ML20235T692

Contract: Region V Data Entry Svcs, Awarded to Sba. Subcontractor:Phoenix Intl

ML20235T692
Person / Time
Issue date:	09/30/1987
From:	Ortiz D, Wiggins E NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), PHOENIX INTERNATIONAL, SMALL BUSINESS ADMINISTRATION
To:
Shared Package
ML20235T665	List: ML20235T662 ML20235T692
References
CON-FIN-B-8891, CON-NRC-32-87-307 NUDOCS 8710130178
Download: ML20235T692 (37)

Text

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AWARD / CONTRACT PHOENIX INTL OMB No. 0505-0005 Expiration Date: 05/31/E8

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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.

' ' 2'87 6B9 B7-1 0759

5. ISSUED BY Code: 6. ADMINISTERED BY Code:

(If other than Item 5)

'U.S. Small Lusiness Administration U.S. Nuclear Regulatory Commission 350 S. Figueroa Street Division of Contracts (AR-2223)

Los Angeles, CA 90071 Contract Administration Branch I Washington, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY Phoenix International ( ) F0B ORIGIN 8703 LaTijera Boulevard, Suite 205 ( ) OTHER Los Angeles, CA 90045 (See Section F)

9. DISCOUNT FOR PROMPT PAYMENT n/a Duns Code: Facility Code: 4

10. SUBMIT INVOICES (4 copies unless otherwise specified) 10 THE ADDRESS SHOWN IN ITEM: 12

11. SHIP T0/ MARK FOR 12. PAYMENT WILL BE MADE BY Code: 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) (1)

14. ACCOUNTING AND APPROPRIATION DATA 95-20-25-50-2, $95,000.00 B8891 15A. ITEM 158. SUPPLIES / ISC. QUANTITY 150. UNIT 15E. UNIT 15F. AMOUNT j NO. SERVICES PRICE l The U.S. NRC hereby accepts Phoenix International's technical proposal dated June 5, 1987 as revised September 17, 1987, which are incorporated herein

• and made a part hereof, by reference, to provide data entry services for NRC's Re91on V office.

See Continuation Sheet 15G. TOTAL AMOUNT OF CONTRACT 5109,715.00 APPROVED BY GSA/0IRM 6/85 STANDARD FORM 26 (Rev. 4-85)

FAR(48 CFR) 53.214(a) 8710130178 871002

PDR CONTR NRC-32-87-307 PDR.

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SPECIAL e(a) SUBCONTRACT CONDITIONS (APR 1984)

(a) The $nal)  !

No. Business AJeanis t rat ion (SBA) ha s ent e red int o Cent ra c t NRC-32-67-307 ,

with the U.S. Nuclear P,eoulatory Commissior to f urnish the supp21es or serv 2ces as desc r2 bed therean. A copy of the contract is attached hereto and made a part hereof.

1 (b) The Phoenix International .hereafter referred to as the subcontractor, agrees and acknowledges as follows:

l (J) That it v13J. for and on behalf of the SEA, fulfi31 and perforn al3 of the requirements of Contract No. NRC-32-8 7-307 f or t he consideration each and every stated therein part of and that it has read and as far.212ar with the contract.

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(2) That the SEA has delegated responsibility fer the adeinistratsen 1 of this subcontract to the USNRC -

cocplete author'ity' to take any at t act, with on behalf of the Governr.er.t under the teres and conditions of this subcontract.

(3) That 1/ vill not subcontract t he pe rf err.ar.cc c f any ef the requirements o,f this subcontract to any lower tier sub:entractor vathout I l the prior Officer ofwritten approval of the SBA and the designated Contracting the , USNPC l (c) Pa,ynents, including any progress payments under this subcontract t

! vill be ~ade directly to the subcontractor by the ,

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AWARD / CONTRACT i

16. TABLE OF CONTEtHS PART/SECTION- DESCRIPTION PART I - THE SCHEDULE. 1 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 i H SPECIAL CONiRACT REQUIREMENTS {

PART II - CONTRACT CLAUSES l I CONTRACT CLAUSES j

4 PART III --LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS l

PART IV - REPRESENTATIONS AND INSTRUCTIONS .

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFEROPS i CONTRACTING OFFICER WILL COMPLCTE ITEM 17 OR 18 AS APPLICABLE

17. (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 4 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set fcrth 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.) q j

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 offer, and (b) this award / contract. No further contractual document is necessary.

