists of the f ollowing documents: ta) the Government's sol 6c6tatlon and your cwird/ contract, (b) the solicitation, if any, and (c) such provessons, repu senta- of f er, and (b) thes award / contract, esu f urther contractual document is neces*
tions, certifications, a*d specifications, as are attached or encorpohi*td by sa r y ,
estkrince heresn. (A ttschmen ts are insted hereen.)
19A, NAME AND T ITLE OF SIGNER (Type or print) 20A. N AME OF CONT R ACitNG OF FICER ,
7.4/7tRAd PRESIDENT A ld D. Thompson 7 CC 4 RA 'O R 19C. OATE SIGNEO STATE Off E RIC A 20C, OATE S4GNED 19 fl. N A /OO. UNIT BY _
re
_ M_ I
'BY Od/
(Sn npu%ontm 'thur)
(Si ipers) n authorsned to sign) g]ggpy}$ l NSN 754o Mr-80ss 26107 f STANDARD FORM 26(REV. 4 85)
PAEvtOUS EDIT TON UNUSAOLE f agregdgy
^~ ~- - r-
E'" :. ._ .
,NRC-04-87-376
'I PAGE 2 Section B - Supplies or_ Services and Pric'es/ Costs 1 B.1 Brief Description of Work' The contractor shall conduct research entitled " Aging Processes in Nuclear Reactors" B.2 . Total Fixed Price. . . . . . . . . . . . . . . . . . $49,708.00.
Section C -' Description / Specifications / Work Statement 1
l C.1 Statement of Work ]
The work.t'o be performed and the objectives' to be met in this contract 'shall be
~ in accordance with the contractor's technical proposal in response to the FY 3 1987 Small Business Innovation Research Program (SBIR) which is incorporated.as i attached l(Attachment 4).
Section D - Packaging and Marking- -l D.1 The contractor shall use standard commercial. ' packaging .for all--items I to be delivered. On the front of the. package, the contractor.shal1L .]
clearly identify the contract number under which the product is being:
j 1
provided, Section E - Inspection and Acceptance E.1 FAR Citations
> The contractor shall refer to Section I, Clause No. 52.252-2 for ')
citations incorporated by reference.
Section F - Deliveries and Performance 1
F.1 Reports, Documentation and Other Deliverable End Items q
- e. Letter progress reports in three copies to the Project Officer j and one copy to the Contracting Officer shall be due' by <
November 30, 1987 and January 30, 1988.
1
- b. A final report to include the results of the work performed _
under this contract shall be submitted to the project officer in one ca.cra ready copy and three copies on March 30, 1988. In i addition, one copy of the final report shall be submitted to the Contracting Officer on March 30, 1988. j
(
t m y
NRC-04-87-376 PAGE 3 F.2 Place of Delivery i'
The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:
- 1. Copies to Project Officer:
U.S. Nuclear Regulatory Commission ATTN: Gunter. Arndt Office of Nuclear Regulatory Research Division of Engineering Technology i Mail Stop: .NL-007 Washington, DC 20555 i
- 2. Copies to Contracting Officer: l l
U.S. Nuclear' Regulatory Commission ATTN: Contracting Officer Division of Contracts Mail Stop: AR 2223 Washington, DC 20555 F.3 Duration of Contract Period This contract shall become effective on September 30, 1987 as- j specified in Block 3 of the SF26, and shall continue to completion thereof, on March 30, 1988, i i F.4 FAR Citations !
N i The contractor shall refer to Section I, Clause No. 52.252-2.for .l citations incorporated by reference. 1 Section G - Contract Administration Data l
G.1 Technical Direction l 1
A. Performance of the work under this contract shall be subject to '
the technical direction of the NRC Project Officer named in Section G.2 of this contract. The term " Technical Direction" is defined to include the following:
- 1. Technical direction to the Contractor which shifts work emphasis between area:; of work or tasks, requires pursuit I of certain lines of inquiry, fills in details or otherwise l
serves to accomplish the contractual scope of work.
