ML20236D546

Contract: Maint & Sys Support for PDR Bibliographic Search & Retrieval Sys Software, Awarded to Zonar Corp

ML20236D546
Person / Time
Issue date:	09/30/1987
From:	Danielle Sullivan, Wiggins E NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), ZONAR CORP.
To:
Shared Package
ML20236D542	List: ML20236D539 ML20236D546
References
CON-FIN-D-1212, CON-NRC-33-87-218 NUDOCS 8710280257
Download: ML20236D546 (41)

Text

-- -

J 1

,g - f_

l' .

1. THIS CONTRACT IS A R AM D ORDE R\ -

1. "# ^"'8 '

AWARD / CONTRACT

2. CON I R AC T (l'ruc ins t. / den t,) NO.

UNDER OPAS (15 CFR 350) 1l 4 J. EF F ECiiVL DATE 4. REQUIS1160N/ PURCHASE REQUE ST/PROJEC1 NO.

C NRC-33-87-218 10-1-87 ORM-87-218 j S. ISSUED aY .

[

6. ADMINISTERED BY (f/ other than / tem 5)

~---~

US Nuclear Regulatory Commission Division of Contracts - AR-2223 -

Washington, DC 20555

• i l

7. htAME AND ADDR ESS OF CON T H AC 7 0 4 (No.. s treet, city, coun ty, State and 21/' CodeJ 8. DELIV E R Y FOB ORIGIN OTHER (sce twlow; Zonar Corporation Attn: David E. Sullivan,' President 9. O'ScouNT FOR PaOMPT PAvMENT 2915 Hunter Mill Road Oakton, VA 22124 N/A

10. SUBMIT INVOICES .

(4 copics unless other- { TEM wisc specified) TO THE 12 CODE FACILITY CODE ADDRESS SHOWN IN

11. SHIP TO/M ARK F OR 12. PAYMENT WILL BE MADE BY US Nuclear Regulatory Commission US Nuclear Regulatory Comission Attn: Lynn Calvin, PDR, H-Street Lobby ARM / Division of Accounting and Finance

__ Washington uDC _20555_. _. _ _ _ . . . _ WaShinaton. DC 20555

13. AUTHOR 6TY FOR USING OTHER THAN FULL AND OPEN COMPETI- 14. ACCOUNTING AND APPROPRIATION DATA 31x0200.107 FIN: D1212 t o u.S c. 23o4 ten i

[X] 41 u.S C. 253tc)( 1 ) Obligate: $118,000.00 B&R: 10-20-25-06

' 15A. ITEM NO. 158. SUPPLIES / SERVICES 15C. QUANTITY 150. UNIT 15E. UNIT PRICE 15F. AMOUNT The Nuclear Regulatory Commission hereby acce )ts your offer to perf)rm "Mainten ance and ,

System S apport of the On-Line Bibliographic S aarch and Retri aval System (BRS)" is specified )

herein and in accordance with Zonar's proposa l dated July 31 ,1987 and revision s of Septem-ber 2 and 28, 1987, all of which are incorporated herein and made a part hereof .

l

' 8710280257 870930 PDR CONTR NRC-33-87-218 PDR 15G. TOTAL AMOUNT OF CONTRACT > $ 210.638. 36

16. TABLE OF CONTENTS V) } $EC. l DESCRIPTION lPAGE (S) V) l SEC. l DESCRIPTION lPAGE(S)

PART I-THE SCHEDULE PART il - CONT R ACT CLAUSES X A SOLICITATION /CONTR ACT FORM l l 1 l CONTR ACT CL AUSES l X B SUPPLIES OR SERVICES AND PRICES / COSTS 2 PART 111 - UST OF DOCUMENTS. EXHIBITS AND OTHE R ATT ACH.

C DESCRIPTION /SPECSJWOR K ST ATE ME NT XlJ l LIST OF ATTACHMENTS l4 D PACKAGING AND MARKING PART IV - REPRESENT ATIONS ANO INST RUCTIONS E INSPECTION AND ACCEPTANCE K REPRESENTATIONS. CERTIFICATIONS AND X F DELIVERtES OR PERFORMANCE 2 OTHER ST ATEMENT9 OF OFFERORS X G CONTR ACT ADMINISTRATION DATA 3 L INSTRS .CONOS AND NOTICES TO OF FE RORS X H SPECI AL CONTR ACT REQUIREMENTS 3-4 M EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABL E

11. 18. AWARO IContractor is not required to sian this document.) Vour f CONT RACTOR'S NEGOTlATED AGREEMENT (Contractor is re.

No'n$r ac' tor rktN$#"n1s#"an u n de7d"eI"att items or ce f or'eN a'i$ Un'e"'s"efv$c nNd$ng eINt o sYc'nanges made ey you wnich additions or cnanges k s'e ons d re on s$ ed her i The r gnts and iG on o the es to in hna co a uat n sheet's. Y a a c um aesn C t act wheen con ward / con ct ( ne s citat on, if any and (C) uch p v s o s ret rese f f or er ( s war 1/ nt Ct. u furtner con f act at cu et sn ces-tions. certifications, and specifications. as are attacned or incorporated by sary.

rettesnce nerem. lA ttachmente are listed herein.)

19A. NAME AND T IT LE OF StGNE R (Type or printJ 20A. NAME OF CON T R AC TING OF FICER

)$ ^ * '

D bSULLRlfW s @&lD6fr F CONT (A )R # 19C. DATE SIGNED E101s J. WigginS 20H. UNif Ep ST A T ES OF E RIC A 20C. OAT E SIGNEO BY .

. 1

_rson.uth.r n los. -

. _a (A B5 By b uns tu re .i C.r, tyin, 0,,rce,,

fg4e7 NSN 7540 01 157 8069 26-107 STANDARD FORM 26 (REY. 4-85) f PREVIOUS EDITION UNUSABLE _

Pegrggd D,y[y

3

'(. ,

.(

y NRC-33-87-218-  !

Pags 2' of 4 j.

1 1.- -

Section B.2, paragraph a., is completed to read as follon: '

a. 'The total estimated amount of this contract (ceiling) for.the work  !

