ML20235W321

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Contract: Newspaper Clipping Svcs, Awarded to Press Intelligence,Inc
ML20235W321
Person / Time
Issue date: 10/07/1987
From: Thompson R
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), PRESS INTELLIGENCE, INC.
To:
Shared Package
ML20235W270 List:
References
CON-FIN-D-1873, CON-NRC-39-88-168 NUDOCS 8710160129
Download: ML20235W321 (49)


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1. TaiS CONTnACT eS A RATED ORDER.

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unoER OPAS n5Crn 35o3 1

1 '3 T CONinACD- 0n,N-Y..

a. u fECTivL DATE
4. REaussiYtON/PvRCsAsE REaucsTieROxCT NO.

11/1/87 ARM-88-168

s. issuEO e v COoE I

- ' ^ * ' " ' ' ' ' " ' " '" "'*" **" ** COoE I U.S. Nuclear Regulatory Commission Division of Contracts Washington, DC 20555

7. NAME AND ADORESS OF CONTRACTOR (No., afivef, esty, county. 6 tale end ZIP code)
8. OEtt VE R v Press Intelligence, Inc.

O ros oa'c'"

B or"ca <=

1341 G Streets NW

e. DISCOUNT rOR pROuar eAvMENr Washington, DC 20005 Net 30
10. SUBMIT INVOICES l' TEM n e ou.unu ouhn-See Sect. G.5 CODE who speettaedl TO THE FACILITY CODE a n. saiP3 wM ARn F OR ADDRESS SHOWN IN:

32.pAvMcN1 wiLL uE uADE ev See Section F See Section G.2 I3fAUTHORIT v IOR USING OTHER THAN FULL AND OPEN COMPEY6

34. ACCOUNTING AND APPROPRI ATtON DATA B&R:

10-20-25-19 FIN: 01873 i

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0% u.S C. 253<cu 5 APPN: 2 0200.107 OBLIGATED: $6.000.00 15A 1 TEM NO 150. SUPPLIES / SERVICES 15C. QUANTITY

10. UNIT ISE. UNIT PRICE ISF. AMOUNT e

I See Section B q

t 8710160129 871007 d

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NRC-39-88-160 PDg.

l 15G. TOTAL AMOUNT OF CONTRACT > $ 76,944.00 j

- 16. TABLE OF CONTENTS M l$EC. l DESCRIPTION lPAGE(S) V) lSEC l DESCRIPTION lPAGE ts) -

PA RT t - THE SCHEDULE PART ti-CONTptACT CLAUSE 5 A

SOLICITATION /CONTR ACT CORM l f l CONTR ACT CLAUSES l

8 SUPPLits OR SERVICES ANOPRICES/ COSTS 1

PART lit - Lf 57 OF OOCUMENTS, ExHistT$ AND OTHER ATT ACH.

C DESCRIPTION /SPECSjWORK STATEMENT lJ l LIST OF ATTACHMENTS l

D PACKAGING AND MARKING J

PART IV - REPRESENTATIONS ANO INSTRUCTIONS E

INSPECTION AND ACCEPTANCE j

K REPRESENTATIONS.CE ATIFICATIONS ANO F

DEllVERIES OR PERFORMANCE OTHER STATEMENT 9 0F OFFERORS G

CONTRACT ADMINISTRATION DATA L

INSTRS.CONDS.. AND NOTICES TO OF FE RORS H,

SPECJAL CONTRACT REQUIREMENTS M

EVALUATION FACTORS FOR AWARD CONTRACTING OFflCER Wili COMPL El E ITEM 17 OR 18 AS APPLICABL E D

CONTRACTOR'$ NEGOTIATED AGREEMENT (Contractor is re.

38.

AWARO (Contractor is not requirett to altn this aforw=*at i Your uled to stan mas document and verurn aurector eerees to turnun and usuver an items av perform en ene services setcopies to 4.suana otr#<e.)

of fer en So81dtation Numbe, RS-ARM-AR-16R inciuding the soditoons or enen,es maae ny you wher.n acostions ne chances a ?n ce otneewise toantifemt soove and on an cont 4nuatum sese cw-ometaan euted herein. The reents ano coEisanons of the os,ets toe the are set torth in tuu above. is hereby accepted as to one tiems listed above and t+es to this contract sneu be suuect to and povernea by eno sonowing cocuments:(a) this on any continuation sheets. Tn:s eware consummates the contract wnsen coa.

OwerO/ contract (D) the gonCitellon any, and (c) sucn Arovisionf. feofetenta.

sists of the sonowing cocuments: te) the Government s soucitanon and your Wa* con'*SetUm*On"eN so te'4 Ur,*ln*]"**"** *' '"**'**** *'

of fet, and (b) steH Swerd/ContreCt. fwo furtner contractual document is neces-i IDA NAME AND TeTLE Of'stGNEfGrype or pesn#)

,oA. N AMt' OF CONTRACT (NG OF FICER, s

ld D. Thompson m.~ ~ O,CO - CTOR

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,Page 2 of 3 The' following adruinistrative changes are incorporated as follows:

1..

'SectionLB.2.is completed to read at, follows:-

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'B.2 Consideration and Obligation a."

The tota 11 estimated amount of this contract (ceiling) for the-products / services ordered, delivered, a J accepted under this-s contract 'is- $76,944.00.. The Contracting Officer may unilaterally increase t*11s amount as necessary for completion ofL orders.placed with the Contractor.during the contract period :

pt ovided such orders are within any maximum ordering 1 imitation :

prescribed under:this contract.

. b.'

The annunt presently obligated with respect to this contract is

$.6,000.00. The Contracting Officer or other individual; specifically authorized under this contract may issue orders for

. work up to amount presently obligated. This obligation amount may

- be unilaterally increased from time to time by~ the Contracting Officer by written modification to this contract. The obligation.

qmount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid and payable' to the Contractor hereunder. shall-equal the obligation amount, the -

Contractor shall not be oMigated to continue performance of the work unless and until the' Contracting Officer shall increase the' amount obligated with respect to this contract. 'Any work undertaken by the Contractor in excess of the' obligation amount specified above is done so at the Contractor's sole risk.