19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAMg((pgTQING OFFICER A TING OFFICER Phoenix International U. a usiness Administration 198. NAME OF CONTRACTOR 208. TED STATES OF ERICA , ]

by by (S$ffature of person authorized to sign) (Signature of Contracting QCf.ider) l 19C. DATE SIGNED 20C.DATEpIGNE 3o S ,,u c . 97 ' h/M/O 9 EXCEPTION T'O STANDARD FORM 26 APPROVED BY GSA/0IRM 6/85 L-______._---_ _____.:.__ - - - - _ _ _ . - _ . - - . - _

eage 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-32-87-307 10/01/87

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 PRIME: U.S. Small Business Administration ( ) F0B ORIGIN 350 South Figueroa ( ) OTHER Los Angeles, CA 90071 (See Section F) l SUB: Phoenix International 9. DISCOUNT FOR PROMPT PAYMENT l Los Angeles, CA 90045 n/a Duns Code: Facility Code:

l 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 12 1

11. SHIP T0/ MARK FOR 12. PAYMENT WILL BE MADE BY Code: U.S. Nuclear Regulatory Commission If applicable, Division of Accounting and Finance see Section 0 GOV /COM Acounts Section i of the Schedule Washington, DC 20555  ;

Code: l

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION  !

( ) 10 U.S.C. 2304(c)( ) (X) 41 U.S.C. 253(c) (1)

14. ACCOUNTING AND APPROPRIATION DATA 95-20-25-50-2, $95,000.00 B8891 15A. ITEM ISB. SUPPLIES / ISC. QUANTITY ISD. UNIT ISE. UNIT 15F. AMOUNT NO. SERVICES PRICE The U.S. NRC hereby accepts Phoenix International's '

technical proposal dated June 5, 1987 as revised September 17, 1987, which are incorporated herein and made a part hereof, by reference, to provide data entry services for NRC's Region V office.

See Continuation Sheet 15G. TOTAL AMOUNT OF CONTRACT $109,715.00 APPROVED BY GSA/0IRM 6/85 STANDARD FORM 26 (Rev. 4-85)

FAR(48 CFR) 53.214(a)

PAGh 2 4

AWARO/ 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 H SPECIAL CONTRACT REQUIREMENTS 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 OFFER 0RS 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 4 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 ere 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 offer, and (b) this award / contract. No further contractual document is necessary.

19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Typfd/MIprOf')12 t U. h N hY$$Id N s @lfdIOERstration U.S. Nuclear Regulatory Commission 198. ME OF CON RACT , 20B. UNITS STA SOFgER,ICA-by by EloTs- dMrgg' ins (Signature of person autgiRzed to sign) (Signature of Contracting Officer) 19C.DATESGNEg 20C. DATE SIGNED O c / e r/ f/n49 '

EXCEPTION TO STANDARD FORM 26 /

APPROVED BY GSA/0IRM 6/85

TABLE OF CONTENTS PAGE

, ' AWARD / CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TAB LE O F CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . 5 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987). . . . . . . . . . . . 5 B.2 CONSIDERATION AND OBLIGATION--TIME AND MATERIALS. . . . . . 5 (MAR 1987) .

SECTION C - DESCRIPTION / SPECIFICATION. . . . . . . . . . . . . . . . 6

/ WORK STATEMENT C.1 STATEMENT ' 0F WORK (MAR 1987) . . . . . . . . . . . . . . . 6 C.2 TRAVEL (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) l SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . 9 F.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 9 (FAR 52.252-2) ( APR 1984)

F.2 PREPARATION OF TECHNICAL REPORTS (MAR 1987) . . . . . . . . 9 F.3 TECHNICAL PROGRESS REPORT (MAR 1987). . . . . . . . . . . . 9 F.4 FINANCIAL STATUS REPORT (MAR 1987). . . .......... 10 F.5 PLACE OF DELIVERY--REPORTS (MAR 1987) . . . . . . . . . . . 10 l F.6 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 11 ALTERNATE II (MAR 1987)

SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . 12 G.1 PROJECT OFFICER AUTHORITY (MAR 1987). . . . . . . . . . . . 12 ALTERNATE II (MAR 1987) l G.2 TRAVEL REIMBURSEMENT (MAR 1987) . . . . . . . . . . . . . . 12 G.3 METHOD OF PAYMENT (MAR 1987). . . . . . . . . . . . . . . . 13 G.4 PAYMENT DUE DATE (MAR 1987) . . . . . . . . . . . . . . . . 14 G.5 INTEREST ON OVERDUE PAYMENTS (MAR 1987) . . . . . . . . . . 15 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . 16 l H.1 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987). . . . . . 16 H.2 PRIVATE USE OF CONTRACT INFORMATION AND DATA 16 H.3 SECURITY (MAR 1987) . . . . . . . . . . ....... . . . (MAR 1987) . . 16 H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . . 18 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)