' performed under this. contract is'$210,638.36. Of the' total. estimated '

ceiling amount, the amount of $115,638.36 represencs the ceiling for the. work to.be performed in accordance with paragraphs C.1 and C.2 of the contract which will be performed on a labor-hour basis.

Of the total estimated ceiling amount, the amount of $95,000.00

, represents the ceiling for the work to be performed in accordance with paragraph'C.3 of the contract entitled Task Orders which will be issued on a cost-reimbursement basis.

. 2. Section B.2, paragraph b., is completed to read:

b. The amount presently obligated with respect to this. contract is

$118,000.00. Of that total amount, $115,638.36 is obligated for performance of the labor-hour portion of this contract, and the amount of $2,361.64 is obligated for the task ordering portion of ,

this contract.

3. 1 Section F.3, Place of Delivery, is completed to read:

a. Project Officer (1 copy)

US Nuclear Regulatory Commission Contract Number: NRC-33-87-218 Office of the Secretary of the Comission

. 1717 H Street, NW - Lobby Washington, DC 20555

b. Contracting Officer (1 copy)

.US Nuclear Regulatory Commission Contract No. NRC-33-87-218 Division of Contracts - AR-2223 Office of Administration and Resources Management -

Washington, DC 20555 l

4. Under Section F.4, Duration of Contract Period, the first sentence is modified to read:

"This contract shall commence on October 1,1987 and expire on September 30, 1990, during which time task orders may be placed under this contract."

r Jg, j

~ '

pj) j'.

' +

-)

r 3 ,

}

k' 4 NRC-33-87-218

' Page 3 of 4'-

]

a

5. ' Sectio'n.G.1', Indirect Rates, paragraph a...is completed to-read:

'a.'- -Pendirig- the establishment of= final indirect rates which shall be negotiated: base _d on audit'of actual costs, the Contractor shall be a 4 . reimbursed for-allowable indirect costs' as follows: )

1 Category Rate (%) Cost Base Applicable' Period j GL

~

Overhead (IncludesFringe-Benefits)- Direct LaborL 10-l-87/9-30-90 o

G&A S Direct Labor,' 0verhead, and' -i Other Direct Costs 10-1-87/9-30 90'  ;

1

. 6'. . The following :Section.G.I.1, Loaded Hourly Rates, is added: 1 i

The following labor categories and loaded hourly rates shall be applicable'.

during the term of the contract: <

J Loaded Hourly Rates 1

'j Year 3*

Category Year 1 Year 2*

"- Senior Systems Analyst $80.37 $84.34 '$88.58

-General-Systems Analyst 51.41 53.98 -56;67 Systems' Programmer 70.33 73.84 77.53 Senior Programmer. 46.98 49.'32 51.78 i

Applications' Programmer 35.01 -36.75 38.59 j Junior Programmer 30.33 31.84 33.43 :

Apprentice Programmer 25.65 26.94 28.27 Database. Administrator. 40.29 42.30 44.42 '

Program Librarian- 25.65 26.94 28.27 l

-Documentation Specialist 46.50 48.83 51.27 Data Processing Secretary 19.93 20.92 21.97

• These rates are established as provisional rates for Years 2 and 3 of this. contract and may be adjusted by the Contracting Officer. Such adjustments shall be limited to DACC-approved provisional indirect rates and DCAA-approved labor rate escalation factors.

7. Section H.1, Key Personnel, is completed to include the following individuals:

i David E. Sullivan, President Patrick B. Sullivan, Systems Analyst / Systems Programmer Kathleen Bassilakis, Applications Programmer l

.r l

l NRC-33-87-218 Page 4 of 4

8. Section H.7, Determination of Minimum Wages and Fringe Benefits, is completed to include:

" Wage Determination No. 86-1255 and 86-1259 dated March 4, 1987."

9. Under Section J.1, Attachments, add:

Attachment No. Title 5 Wage Determination No. 86-1255 and 86-1259, dtd 3-4-87 All other terms and conditions remain the same.

r- -

o , j l

SOLICITATION, OFFER AND Af

2. CONT R ACl NO.

3D

3. 50LIC41 AT ION NO.

t l

' Y,Ne$i1Ni[/',^ "#jl " '"" " [ l 45 oc t ,

4. T YPE OF EOLIC41 ATION 5. OA' L 655VED 6. R E QUlbl T ION /PU R C H AS E

$1 AL( D BlO (if B) No.

R 3-0RM-87-218 )( g g co,,,, g o ,,,,, jyL 1 3 1937 n essvCO ev ORM-87-218 )

Coot l .. ADDR[ss OF F ER io ur oth,, th.n ="' "

All offers should be )

UeS. Nuclear Regulatory Commission addressed as indicated in Block 7; however, hand- {

Division.of Contracts carried offers (includes Express Mail and all j Washington. DC 20555 commercialdeliveryservices)mustbedelivered to the address in Block 9.  !

NOTE : in sealed bid sol.ciutions "of fer" and "of feror" mean "tsd" and " bidder"

• j SOLICITATION j

9. Seiled of fers in original and FOur (4) p handcarr.ed,in the depos iory socaied in G to,ntgomen

,,,n;,n;n, ,h,Eie%,ne o, ,ervices in the Scheduie wifi be receiwd at the piece specif.ed in eiem e. or uni,4 :00PM iocaisime ,1n1v 11. loa 7 I BetheSda, MD 20614 <Naare ' toose t j

CAUTION - LATE Submissions. Modifications, and Withdrawals:Se'e Seetion L, Provision No $2.214 7 or 52.21510. All offers are subject to all terms a) conditions contained en this solicitation.

10. FOR CALL:INFORMATION k Little

e. mWW % uneWe one Wet W NM mss {

Mary (301)492-7085 1

11. TABLE OF CONTENTS

(!)lSEC. l DE SCRIPTION lPAGE(S) W l SEC. l DESCRIPTION lPAGE(S)

PART I - THE SCHEDULE PART it - CONTR ACT CLAUSEE X A SOLICIT ATION/CONTR ACT F ORM l Xl 1 l CONTR ACT CLAUSES (24-36

-X e SUPPLIES OR SERVICES AND PRICES / COSTS 2-6 PART sie - Elst OF OOCUMENTs EXHIBITS AND OTHER ATT ACH.

