ML20235R219
| ML20235R219 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/1987 |
| From: | Hagan T, Wrigley C NRC, QUANTEX CORP. |
| To: | |
| Shared Package | |
| ML20235R206 | List: |
| References | |
| CON-FIN-D-2031, CON-NRC-04-87-364, CON-NRC-4-87-364 NUDOCS 8710070832 | |
| Download: ML20235R219 (24) | |
Text
_ _.
Page 1 AWARD / CONTRACT OMB No. 0505-0005 Expiration Date: 05/31/88
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR-350)-
1.
RATING: N/A
- 2. CONTRACT NO.
- 3. EFFECTIVE DATE 4 REQUISITION / PROJECT NO.
NRC-04-87-364 RES-87-364 9/28/87
- 5. ISSUED BY Code:
- 6. ADMINISTERED BY Code:
(If other than Item 5)
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Division of Contracts Division of Contracts (AR-2223)
Mail Stop AR-2223 Contract Administration Branch Washington, DC 20555 Washington, DC 20555-
- 7. NAME AND ADDRESS OF. CONTRACTOR
- 8. DELIVERY QUANTEX CORPORATION
(
)
F08 ORIGIN 2 RESEARCH COURT
(
)
OTHER ROCKVILLE MARYLAND 20850 (See Section F)
- 9. DISCOUNT FOR PROMPT PAYMENT N/A Duns Code:
Facility Code:
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 12
- 11. SHIP T0/ MARK FOR
'12. PAYMENT WILL BE MADE BY
'l
)
Code: Ref. Section F U.S. Nuclear Regulatory Commission If applicable, Division of. Accounting and Finance see Section D GOV /COM Acounts Section of the Schedule Washington, DC 20555 Code:
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( )
(X) 41 U.S.C. 253(c) ( )
- 14. ACCOUNTING AND APPROPRIATION DATA B&R No. 601904 FIN No.
D-2031 Appropriation No.
31X0200.607 15A. ITEM 150. SUPPLIES /
ISC. QUANTITY ISD. UNIT 15E. UNIT 15F. AMOUNT NO.
SERVICES PRICE The required work shall be performed in accordance'to the contractor's SBIR Phase 11 proposal dated March 27, 1987, revised proposals dated 08/12/87, and 09/04/87, all of which are incorporated herein by reference.
s See Continuation Sheet 15G. TOTAL AMOUNT OF CONTRACT 5193,122.94 APPROVED BY GSA/0IRM 6/85 STANDARD FORM 26 (Rev. 4-85)
FAR(48 CFR) 53.214(a) 8710070832 870925 PDR CCM4TR NRC-04-87-364 PDR k________
PAGE 2-AWARD / CONTRACT 16.
TABLE OF CONTENTS PART/SECTION.
DESCRIPTION
-PART I - THE SCHEDULE A' SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA 3
H SPECIAL CONTRACT REQUIREMENTS j
PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS
)
K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFERORS CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.
(X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 3 signed copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference herein.
(Attachments are listed herein.)
- 18.. () AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number
, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your of fer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or print)
Timothy F. Hagan CHA2LCS Y,MIRWLEY, Vke T>c&lpd 198, NA 0 CON,T CTO
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208.
NITEIFSTATE i CA by iA fr&
l Att fY +$
y (Sign'ature of pe/rsdn aut ed to sign)
(SignatM6 of Co tractf Officer) 19C. DATE SIGNED
~
20C. DATE SI NED 9AT/P7 9d/CA EXCEPTION 40 STXNDARD FORM 26
/[
APPROVED BY GSA/0IRM 6/85
4 rnue s TABLE OF CONTENTS PAGE~
AWARD / CONTRACT....
1 TABLE OF CONTENTS...........
3 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS.
5 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987).....
5 0.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE 5
(MAR 1987)
SECTIONC-DESCRIPTION / SPECIFICATION.
/ WORK STATEMENT 6
C.]
STATEMENT OF WORK (MAR 1987).....