H.5 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . . 20 (MAR 1987)

PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . 21 SECTION I -

CONTRACT C LAUSES . . . . . . . . . . . . . . . . . . . 21 I.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 21 (FAR 52.252-2) ( APR 1984) 1.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 22

l TABLE OF CONTENTS PAGE

, I.3 SPECIAL 8(A) CONTRACT CONDITIONS. . . . . . . . . . . .-. 24  !

. (FAR 52.219-11) (APR 1984) 'l I.4 ALTERATIONS IN CONTRACT . . . . . . . . . . . . . . . . . . 25 _j (FAR 52.252-4) (APR 1984)- i 1.5 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984). . . 25 I i

PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . .. 34  !

AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . 34 J.1 ATTACHMENTS (MAR 1987). . . . . . . . . . . . . . . . . . . 34 l

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simo4ao com 24. ;Utv ise.6 ce. cat semps ao-nastaam CONTINUATION SHEET l* .

no.,reoc. c:o. v e enn a ss ses 5 yw or orruo oo <cacucson l i

& NO. $UPPLIES/$f RYlC15 QUANilfY UNIT UNIT pag M oVNT Section B - Supplies or Services and Prices /

l Costs -- Alternate 2 )

B.1 Brief Description of Work i

.I The Contractor shall provide all necessary per-  !'

sonnel to perform data entry support services for NRC's Region V office as specified herein.  ;

Year One ESTIMATED Program Manager 288 HRS $75.28 $ 21,680.64 (Labor)

$ 1,205.00 i (Travel)

Data Entry Aide 3800 BRS $22.85 $ 86,830.00 (Labor)

Total Estimated Amount for Year One - - - - = = $109,715.00 Year Two (Option) j i'

Program Manager 288 HRS $79.04 $ 22,763.52 (Labor)

$ 1,177.48 ,

(Travel) j Data Entry Aide 3800 HRS $24.00 $ 91,200.00 (Labor)

Total Estimated Amount for Yea c Two ---- ---- - - - - - - - - - - $115,141.00 Performance of data entry services described in Section C " Statement of Work" on a fixed labor hour rate and travel costs in accordance with the FTR.

B.2 Consideration and Obligation--Time and Materials (MAR 1987)

a. It is estimated that the total cost to the Government for full performance under this contract will be $109,715'.00 (contract ceiling amount).

b. The amount presently obligated by the Governnent with respect to this contract is $95,000.00.

(End of Clause) e.

CU.S. C.F.C. 19e 3 3s 1

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PAGE 6 NRC-32-87-307 Section C

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SECTION C - DESCRIPTION / SPECIFICATION I

/ WORK STATEMENT j l

I C.1 STATEMENT OF WORK (MAR 1987). j See Attachment No. 6 (End of Clause) ,

C.2 TRAVEL (MAR 1987) i

a. All domestic travel requires the prior approval of the Project Officer.

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b. All foreign travel must be approved in advance by the NRC on NRC Form 445 and shall be in compliance with 52.247-63 Preference For U.S. Flag Air Carriers.

(End of Clause)

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, PAGE 7 NRC-32-87-307 Section D SECTION D - PACKAGING AND MARKING

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y a-D1 PACKAGING AND MARKING (MAR 1987) l TheContractorshallpacE44ematerialforshipmenttotheNRC l

in such a manner that will insure acceptance by common carrier and 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 ethich the product is being provided. !I (EndofClause)  ;

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SECTION E - INSPECTION AND ACCEPTANCE-E.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 I) CLAUSES CLAUSE NUMBER DATE TITLE E2.246-6 JAN 1986 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR 1

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PAGE 9 1NRC-32-87-307 Section F

, f I's SECTION F - DELIVERIES OR PERFORMANCE l 4

F.1 CLAUSES 'INCORPORATiJ BY REFERENCE r (FAR 52,252-2) (APR 1984) ,

This c.obtr< set incorporates the following clauses by reference, ,

These clauses have the sak: force and effect as if they were given

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

I. FEDERALACQUISITIONREGULATION(48CFRCHAPTER1[ CLAUSES

. CLAUSE '

NUMSER DATE TITLF ' '

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52.212-13 APR 1984 STOP-WORK ORDER t

F.2 PREPARATION OF TECHNICAL REPORTS (MN41987)

All tenhnical reports required by Section C and all rechnical' l Progress keports required by Section F are to be .orepared in  !

l sccorc'ance with the attached NRC Manual Chapter 3202. NRC Manual i

, Chapter 3202 is not applicable to the Spending Plan and the Financial Status Report (S(e Section J for List of Attachments), j a (EndofClause) I

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F.3 TECHNICAL PROGRESS REPORT (MAR 1987)  ?'