X C DESCRIPTION / SPECS / WORK ST ATEMENT 6-10 Xl. 1 LIST OF ATTACHMENTS (37 X D PACKAGING AND MARKING 10 PART iv - REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 10 g REPRESENTATIONS. CERTIFICATIONS AND X F i DE LIVERIES OR PERFORMANCE 10-12 X OTHE R $TATEMENTS OF 0FFERORS 38-0 X o CONTRACT ADMINISTRATION OATA 12-18 L INS'i RS . CONDS., AND NOTICES TO OF F E RORS X H SPECIAL CONTR ACT REQUIREMENTS 18-23 M EVALUATION F ACTORS FOR AWARD 0F F ER (Must be tully completed by offeror)

NOTE Item 12 eeet not apply !f the scheitation includes the provisioru et $2.21416, M.namum Bad Acceptance Period.

12. In compliance with the above, the undersigned agrees. if this of fer is accepted within calendar days (60 celender days unless e differerd period is inserted 6y the offeror) from the date for receipt of of fers specif sed abo 4 to furnish any or allitems upon which prices are of fered at the price se

• Cpposite each item.delsvered at the designated point (s), within the time specif eed in the schedule

13. DISCOUNT FOR PROMPT PAYMENT 13 0 '^"" ^*D^*' #0 C#"" ^"U^** 30 '#"" ^"U^** ""U^*U^"

iSte Bertion I. Cieuse No. 62 232 0) of of  %  %

44 ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO DATE AMENDMENT NO.

IThe offeror ethnowleders receipt of amend. DATE snints to the SOLICITATION for offerors and rehted documents numbered and deced? ' ~

A S A. N AME CODE l l F'ACILITV l 16.gE A D TLE F PE RSON AUTHORIZED TO 5IGN AND ADDRES$

OF OFFEROR J bs. T E LE PHON L NO. (Include eres

'3 d'# js4 f. HECK IF REMITTANCE ADDRESS 17 6' GNAT un E le.OrFER OATE l$ DiF FE RENT FROM ABOVE . ENTER SUCH ADDRESS IN SCHE DUL.E AWARD (To be completed by Government) '

19. ACCEPTED A6 TO ITEMS NUMBERED 20. AMOUN T 21. ACCOONTING AND APPROPRI AT ON 22.gul ORiT y F OR U6tNG OTHE A TH AN F ULL AND OPEN COMPS 10

• 10 U.S C. 2304tc11 23 SUBMIT INVOICES TO ADORESS SHOWN IN !

i A1 u S C 253kn > to eoples untess otherwoot specntreds NMMINi&T ERED BY t/f other then Asem 71 CODE l 25. PAYMENT WILL eE MADE ev CODE l

26. N AME OF CONT R AC T ING OF F #C E R (TF#e O# Print) 2't. UNITED STATES OF AMERICA as.AWA DDATE t$nenature of Contrattene Offseert IMPORTANT - Award will be made on this Form, or on Standerd Form 26. or by other authorized of fscial written notice.

MSN 7540-01-152 4044 MEv40uS COITION NOT USAeLE 33'J 33 STANDARD FORM 33 (RE v. 4 86)

Prescrioerg by CS A F AR gas CF R) 6 3.214 (< 1 Q a51G6@- GhS2M

.l \

ORM-87-218 Page 2 Section B.- Supplies or Services and Prices / Costs B.1 Brief Description of Work

a. The contractor shall provide the necessary personnel, materials.

. equipment, and facilities to maintain the current Bibliographic Retreival System (BRS) software, investigate and resolve problems related to software failures, and provide system support. Software enhancements shall be provided as required on a task basis.

b. Orders will' be issued for work required by the NRC in accordance with 52.216-18 -. Ordering (APR 1984). The NRC reserves the right to withdraw a proposed order at any time prior to its formal award.

I Only Contracting Officers of the NRC or other individuals specifi-l cally authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all task order 5 issued hereunder.

{

B.2 Consideration and Obitgation.

i a. The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is *

. The Contracting Officer may 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 individuals 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.

c. A total estimated cost and fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order. The Contractor shall comply with the provisions of 52.232 Limitation of Cost (APR 1984) for fully funded task orders and 52.232 Limitation of Funds (APR 1984) for incre-mentally funded task orders, issued hereunder.

• To be incorporated into any resultant contract.

fb

! ORM-87-218 Page 3 Section C'- Description / Specifications / Work Statement l-l C.1 Statement of Work L

a.- Background (1)SystemEnvironment 1

The NRC- Public Document Room's' (PDR)' eight-year-old Bibliographic Retrieval System (BRS) is a resource used by the facility to assist in making the NRC's public documents more 4

easily identifiable and retrievable. At the end of CY 1986, l this Hewlett Packard (HP) 1000 minicomputer system contained {

about ' 995,000 variable -length, variable fonnat, bibliographic records describing the documents (letters, memoranda, ]

i multi-volume reports, engineering drawings, etc.) received . or i generated by.the NRC in performance of its regulatory function.

.The average size of these bibliographic records is about 600 characters . excluding inversion . overhead. The records in this database are searched for and retrieved through multiple access points using . Boolean Logic statements.: For more detailed tions of the current hardware and software see Sections descrip(2)and.C.I.a.(3),respectively, C.I.a. i The BRS primary database is updated via daily transaction tapes produced and provided by the NRC'S agency-wide Document Control System - (DCS) contractor. The DCS contractor catalogs, micro-films, and produces distribution control forms for both publicly and non-publicly available ducuments. The daily tapes contain 1 an average of 1,400. fixed length records of which about 330 are new records. Tbs ' remaining records represent updates, changes, or deletions to previously loaded records. Therefore, the PDR's . ,

database .is growing - at a rate of approximately . 7,000 new }

bibliographic records each month. The BRS system also contains other smaller support, tracking, and authority files (e.g.

password records, FOIA response tracking, and decoding informa- '

tion for values coded in the main bibliographic records.)