2.

Section F.3 is revised as follows:

"F.3 Duration of Contract Period The contract shall' commence-on November 1,1987 and shall expire on October 31, 1989."

3.

Section G.1, paragraph a. is completed to read as follows:

"a.

The Contracting Officer's authorized representative hereinafter referred-to as the Projeit Officer for this contract is:

Name:

Eileen Chen Address:

Library Branch Division of Technical Information and Document Control Washington, DC 20555 Telephone No.: 301/492-3501"-

4.

Section G.5 entitled " Remittance Address" is deleted in its entirety and substituted with the following:

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

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Page 3 of 3 U.S. Nuclear Regulatory Commission Division of Accounting and Finance

' Office of Administration and Resources Management l

ATTN: GOV /COM Accounts Section Washington, DC 20055 To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

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

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

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

(4) Shipping and payment terms.

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

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

5.

Thechartlistedunder(k)(2)ofFPRTEMP. REG 76SERVICECONTRACTACT,onthe top of page 20 is completed as follows:

i Monetary Wage /

Employee Class Fringe Benefits l

Clerk Typist

$7.24

6. entitled " Wage Determination" under Section J.1 " Attachments" is completed as follows:

" Attachment Number Title 3

Wage Determination Number d6-1259" All other terms and conditions under this contract remain unchanged.

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"# N SOLICITATION, OFFER AND AWARD

'$"Di$N51 n"eo^;I'auo NA EFEN ous G1 1

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2. CONT R ACT No.
3. 50LICITATeON NO.

. s T YPE OF 50 LICITATION 5. D AE e55VLD

6. R E Q Vi5lT 80N/PU R C H# [

] A0VERTIEco peni No.

RS-ARM-88-168

] NEGOTI ATED (RFP) 6-29-87 ARM-88-168 M bIFBY

8. ADDR EST6F F E R TO (I/ o thes hen Isem 7A

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CODE U.S. Nuclear Regulatory ConiniSSion Division Of Contract $

1 Washington. DC 20555 NOTE: la edwericsd solicitations " offer" and "of'eror" rnoon "tzd" and "twdder

$0 LICITATION 0 Seeted offers en oregenet and 2

copies for furnishens tme suppises or servees in the Sce>edule will tu received at the owe speettled 6n lism 8. or if tendcerries.in thedeposeiory a.swd n.4550 Montaomery Avenue. B ethrsda MD untH2 00ernoceit,me 17-24-R7 i

sueert tosus conditsans contamed in this solicitation NC See Secten 1.frovision No. 62.214 7 or 52.21felo. All offers are sutnect to all terms and CAUTION - LATE Futamissions. Modif seetions. and Withdrawals:

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10. FOR lNFORMAf TON N"'/ -

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CALL:

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(301) 497-4731 3

,7 11.TAeLE OF CONTEN1 S_

j WilSEC. l DESCRIPTION lPAGE(S) U)lSEC]

DESCRTP' TION lPAGE(S)

PART f - THE SCHEDULE PA R T 11 - CONTR ACT CLAUSES X

A SOLICITATION /CONTR ACT FORM 1

Xl t l CONTR ACT CLAUSES l 14 X

B.

SUPPLIES OR SERVICES AND PRICES / COSTS 9

PART iss - List or bOCUMENTs. ExHestTs AND OTMER ATTACH.

y C

DESCRIPTION / SPECS / WORK STATEMENT 9

yl J l LIST OF ATTACHMENTS l 2 8.]

X D

PACKAGING AND MARKING fg PART IV - REPRESENTATtWil AND INSTetuCTION6 X

E INSPECTION AND ACCEPTANCE 6

REPRESENTATIONS. CERTIFICATIONS AND X

F DEllVE RIES OR PE RFORMANCE 7

X OTHER STATEMENTS OF OFFERORS 25 y

G CONTRACT ADMINISTRATION DATA 8

X L

INSTRS. CONDS.. ANO NOTICES TO OFF ER 31 I

1H SPECIAL CONTR ACT REOutREMENTS 11 X

M EVALUATION F/4 TORS FOR AWARO 19 OF F E R (Must be tut /y cornplored by otkrori 840TE: Isern 12 ebas_nas soply if the sohcetstaan includes the provisions et62.214-16.Menwnum Bid Acasotene Per6ed.

12 in comed.once with the above, the undersigned egrees,if this oHer is accepted within calender' days (60 eelander deFe $snlegd a dj[fsrent perded de inserfed er the efteror) from the date for receipt of offers specifeed stlowe, to furnssh eny or all isimu upon which precas are offered at the price set l

t copusste each item,delsvered at the des #onated pointtst withm the time specifeed in the sched;le.

13. DISCOUNT FOR PROMPT PAYMENT 3 0 '#'"# " _# 8 \\ # 0 '^'N#" D*D 30 "U^" #8 (see ensuen I, Cisner No. 62-tSt 8t K

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14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMEtJT NO DATE AMENDMENT NO DATE (The efferer erenowledese racedet of amend.

neense se the SOLICf1ATION for ofiercre end soleeed deresnente num4>e'ed and dared

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PRESS mTELLICENCE, INC.

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AND 7""5 1334 G Street, N.W.

u,,, pa,m d g,g Wachlagten, D.C. 20005

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NATURE 4 6. Of F E R opt E 163, TELEPHON E NO. (larinde ense 16C CHECK IF REMITTANCE ADDRESS LS O SU80!3?SR "C f8W"""

97WhMM r7/ o/ Cg Q~~i -78 &vP/o

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AW ARD (To be comptered by Governtrient) l 4/ M/

19. ACCEPTED AS TO 41EMA NuutERED to. AMovNT 2L ACCOUNTI G AND APPROeAlATlON

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22. SUDMtT INVOICES TO ADORESS SHOWN IN O ai u.s.c. 252<<> <

fd eseees asnesse otherwise seetifned) to U.S.C. 2304(3) (

)

  1. 4. ADMINi& TIRED BV (J/esher then frem 7)

CODE {

26. PAYWLNT WILL BE MADE BY CODE l

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36. NAME OF CONT R ACTING OF F eCE R (Type or priais
27. UNITED 8T A TES OF AMERICA as. Aw ARO D ATE (3&rnehese of Confractine OfficeN IMPOftTANT - Awwerd will tus made on this Fecm, or on Standsed Form 26, or try other euthorized offical sweerien notnee.