6 SECTION D - PACKAGING AND MARKING........
7 0.1 PACKAGING AND MARKING (MAR 1987)....
7 SECTION E - INSPECTION AND ACCEPTANCE.......
8 E.1 CLAUSES INCORPORATED BY REFERENCE.........
8 (FAR 52.252-2) (APR 1984)
SECTION F - DELIVERIES OR PERFORMANCE...
9 9
F.1 CLAUSES INCORPORATED BY REFERENCE,
(FAR 52.252-2) (APR 1984)
F.2 TIME OF DELIVERY (FAR 52.212-1) (APR 1984).
9 F.3 PLACE OF DELIVERY--REPORTS (MAR 1987) 10 F.4 DURATION OF CONTRACT PERIOD (MAR 1987).
11 F. 5 QUARTERLY / LETTER PROGRESS REPORT.
11 i
F.6 EVALUATION OF PHASE II EFFORTS AND REPORTING.
11 SECTION G - CONTRACT ADMINISTRATION DATA.
12 1
G.1 INDIRECT RATES (MAR 1987)...
12 G.2 PROJECT OFFICER AUTHORITY (MAR 1987).....
12 G.3 METHOD OF PAYMENT (MAR 1987)....
14 l
G.4 PAYMENT DUE DATE (. MAR 1987)........
15 G.5 INTEREST ON OVERDUE PAYMENTS (MAR 1987) 16 SECTION H - SPECIAL CONTRACT REQUIREMENTS...
17 H.1 KEY PERSONNEL (MAR 1987)..
17 H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) 18 H.3 DRAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987).
18 H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST 18 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED.
20 (MAR 1987)
PART II - CONTRACT CLAUSES.
21 SECTION I - CONTRACT CLAUSES...
21 l
1.1 CLAUSES INCORPORATED BY REFERENCE 21 1
(FAR 52.252-2) (APR 1984) 1.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) 22 l
1 I
]
i PAbt 4 1
TABLE OF COMTENTS PAGE PART III - LIST OF DOCUMENTS, EXilIBITS..
24 AND OTilER ATTACHMENTS SECTION J ~ LIST OF ATTACllMENTS..........
24 J.1 ATTACitMENTS (MAR 1987)...
24 I
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PAGE 5 NRC-04-87-364 Section 8 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)
The contractor shall demonstrate an operating prototype fiber optic dosimeter that is sensitive to the three species of radiations.
(End of Clause) 8.2 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (MAR 1987) a.
It is estimated that the total cost to the Government for full performance of this contract will be $193,122.94, of which the sum of $180,488.73 represents the estimated reimbursable costs, and of which S12,634.21 represents the fixed fee, b.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work, c.
The amount presently obligated by the Government with U
respect to this contract is$193,122.94.
(End of Clause)
pAGE 6 NRC-04-87-364 Section C SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)
The contractor shall provide the necessary personnel, materials, facilities, etc., for performance of the required work set forth in Section 8.1 above.
Specifically, the required work shall be performed in accordance with the seven (7) tasks listed below:
Task 1: Materials Preparation - Parametrically investigate the formulation to be used for X and Gamma rays and the formulation to be used for Beta particles for the influence of dopant concentrations, fluxes, heat treatment times and temperature.
Months 1-8.
Task 2:
Sample Fabrication - Prepare platelets from the ingots produced in Task 1.
Months 2-8.
Task 3:
Characterization - Characterize the materials produced in Tasks 1 and 2 above and feed back the information to Task I so as to optimize the materials preparation.
Months 1-9.
Task 4:
Fiber Optic System Optimization - Optimize the fiber optic system for platelets designed to detect X and Gamma radiation and those designed to detect Beta radiation.
Months 2-12.
Task 5:
Radiation and Volatility Testing - Determine the response of fiber optic dosimeter probes to X and Gamma radiation and to Beta particles.
Determine the volatility (retention property) of stored exposure information, radiation hardness, and the influence of temperature on volatility.