The data on the DCS daily transaction tapes are batch loaded at night into the BRS using a multi-module TRANSLATION program which performs error and consistency checks, prints error i messages, loads new records, changes old records, updates i inversion files, and, at the end of each run, prints system statistics. A special set of modules called the ANNOTATOR compares the words and phrases in the DCS title field against a computer-stored dictionary and posts searchable keyterms onto the BRS records when matches are found.

(2) Current Hardware The PDR/BR$ systems resides on a Hewlett Packard (HP)1000 Series E minicomputer. The system hardware is all manufactured by HP except for the Racal/Vadic modems. The HP hardware currently includes five 120MB disk drives, a 1600 bpi mag tape drive, one

o ORM-87-218 Page 4 character printer, one line printer, a dedicated control proces-sor, and one system console. The system supports ten hardwired  !

terminals located in the PDR, one dial-in terminal dedicated for use by the software support contractor, and four dial-in Ifnes used remotely by members of the. public and non-PDR NRC staff.

All of the hardwired terminals are HP CRT's with thermal printers. The dial-in lines are used by a mix -of HP terminals and PC's. The system has one megabyte of high performance memory.- See Exhibit A ~ for a system configuration. All of the hardware is owned by the NRC.

(3) Current Software The system runs under the HP RTE-IV-B operating system. The original database management system (DBMS) is a roprietary product of the ACCESS Corporation called IDCS p(Integrated Document Control System.) During the system's life, the DBMS  !

.. had been greatly modified to meet the NRC's needs. Also, the {

system has been greatly enhanced by the addition of special 1 application software modules which were developed specifically {

for and are therefore owned by the NRC. The NRC has approval from ACCESS Corporation to use, maintain, and alter their  !

proprietary DBMS. A section on licensing restrictions placed on the use of the DBMS and on any incumbent maintenance contractor is incorporated under this contract.

The IDCS DBMS is made up of about 260 modules consisting of '

approximately 87,000 lines of Assembler code and 3,000 ifnes of FORTRAN IV code. There are about 125 additional special appli-cation software modules. Approximately 90 of the special appli- 3 cation modules are written in FORTRAN IV and represent about j

15,000 lines of annotated code. The remaining special 1 application modules consist of 9,000 lines of Assembler code.  !

Most. of the special application modules were written in 1979. l Others have been written and integrated into the system in the  !

years since as modifications and enhancements were required. J The DBMS software is a concordance driven system and utilizes Key Sequential Access Method (KSAM) structure. The system provides all necessary functions to maintain and control access to the bibliographic records. Its attributes include:

• Record retrieval by both unique and non-unique keys

• " Inverted" file structure

• Comparisons of the value of any field of the '

record to a specified value l

• Range and truncation searching (

l

• Access and display of one or more records as a l result of single or multiple Boolean search  !

statements (AND, OR, and AND NOT) l

• Support of operator-generated changes to any data ,

or index fields l

• Full backup and restore capabilities l

• Dynamic allocation of disk space l

l

.c i ORM-87-218 'j Page 5 m

More detail on the software's capabilities is given in Section 2 of Exhibit B, The BRS Operations Manual.-  !

The BRS Operations Manual (Exhibit B). mentioned above and the Public User's. Manual (Exhibit C) are the manuals used by the PDR  ;

staff as they operate, use, and update' the system for the PDR. 1 The Operations' Manual reflects the types of operating functions performed by the PDR staff ' of non-ADP trained personnel. In sumary, the key ' operators on the POR ' staff are librarians  !

trained to:'

Load new records using the TRANSLATIONS and TLOD programs -i

• Alter the logic statements within the TRANSLATION program as required to reflect' changes in the indexing rules of the DCS system.

• " Reboot" and restart the system

• Create fields and file definitions Add and change password records, controlling the level of access for system users.

_ Interrupt and " break" normal processing tasks R "0FF" and "UP" LUs and EQTs

• Perform simple diagnostics to provide feedback to

.the contractor when problems arise ,

All of the above tasks are done under the direction of and with the advice and concurrence of the current system maintenance contractor._ <

The Public User's Manual (Exhibit C) is provided here to give more detailed information on the primary functions performed by the - BRS as' it functions as an on-line catalog to the PDR's document collection. In sumary, using simple comands and  !

Boolean connectors, the BRS creates "hitlists" of records which  !

can then be (a) reviewed at the CRT, one record at a time, (b) l sorted by various parameters, (c) printed at the tenninal, or (d) printed off-line at a system printer. The output device, <

format of the records, and the level of detail for each printout I are under the control of the searcher.

1 l

b. Assumptions About the Future It is the intent of the PDR management that the current BRS system )

will continue to grow and be maintained for the next two to three years. Also, enhancements to the current software are envisioned. l (1) Size of the Database j As stated before, about 7,000 new records are currently loaded each month. It is estimated that about 90,000 new records will 3 be added annually. Using that figure, it is expected that the i fifth 120MB drive will be completely loaded by mid 1987. The  !

PDR intends to purchase a 404MB drive to accomodate additional growth.

i

t; ,

o .

o ORM-87-218-Page 6 l t -

(2). Expected Hardware Purchases The- PDR intends. toL purchase in' (mid-1987) the- 404MB ' disk drive ' 0

,l mentioned Jabove. - an additional megabyte ofi main memory, an 'I additional . tape drive, and a new multiplexer. to allow additional i users. ,

I (3)'AdditionalSystemUsers The original BRS system installed in 1979 had only two hardwired

.CRT's and one character printer. Since then .eight additional hardwired terminals, four auto-answer modem lines, and a - line. .j

.c printer have been installed.. It is expected : that the : system - i

will continue to add users over the'next three years. d (4)SystemSoftwareEnhancements Beyond the software modifications required to "sysgen" in new equipment, the PDR management foresees several' capabilities 1 which will be needed to enhance performance of the system and.. l prov.ide needed services to users. ,

The PDR has had and expects to have a continuing need to modify, enhance, and/or update its system capabilities and perfomance.

The Government expects, but is not obligated, to. issue Task Orders under this contract for performance.of work outside the j

scope of normal software maintenance or system support. 1 (5) Operatino System Software Enhancements

. - The.PDR currently plans to upgrade the operating system software '

to RTE-VI' to support the hardware purchases discussed in para-graph (2) above.