8EBII 763444.t634use STANDARD FORM 33 (REv.10433 33-152 PREV 40VS EOtTION NOT Lt&ABLE Prescraped Irv GEA

  • GPO i 1984 0 - 421-526 (25)

FAR (48 CF R) $3.214(t)

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$fANOAAD PotM 30,AVLV 8944

%""*4cL7','..'*ci,"I'.".g CONWMON SHER ARM-88-168 2

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litm NO.

SUMuts/Stev8Ct1 OVANTITY UNff UNff PflCI AMOONT SECTION B - SUPPLIES OR SERVICES AND h

bN PRICES / COSTS B.1 Brief Description of Work

@ bfM 1.

Same day-daily and weekend newspaper clippings 2,400 EA.

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in accordance with Section C.1.3., Paragraph A.

(Monthly estimate - 100 clips per month) 4/,M'0-08P 2.

National newspaper clippings in accordance 48,000 EA.

with Section C.I.3., Paragraph B (Monthly estimate - 2,000 clips per month)

  • SPECIAL NOTE: To prevent interruption of service due to the time lag in delivery of national clippings, the contractor shall be responsible for service covering the thirty (30) day period prior to November 1,1987, the effective date of the contract. Delivery of clippings for this period shall be made no later than 8:30 am eastern standard time, November 16, 1987.

3.

Monthly Reading (For items 1 and 2 above) 24 MO.

CO TOTAL AMOUNT:

o (See Section M.2, Bid Evaluation, for information pertinent to the above items.)

/

S In evaluating our charges, it must be taken into consideration that the messenger service charges to fulfill this contract will exceed $4,400.00; and the contractor must bear this i

expense.

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i ARF-88-168 PAGE 3 B.2 Consideration and Obligation.

a.

Thetotalestimatedamountofthiscontract(ceiling)forthe products / services ordered, delivered, and accepted under this The Contracting Officer may i '

contract is unilaterally increase this amount as necessary for completion of orders placed with the Contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.

b.

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

  • To be incorporated into any resultant contract.

Section C - Description / Specifications / Work Statement C.1 Statement of Work l

C.1.1

Background

The Library Branch of the NRC's Division of Infomation Support i

Services is responsible for providing senior NRC management with a summary of relevant news clippings in a capsule format. To accomplish this, the Library staff gathers news clippings and a

prepares the NRC Media Monitor for daily in-house distribution.

C.I.2 Objective To meet this requirement, the NRC requires the assistance and l

support of a national clipping service contractor in the gathering and clipping of news articles on a local and nationwide basis. The required clippings must be only those relevant to the NRC mission.

C.1.3 Specifications The contractor shall furnish all necessary qualified personnel, facilities, equipment and materials (including newspapers) unless otherwise specified herein, to perform the following:

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J ARM-88-168 PAGE 4 I

A.

Same-day Daily and Weekend Newspaper Clippings The contractor shall read and furnish original clippings of'all relevant information from the following newspapers, (including Saturday and Sunday issues) on a daily government workday basis:

- New York Times

- Wall Street Journal

- Washington Post Same-day clips shall include all relevant information in the newspapers, including that contained in syndicated columns,' local staff columns, editorials, and letters to the editor. (See Paragraph D below for a definition of " relevant information.") All same-day clips shall be prepared and delivered by 8:30 a.m., eastern standard time Monday through Friday, excluding national holidays and weekends. Weekend and holiday clips shall be delivered by 8:30 a.m.

eastern standard time on the first Government workday following the weekend or holiday.

B.

National Clippings The Contractor shall deliver to the NRC Library original clippings of all information appearing in each of approximately 4,000 daily, weekly, and weekend newspapers published throughout the United States, in accordance with the following schedule:

Tuesday - Friday of each week Within 20 days of publication Molday of each week Within 22 days of publication National holiday (Monday)

Within 23 days of publication The NRC recognizes that certain publications may routinely not reach the contractor in time for review and submission of clippings within the required period, despite the best efforts of the contractor. In these instances only, the contractor shall not forward such articles. Articles arriving at NRC beyond the acceptance period set forth in the above schedule will be rejected as unacceptable.

Clips shall include all relevant information including those contained in syndicated columns, staff columns, editorials, and letters to the editor. (See Paragraph D below for a definition of relevant infonnation.)

C.

Preparation of Clippings l

Preparation of clippings shall be accomplished by clipping the news j

article from the newspaper source and pasting the clipping on 81/2 x 11 inch, 20-weight white bond paper. There shall be a one-inch

(

margin on all four edges of the paper. Clippings may be mounted l

vertically or horizontally and shall be parallel to either the bottom or side of the paper. Clippings shall not be mounted diagonally nor at random. To the fullest possible extent, clippings l

1 h

s ARM-88-168 PAGE 5 I

shall be placed in columns running down the 11-inch dimension of the I

sheets. Clippings shall be placed on the mounting paper to fit as many as possible while leaving space between the articles and assuring readability. Above each clipping shall be placed the j

source and date of publication. The contractor shall insure that no duplicate articles are submitted. This is particularly possible with syndicated articles, but it may also arise in other items to be clipped. The Government will reject duplicate, non-applicable, illegible, incomplete, or undated clippings.

D.

Relevant Information The contractor shall use the following subject-item list as a source guide for the definition of relevant information. If an article deals with any of the following items, the contractor shall clip the article and furnish it es required above to the NRC, a.

NuclearEnergy(Exceptwhenrelatedtoweapons) 1.

Atomic energy 2.

Comercial nuclear power plants 3.

Manufacturing components for nuclear power plants Nuclearenergy(includingreprocessingandtransportation) 4.

Nuclear fuel 5.

6.

Nuclear power research and development 7.

Nuclear materials management (transportation and safeguards) 8.