- 2. Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work description. 3 l l
- l. 3. Review and where required by the contract, approval of4 j l technical reports, drawings, specifications and technical' .j l
information to be delivered by the Contractor to the -l l Government under the contract. I i
l
.t
- g. j NRC-04-87-376
- PAGE 4
~
B. Technical direction must,be within the general scope of workT h stated in the contract. .The Project Officer'does not'have the ,
~
authority to and may not issue any technical ~ direction which: 1
- 1. Constitutes 'an assignment of additional' work outside the !
general scope of the contract. t i
O
- 2. Constitutes a change as defined in the clause of the- j General Provisions, entitled " Changes." i 3; In any way causes an increase'or decrease in the total' ,
estimated contract cost, the fixed fee, .if: any. or: the time- ]
required for contract performance.- q
- 4. Changes any.of the expressed terms, conditions or ')
specifications;of the: contract.- j C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THEL
~
j PROJECT OFFICER OR SHALL BE CONFIRMED BY-SUCH PERSONcIN WRITING; j WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. (A copy.of' ]
said written direction shall be submitted to,the Contracting; 4 Officer. ,{
The Contractor shall proceed promptly with the' performance ofI technical directions _ duly issued _ by ,the Project Officer .in,the! ! q manner. prescribed by this article and within'such person's1 g authority under the provisions .of.this article.
j q
If, in the opinion of the Contractor, any. instruction;;or 1 8 direction issued by the Project Officer is.within one of thel :
categories as defined in B(1) through (4) 'above,L the Contractor ;
shall not proceed but shall notify the ~ Contracting Officer;in -
writing within five '(5) working" days 'after the receipt' of any ;
such instruction or direction and shall . request the ~ Contracting i Officer to ' modify the contract accordingly. .'UponJreceiving such .)
notification from'the _ Contractor, the Contracting:0ffider shall- D issue an appropriate contract modification or.. advise the , i Contractor in writing that,. in the Contracting Officer's 1 opinion, the technical' direction is within the scope of this article and does not constitute a' change ~under the. Changes Clause.
D. Any unauthorized commitment or direction issued by the: Project' Officer may result.in an unnecessary delay in the Contractor's -
performance, and may even result'in the Contractorfexpending -
funds for unallowable costs under the. contract.-
.. ?
E. 'A. failure of the parties to agree upon the nature'of the:
instruction or ~ direction or upon the contract action to be taken! l with resnect thereto shall be subject to'the: provisions:of; thel '
contract clause entitled " Disputes." '
1 q
, j q
L i l i
f
- x.
)'
l
' i m s,, '
JNRC-04-87-376 'I
-PAGE-5 .
G.2 Project Officer j A. The individual (s) listed in "B".'below is (are) hereby designated es the- Contracting Officer's authorized representative -
(hereinafter called Project Officer) for technical aspects of <
this contract. The Project Officer is not authorized to approve-
> or request' any action which results in or could result in can 1 increase in contract cost; or terminate,-settle any claim or I L ~ dispute arising under the contract,-or issue any unilateral directive whatever.
The Project Officer 'is -responsible for: (1) monito ing the Contractor's technical progress, including surveillance and ,
assessment of performance, and recommending to the Contracting. )
l Officer changes in requirements; (2) interpreting the scope of i l work; (3). performing. technical evaluation'as aequired;'(4).
performing: technical inspections and acceptances required by.'
this contract; and (5) assisting the Contractor in the' resolution of technical problems. encountered during' performance. '
Within the purview of, this' authority, the = Project: 0fficeris: i authorized to review all- costs: requested'for: reimbursement.byc Contractors and' submit recommendations for' approval, . ..
disapproval, or. suspension for supplies / services required under the contract. The Contracting Officer is responsible fori '
directing or negotiating any changes in terms, conditions, ori -c 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 lof; work or change -to the expressed terms, . conditions orf
- specifications incorporated into'this contract;:(3) not; !'
constitute a blsis forLan extension to the period of. performance or contract delivery schedule;.'and, as . stated above, (4) not constitute a basis for any. increase in' the ' contract' cost.