-l f

' C.2 Statement of Work--Software Maintenance For the services required hereunder, the contractor shall provide the l necessary personnel, materials, equipment, and facilities to maintain current software, investigate and resolve problems related to software failures, and provide system support functions.

- The coverage for software maintenance and system support shall be normal working hours, from 8:30 to 5:00, Monday through Friday, exclusive of Federal. holidays. The Project Officer or the designee shall notify the contractor of any problem (s). The contractor shall be required to investigate and resolve such problems. System failures which disallow the search and retrieval functions and database updates which are the most critical must be addressed and, at a minimum, temporarily fixed or circumvented within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after notification. Final resolution must

. occur within 30 calendar days after notification. Final resolution of failures and bugs which do not disallow critical activities will depend on the severity of the problem, but must be addressed and fixed within no more than 90 days, unless a determination is made by the Project l l

I ORM-87-218 Page 7 Officer that the level of effort necessary to address the problem is not cost beneficial.

In providing system maintenance / system support, the contractor shall be i responsible for making the proper judgments regarding the resources l required to solve the problem (s) or perform the tasks. The contractor h 'shall respond to Software Maintenance problems or tasks in the following categories:

• Software Failure

,

• Database Analysis / Repair

• System Support

• Hp Software Maintenance Support

• Hardware Maintenance Support

• Documentation Clarification The Government reserves the right to set the priorities of problems to be addressed if multiple tasks conflict.

a. Software Failures A software failure is defined as a design defect in a software product which may result in the creation of one or more of the following conditions during the course of normal usage as described in user documentation:

System will no longer accept operator commands

• All program execution ceases and cannot be reinstated I/O ceases for one or more peripherals and cannot be reinitiated without restarting

• The system or the database cannot be retrieved Repetitive operator intervention is required to maintain system function Perfonnance of the product, as defined by the documentation, cannot be achieved. .,

When the contractor encounters a software failure, he shall investi-gate it, verify it, and determine the cause and the extent of the design defect. Once the cause and the extent of the design defect have been determined, the contractor shall, at a minimum, develop a temporary fix or a method of programing around the defect in order to allow continued operation of the system. The contractor shall then implement the necessary permanent revisions to the software to correct the defect within a period of 30 days after it is reported,

b. Database Analysis / Repair Database analysis / repair includes investigation of suspected data base damage, repair of damage, and steps necessary to prevent recurrence of such damage. Although procedures are in effect to save the entire data base on a periodic schedule, certain types of data base damage are not immediately detectable. Upon detection of any such damage, the contractor shall provide the necessary analysis

,x . .

1 ,

ORM-87-218'

), .

.Page BL l to L determine ithe - scope . of the damage . and: the approach to repair L which will.~cause the' minimum adverse impact'on operations.

Typically, fullJrestoration of the data base > from saved copies. is l not the best solution for even ' extensive' data base damage. and full restoration has never been performed since system installation. -l Rather, a combination of interactive repair and recovery of selected )

records from the. saved copies provides the least overall loss. '

Although ? programs are available' to facilitate this' process, they -

require extensive analysis of the data base and frequently call.'for development of "one-shot" programs to be fully effective.

'The contractor is expected. to. be. able to effect repair of the data base on a less-than-full restoration basis and to communicate to the i PDR technical representative the alternatives and expected impact of various approaches to data base repair.

The contractor shall also analyze any 'such damage as to probable l source (hardware ' or software) and recommend and develop software j and/or procedures to avoid future damage and/or minimize. Its impact  !

on'PDR/BRS operations, j l

1

c. . System Support .

System support is defined as routine technical support for the day- , J to-day operations of the;PDR system, including: I e

• l Assist' PDR' personnel.' in monitoring system growth -i

• Advise'on' implications of changes to the system

• Investigate and correct problems within the database associated with damaged files due to hardware or software failure or operator error

• Periodically verify the database.

Perform database compressions and. hardware sysgens as required. .

• Respond to technical. questions in response to external requirements

• Provide modifications in response to external changes and database growth

d. HP Software Maintenance Support The NRC has a Customer Support Service Agreement with Hewlett Packard (HP) for maintenance of. HP's Operating System software and firmware. Under this agreement. HP provides the NRC with new releases to its RTE operating system and " fixes" to problems with their sof tware/firmware. Because the PDR/BRS application software is ' dependent on the HP software, all proposed changes, revisions and  ;

" fixes" to the HP software /firmware must be reviewed, approved and installed by the BRS maintenance contractor. The NRC will provide these submissions from HP to the BRS maintenance contractor. The i contractor shall then evaluate the HP proposed software revisions to l determine applicability, useability, and impacts on the BRS system. '

1 1

1

p  ;

$^ -ORM-87-218 Page 9 i The contractor - shall; report the ' results . of this evaluation in .

i writing within' 30 days 'from : the date received. The NRC shall' l respond to this evaluation within one week. l

If the contractor determines that the HP revisions 'are beneficial,

, , he'shall reconsnend installation.- Upon NRC approval, the contractor L shall install the changes as soon' as possible, with a date due' not

.to exceed ' thirty days from the date of, evaluation report to NRC. - .!

'Exce) tion: . If the submission is a "fix" to resolve a problem /" bug" '

whic1 affects the BRS system's search / retrieval and/or database update functions, the change shall be evaluated and installed within.

one week of date' received ' by the contractor. If the contractor ]

determines that the . proposed HP revision: should not be installed, the contractor shall justify this detennination in writing.

The Monthly Status Reports shall be used as the vehicle for written  ;

documentation of receipt and resolution of proposed HP changes. If BRS application programs must be modified to accommodate these changes,"such changes must be documented as specified in Section F

.(Deliverables)

e. Hardware Maintenance' Support

.The contractor shall' provide analysis of any reported problems to 1 determine whether they are caused by hardware or software. If  ;

hardware, the contractor'shall provide an adequate description of l the problem and suspected hardware failure to allow NRC personnel.to accurately describe the nature of the problem to the HP' hardware I maintenance contractor. '!