Nuclear health and safety (regulatory only) 9.

Nuclear power

10. Nuclear power plant radiation, including environmental effects
11. Nuclear reactors and power
12. Nuclear safeguards
13. Nuclear waste management, storage, and transportation 14 plutonium
15. Thorium
16. Uranium
17. Emergency response preparedness / plans
18. Earthquakes and geologic / seismic hazards b.

Energy (Only When Related to Nuclear Power) 1.

National energy policy 2.

Air and water pollution related to production of electric power by nuclear plants 3.

Electric utility companies - plans, finances, rates, etc.

4.

Power shortages and conservation (blackouts, brownouts) 5.

Power transmission lines 6.

Projections, plans, policies, decisions, statistics 7.

Siting of nuclear and fossil fueled power plants 8.

Thermal pollution resulting from operation of nuclear facilities

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ARM-88-168 PAGE 6 c.

Agencies (When Related to Nuclear Matter; - Except Weapons)

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1.

Nuclear Regulatory Commission 2.

Environmental Protection Agency 3.

Dep6rtment of Energy

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4.

U.S. Congress 5.

Foreign and international atomic energy agencies d.

Miscellaneous

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Foreign countries' plans for utilization of nuclear materials or installation and operation of nuclear power reactors The contractor shall not clip advertisements, cartoons or comic strips even though they might contain details of those items under paragraph D. of Section C.1.3 above.

To meet NRC's requirements, the contractor is expected to read the entire contents of each newspaper except the obituaries, classified advertisements, and comics.

Section D - Packaging and Marking D.1 Packaging and Marking When Delivering a Product The Contractor shall package material for shipment to the hRC in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Connerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to mm 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.

Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destinat. ion.

E.2 FAR Citations 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR 1984)

(a) Definitions. " Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires, w

e 9

4 4

1 ARM-88-168 PAGE 7 (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the tem of the contract. The Government shall perfom inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services do not confom with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future perfomance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services perfomed.

(e) If the Contractor fails to promptly perform the services again or to contract requirements, the Government may (perfomance in conformity with1) by contrac take the necessary action to ensure future the services and_ charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

~

(Endofclause)

(R7-1902.41971NOV)

Section F - Deliveries and Performance F.1 Time of Delivery The following items shall be delivered in accordance with the below-listed schedule:

Item Quantity Delivery A. Same day Daily I set originals The contractor shall and Weekend deliver the clippings Clippings to NRC by 8:30 a.m.

eastern standard time each day excluding weekends and national holidays in accordance l

with Section C.1.3, Paragraph A.'

B, Nationwide 1 set originals The contractor shall I

Newspapers deliver the clippings I

to NRC by 8:30 a.m.

I eastern standard time each day excluding weekends and national holidays. Clippings shall be <ielivered no later than acceptance period set forth in schedule !mder Sectinn C.1.3., Paragraph B.

I i

ARM-88-168 PAGE 8 F.2 Place of klivery Items A and B will be delivered to the NRC in accordance with the

]

delivery schedule set forth in F.1 above at the following addrets:

Hand Deliver to:

U.S. Nuclear Regulatory. Commission 7920 Norfolk Avenue Bethesda, MD 20814 Attn: Library Branch F.3 Duration of Contract Period This contract shall commence on the effective date reflected in block 3 of the SF-26 and will expire months thereafter.

  • To be incorporated into any resultant contract.

~

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

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

l Name:

  • Address:

Telephone Number:

b.

The Project Officer is re.iponsible for:

1.)

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

2)

Inspecting and accepting products / services provided under the contract.

1 3)

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

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c.

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

To be incorporated into any resultant contract.

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.ed

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ARM-88-168 l

PAGE 9 G2 Method of Payment 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

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individua'l payment of $25,000 or less, b.

In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, the Contractor shall forward the following information in writing to the Contractin0 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 identifying number for routing transfer of funds.

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

6). Account number at Contractor's financial institution.

7). Signature and title of person supplying this information.

c.

In the event the Contractor's financial institution does not have access to the Federal Reserve Communications 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.

2). Contact person and telephone number.

3). Name and address of financial institution.

l 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 i

that has access to the Federal Reserve Communications System.

ARM-88-108 PAGE 10 i

i i

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

8). Telegraphic abbreviation of correspondent financial j

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 l

avoid payments to erroneous bank accounts.

l G.3 Payment Due Date, a.

Payments under this contract will be due 30 calendar days after the later of:

1)

The date of actuhl receipt of a proper invoice in accordance I

with the attached " Billing Instructions", or i

2)

The date the supplies / services are accepted by the Government.

b.

For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days l

after the date of delivery of these supplies or performance of the services in accordance with the terms of the contract.

l c.

If the supplies / services are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the provisions in paragraph b of this clause will apply to the new delivery of replacement supplies or performance of the services.

d.

The date of payment by wire transfer through the Treasury financial Communications Systems shall be considerei the date payment is made for individual payments exceeding W5,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.

G.4 Interest on Overdue Payments.

a.

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

b.

Determinations of interest due will be made in accordance with the provisions of tiie 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:

s

ARM-88-168 PAGE 11 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.

G.5 Remittance Address If item 15c. of the Standard Form 33 has been checked, enter the remittance address below.

Name:

Address:

Section H - Special Contract Requirements l

H.1 Private Use of Contract Information and Data 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.

H.2 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112) a.

Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor:

1). Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and 2). Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, b.

Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this clause.

,... ~. _.

ARM-88-168 PAGE 12-c..-

Work.for Others. Notwithstanding any other provision of this contract.during the term of this contract, the Contractor' agrees.

to' forgo entering into consulting.or other contractual arrangements with any firm or. organization,-the result of which.

may give rise to a conflict of interest with respect to the work being performed under this contract...- The Contractor shall ensure tnat 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 believec 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:

1 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 k'nowledge and

~

belief and except as otherwise set forth.in this contract, it does not have 'any organizational' conflicts of interest, as defined in 41 CFR 20-1.5402(a).

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

writing to the Contracting Officer. -This statement shall include a description of the action which the Contractor has 4

taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, teiininate the contract for convenience if it deems such termination to be in the best interests of the Government, e.