The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Officer. The l report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract l

number, project manager and/or principal investigated, the contract ,

period of performance, and the period covered by the report. Each

" report shall include the following:

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a. A listing of the efforts completed during the period;  ;

milestones reached or, if missed, an explanation provided- 1 i

b. Any problems or delays encountered or anticipated and recommendations for resolution; (if the recommended resolution l involves a contract modification, e.g., change in work requirements, i

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 itapact).

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. c. A summary of progress to date; and i

d. Plans for the next reporting period.

(End of Clause)

F.4 -FINANCIAL STATUS REPORT (MAR 1987) -

The Contractor shall provide a monthly Financial Status Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after 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 period '

of performance, and the period covered by the report. Each report  ;

shall include the following for each discrete task:

a. Provide total estimated cost (value) of the project as reflected in the contract, the amount of funds available in the contract to date, and the balance of funds required to complete the work as follows:

1) Total Estimated Contract Amount.-

2) Total Funds Obligated To Date. j

3) Total Costs Incurred This Reporting Period.

4) Total Costs Incurred To Date.

5) Balance of Obligations Remaining.

6) Balance of Funds Required To Complete Contract.

b. Detail of all direct and indirect costs incurred during the reporting period for each task.

c. Update the approved Spending Plan.

(End of Clause)

F.5 PLACE OF DELIVERY--REPORTS (MAR 1987)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to: {'

a. Project Officer (1 copies)

U.S. Nuclear Regulatory Conmission k Contract Number: NRC-32-87-307 i Office of Region 5 i Division of Resource Management & Admin.

Mail Stop: n/a Washington, D.C. 20555

b. Contracting Officer (1 copy)

U.S. Nuclear Regulatory Commission Contract Number: NRC-32-87-307 Division of Contracts l

Contract Administration Branch

NRC-32-E7-307 Section F Mail Stop: AR-2223 Washington, D.C. 20555 (End of Clause)

F.6 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE II (MAR 1987)

This contract shall commence on 10/01/87 and will expire on 09/30/88. The term of this contract may be extended at the option of the Government for an additional one year period as specified in B.1, of the contract Schedule.

(End of Ciause) l 1

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I PAGE 12 NRC-32-87-307 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987) 4 ALTERNATE II (MAR 1987) I

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

Name: Edward Frigi11ana Address: U.S. Nuclear Regulatory Commission

, Resource Management & Administration )

Walnut Creek, CA 94596 1 Telephone Number: 463-3865

b. The Project Officer is responsible for:

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1) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.

I 2) Inspecting and accepting products / services provided under the contract.

3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making i recommendations for approval, disapproval, or suspension,

c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.

(End of Clause)

G.2 TRAVEL REIMBURSEMENT (MAR 1987)

a. Total expenditure for domestic travel shall not exceed

$1,205 without the prior approval of the Contracting Officer.

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b. The Contractor will be reimbursed for reasonable domestic l travel costs incurred directly and specifically in the performance  !

of this contract. The cost limitations for travel costs are l determined by the Federal Travel Regulations that are in effect on the date of the trip. These Regulations specify the daily maximum  !

per diom rates for-specific localities within the Conterminous '

United States (CONUS), the standard CONUS rate, the allowance for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require receipts.

The Contractor can obtain the Regulations from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

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1 PAGE 13 NRC-32-87-307 Section G j

c. When the Government changes the Federal Travel Regulations, it is the responsibility of the Contractor to notify )

the Contracting Officer in accordance with the Limitation of Cost J clause of this contract if the Contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract. 1 i

d. The rates for foreign travel are established by the U.S. (

Department of State and are listed in a publication entitled

" Maximum Travel Per Diem Allowances For Foreign Areas". Copies of this publication may be obtained from U.S. Government Printing '

Office, Washington, D.C. 20402.

(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.

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b. In the event that the Contractor's financial institution  !

l has access to the Federal Reserve Communications System, the l Contractor shall forward the following information in writing to the i i Contracting Officer within seven days after the effective date of the contract.