B. Name and Mail Code: Gunter Arndt Office Address: U.S. Nuclear Regulatory. Commission.
Office of NuclearcRegulatory Research Mail Stop NL-007 Washington,'DC 20555 (301) 443-7893 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 Administration and Resources Management i, ATTN: GOV /COM Accounts Section l ' '
Washington, D.C. 20555.
- - .mmm.m.m_.-_
'l
.c ,
NRC-04-87-376~ l PAGE 6 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. i (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.
l{
(4) Shipping and payment terms. j 1
(5) Name (where practicable), title, phone number, and complete j mailing address o.f responsible official to whom payment is to be j sent.
(6) Other substantiating documentation or information as required by ~j the contract.
G.4 Payment- .j (a) Payment shall be made in the smount of $16,569.33 to the contractor within 30 days af ter receipt of each of the two letter progress reports as required in Section F.1.a. Payment shall not be mcde prior to receipt of said progress reports. !
(b) Final payment shall be made in the amount of $16,569.33 to the ]
contractor within 30 days after receipt of the final report as y n required in Section F.1.b. J (c) All contractor invoices shall identify the contract number and the monthly letter progress report for which payment is claimed. I i
(d) If this contract provides for a discount, the contract.shall 'j indicate the contract's discount terms-(Block 9 of' Standard Form .j
- 25) on the face page of the invoice. l 1
G.5 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 :)i 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- delaye'd q because of a disagreement over the amount of payment..or-l other issues concerning compliance with the terms of the contract.
- 7 y
+
w ,
'7l. :k"
. NRC-04-87-376L
.PAGE'7 s (2). Whenever a proper invoice is paid after the'due'date plus ,
15 days, interest will be' included with the payment at the .:
interest rate applicable.on the payment date. ' Interest .
will.-be computed from the day after the due date through' the payment date.
G.6 Method of Payment' ,
j (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for.each- ji '
indiv.idual ' payment in excess of $25,000 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 shall forward the following. information!inL writing to - q the Contracting Officer.to ' facilitate wire transfer of contract '
payments. In the event that the Contractor's financial ~. I j institution has access to the Federal Reserve Communications .
-j
! System, Contractor shall. complete all items except items 71- 9.~
1 In the. event the Contractor's financial institution does'not have access to the Federal Reserve Communications System, Contractor shall complete:alliitems except item 4.
j 1. Name and address of organization
- 2. Contact person and telephone number
- 3. Name and address-of financial institution..
1.
p
- 4. Financial institutions's 9-digit ABA identifying number for routing transfer of funds
.5. Telegraphic abbreviation of financial institution
- 6. Account number et your financial institution your financiali
! institution receives electronic funds transfer messages-l through, if it does not have access to theLFederal Reserve Communications System
- 7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does' not have access to the Federal Reserve Communications System 1
-i
- 8. Correspondent financial institution 9-digit _ ABA identifying .j number for routing transfer of funds
- 9. Telegraphic abbreviation of. correspondent financial-institution
- 10. Signature and title of person supplying this;information
'(c) 'Any chang (s to thefinformation furnished under paragraph (b) of this clause shall be furnished to the? Contracting.0fficer in' p; ,
l writing. . It is:the Contractor's responsibility to furnish these-
'l ; changes promptly;to avoid payments to erroneous bank accounts. .
w s
,\ r a -.: .
l ' -- . - _ _ _ . . _ _ _ . _ _ - - - - _ - _ . . .
1
'NRC-04-87-376 i PAGE 8 Section ti - Special Contract Requirements ]
l H.1 Key Personnel - ;
(a) The following individuals are considered to be essential to the successful performance of the work hereunder. j l
Dr. D. G. Swanson, Principal Investigator The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) l
.and (c) here f. j (b) If one or more of the key personnel for whatever reason becomes, i or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence ,
of the Contracting Officer or his authorized representative, promptly l replace such personnel with personnel of at least substantially equal {
ability and qualifications. j (c) All requests for approval of substitutions hereunder must i be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and other ;
information requested by the Contracting Officer or needed'by him to' '
approve or disapprove the proposed substitution, The Contracting 8 Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.