Access to and use of information.

1). If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.'93-579), or data which has not been released to the public the Contractor agrees not to:

1 (i) Use such information for any private purpose until the information has been released to the public;.

(ii) Compete for work for the Comission based on such :

'information for a period of six (6) months after either the completion of this contract or the release of such 1

information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on such information untii one year after the release of i

such information to the public, or i

)

e e

ARM-88-168 i

PAGE 13 (iv) Release the information without prior written approval by the Contracting.0fficer unless such intermation has previously been released to the public by the NRC.

2).

.. 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 infomation under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.

3.

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

that all requirements of this contract have been met.

f.

Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and I

" 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 j

such erroneous representations as necessarily imply bad faith, the i

Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be pemitted by law or this contract.

h.

Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in $20-1.5411.

H.3 Determination of Minimum Wages and Fringe Benefits.

Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under Wage Determination Number dated which is attached.

.H.4 Government Furnished Property / Materials - None Provided.

l The Government will not provide any(property / materials, notwithstanding anyprovisionsofthespecifications)tothecontrary.

l 1

ARM-88-168 PAGE 14 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.216-21 REQUIREMENTS. (APR1984)

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

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

(c) Except as this contract otherwise provides, the Government shall order l

from the Contractor all the supplies or services specified in the Schedule that j

are required to be purchased by the Government activity or activities specified l

in the Schedule.

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

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

(f) Any order issued during the effective period of this contract and not l

completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after.

(End of clause)

(R7-1102.2(b)19660CT)

FPR TEMP. REG 76 SERVICE CONTRACT ACT (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 other applicable provisions of the Act and regulations of the 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

,l

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ARM-88-168 PAGE 15 wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this l

contract.

.(2)(1)

If there is such a wage determination attached to thia <.ontract, the

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contracting officer shall require that any class of service emNyee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not perfomed by any classification listed in the wage determination). be classified by the contractor so as to provide a reasonable 1

relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such confomed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section.

(The information collection requirements contained in the following paragraph of this section have been approved by the Office of Management and Budget under OMB 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 disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting 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 subnit a report of the action, together with the agency's recommendation and 'all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or 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 the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a 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 fomula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard

- 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 detemina'. ions issued in the same locality. Basic to the establishment of any confomabla wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performet 9*

I ARM-88-168 h

PAGE 16 (B) In.the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where.a contractor succeeds a contract under which the classification in question was previously I

conformed pursuant to this section, a new conformed wage rate and fringe 4>enefits may be assigned to such conformed classification by indexing (i.e.,

adjusting) 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 contract which are listed in the current wage determination, and those a

specified for the corresponding classifications in the previously applicable

)

wage determination. Where conforming actions are accomplished in accordance

{

with-this paragraph prior to the perfonnance of contract work by the unlisted class of employees, the contractor stell advise the contracting officer of the action taken but the other procedures in paragraph (b)(2)(ii) of this section-need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v)(2)(1) and (ii) of this section shall be paid to all employees performing in The wage rate and fringe benefits finally determined pursuant to paragraphs (b) the classification from the 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 intercsted parties and/or finally determined by q

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.

I 1

(vi) Upon discovery of failure to comply with paragraph (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 l

1965 as amended, the tenn 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 be 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 contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or detennined conformably 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 l

-mu._--_____

r

ARM-88-168 PAGE 17 Labor Standard Act of 1938. Nothing in this provision shall relieve the i

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 to the Service Contract Act of 1965 as 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 prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 64.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after hearing as provided in $4.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 64.11 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 character similar in the locality, and/or 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, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such Comp. Gen. 401 (prior to or after the award of a contract or subcontract 53 issuance occurs 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 OMB control number 1215-0150).

i 4

1 i

ARM-88-168~

i' PAGE 18 (f)' The contractor or~ subcontractor shall not permit any.part of the services-called for by this contract to be performed in buildings 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:

'i 4he health or safety of. service employees engaged.to furnish these services, and the contractor or. subcontractor shall comply with the safety and health l s

standards applied under 29 CFR Part 1925.

u

-(g)(l.make and maintain for 3 years from the completion of the work records-1) The shal containingtheinformationspecifiedinparagraphs'(g)(1)(1)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 Wage and.

Hour Division, Employment Standards Administration of the U.S. Department of-

' Labor. (Sections 4.6(g)(1)(1)through(iv)approvedbytheOfficeofMenagement and Budget under 0MB control number 1215-0017 and sections 4.6(g)(1)(v) and.(vi) approved under OMB control number 1215-0159).

(i)_ Name and address and social security number of each employee.

l (ii) The correct work classification or classifications, rate or rates of monetary-wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of.

each employee.-

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

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

(v) A list:of monetary wages and fringe benefits for those 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' 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 have been furnished to the contractor pursuant to 64.61(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 or advance of funds until such violation ceases.

O

v I

ARM-88-168 PAGE 19 (4) The contractor shall permit authorized representatives of the Wage and Hour i

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 otherwisoprovidedbylaworRe$ulations,29CFRPart4), rebate,orkickbackor f

any account. Such payments sha 1 be made-no later than one pay period following-the end of the regular pay period in which such wages were earned or accrued. A pa.) period under this Act may not be of any duration longer than semi-monthly.

(i) The contracting officer shall withhold or cause to be withheld from the -

Government prime contractor under this or any other Governrant contract with the prime contractor such sums as an appropriate official of the Department of Labcr requests or such sums as the contracting officer decides mcy 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 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, j

take action 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 the?e clauses relating to the Sevice 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 &grees to insert these clauses in this 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 deened 3

te refer to the subcontractor, except in the tem " Government prime contracter."

(k)(1) As used in these clauses, the term " service employee" means any person engaged in the perfomsnce of this contract other than any person eoployed in a bona fide executive, administrative, or professional capacity, as those tems

- are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1

1976, and any subsequent revision of those regulations. The tem " 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 contract pursuant to section 2(a)(5) of the Act and is for informational purposes only:

{

I I

The following classes of service employees expected to be employed under the contract with the Government would be subject, if employed by the contracting i

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 2

benefits:

l 1

I ARM-88-168

)

PAGE 20 l

l l

MMetary imployee Class Wage / Fringe Benefits I

  • To Be Incorporated into resultant contract.