Months 3-12.
Task 6:
Equipment Development - Development prototype instrument and exercise instrument.
Months 6-32.
Task 7:
Evaluation of Phase II Efforts and Reporting - Evaluate Phase II efforts and report.
Month 12.
(End of Clause) i l
PAGE 7 NRC-04-87-364 Section 0 SECTION O - PACKAGING AND MARKING D.I PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and i
safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(End of Clause) l i
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PAGE 8 NRC-04-87-364 Section E SECTION E - INSPECTION AND ACCEPTANCE t
E.1 CLAUSES INCORPOR TED BY REFERENCE (FAR 52.252-2) (APR 1984)
This contract incorporates the following clauses by reference.
These clauses have 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 CLAUSE NUMBER DATE TITLE 52.246-5 APR 1984 INSPECTION OF SERVICES--
COST-REIMBURSEMENT
______._______m_
PAGE 9 NRC-04-87-364 Section F 4
1 SECTION F - DELIVERIES OR PERFORMANCE F.1' CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) ( APR 1984)
This contract incorporates the following clauses by reference.
These clauses have 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 CLAUSE NUMBER DATE TITLE None by reference 0
PAGE 10 NRC-04-87-364 Section F F. 2 PLACE OF DELIVERY--REPORTS (MAR 1987)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
Project Offic,er (1 copy) a.
U.S. Nuclear Regulatory Commission Contract Number: NRC-04-87-364 Office of Nuclear Regulatory Research Division of Regulatory Applications Mail Stop: NL-007 Washington, D.C.
20555 b.
Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-04-87-364 Division of Contracts Contract Administration Branch Mail Stop: AR-2223 Washington, D.C.
20555 (End of Clause)
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NRC-04-87-364 Section F F3 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on 9/28/87 and will expire on 9/27/88.
(End of Clause)
F.4 QUARTERLY / LETTER PROGRESS REPORT The contractor shall provide a quarterly / letter progress report to the Project Of ficer and the Contracting Officer.
The report is due within 15 calendar days af ter the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract pericd of performance, and the period covered by the report.
Each report shall include the following:
a.
A listing of the efforts completed during the period; milestones reached or, if missed, an explanation provided; b.
Any problems or delays encountered or anticipated and recommendations for resolution; (if the recommended resolution involves a-contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, the Contractor shall submit a separate letter to the Contracting Officer identifying the required change and estimated cost impact).
c.
A summary of progress to date; and d.
Plans for the next reporting period.
4 (End of Clause)
F.S EVALUATION OF PHASE II EFFORTS AND REPORTING The deliverable shall be provided in accordance with the contractor's proposal dated September 4, 1987.
Item Description Quantity Schedule 1
Materials Preparation 1
By May 31,1983 2
Sample Fabrication 1
By tiay 31, 1988 4
3 Characterization 1
By June 30, 1988 4
Fiber Optic I
By September 29, 1988 System Optimization 5
Radiation and 1
By September 29, 1988 Volatility Testing 6
Equipment Development 1
By. September 29, 1988 7
Evaluation of Phase 11 2
By September 29, 1988 Effort and Reporting
f PAGE 12 NRC-04-87-364 Section G l
J SECTION G - CONTRACT ADMINISTRATION DATA i
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i G.1 INDIRECT RATES (MAR 1987) l a.
Pending the establishment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:
CATEGORY RATE (%)
COST BASE APPLICABLE PERIOD Labor Overhead 140%
Direct Labor 9/30/87-9/29/88 Fringe Benefits N/A G&A N/A Materials 5%
Materials 9/30/87-9/29/88 Overhead
)
b.
The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor.
It is the Contractor's responsibility to notify the Contracting Of ficer in accordance with 52.232 Limitation of Cost or 52.232 Limitation of Funds,
as applicable, if such change (s) affect (s) performance of work within the established cost or funding limitations.
(End of Clause)
G.2 PROJECT OFFICER AUTHORITY (MAR 1987) a.