(d) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated i by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the l contract price or fixed fee may be equitably adjusted downward to I compensate the Government for any resh f tant delay, ' loss or damage. l 1
fi. 2 Consultar.t or Other Comparable Employment Services of Contractor j Employees (OMB Clearance Number 3150-0112)
].
The Contractor shall require all employees who are employed full-time j fan individual who performs work L..Jer the cost-type contract on a <
i l
l l
- ,; > , o
. .e 3.
'NRC-04-87-376
'E -PAGE 9-W a
full-time annual basis)' or .part-time (50 percent' o'r more of regular 4
annual compensation' received under terms of a contract with the Commission)'on the' contract work to disclose to the Contractor all ' *l' consultant or. other comparable employment servicesiwhich the' _
employtes ~ proposed to undertake for-others. . The Contractor. shall transmit to the Contracting Officer all information'obtained.from'-
such disclosures. The Contractor will require any employee who will .
be employed full-time on.the contract to agree, as a' condition of his participation in such work, ~ that he will 'not perform consultant or }'
other comparable employment services for another Commission cost-type.
Contractor ~ under its contract with the Commission except with the ~
prior approval of the Contractor.
H.3 ~
Safety, Health, and Fire Protection l ,
.The -Contractor. shall take all reasonable precautions in 'the performance of the work under this contract to protect the health and' l
safety of employees ~and of- members of the public and to. minimize L danger from'all hazards-to life and property and shall comply with all health, safety, and tire protection regulations 'and' requirements (including reporting requirements) of the Commission and the Department of Labor. In.the event'that the Contractor fails to comply with said regulations or requirements, the Contra'cting Officer may, without prejudice to any other legal or contractual- rights ~ of-the Commission, issue 'an order stopping all: or any part of the work; thereafter, a start order for resumption of work.may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or'for- compensation or damages by; '
reason of or in connection with such work stoppage. .
4 '
I~
'H.4 Dissemination of Contract Information (OMB Clearance' Number 3150-0112)
The Contractor shall'not publish, permit to be published,-or.
disseminate to the public any information, oral or written,.
concerning the work performed under this contract viithbut the prior written consent of the Contracting Officer. Two-copies of any
information preposed to be published ~or' disseminated'shall be-submitted to the Contracting Officer. Failure.to comply with this clause shall be grounds for termination of'thi.s contract.
H.5 Private Use of Contract Information and-Data Except as otherwise specifically authorized by .Section H.',
publication of contract work of this~ contract, or as otherwise
~
approved by the Contracting Officer', information and other ' data developed or acquired by or furnished the Contract ar in the .
performance of this contract, shall be used onlyJin. connection with ,,
the' work under this contract.
q
,1
.q ij a
l 1 i ,
,,.1 s r- E. . . . .< ..
m 9:
NRC-04-87-376 M PAGE 10 o
H.6 Drawings, Designs', and Specifications y
All drawings, sketches; designs,-design data, specifications,. I notebooks, technical and scieatific data, and all' photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all; copies of the foregoing relating to the work or any part thereto, shall.be' subject-
~
to inspection by the Commission.at all reasonable 1 times _(for which inspection the proper facilities shall be afforded the. Commission by-the Contractor and its subcontractors); shall be the' property.of the-s
- Government and may be used by the Government for any purpose: , _
l whatsoever without any claim.on the part' of. the-Contractor and:its subcontractors and vendors for additional compensation and shall, j subject. to the right of the Contractor to retain a copy.of ~said -
~
material for its ownt use, be' delivered:tolthe Government, or otherwise disposed of by the Contractor either as the. Contracting _
Officer may from time to. time direct 'during the progres's of 'the' work :
or in any event 'as the Contracting Officer shall direct 'upon completion:or termination of this contract. -'The Contractor's right:
of retention and use shall .be-subject'to the security, patent, and v l
use of information provisions, if.any,'of this contract. l
.H.7 Proprietary Data and Confidential Information In connection with the performance -of the work under this contract, the Contractor may be furnished, or may develop or acquire, -
proprietary data (trade secrets) or confidential ort privileged. ,
technical, business, or financial information, including Commission q i
plans, policies, reports, financial- lans, internal data protected by 1 P the Privacy Act of 1974 (P.L.93-579 , or other cin' formation' which has 1 not been released to the public or has been determined by the l Commission to be otherwise exempt from disclosure to the;public. j l" Contractor agrees to hold such in. formation in confidence andinot .to! l directly or indirectly duplicate, disseminate, or. disclose. such information in whole or in part to any other. person or. organization;
~
except as may be necessary to perform the work _ under this contract.