The contractor shall validate and examine. the effects on software and the database of any repairs to or changes in the hardware con-  !

figuration of the BRS done by HP technicians. He shall also support HP repairs and changes by running tests or diagnostics to assure the acceptability of such alterations .for the proper operation of the BRS system.

f. " Documentation Clarification 1 i

documentation Clarification may be defined as the necessary addition l of information to, or refinement of, existing documentation in order '

to clarify a particular aspect of a software product's performance.

A documentation clarification may also be defined as a typographical ,

error, a statement which is made that is clearly not intended,' or a statement which is ambiguous or no longer valid. In the case of documentation clarification, the contractor shall issue appropriate clarifications in the form of replacement pages/ sections in existing PDR manuals.

When work performed under 2.a. through 2.f above causes changes to operations as described in the Operations Manual or in the User's Manual, the contractor shall provide replacement pages to

po 1 ,

]

h .

- , ORM-87-218

y.

• Page 10 those manuals reflecting those" changes' within - 30 days after the-g .

change p

C.3 Task Orders.

The contractor 'shall provide. the necessary. personnel, materials, equip-ment, and facilities, on a negotiated task order basis, to'substantially-

. enhance the PDR BRS -system. . . Task order work may include tasks such as .

' feasibility and cost benefit analyses, systems analysis, systems design, I program development and testing, development of new system de 9menta-

~

I tion, training . testing and evaluation.

, Programming / software Jpport I may ' involve major modifications to existing programs or developing new 1 modules. The NRC shall, issue task orders under this contract' for the 1

services in accordance with the procedures set.forth under Section. G.

Section D'- Packaging and Marking i

'1

, D.1 Packaging and Marking When Delivering.a Product The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Inter-state Commerce Commission Regulations, Uniform Freight Classification; i Rules, 'or regulations of other carriers as applicable to the mode of -!

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

~

l 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 0fficer at the destination.

Section F - Deliveries and Perfonnance F.1 Reports, Documentation and Other Deliverable End Items "

1

. All technical reports required by Section C and all Technical Progress l Reports required by Section F are to be prepared in accordance with the attached NRC. Manual Chapter 3202. NRC Manual Chapter 3202 is not applicable to the Financial Status Report.

I 1 1

i

1 l ORM-87-218 Page 11 '

F.2 Technical Progress R2 port-The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report ' period and shall identify the title of the project, the' contract number, project manager and/or principal investigator, the contract period of performance, and the 1 period covered by the report. Each report shall include the following:

a. A listing of the efforts completed during the period; milestones i reached or,. if missed, an explanation provided;

b. Any problems or delays encountered or anticipated and recommenda-tions for resolution; (if the recommended resolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, the Contractor shall submit a '

separate letter to the Contracting Officer identifying the required change and estimated cost impact). '

c. A summary of progress to date; and

d. Plans for the next reporting period. l F.3 Place of Delivery..

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

+

a. Project Officer (1 copy)

U.S. Nuclear Regulatory Commission  :

Contract Number:

• l Office of *  !

Division of * .!

Mail Stop:

• i Washington, D.C. 20555  : '

b. Contracting Officer (1 copy)

U.S. Nuclear Regulatory Commission Contract Number:

• Office of Administration  !

Division of Contracts Contract Administration Branch Mail Stop: AR-2223 Washington, D.C. 20555

• To be incorporated into any resultant contract.

8

_-_.___-___-_-__--_a

f ORM-87-218 Page 12 F.4 Duration of Contract Period.

The ordering period for this contract shall commence on the effective date reflected in block 3 of the SF 26 and will expire

• months thereafter. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering (APR 1984)).

• To be incorporated into any resultant contract.

Section G - Contract Administration Data G.1 Indirect Rates

a. Pending the establishment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:

Category Rate (%)- Cost Base Applicable Period Overhead Fringe Benefits G&A Other:

b. The Contracting Officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the Contractor. It is the Contractor's responsibility to notify the Contracting Officer in accordance with 52.232 Limitation of Cost ((APR 1984) or 52.232 Limitation of Funds (APR'1984), as applicable, if such change (s) affect (s) performance of work within the established cost or funding limitations.

G.2 Projec t Officer Authority,

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

Name: Lynn Calvin Address: 1717 H Street, N.W. - Lobby Washington, DC 20555 Telephone Number: (301)634-1471

b. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer. The term " Technical Direction" is defined to include the following:

1). Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual statenient of work.

2). Providing advice and guidance to the Contractor in the prepara-tion of drawings, specifications or technical portions of the work description.

y 1 m

' \

ORM-87-218 Page 13-3).. Review and, where required by the contract, approval of techni- .

. cal reports. drawings specifications and technical'information to be delivered by the Contractor to the Government under the

-contract.

c. Technical direction must be within the general statement of work stated in the contract. The . Project Officer does not have the ,

authority to and may not issue any. technical direction which: i 1). Constitutes an assignment of additional work outside the general I

. scope of the contract.

2). Constitutes a change as defined in the " Changes" clause of this ,

contract.  !

3). In'any way causes an increase'or decrease in the total estimated contract cost, the fixed . fee, if any, or the time required for contract performance.

-4). Changes any of the expressed terms, conditions or specifications ,

of.the contract.

5). Teminates.the. contract or settles any claim or dispute arising ,

under the contract, or issue any unilateral directive whatever. i i d. All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person in writing within ten (10) working days after verbal issuance. A copy of said written direction shall be submitted to .the Contracting Officer.

e. The Contractor shall proceed promptly with the perfomance of t

' technical directions duly issued by the - Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause.

n

f. If, in the opinion of the Contractor, any instruction or direction issued by.the Project Officer is within 'one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract ,

accordingly. Upon receiving such notification from the Contractor, I the Contracting ' Officer shall issue an appropriate contract i rrtdification or advise the Contractor in writing that, in the I

(:ntracting Officer's opinion, the technical direction is within the

' scope of this article and does not constitute a change under the Changes Clause,

g. Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's I performance, and may even result in the Contractor expending funds  !

for unallowable costs under the contract. l 1

L b_____ ___1________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . . . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ _ _ . _

i ]

y ,

1 1

,' ORM-87-218 '

, Page 14 _l

h. 'A failure of'the parties to agree upon the nature of the instruction .!