1

- (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 4

will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact tc the contracting officer, together with full information as to the application and accrual of I

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 connencing 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 j

agreements shall be reported promptly after negotiation thereof. (Approved by the Office of Manapment 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 perfomance of the succeeding contract and subject to a wage Q termination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (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 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 chall turf over such \\ist to the successor contractor at the i

commencement of the succeeding contract. (Approved by the Office of Management l

and Budget under 0MB 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 officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's finn 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.

d 1

D

1 i

ARM-88-168 PAGE 21 (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 Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 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, studant-learners, and workers whose earning capacity is wages lower than the minimum wages otherwise required by section 2(a)(yed at j

impaired by age, physical, or mental deficiency or injury may be oplo

1) or I

2(b)(1) of the Service Contract Act without diminishing an fringe benefits or cash payments in lieu thereof required under section 2(a)(y) of that Act, in j

2 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 the Administrator (29 CFR Parts 520, 521, 524, and 525).

(2) The Administrator will 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), apolying procedures prescribed by the applicable regulations issued under the Fair Lcbor Standbrds Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

J (3) The Administrator will also withdraw, annul, or cancel such certificates in j

accorrlance with the regulations in Parts 525 and 528 of Title 29 of the Code of i

Federal Regulations.

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l (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perfom when they are employed and individually registered in l

a bona fide apprenticeship program registered with 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 registered as an apprentice in an j

approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work i

a'.tually performed. The wage rates paid apprentices shall not be less than the wageratefortheirlevelofprogresssetforthintheregisteredprogram, expressed as the appropriate percentage of the 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 the ratio permitted to the contractor as to his entire work force under the registered program.

ARM-88-168 PAGE 22 (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 ti credited by the employer against the minimum wage required by section 2(a)ps(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor 4tandards Act and Regulations, 29 CFR Part 531: Provided, however; that the j

amount of such credit may not exceed $1.24 per hour beginning January 1,1980, l

and $1.34 per hour after December 31, 1980. To utilize this proviso-i 1

(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 i

pooling arrangement and regardless of whether the employer elects to take a I

credit for tips received):

)

(3) The employer must be able to show by records that the employee receives at least the applicable Sevice 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);

(4) The use of such tip credit must have been pennitted 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 the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, the employees or their representatives.

(FPR Temporary Regulation 76) 52.232-18 AVAILABILITY OF FUNDS. (APR1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(Endofclause)

(SS 7-104.91(a) 1962 SEP) 52.233-3 PROTESTAFTERAWARD(JUN1985)

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

ARM-68-168 l

PAGE 23

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l clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Upon receipt of the final decision in the protest, the Contracting Officer shall l

either--

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

(b) If a stop-work order issued under this clause is canceled either before l

or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, F

if--

L accordingly(1) The stop-work order results in an increase in the time required for, l

I or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

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

(e) The Government's rights to terminate this contract at any time are not affected t.y action taken under this clause.

(EndofClause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APP 1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section F 52.247-35 F.0.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES. (APR1984)

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j b' <

ARM-88-168 PAGE 24.

SectihnI'

'52.202-1 c DEFINITIONS. -(APR 1984):.

52.203-110FFICIALSNOTTOBENEFIT.-(APR'1984):

e 52.203-3LGRATUITIES. (APR1984)

. p

,52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT-

'(JUL1985)i St.214-29 ORDER 0F PRELLDENCE--SEALED BIDDING. (JAN1986) 52.215 EXAMINATIONOFRECORDSBYCOMPTROLLER. GENERAL..(APR1984).

52.215-26 INTEGRITY OF UNIT PRICES (JUL 1986)-

52.215-33 ORDER 0FPRECEDENCE.-(JAN1986)..

52.219-6 NOTICE OF. TOTAL SMALL-BUSINESS SET-ASIDE.-- (APR 1984) ii!

52.219?D, UTILIZATION OF SMALL-CUSINESS CONCERNS AND'SMaLL DISADVANTAGED BUSINESS CONCERNS.. (JUN 1985)

.52.219-13.. UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (AUG1986).

52.222-1. NOTICE TO THE GOVERNMENT OF.. LABOR DISPUTES. (APR 1984) 52.222 CONVICT LABOR. (APR1984)-

52.222-26 EQUALOPPORTUNITY.'(APR1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS(APR1984) 52.227-l'. AUTHORIZATION AND CONSENT. -(APR 1984) 52.227-2 ' NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR1984) 52.229 FEDERAL, STATE, AND LOCAL TAXES (AP4 1984) 52.229-5 TAXES--CONTRACTS PERFORMED.IN U.S.' POSSESSIONS.OR PUERTO RICO. (APR 1984) 52.232-1 PAYMENTS. (APR1984).

(JUL 1985) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT.

52.232-11 EXTRAS. (APR1984) 52.232-17 INTEREST. (APR1984)

.52.232-23' ASSIGNMENT 0F CLAIMS. (JAN1986) 52.233-1 DISPUTES. (APR 1984) 52.237-3 CONTIKUITY OF SERVICES. (APR1984)-

52.243-1 CHANGES--FIXED-PRICE. (APR1984)--AlternateI. (APR1984) 52.244-5'.' COMPETITION IN SUBCONT'RACTING. '(APR 1984) 52.246-25 LIMITATION OF LIA21LITY--SERVICES. (APR1984) 52.249-4~ TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)(SHORTFORM). (APR1984 DEFAULT (FIXED-PRICESUPPLYANDSERVICE)) (A j

52.244-8 e

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-ARM-88-168 PAGE 25 PART'III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Sectier J -. list of Attachments 4.1 Attachments Attachment Number Title 1

NRC Contractor Organizational Conflicts of Interest (41~

CFRPart20) 2 Billing Instructions 3

Wage Determination *

  • To be attached in resultant contract.