Contractor agrees to return such information. to: the Commission or ' R otherwise dispose of it either as the Contractf ng.0fficer may from l time to time direct during the progress of the work or .in any event' <
as the Contracting Officer _shall direct upon completion'or .
termination of this contract. Failure to comply with this clause- ',
shall be grounds for termination of this contract.
H.8 Contractor Organizational Conflicts of Intereat (OMB Clearance; Number R
l 71TO-0112)
(a).' Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor: (1) is not placed on a-conflicting: _ 't role because of current or planned. interest (financial,s contractual,, ,
organizational, or otherwise) which relate :to= the workJunder this.
contract, and (2).does not obtain an unfair competitive advantage-over other parties bytvirtue of its performance of this. contract'.1 (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.activ.ities covered by this. clause, j
- l
,g
3
- j
,, j NRC-04-87-376 <
PAGE 11 l l
l (c) Work for Others. Notwithstanding any other prevision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with i any firm or organization, the result of which may give rise to a !
conflict of interest with respect to the work being performed under i 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 j of this clause. If the Contractor believes with respect to itself or j 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 j and belief and except as otherwise set forth in this contract, j it does not have any organizational conflicts of interest, as j defined in 41 CFR 20-1.5402(a). 2 i
{
(2) The Contractor agrees that if after award it discovers l organizational conflicts of interest with respect to this - l contract, it shall make an immediate and full disclosure in !
writing to the Contracting Officer. This statement shall include a description +of the action which the Contractor has taken or proposes to take to avoid or mitigate ~such conflicts.
i The NRC may, however, terniinate the contract for convenience if l
l
.it deems such termination to be in the best interests of the Government.
(e) Access to and use of information.
(1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial ~ plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(i) Use such information for any private purpose until the information has been released to the public; ;
1 (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year af ter the l release of such information to the public, or +
a l 4 '
L-NRC-04-87-376- ]I '
y 4 PAGE'12
~(iv)1 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 protect'ed:
by~the Privacy Act of 1974 (Pub. L.93-579), or_other ll 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 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and
" Contracting Officer," shall be appropriately modified ~ to preserve ' _
the Government's rights, o
(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 terminate the. contract for default, disqualify the.
4 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 Executiv'e' Director for Operations (ED0) in accordance with the procedures outlined in 520-1.5411.
L ,
j- ,% ,
1 9<
u x
o . . .
i
- t ?, ,
1 NRC-04-87-376 .
PAGE-13 PART II - CONTRACT CLAUSES l
Section I . Contract Clauses .
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR 1984):
This contract incorporates the following clauses by reference, with the ~ j same force and effect as if they were given in full' text. Upon request, the= )
Contracting Officer will make their full text available.-
i l
l I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES L
- l. ..Section E 52.246 INSPECTION OF. SERVICES--FIXED-PRICE. (APR1984).
Section F 52.212-13 STOP-WORK ORDER. (APR1984)
Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR1984) .
52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST- CONTINGENT FEES.