, or -direction or upon the contract action to be taken with respect' {

thereto shall be subject to 52.233 Disputes (APR1984). . -l c i

.i. In addition to providing technical direction as. defined 'above, the I Project Officer is responsible for: l 1). Monitoring the Contractor's technical progress, including.

surveillance and assessment of performance, and recommending to  !

the Contracting Officer changes in requirements. '

j 2). Assisting the' Contractor in the resolution of technical prob 1' ems- l encountered during performance. 1 s

3). Reviewing all costs' requested for reimbursement by Contractor l and submitting to th'e Contracting Officer recommendations for 1 approval, disapproval, or suspension for supplies and services 1 required under this contract. 'j l

To be incorporated into any resultant contract. .j G.3 Method of Payment

a. Payment under this contract will be made' by wire transfer through the Treasury Financial Communications System for each individual f c

payment in excess of $25,000 and by Treasury check for each indi-  !

vidual 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 writinc to the Contracting -

Officer within seven days after the effective rate of the contract.

1).Nameandaddressoforganization.

2). Contact person and telephone number.

3).Nameandaddressoffinancialinstitution.

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.

l. c. In the event the Contractor's financial institution does not have l access to the Federal Reserve Communications System, the Contractor t

shall forward the following information with regard to a correspon-dent 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.

. n D.

)

ORM-87-218 l Page 15 {

j 1 11).' Name and address of organization. 'I 2). Contact person and telephone number.

3).'Nameandaddressoffinancial-institution.

4). Telegraphic abbreviation of Contractor's financial institution. I l

u 5)'. Account number at Contractor's financial institution.

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

7). Correspondent financial institution 9-digit ABA identifying- '!

number for routing transfer of funds. I 8). Telegraphic abbreviation of correspondent financial-institution.

9). Signature and title of person supplying this infomation.  !

d. Any changes to the information furnished under this clause shall be furnished 'to the . Contracting Officer in writing.- It is the-Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

' G.4 Payment Due Date.

a. I Payments under this contract will be due 30 calendar days after the j later of:

]

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

2) The date the final deliverable product / service is accepted by the Government. l

b. For the purpose of determining the due date for peyment and for no

.other purpose, acceptance will be deemed to occur 30 calendar days .

after the date of delivery of the final deliverable product / service {

performed in accordance with the terms of the contract.

c. If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph b of this clause will apply to the new delivery of the final product / service.

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

l.

m.

J ORM-87-218 '!

Page 16 l

. G.5 . Interest on 0verdue. Payments. >  !

a. The' Prompt Payment Act, Public Law 97-177(96 STAT.85,31USC1801) is . applicable to payment of the expiration invoice under this l

contract and requires ~ the payment of interest to Contractors. on overdue payments of the expiration invoice or improperly taken i

' discounts, b.. Determinations of interest-due will be sede in accordance with the-  !

provisions of the' Prompt Payment Act and .0ffice of Management and  !

Budget Circular A-125, Vol. 47 Federal Register 37321, August 25. -

1982. Among other considerations, OMB Circular A-125 provides that:

1) Interest penalties are not required when payment is . delayed' .i because of a disagreement over the; amount of payment or other -l issues concerning compliance with the terms of the contract. -l

2) Whenever a proper invoice is paid after.the due' date plus 15 l days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed J from the day after the due date through the payment date.  ;

c. For purposes of this clause, an expiration invoice 1s defined as a

~

claim submitted for costs incurred for. performance through -the expiration date of a Cost Type contract.

]

G.6 Remittance Address i

If item 15c. of the Standard Form 33 has been checked, enter the i remittance address below. l 1

Name:

Address: l l

1 l

l

'i t ,

1

, . j ORM-87-218 -1

, -Page 17

]

- G.7 Task Or'd er Procedures' A. Task Order Request for Proposal j When a requirement within the scope of work for this contract is identified, the Contracting Officer will transmit to the Contractor' ,

1

^

a Task Order Request for Proposal which will include the following, as appropriate:

4 1. Scope of Work / Meetings / Travel and Deliverables. l 2 . Reporting Requirements, j 3 . Period of Performance - Place of performance.

4 . Applicable Special Provisions.

5 . Technical Skills Required.

6 . Estimated Level' of. Effort. J B. Task Order Proposal ]

By the date specified in the Task Order Request for Proposal, the Contractor shall deliver to the Contracting Officer a written Task Order . Proposal that provides the following technical and cost infomation, as appropriate:

1). . Technical Proposal Content.

a). ' A . discussion of the scope of work requirements to substantiate the Contractor's understanding of the require-

-ments of the Task Order and the Contractor's proposed method of approach to meet the objective of the order. 1

'b). Resumes for professional personnel proposed to be utilized in the performance of any resulting task order. Include educational . background, specific pertinent work experience and a list 'of any pertinent publications authored by the individual. 1 c). Identification of administrative support personnel and/or 7 facilities that are needed to assist the professional personnel in completing work on the task order.

d). Identification of Key Personnel" and the number of staff hours that will be committed to completion of work on the Task Order.

2). Cost Proposal The Contractor's cost proposal for each Task Order shall be l prepared using the Standard Form 1411, Contract Pricing Proposal  !

cover sheet. A copy of the form and instructions are attached I to this contract. Each Task Order cost proposal shall be fully I supported by cost and pricing data adequate to establish the  !

reasonableness of the proposed amounts. When the Contractor's {

estimated cost for the proposed Task Order exceeds $100,000 and I the period of performance exceeds 6 months, the Contractor is l 1

.c .

y, ..

s :. > me r s

.s

)

n; g% ,.

I

.o r ,

" ' ' 3* -ORM-87-218-1 y, f  :,- ~Page 18 required to submit'a $pendNg P1'an as part of'its cost proposal.

- Guidance. for. completing- the Spending Plan will be provided with  !