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1) Name and address of organization. i

2) Contact person and telephone number.

3) Name and address of financial institution.  !

4) Contractor's financial institution's 9-digit ABA identifying number for routing transfer of funds.

l 5) Telegraphic abbreviation of Contractor's financial institution.

6) Account number at Contractor's financial institution.

7) Signature and title of person supplying this information.

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

PAGE 14 NRC-32-87-307 Section G

2) Contact person and telephone number.

3) Name and address of financial institution.

4) Telegraphic abbreviation of Contractor's financial institution.

5) Account number at Contractor's financial institution.

6) Name and address of the correspondent financial institution that has access to the Federal Reserve Communications System.

7) Correspondent financial institution 9-digit ABA I identifying number for routing transfer of funds.

8) Telegraphic abbreviation of correspondent financial >

institution.

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

d. Any changes to the information furnished under this clause  !

shall ha fimnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneour, bank accounts.

(End of Clause)

G.4 PAYMENT OVE 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 purpo>es 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 after the later of:

1. The date of actual receipt of a proper invoice in accordance with the attached " Billing Instructions", or

2. The date the final deliverable products / services are accepted by the Government, or

3. The date the contract expires.

c. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after receipt of the final deliverable product or completion of performance of all :,ervices in accordance with the terms of the contract.

d. If the final product / service is rejected for failure to

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. 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 OVERDVE 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 requires 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.

1

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.

l

c. For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.

(End of Clause) 1 1

I

. PAGE 16 NRC-32-87 397 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 DISSEMINATION OF CONTRACT INFORMATION (MAR 1987).

The Contractor.shall comply with the attached requirement of NRC Manual' Chapter 3202 and 3206 (See Section'J for List of Attachments) regarding publications or any.information, oral or.

written, concerning the work performed under this contract. Failure

.to comply with this clause shall be grounds for termination of this contract.

(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 Officer, 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.

(EndofClause)

H.3 SECURITY (MAR 1987)

a. Security / Classification Requirements Form. The attached NRC Form 187 (See Section J for List of Attachments). furnishes the basis for providin requirements to prime contractors,' subcontractors or others (e.g., bidders) who have or may have an NRC contractual relationship which requires access to classified information or matter, access on a' continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo j identification or card-key badges,

b. It is the Contractor's duty to safeguard Restricted Data, Formerly Restricted Data, and other classified information. The Contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Formerly. Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material-in the Contractor's possession in connection with.the performance of work under this contract. Except as otherwise expressly provided in this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Commission any' classified matter in the possession of the Contractor or any person under the Contractor's control in connection with performance of this contract. If

, PAGE 17 NRC-32-87-307 Secticn H retention by the Contractor of any classified matter is required 4 after the completion or termination of the contract and such retention is approved by the Contracting Officer, the Contractor will complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the Contracting Officer, the security provisions of the contract will continue to be applicable to the matter retained.

I

c. 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 or i privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data l protected by the Privacy Act of 1974 (P.L.93-579), or other '

information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, )

or disclose such information in whole or in part to any other person i or organization except as may be necessary to perform the work under i this contract. Contractor agrees to return such information to the j Commission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. Failure to comply with ,

this clause shall be grounds for termination of this contract.

d. Regulations. The Contractor agrees to conform to all security regulations and requirements of the Commission,

e. Definition of Restricted Data. The term " Restricted Data," as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.

f. Definition of Formerly Restricted Data. The term "Formerly Restricted Data," as used in this clause, means all data removed from the Restricted Data category under section 142-d. of the Atomic Energy Act of 1954, as amended.

g. Security Clearance Personnel. The Contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required.

h. Criminal Liabilities. It is understood that disclosure of f

C - - - - -

' PAGE 18 NRC-32-87-307 Section H Restricted Data, Formerly Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data,,Formerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the Contractor's control in connection with work under this contract, may subject the Contractor, its agents, employees, or subcontractors '

to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12356.)

1. Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

J. In performing the contract work, the Contractor shall assign classifications to all documents, material, and equipment originated or generated by the Contractor in accordance with classification guidance by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment shall provide that the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in accordance with classification guidance furnished by the Contractor.

(End of Clause)

H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (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.

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.

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 conflict of interest with respect to the work being performed under this contract. The Contractor m i' ensure that all employees who are employed full time under this vtract and employees designated as key personnel, if any, unc c this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any such employee that any proposed l

l L_________

. , PAGE:19 NRC-32-87-307- Section H i

consultant or other contractual arrangement with any firm or ]'

organization may involve a potential conflict of interest,1the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

d. Disclosure after award.