(APR 1984). . (APR 1984) 52.215-1 5XAMihATION OF-RECORDS BY COMPTROLLER GENERAL.- i 52.215-31 WA1VER OF FACILITIES CAPITAL COST'0F MONEY.- (APR 1 52.215-33 ORDER OF PRECEDENCE. (JAN 1986) i w 52.219-8 UTILIZATION OF SMALL-BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS-CONCERNS. '(JUN 1985).
52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. .(APR 1984). ;)
52.220-3 UTILIZATION OF LABOR. SURPLUS AREA CONCERNS. (APR-1984) ;
52.222-1 NOTICE TO THE GOVERNMENT-0F LABOR DISPUTES. .(APR-1984)
'52.222-3 CONVICT' LABOR. (APR 1984) r 52.222-26 EOUAL OPPORTUNITY. (APR1984) .
52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISAPLED AND VIETNAM.
ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS'(APR 1984)-
52.227-1 AUTHORIZATION AND CONSENT. (APR 1984)--Alternate I. (APR l' 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR'1984) 52.227 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM). d '
(APR 1984) .
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (.APR 1984) ,
52.229-5 TAXES--CONTRACTS PERFORMED IN U.$. POSSESSIONS OR PUERTO .
~'
RICO.-(APR 1984) 52.232-1 PAYMENTS. (APR 1984).- q 52.232-23 ASSIGNMENT OF CLAIMS. (JAN1986) .
52.243-1 CHANGES--FIXED-PRICE. (APR 1984)--Alternate 5..(APR 1984.)
52.246-25 LIMITATION OF. LIABILITY--SERVICES'. '(APR 1984) . f ;
52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS. (APR 1984)--
52.249 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT:
(FIXED-PRICE) (SHORT FORM). -(APR 1984);
52.249-8 DEFAULT (FIXED-PRICE SUPPLY.AND SERVICE). .(APR1984) 52.233 DISPUTES. (APR 1984)
L
_________-__-___z__.::_ --
.b '
i i,
NRC-04-87-376 ;
PAGE 14 1 l
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS j Section J - List of Attachments .
j Attachment Number Title l 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 NRC Manual Chapter 3202 3 Billing Instructions for Fixed Price Contracts l 4 Contractor's technical and cost proposal in response to the FY 1986 Small Business Innovation Research Prograin (SBIR) entitled " Aging Processes in Nuclear Reactors'"
PART IV - REPRESENTATI0fiS AND INSTRUCTIONS l
l Section K - Representations, Certifications and Other Statements of l l Offerors or Quoters <
l K.1 CONTRACTOR ORGAllIZATIONAL CONFLICTS OF INTEREST (OMB Clearance Number 3150-0112) ..
l l
I represent to the best of my knowledge and belief that:
.)
The award to of a contract p PDI TECHNOLOGY INC.
or the modification of an existing contract does / /. or does not / X
/ involve situations or relationship A ttachment , paragraph 20-1.5403(b)ps of the type set forth in If the representation as completed indicates that situations or relationships of the type set forth in Attachment 2 are involved er I
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' factors bearing on his representation to the Contracting Officer. If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
1 (a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or l- (c) determine that it is otherwise in the best interest of the l United States to seek award of the contract under the waiver l provisions of 5 20-1.5411. '
1
+
l i
LL-__-_---_____.--______--______
a
. ;f 5 . l
. NRC-04-87.-376 : I PAGE 15. !
,~ '
l The refusal to provide:the representation required by $20-1.5404(b) or upon request of- the Contracting Officer the facts required'by-520-1.5404(c), shall result = in disqualification of the ' offeror for..