The Contracting Of ficer's authorized representative hereinaf ter referred to as the Project Of ficer for this contract is:
Name:
Donald Nellis Address: U.S. Nuclear Regulatory Commision Office of Nuclear Regulatory Research Division of Regulatory Applications
. Washington, D.C.
20555 Telephone Number: (301)443-7989
PAGE 13 i
NRC-04-87-364'
.Section G' I
b.
Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer.
The l
term " Technical Direction" is defined to include the following:
1)-
Technical direction to the Contractor which shifts
. ork emphasis between areas.of work or tasks, fills in details'or w
otherwise serves to accomplish the contractual statement of work.
2)
Providing advice and guidance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
3)-
Review and, where required by the contract, approval of technical reports, drawings, specifications and technical I
information to be delivered by the Contractor to the Government under the contract.
c.
Technical direction must be within the general statement of work stated in the contract. The Project Officer does not have the authority to and may not issue any techn~ical direction which:
1)- Constitutes an assignment of additional work outside the general scope of the' contract.
2)
Constitutes a change as defined in the " Changes" clause of this contract.
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.
3 4)
Changes any of the expressed terms, conditions or specifications of.the contract.
5)
Terminates the contract or settles any claim or dispute arising under the contract, or issue any unilateral' directive whatever, d.
All technical directions shall be issued in writing by the Project Of ficer or shall be confirmed by such person in writing within ten (10) working days after verbal issuance. A copy of said i
written direction shall be submitted to the Contracting Officer.
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The Contractor shall proceed promptly with the performance e.
of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause.
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f.
If, in the opinion of the Contractor, any instruction or direction issued by'the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed 1
but shall notify the Contracting Officer in writing within five (5) working days after'the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor,
PAGE 14 NRC-04-87-364 Section G
'the Contracting Of ficer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change urider the Changes Clause.
g.
Any unauthorized commitment or direction issued by the Project Of ficer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract.
h.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes.
i.
In addition to providing technical direction as defined above, the Project Officer is responsible for:
1)
Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.
2)
Assisting the Contractor in the resolution of technical problems encountered during performance.
3)
Reviewing all costs requested for reimbursement by Contractor and submitting to the Contracting Of ficer recommendations for approval, disapproval, or suspension of payment for supplies and l
services required under this contract.
j (End of Clause)
G.3 METHOD OF PAYMENT (MAR 1987) a.
Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
I i
b.
In the event that the Contractor's financial institution l
has access to the Federal Reserve Communications System, the Contractor shall forward the following information in writing to the Contracting Officer within seven days after the effective date of the contract.
- 1) Name and address of organization.
- 2) Contact person and telephone number.
- 3) Name and address of financial institution.
- 4) Contractor's financial institution's 9-digit ABA 4
identifying number'for routing transfer of funds.
I
- 5) Telegraphic abbreviation of Contractor's financial j
j
PAGE 15 NRC-04-87-364-Section G institution.
- 6) Account; number at Contractor's financial institution.
- 7) Signature and. title of person supplying this l
information.
c.
-In the event the Contractor's financial institution does not have access to the. Federal Reserve Communication System, the-Contractor shall forward the following information with regard to a correspondent or alternate financial institution.'
The information i-shall be in writing and submitted.to the Contracting Officer within seven days after the effective date of the contract
'1) Name and address of organization.
- 2) Contact person and telephone number.
- 3) Name and address of financial institution.
- 4) Telegraphic abbreviation of Contractor's financial institution.
- 5) Account number at Contractor's financial institution.
L
- 6) Name and address of the correspondent financial institution.that has access to the Federal Reserve Communications System.
h.,
-7) Correspondent financial institution 9-digit ABA
. identifying nunber for routing transfer of funds.
- 8) Telegraphic. abbreviation of correspondent financial institution,
- 9) Signature and title of person supplying this information.
d.
Any changes to the information furnished under this clause shall be furnished to the Contracting Officer in writing.