1) The Contractor warrants that to the best of its:

knowledge and belief and except'as otherwise set forth in this l

contract, it does not have any organizational . conflicts of interest, j

1 as defined in 41 CFR 20-1.5402(a).

2) The Contractor agrees that if after award it discovers organizational conflicts ofLinterest with respect to this contract, it shall.make an immediate and full disclosure in writing to the I 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. 1

e. Access to and use of information.

3) If the Contractor in the performance of this contract 'i 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 Centractor agrees not to:

(i) Use such information for any private p'urpose until the information has been released to the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on 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.0fficer unless such information has previously been released to the public by the NRC.

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

3) The Contractor shall have, subject-to patent and security provisions of this contract, the right to use technical-data it produces under this contract for private purposes provided

. . , PAGE 20 NRC-32-87-307 Section H

. 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 outlined in 20-1.5411.

I (End of Clause)

H.5 DETEPJi1 NATION OF MINIMUM WAGES AND FRINGE BENEFITS l (MAR 1987) l 1

Each employee 'f the Contractor or any subcontractor l performing services under this contract shall be paid at least the minimum allowable menetary wage and fringe benefits prescribed under Wage Determination Number . -

• dated 04/24/87 which is attached (See Section J tor List of Attachments).

(End of Clause)  !

• As of 4 /24 /87, no Wage Determination is applicable.

l l

l

. . PAGE 21 NRC-32-87 307 Section I PART II - CONTRACT CLAUSES SECTION I -

CONTRACT CLAUSES I.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 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR

. SALES TO THE GOVERNMENT 52.204-2 APR 1984 SECURITY REQUIREMENTS 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMP 1 ROLLER 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) 52.215-30 APR 1984 FACILITIES CAPITAL COST OF MONEY 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.217-8 APR 1984 OPTION TO EXTEND SERVICES 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED i BUSINESS CONCERNS l

52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES

! 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS

PAGE 22 NRC-32-87-307 'Section I 52.220-4 APR 1984 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 52.222-1 APR 1984 NOTICE TO THE GOVERNMENT '

0F LABOR DISPUTES-52.222-3 APR 1984 ' CONVICT LABOR .

1 52.222-26 : APR 1984- EQUAL OPPORTUNITY , J 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-52.227-11 APR 1984 AUTHORIZATION AND CONSENT

.52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT-52.227-10 APR-1984 FILING OF PATENT APPLICATIONS -

-CLASSIFIED SUBJECT MATTER ,

52.228-1 APR 1984 BID GUARANTEE l 52.230-3. AUG 1986 COST ACCOUNTING STANDARDS 52.230-4 APR 1984 ADMINISTRATION OF COST.

ACCOUNTING STANDARDS 52.232-7 APR 1984 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS.

52.232-17 APR 1984 INTEREST 1 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS i 52.233-1 APR 1984 . DISPUTES ALTERNATE I (APR 1984)- i 52.233-3 JUN 1985 PROTEST AFTER AWARD'-

52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION . . i 52.243-3 APR 1984 CHANGES -- TIME-AND-MATERIALS OR 1 LABOR-HOURS 52.244-3 APR 1985 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR- ,

l HOUR CONTRACTS) l 52.245-5 JAN 1986 GOVERNMENTPROPERTY(COST-REIM-BURSEMENT, TIME-AND-MATERIALS, ORLABOR-HOURCONTRACTS)  ;

52.246-25 APR 1984 LIMITATION OF LIABILITY- -

-- SERVICES 52.249-6 MAY 1986 TERMINATION (C0ST REIMBURSEMENT) -!

ALTERNATE IV (APR 1984) ,

52.249-14 APR 1984 EXCUSABLE DELAYS I I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) ,

(a) Definitions. " Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or ,

compensation of any kind which is provided, directly.or indirectly, to any prime. Contractor, prime Contractor. employee, subcontractor, I 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, I i l

PAGE 23 "

NRC-32-87-307 Section I

. 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.

" 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, i 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 i

any supplies, materials, equipment, or services of any kind under a prime contract or subcontract entered into in connection with any l such prime contract, and (2) includes any person who offers to I furnish or furnishes supplies to the prime Contractor or a higher l

1 tier subcontractor.

" Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-kickback Act of 1986 (41 U.S.C, 51-58) (the Act),

prohtbits any person from--

i (1) Providing or attempting to provide or offering to provide ]

any kickback; 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 l subcontractor to a prime Contractor or a higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable l procedures designed to prevent and detect 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 l

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

PAGE 24 NRC-32-87-307 Section I

. 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-- 4 (1) Offset. the amount of. the kickback againist any monies owed by the United States under this contract and/or (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of kickback. The Contracting Officer may order that monies withheld

under subdivision (c)(4)(11) of this clause be paid.over to the i l Government unless the Government has already offset those monies {

j under subdivision (c)(4)(1) of this clause.. In the latter case, the l contractor shall notify the Contracting Officer when monies are I witheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract.

(End of Clause)

I.3 SPECIAL 8(A) CONTRACT CONDITIONS (FAR 52.219-11)-(APR 1984)

The Smal) Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract l according to the specifications and the terms and conditions hereof by subcontracting with an e'ligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

l (b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Delegates to the Nuclear RegulatoryCommission_the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; ,

provided, however, that.the Nuclear RegulatoryCommission shall give 8 advance notice to the SBA before it issues a final notice .

terminating the.right of a subcontractor to proceed with further i performance, either in whole or in part, under the subcontract for  !

default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the. subcontractor by the Nuclear RegulatoryCommission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer

PAGE 25 NRC-32-87-307 Section I cognizable under the " Disputes" clause of said subcontract.

1 (End of Clause) {

l I.4 ALTERATIONS IN CONTRACT '

(FAR 52.252-4) (APR 1984)

Portions of this contract are altered as follows: -

i 1

i I.5 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984)

(a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C.

351 et seq.) and is subject to the following provisions and to all l other applicable provisions of the Act and regulations of the l Secretary of Labor issued thereunder (29 CFR'Part 4).

(b)(1) Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.

(2)(1) If there is such a wage determination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classifications listed in the wage determination),

be classified by the contractor so as to provide a reasonable r relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classificettons listed in the wage determination. Such conformed class of employees shall be paid i the monetary wages and furnished the fringe benefits as are 1 1

determined pursuant to the procedures in this section. (The information collection requirements contained in the following paragraphs of this section have been approved by the Office of Management and Budget under DMB control number 1215-0150.)

(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or l disagreement of the authorized representative of the employees l

, involved or, where there is no authorized representative, the '

l employees themselves, shall be submitted by the contractor to the

! contracti'ng officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the l employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and l

____o

p .

PAGE 26 NRC-32-87-307g l Ssetion I Hour Division will approve, modify, or. disapprove the action or

'l render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 ]<

days of receipt that additional time is necessary.

(iii) The final determination of the conformance. action by k the Wage and Hour Division shall be transmitted to the contracting -

(

officer who shall promptly notify the contractor of the action l taken. Each affected employee shall be furnished by the. contractor )

with e written copy of such determination or it shall be posted as a part of the wage determination..

(iv)(A) The process of, establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to.any single formula. The approach j used may vary from wage determination to wage determination l depending on the circumstances. $tandard wage and salary administration practices which rank various, job classifications by ]

pay grade pursuant to point schemes or other job factors'may, for example, be relied upon. Guidance may'.also be obtained from the way different jobs .are ; rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage ~j determinations issued in the same locality. Basic to the 1 establishment of any conformable wage rate (s) is the concept that a j pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option or extension of an existing contract,-or in any other i

case where a contractor succeedt e contract under which the l

classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,

adjustinal the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contracts which are listed  ;

in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage 'l determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract. i work but the unlisted class of employees, the contractor shall j advise the contracting officer of the action taken by the other 1 procedures in paragraph (b)(2)(ii) of this section need not be followed.

l (C) No employee engaged in performing work on this  !

contract shall in any event be paid less than the currently l applicable minimum wage specified under section 6(a)(1) of the Fair i Labor Standards Act of 1938, as amended. '

(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(1) and (ii) of this section shall be  ;

paid to all employees performing in the classification from the ,

PAGE 27' NRC-32-87-307 .Section~I-

, first day on which contract work is performed by them in the' classification.

~

Failure to pay such_ unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to co ply with paragraphs (b)-(2)(1) through (v) of this section, the Wage and Hour Division shall make_a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of. employees commenced contract work.

(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as' amended,'the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service'. employees shall bez subject to adjustment after 1 year.and not less often than once .

every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division Employment Standards Administration of the Department of Labor as provided'in such Act.