PART IV - REPRESENTATIONS AND INSTRUCTIONS Section K - Representations, Certifications and Other Statements of

'l Offerors or Quoters l

K.1 Organizational Conflicts of Interest l

I represent to the best of my knowledge and belief that:

The' award to of a contract or the modification of an existino contract does / / or does not / /

involve situations or relationships of the type set forth in 41 CFR $

20-1.5403(b)(1).

1 Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that I

situations or relationships of the type set forth in 41 CFR 6 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror l

shall provide a statement in writing which describes in a concise

)

manner all relevant factors bearing on his representation to the l

contracting officer. If the contracting officer determines that organizational conflicts exist, the following actions may be taken:

(1)

Impose appropriate conditions which avoid such conflicts.

- (ii) Disqualify the offeror, or (iii) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 9 20-1.5411.

1 (2) The refusal to provide the representation required by 620-1.5404(b) or upon request of the contracting officer the facts required by l

$20-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if l

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ARM-88-166

'PAGE 26 such nondisclosure or misrepresentation 's discovered after award, the i

resulting contract may be terminated. The offerc" may also be disqualified from subsequent relatea NRC contracts and be subject to.

such other remedial actions provided by law or the resulting contract.

The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP.unless the'RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment i

of the competitive posture of the other offerors, the proposal must be-rejected as unacceptable.

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

K.2 Certification Regarding Debarment Status.

The offeror hereby(s)ertifies by submission of this offer that it and c

any subcontractor that will be performing under this contract is not a debarred person or firm.

K.3 FAR Provisions 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. -(APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently,

- without, for the purpose of restricting competition, any consultation, communication,(or agreement with any other offeror or competitor relating to (i) those prices, ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or l

contract award (in the case of a negotiated solicitation) unless otherwise law; and required by(3) No attempt has been made or will be made by the offeror to induce any other concern.to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(2) above; or D

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a 7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a prcposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detennining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?

The ultimate determination by HRC as to whether organizational conflicts of interest exist will be made in light of conrnon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to.pfescribe in advance a specific method for avoiding all of the various situations or relationships which mig 5t involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call' for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurement, and research programs.

(b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:

(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.

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

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

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7590-01 l

(2) The contracting officer may request specific information from J

an offeror or contractor or may require special contract provisions such j

as provided in 1 20-1.5405-2 in the following circumstances:

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(i) Where the offeror or contractor prepares specifications which l

are to be used in competitive procurement of products or services covered by such specifications.

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

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procurement using such approaches or methodologies, j

(iii) Where the offeror or contractor is granted access to infonnation

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not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

information of its competitors.(iv) Where the offeror or contractor is granted I

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(v) the offeror or contractor in a conflicting role in which its judgme

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may be biased in relation to its work for the NRC or may otherwise f

i result in an unfair competitive advantage for the offeror or contractor, t

(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all t

l contractor organizational conflict of interest situations. (1) Example.

The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP.

The XYZ Corp. is one of several companies considered to be technically well qualified.

In response to the inquiry in the RFP, the XYZ Corp.

advises that it is currently performing similar analyses for the reactor _

manufacturer.

Guidance.

An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC.

Since there are other well-qualified companies availsble, there would be no reason for considering a waiver of the policy.

(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor.

companies responding to the RTP, the ABC Corp.As is the case with other technica projects for several different utility clients. is performing various None of the ABC Corp.

l projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.

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7590-01 Guidance. An NRC contract normatty could be awarded to the ABC Corp. because no conflict of interest exists which would inotivate bias with respect to the work. An appropriate clause would be included in I

the contract to preclude the ABC Corc. From subsequently contracting for

  • work during the performance of the NRC contract with the private sector l

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

from the performance of similar work for the comoeny developing the l

advanced reactor mentioned in the example.

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(3) Example. As a result of operating problems in a certair, type I

of comercial nuclear facility, it h imperative enet NRC secure specific j

data on various operational aspects of that type of plant se as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and' conduct the testing programs recuired to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.

Guidance. This situation would place the manuf4cturer in a role in

' which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of i

the policy may be warranted. Any such waiver shall be fully documentec and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms I

to guard against bias.

I (4) Example. The ABC Co. submits a proposal for a new system for l

evaluating a specific reactor component's performance for the purpose of l

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

has advised NRC that it intends to sell the new system to industry once i

its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

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Guidance. A contract could be awarded to the ABC Co. provided that l

the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless l

such information is generally available to others. Further, the contract j

will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.

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L 7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), ABC Corp. infonns the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.

Guidance. The contracting officer would nonnally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 120-1.5405-1(c) would preclude ABC Corp. from accepting work during the tenn of the NRC contract which could create a conflict of interest.

(d) Other considerations.

(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfonnance of a contract is not relevant to a detennination of the existence of such conflicts pNut--.to the award of a contract.

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

520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in detennining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.

1 (b) Representation procedure. The following organizational

)

conflicts of interest representation provision shall be included in all i

solicitations and unsolicited proposals for: (1) Evaluation services or i

activities; (2) technical consulting and management support services; (3) rescarch; and (4) other contractual situations where special organizational l

conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, how0ver, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.

6-

e 7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR S20-1.5403(b)(1).

(c) Instructions to offerors. The following shall be-included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are iavolved, or the contracting officer otherwise detemines that potential organizational conflicts exist,' the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer detemines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts. (ii) disqualify.the offeror, or (iii) determine that it is otherwise in the best inteW3F4f the United States to seek award of the contract under the waiver provisions of 520-1.5411.

(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 120-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awcrd; or if sur.h nondisclosure or misrepresentation is discovered after award, the resulting cor, tract may be teminated. The offeror may also be disqualifice from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

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

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

5 20-1.S405 Contract clauses s 20-1.5405-1 General contract clause l

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i 7590-01 I

i All contracts of the types set forth in 120-1.5404(b) shall include the following clauses:

(a) Purpose. The primary purpose of this clause is to aid in

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ensuring that the contractor: (1) Is not placed in a conflicting role l

because of current or planned interest (financial, contractual, organizational, j

or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by i

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 5 20-1.5402(f) in the actitities covered by this clause.