It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
(End of Clause)
G.4 PAYMENT DUE DATE (MAR 1987) a.
Progress payments, if authorized under this contract, will be due thirty (30) calendar days after receipt of a proper invoice in accordance with the attached " Billing Instructions" (See Section J for List of Attachments).
Such payments are solely for financing purposes and shall not accrue interest under the Prompt Payment Act.
b.
Payments subject to the Prompt Payment Act under this contract will be due 30 calendar days af ter the later of:
PAGE 16 NRC-04-87-364 Section G l
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1.
The date of actual receipt of a proper invoice in accordance with the attached " Billing Instructions", or
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The date the final deliverable products / services are accepted by the Government, or 3.
The date the contract expires.
For the purpose of determining the due date for payment and c.
for no other purpose, acceptance will be deemed to occur 30 calendar days af ter receipt of the final deliverable product or completion of performance of all services in accordance with the terms of the contract.
d.
If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph c of this clause will apply to the new delivery of the final product / service.
(End of Clause)
G.5 INTEREST ON OV.iRDUE PAYMENTS (MAR 1987) a.
The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and reqtires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken discounts.
b.
Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982.
Among other considerations, OMB Circular A-125 provides that:
1)
Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
- 2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date.
Interest will be computed from the day after the due date through the payment date.
I For purposes of this clause, an expiration invoice is c.
defined as a claim submitted for costs incurred for. performance through the expiration date of a Cost Type contract.
(End of Clause)
PAGE 17 l
NRC-04-87-364 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS i
I i
H.1 KEY PERSONNEL (M R 1987) 1 a.
The following individuals are considered to be essential i
to the successful performance of the work hereunder.
I 1
i C. Wrigley J. Lindmayer G. Storti i
P. Soltani The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof.
b.
If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject 1
to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
c.
All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.
They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution.
The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing, d.
If the Contracting Officer determines that:
- 1) Sultable 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
- 2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officet for default or for the convenience of the Government, as appropriate. If the Contracting Of ficer finds the Contractor at fault for the condition, the contract price or fixed
pAGE 18 NRC-04-87-364 Section H fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.
(End of Clause)
H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987)
Except as specifically authorized by this contract, or as otherwise approved by.the Contracting Of ficer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
(End of Clause)
H.3 DRAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987)
All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, 1
subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or i
otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.
(End of Clause)
H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST l
(OMB CLEARANCE NUMBER 3150-0112) (MAR 1987) 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.
1 b.
Scope. The restrictions (fescribed 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.
PAGE 19
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Section H NRC-04-87-364 c.' Work [forOthers.
Notwithstanding any other provision of this con' tract, during the term of this contract, the Contractor agrees.to forgo entering into consulting or other contra'ctual arrangements with any firm 'or organization, the result of which may give rise'to conflict of: interest with' respect to the work being performed under this contract.
The Contractor shall ensure that all employees who are employed full time under this contract and-employees designated as key personnel, if any, under this contract abide by the provision'of this clause.
If the Contractor believes with' respect-to itself or any such employee that.any proposed consultant or other contractual arrangement with any firm or.
organization may involve a potential conflict of interest, the Contractor-shall obtain the written approval of the Contracting Officer prior to' execution of such contractual arrangement.
I d.
Disclosure after award.
I
- 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) Ine Contractor agrees that if after award it discovers organizationci conflicts of interest with respect to this contract, it shall make an immediate and full' disclosure in writing to the
' Contracting Officer.
This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in
)
the best-interest 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 l
of 1974 (Pob. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
1 (i)
Use such information for any private purpose until the information has been released to the public; (ii)
Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the l
Government based on such information until one year after the release of such information to the public, or (iv)*
Release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
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PAGE 20 i
NRC-04-87-364 Section H l
- 2) In addition, the Contractor agrees that to the extent i
it receives or is given access to proprietary data, data protected l
by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.
- 3) The Contr, actor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met, f.