(c) The c'ontractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment of determined conformable thereto by furnishing any equivalent combinations of bona- fide fringe benefits, or. by making equivalent or differential payments in cash in accordance with the applicable.

rules set forth in Subpart D of 29 CFR Part 4, and' not otherwise.

(d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.

(2) If this contract succeeds a contract, subject t'o the Service Contiact Act of 1965 as amended, under which substantially the same amended, under which substantially the same services were furnished in the same locality and service employees.were paid wages and fringe benefits provided for in a. collective bargaining -

agreement, in the absence of the. minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract),.less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospe:tive increases in wages and fringe benefits provided for under such agreement. No contractor or

PAGE 28 NRC-32-87-307 Section I i

, subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of Section 4.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized  ;

representative finds, after a hearing as provided in Section 4.10 of l 29 CFR Part 4 that the wages and/or fringe benefits provided j services of a character similar in the locality, or determines, as '

provided in Section 4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a i character similar in the locality, and/or that the collective  !

bargaining agreement applicable to service employees employed under I the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe i benefits. Such determination shall be made part of the contract or i subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract l

Appeals as the case may be, irrespective of whether such issuance 4 occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under DMB control number 1215-0150.)

(f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in building or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the wnd records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the

PAGE 29 NRC-32-87-307 Section I Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(1) through (vi) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0150.):

(1) Name and address and social security number of each employee. *

(ii) The correct work classification or classification, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit nayments in lieu thereof, and total daily and weekly compensation o' each employee.

(iii) The number of daily and weekly hours so worked by each employee.

(iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(v) A list of monetary wages and fringe benefits for those l

i classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the I

Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list.

(vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Section 4.6(1)(2).

(2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment of advance of funds until such violation ceases.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.

Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or E __

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PAGE 30 NRC-32-87-307 Section I

)

i

. accured. A pay period under this Act may not be of any duration '

longer than semi-monthly.

l (i) The contracting officer shall withhold or cause to be j i withheld from the Government prime contractor under this or any 1 l

other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such .

sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor in  ;

the event of failure to pay any employees subject to the Act all or i part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take actior, to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed  ;

with the contract work. In such event, the Government may enter '

into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.

(j) The contractor agrees to insert these clauses in this I l section relating to the Service Contract Act of 1965 in all '

! subcontracts subject to the Act. The term " contractor" as used in these clauses in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government prime contractor."

(k)(1) As used in these clauses, the term "stryice employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(2) The following statement is included in contracts pursuant to section 2(a)(5) of the Act and is for informational purposes l

only: The following classes of service employees expected to be employed under the contract with the Government wonild be subject, if employed by the contracting agency, to the provisions of 5 U.S.C.

5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits:

Employee class Monetary wage-fringe benefits E_------ _ _ -

. PAGE 31 NRC-32-87-307 Section I (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together will full information as to the application and accrual of .

such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.

(Approval by the Office of Management and Budget under OMB control number 1215-0150.)

(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a con- tractor (predecessor) or successor (Section 4.173 of Regulations 29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting  ;

officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of l contract performance. Such list shall also contain anniversary dates '

of employment on the contract either with the current or predecessor contractors of each such service employee. The contracting officer I shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of j Management and Budget under OMB control number 1215-0150.)

(m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4.

(n)(1) By entering into this contract, the contractor (and i

officials thereof) certifies that neither it (nor he or she) nor any l person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the

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PAGE 32 NRC-32-87-307 Section I

. Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or ,

injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices , student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by I the Administrator (29 CFR Parts 520, 521, 524, and 525). I i

(2) The Administrator wili issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without ,

changing requirements concerning fringe benefits or supplementary  !

cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act cf 1938 (29 CFR Parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations.

(p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registereu wnn a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not i registered as an apprentice in an approved program shall be paid the l wage rate and fringe benefits contained in the applicable wage  !

determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the  !

registered program, expressed as the appropriate percentage of the l journeyman's rate contained in the applicable wage determination.

The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than l the ratio permitted to the contractor as to his entire work force under the registered program.

(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum l

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PAGE 33 NRC-32-87-307 Section I

, wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however, that the amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this provision:

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips-(individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination.of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control

, number 1215-0017);

l (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

(r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(FDR Temporary Regulation 76) l l

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, PAGE 34 NRC-32-87-307 ~

Section J 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) 2 Billing Instructions

.I 3 NRC Manual Chapter 3202 4 Standard Form 1411 with Instructions 5 NRC Form 187 - Security / Classification 1 Requirements 1 6 Statement of Work

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