~
] I award. The nondisclosure or misrepresentation of any relevant: .
j interest may also result in the' disqualification of the offeror for, )
awards; or if such nondisclosure or misrepresentation is discovered ;
after award; or 'if such nondisclosure for misrepresentation is discovered, after award, the resulting contract may be terminated. :
i The offeror may also be disqualified from' subsequent related NR_C '
. contracts and be subject to such other remedial actions provided by
~
law or the resulting contract. l K.2 CERTIFICATION.REGARDING DEBARMENT STATUS' The offeror hereby certifies by. submission of this offer that it and any -
l subcontractor (s) that will be performing under this contract is not a debarred 'l L person or firm. l i
p L K.3 FAR Provisions
! 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR1985) ]
(a) The offeror certifies that--
(1) The prices in this offer have been' arrived at independently, without, for the purpose of restricting competition, any consultation, -1 communication, or agreement with any other offeror or competitor relating to j (i) those prices, (ii) the intention to submit an offer, or (iii) the methods 1 or factors used to calculate the prices offered; i (2) The prices in this offer have not been and will not be knowingly I g disclosed by the offeror, directly or indirectly,' to any other offeror or.
competitor before'hid opening (in the case of a sealed bid solicitation) or.
contract awcrd (in the case of a negotiated solicitation) unless otherwise' l required by law; and (3) No uttempt has been made or will be made byL the offeror to induce any other concern to submit or not to submit an offer for the purpose. of restricting competition.
l (b) Each signature on the offer is considered to be a certification.by'the - o signatory that the signatory-- .
l (1) is the person.in the offeror's organization responsible for-l 6etennining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary .l to subparagraphs (a)(1) through (a)(:3) above; or '
.(2) (i) Has been authorized in writing, to act as agent for the.
following principals in certifying' that tnose principals have not '
and will not participate in any actinn contrary to subparagraphs (participated,a)(1) t (a)( 3) above RhVID. R . . Fd.hUmN . . . . . .VICE .E8ESJ.QENT. . . . . . . . . [ insert full name of person (s) in the offeror's organization responsible for determining the prices offered in this bid 'nr proposal, and the title of his or her position in '
the of feror's organization]. t l
p
- i. .
NRC-04-87-376 t PAGE 16
(
I f (ii) As an authorized agent, does certify that the principals I named in subdivision-(b)(2)(i) above have not participated, and will~not participate, in any actior, contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2)' above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
(R 7-2003.1 1975 0CT) l (R 1-1.317) 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT. (APR 1984)
(a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror-- .
Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.
(1) / / has, /x / has not employed or retained any person or company l to solicit or obtain this contract; and l (2)/ / has, /X / has not paid or agreed to pay to any person or l company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when a subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer--
(1) A completed Standard Form 119, Statement of Contingent or Other Fees,(SF119);or ,
(2) A signed statement indicating that the SF 119 was previously l submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.
(End of provision)
(R 7-2002.1 1974 APR) )
(R 1-1.505) 52.215-6 TYPE OF BUSINESS ORGANIZATION. (APR 1984)
The offeror or quoter, by checking the applicable box, represents that it operates as /X / a corporation incorporated under the laws of the State of
. . CALIE'0RN I A. . . . . . . . , / / an individual, / / a partnership, / /a nonprofit organization, or / / a joint venture.
(End of provision)
(fV SF 33 1977 MAR)
(R SF 19B, Para 4,1976 JUNE)
_________a_ _ - _ ._a__a-___ -
i ,
NRC-04-87-376 j PAGE 17 52.215-11 AUTHORIZED NEGOTIATORS. (APR 1984)
The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations:
Name Title Telephone Number l DAVID SWANSON VICE-PRESIDENT (714) 529-4791- l R.J. RIVERA PRESIDENT (714) 529-4791 (Endof rovision)
(R 3.-501(b Sec K (iv)) l l
52.215-20 PLACE OF PERFORMANCE. (APR 1984) 1 (a) The offeror or quoter, .in the performance of any contract resulting from this solicitation, / / intends, /x / does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation. '
(b) If the offeror or quoter checks " intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Name and Address of Owner Place of Performance (Street and Operator of the Plant or Address, City, County, State, Facility if Other than Offeror Zip Code) or Quoter
, (End of provision)
(R 3-501(b) Sec K (viii))
52.219-1 SMALL BUSINESS CONCERN REPRESENTATION. (APR 1984) q i
The offeror represents and certifies as part of its offer that it / X/ is, l
/ / is not a small business concern and that / X/ all, / / not all supplies to be furnished will be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. "Small business concern,"
as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding en Government contracts, and qualified as a small business under the size standards in this solicitation. ,
(Endofprovision)
(R 3-501(b)(3), Part IV, Section K, (i)(A) 1979 SEP)
I 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION. (APR 1984)
(a) Representation. The offeror represents that it / X / is, / / is not a small disadvantaged business concern.
l
)
NRC-04-87-376 PAGE 18 (b) Definitions.
" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.
" Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan.
" Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.
"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
"Smdll disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals and (2) has its management and daily business controlled by one or more such individuals.
(c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1.
(End of provision)
(R 7-2003.74 1980 AUG)
(R 3-501(b)(3), Part IV, Section K, (i)(B) 1980 AUG) 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION. (APR 1984)
(a) Representation. The offeror represents that it / / is, /X / is not a women-owned small business concern.
(b) Definitions.
"SmaTl business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
"Wcmen-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.
(End of provision)
(R FPR Temp. Reg 48 1978 DEC) 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES. (APR 1984)
(a) " Segregated facilities," as used in this pr6 vision, means any waiting I rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion,-or national origin because of habit, local custom, or otherwise.
)
l
I . lh NRC-04-87-376 PAGE 19 l
.(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it'does.not and will not.
permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a l breach of this certification is a violation of the Equal Opportunity _ clause in .j the contract. {
(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific. time periods)itwill--
(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor' will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and .
l (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
i NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the - !
Equal Opportunity clause. The. certification may be submitted either for each !
subcontract or for all subcontracts during a period (i.e. , quarterly, i semiannually, or annually). 1 NOTE: The : penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
(Endofprovision)
(R 7-2003.14(b)(1)(A) 1970 AUG) ,
(R1-12.803-10(d)) J 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (APR 1984)
The offeror represents that--
(a) It / '/ has, /x / has not participated in a previous' contract or subcontract subject either tn the Equal Opportunity clause of this 1 solicitation, the clause originally contained in Section 310 of Executive Order I ho. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b)It/X/has,/ / has not, filed all required compliance reports; and (c) Representations indicating submission of reouired compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)
(R 7-2003.14(b)(1)(B) 1973 APR)
~
O i
j
- NRC-04-87-376 PAGE 20 l
l 1
52.222-25 AFFIRiGTIVE ACTION COMPLIANCE. (APR 1984) l 1
The offeror represents that (a) it / / has developed and has on file, / j
/ has not developed and does not have on file, at each establishment, 5 affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it /x / has not previously ;
had contracts subject to the written affirmative action programs requirement of j the rules and regulations of the Secretary of Labor. l (Endofprovision) j (R 7-2003.14(b) 1979 SEP) -(
(R 1-12.805-4) '!
Section L - Instructions, Conditions, and Notices to Offerors or Quoters L.1 Solicitation Provisions 52.233-2 SERVICE OF PROTEST (JAN 1985)
Protests, as defined in section 33.101 of the Federal Acquisition >
Regulation, shall be served on the Contracting Officer by obtaining written end dated acknowledgement of receipt from the Division of Contracts; U.S. Nuclear Regulatory Commission; 4550 Montgomery Avenue; Suite 2223; Bethesda, Maryland 20814. ;
(End of Provision) I l
L.2 Nondiscrimination Because of Age (FAR 22.901)
It is the policy of the Executive Branch of the Government that (a)
Contractors and Subcontractors engaged in the performance of Federal l contracts shall not, in connection with the employment, advancement, I or discharge of employees or in connection with the terms, i f conditions, or privileges of their employment, discriminate against i persons because of their age except upon the basis of a bonafide !
occupational qualification, retirement plan, or statutory requirement, and (b) that Contractors and Subcontractors, or persons .
ecting on their behalf, shall not specify, in solicitations or l advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, retirement plan, or statutory requirement.
s l