Subcontracts.
Except as provided in 41 CFR 20-1.5402(h),
the Contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " Contractor,"
and " Contracting Officer," shall be appropriately modified to preserve the Government's rights.
g.
Remedies.
For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
h.
Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures j
outlined in 20-1.5411.
(End of Clause)
H.S GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (MAR 1987)
The Government will not provide any equipment / property, notwithstanding any provisions of the specification (s) to the contrary.
(End of Clause)
PAGE 21 NRC-04-87-364 Section I j
1 l
1 PART II - CONTRACT CLAUSES I
(
SECTION I CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) ( APR 1984) l This contract incorporates the following clauses by reference.
These clauses have the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
1.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 9
52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SU8 CONTRACTOR SALES TO THE GOVERNMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS i
BY COMPTROLLER GENERAL 52.215-2 APR 1984 AUDIT -- NEGOTIATION 52.215-22 APR 1984 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 52.215-24 APR 1985 SUBCONTRACTOR COST OR PRICING DATA 52.215-26 JUL 1986 INTEGRITY OF UNIT PRICES -
ALTERNATE I (JUN 1985) 52.215-31 APR 1984 WAIVER OF FACILITIES CAPITAL COST OF MONEY 52.215-33 JAN 1986 ORDER OF PRECEDEUCE i
52.216-7 APR 1984 ALLOWABLE COST AND PAYMENT 52.216-8 APR 1984 FIXE 0 FEE 52.219-6 APR 1984 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE -
52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISA0VANTAGED BUSINESS CONCERNS 52.219'-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR
PAGE 22 NRC-04-87-364 Section I SURPLUS AREA CONCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.223-2
.APR 1984 CLEAN AIR AND WATER 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 APR 1984 INSURANCE -- LIABILITY TO THIRD PERSONS 52.232-17 APR 1984 INTEREST 52.232-20 APR 1984 LIMITATION OF COST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES ALTERNATE I (APR 1984) 52.233-3 JUN 1985 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) l 52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS i
52.243-2 APR 1984 CHANGES -- COST-REIMBURSEMENT ALTERNATE I (APR 1984) 52.244-2 JUL 1985 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS ALTERNATE I (APR 1984) 52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING 52.249-6 MAY 1986 TERMINATION (COST-REIMBURSEMENT)
J 52.249-14 APR 1984 EXCUSABLE DELAYS 1.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) i (a) Definitions. " Kickback," as used in this clause, means any money, fee, commission, credit, gif t, gratuity, thing of value, or i
compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
" Person," as used in this clause, means a corporation,
{
partnership, business association of any kind, trust, joint-stock company, or individual.
" Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purposes of obtaining supplies, materials, equipment, or services of any kind.
" Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
A
PAGE 23 NRC-04-87-364 Section I
" Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or. services of any kind under a prime contract.
" Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or subcontract entered into in connection with any such prime contract, and (2) includes any person who offers to furnish or furnishes supplies to the prime Contractor or a higher tier subcontractor.
" Subcontractor employee," as used in this clause, means any of ficer, partner, employee, or agent of a subcontractor.
(b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
prohibits any person from--
(1) P mviding or attempting to provide or offering to provide any mkback; or (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor.
1 (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and decect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation.
Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) Regardless of the contract tier at which a kickback was provided, accepted or charged under the contract in violation of paragraph (b) of this clause, the Contracting Officer may--
(i) Offset the amount of the kickback againist any monies owed by the United States under this contract and/or (11) direct that the Contractor withhold from sums owed the subcontractor, the amount of kickback. The Contracting Officer may order that montes withheld
PAGE 24 NRC-04-87-364 Section I under subdivision (c)(4)(ii) of-this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(1) of this clause.
In the latter case, the contractor shall notify the Contracting Officer when monies are witheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract.
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 1
NRC Contractor Organizational Conflicts of Interest (41 CFR part 20) 3 2
Billing Instructions 3
Standard Form 1411 with Instructions 1
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