(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give-rise to a conflict of interest with respect to the work being perfonned"If5En this contract.

The contractor shall ensure that all employees who are employed full j

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 j

shall obtain the written approval of the contracting officer prior to i

execution of such contractual arrangement.

l (d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after awarri it discovers organizational 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 interests of the government.

q (e) Access to and use of information. (1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (i) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Comission based,

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7590-01 on such' information for a period of six (6) months after either the completion of this contract or"the release of such infomation to the public, whichever is first, (iii) submit an unsolicited proposal to the-9overnment based on such information until one ' year af ter the release of such information to the public, or (iv) release the information without..

prior. written approval by the contracting officer unless such information has previously been released to the public by the'NRC.

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

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

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(f) Subcontracts. Except as provided in 41 CFR 620-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and

" contracting officer " shall be appropriately modified to preserve the government's rights.

_(g) Remedies. For breach of any of the above proscriptions or. for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the. government may terminate the contract for default, disqualify the contractor from I

subsequent contractual efforts, and pursue other remedies as may be l

permitted by law or this contract.

i l

(h) Waiver. A request for waiver under this clause shall be 1

directed in writing through the contracting officer to the Executive f

Director for Operations (EDO) in accordance with the procedures outlined 1

in520-1.5411.

I20-1.5405-2 Special contract provisions.

(a)- If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with $20-1.5411 neutralized through the use of an appropriate special contract provision. If appropriate, the of feror may negotiate the tems and conditions of these clauses', including the extent and time period of any such restriction. These provisions include but are nat limited to:

.g.

_____.__________u._______.____-.______-___.m_

(1) Hardware exclusion clause", which prohibit the acceptance of production contracts following ; related nonproduction contract previously perfonned by the contractor; (2) Software exclusion clauses;

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(3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use.

(b) The following additional contract clause may be included as section (i) in the clause set forth in: 20-1.5405-1 when it is determined j

that award of a follow-on contract would constitute an organizational conflict of interest.

(i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's perfo mance, of work uder this contract. Furthermore, unless so dtrected in writing by the contracting officer, the contractor shall hot perform any technical

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consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or ser" ices of another firm if the contractor has been substantially involvmJ in the development or marketing of such products or services.

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

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

I 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of !20-1.5404(b) and other relevant information. Af ter evaluating this information I,

against the criteria of 120-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect I

to a particular of feror. If it has been determined tnat conflicts of interest exist, then the contracting officer shall eitner:

(a) Disqualify the offeror from award, l.

)

I 7590-01 1

(b) Avoid or eliminate such conflicts by appropriate measures; cr (c) Award the contract under the waiver provision of 120-1.5411.

120-1.5407 Conflicts identified after award.

i If poter4tial organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the governnent to terminate the contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict.

520-1.5403 (Reserved) 120-1.5409 (Reserved) 120-1.5410 Subcontracts The contracting. officer shall require offerors and contractors to submit a representation statement in accordance with f20-1.5404(b) from i

subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 120-1.5405 1

in consultant agreements or subcontracts involving performance of work i

under a prime contract covered by this subsection.

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i20-1.5411 Waiver In the first instance, determination with respect to the need to l

seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.

Such action shall be strictly limited to those situations in which:

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

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Attachrcant 1 7590-01 620-1.541?

Remedies

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In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentiona3 misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC rnay debar the contractor from subsequent NRC contracts.

Dated at..Washincton. D.Cthis 27th day of March

-1979.

For the Nuclear Regulatory Commission acw M w e Samuel;l ik Secretary o~f NFC5mmis sion 1

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.I (REVISED-4/87)

. BILLING INSTRUCTIONS FOR' FIXED PRICE CONTRACTS AhD PURCHASE ORDERS General.- The contractor shall submit vouchers or invoices as prescribed-herein.

)

Fonn. Claims shall.be submitted on the payee's letterhead, invoice or on; The Tovernment's Standard Fors 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for

Purchases Order Other Than Personal -- Continuation Sheet."- These forms are -

available from the Government Printing Office, 701 North Capitol Street, Washington, DC '20801.

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

Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.

Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be initialized. It must include the following:

(a) Payor's name and address. (1) Address the original voucher (with 4 copies) to:

U.S. Nuclear Regulatory Commission. Division of Acccunting and Finance,' ATTN: GOV /COM Accounts Sections, Washington, DC' 20555. (ii) Address 2 copies to:

U.S. Nuclear Regulatory Commission,' ATTN: E. L. Halman,-Director, Division of i

Contracts Washington, DC 20555. (iii) The' original copy of the l

. voucher should indicate that (2) copies have been forwarded to the Contracting Officer.

(b) Voucher number.

(c) Date of voucher, j

(d) Contract number and date.

t (e) Payee's name and address. (Showthenameofthecontractorand its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then insert the name and address of the payee.)

-l (f) Descriptier. cf articles or services, quantity, Unit price, and total amount.

Attachm2nt 2 g'

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

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

(i} Instructions to consignee to notify Contacting Officer of receipt I

of shipment.

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

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TEST PROCTOR Vigilant at all times in p'octoring examinatio,ns.

Prepare reports as requested.

Coordinates testing space in advanc.e.

Ensures that all suspense dates are met.

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Upon completion of testing, but prior to dismissing the I

examinee, the Test Proctor shall indicate the time that the test-was returned; check "PAGE CHECK AFTER TESTING:" and review the answer sheet for completeness.

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Expertise shall include experience in general office Experience within the data processing environment and familiarity with technical terminolo preparation of system documentation,gy and practices, e.g.,

i is highly desirable, Their function shall be to provide the necessary secretarial and clerical support as required.

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Duties may include use of a typewriter to make copies of i

various materials or to make out j

have been made by another person. bills after calculations j

Hay include typing of; stencils, mats, or similar materials for use in duplicating processes.

Hay do clerical work involving litt2e special training, such as keeping simple recordr, filing records and reports, or sorting and distributing incoming mail.

Duties may also include filing, classifying, and retrieving materials in an established filing system.

i clerical and manual tasks required to maintain files.May perform f

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