, the Task ~ 0rder Request for Proposal.

y, a  !;

c. Task Order Award ' .L o The. Contractor shall perform all work desctibed in definitized Task,

. Orders . issued by' the, Contracting Officer. ' Definitized Task ' Orders will-include the following- ,

1. Statement of Work / Meetings / Travel and Deliverables. ,

.2 . Reporting' Requirements. i 3 . Period of Performance..

4 . Key Personnel.

5 . Applicable Special: Provisions.

6 . Total Task;0rder Amcunt.

SectionHl.SpecialContractRequiritments

.H.1l . Key Personnel 4

a. The L following individuals are considered to . be essential to the

. successful pafonnance of the work hereunder. 4 The Contractor agrees that such personnel shall not be removed from  !

the contract work or replaced without compliance with paragraphs b and c herecf.

b '. If one or more of the key personnel for whatever reason becomes,'or

.is expected to become. unavailable for work under this contract for a continuous period exceeding -30 work days, or is expected to devote .,

substantially less effort to the work than indicated in the proposal  !

or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall subject to the concurrence of the

- Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

c. All requests for approval of substitutions hereunder must i be in writing and provide' a detailed explanation of the circum-  !

stances. necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such

. requests'and promptly notify the Contractor of his/her approval or y E disapproval thereof in writing. j

d. If 'the Contracting Officer determines that suitable and timely replacement'of key personnel who have been reassigned, terminated or  !

hue . Otherwise become unavailable for the contract work is not i reasonably forthcoming or that the resultant : reduction of productive  !

effort . would .be so substantial as to impair > the successful j completion of the contract or- the service order, the contract may be ~

i

=__ _ _ _ _ _ _ _ _ _ _ _ _ -_ _ _ _ . . _ . l

c '

x ,.

ORM-87-218

[7 Page 19 terminated by the Contracting Officer for default 'or for the conve- i nience of the Government, as appropriate, or, at the discretion of 1 the Contracting Officer if he/she finds the Contractor at fault for the condition, the. contract price or fixed fee may be equitablyL ad,iusted downward to compensate the Government for -any resultant delay, loss or damage..

l L

• To be incorporated into any resultant contract '

H.2 Safety,' Health, and Fire Protection.

.The Contractor shall take.all reasonable precautions in the performance of- the' work under this contract to- protect the health and safety of a

" employees and- of members ~of the public and to minimize danger from all -

hazards. to. life; and property, and shall comply with all applicable health, sa fety, and- fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor. .In the event that the Contractor ' fails to comply with said .

regulations or requirements, the Contracting Officer may, without .I prejudice to any other legal. or contractual rights of the Commission, ,

issue an order stopping all or any part of. the work; thereafter, a start. '

order for resumption of work may be issued at the - discretion of the Contracting Officer. .The Contractor shall make no claim for an exten-sion of time or for compensation or damages by reason of or in connection with such work stoppage.

H.3 Dissemination of Contract Information.

The Contractor shall comply with the requirement of NRC Manual Chapters

' 3202 and 3206_regarding publication or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall te grounds for termination of this contract. 1 H.4 Private Use of Contract Information' and Data. w Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data dt. vel-  !

oped or acquired by or furnished the Contractor in the performance of 1 this contract, shall be used only in connection with the work under this contract.

1 H.S. ' Drawings, Designs, and Specifications.

All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto , shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afFeded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional

ORM-87-218

, Page 20 compensation and shal1~, subject to the right of the Contractor to retain j

-a copy of said material for its own use, be delivered to the Government, j or otherwise. disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the' Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provi.sions, if .any, of this contract.

{

H.6 . 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 D

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.

c. Work for Others.- Notwithstanding any other provision of this contrat.t 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 that all employees who are employed full time under this contract and employees des-ignated as key personnel, if any..under this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or'other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of- the Contracting Officer prior to execution of such contractual arrangement.

d. Disclosure after award.

1). The Contractor warrants that to the best of its knowledge and i belief and except as otherwise set forth in this contract, it 1 does not have any organizational conflicts of interest, as  !

defined in 41 CFR 20-1.5402(a). j 2). The Contracur agrees that if after award it discovers j organizational conflicts of interest with respect to this  !

contract, it shall make an imediate and full disclosure in  !

writing to the Contracting Officer. This statement shall 1 include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. ,

I

'Q;q '

t >

.,, ORM-87-218

( Page 21-The NRC may, however, terminate the contract for convenience if

' it. deems such termination to be in the best interests of the l Government.

.]

i e 'e.. Access to and use of information.

{

1). If the Contractor in the performance of this contract obtains -J access to infomation, such as NRC plans, policies, reports. I

. studies, financial plans, internal data protected by the Privacy J Act of 1974 (Pub. L.93-579), or data 'which has not been released to the public, the' Contractor agrees not:to: l (i) Use. such information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on such  !

information for a period of six (6) months after either the '

completion of this contract or the release of such infonna- t

tion to the public, whichever.is first; (iii) Submit an unsolicited proposal to the Government based .;

on such information until one year after the release of such

~

information to the public, or  ;

(iv) Releas'e 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 confiden-

, tial or privileged technical, business, or financial information under this contract, the Contractor shall treat such infortnation in accordance with restrictions placed on use 6f the information.

3. The Contractor shall have, subject to patent and security

, provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.  ;

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

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

9 Remedies. For breach of any of the above prescriptions or for ,

intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for '

such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

f 1 ORM-87-218

!. Page 22

h. Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 920-1.5411.

H.7 Determination of Minimum Wages and Fringe Benefits .

l l Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable mone- \' __

tary wage and fringe benefits prescribed under Wage Determination Number dated .

H.8 Government Furnished Property / Materials - None Provided.

The Government will not provide any property / materials, notwithstanding any provisions of the specification (s) to the contrary. (_ ._

-

• To be incorporated into any resultant contract. [

H.9 Rights to Computer Software The software to be maintained and supported as defined in the Scope of Work is made up of:

1. The proprietary Hewlett-Packard (HP) RTE-IVb Operating System

2. The proprietary ACCESS Corporation Database Management System (DBMS) entitled IDCS (Integrated Document Control System)

3. The NRC-owned special application software modules developed prior to the start of the period of performance of this contract, and

4. Any software developed or generated under this contract.

For software identified in items I and 2 above, the contractor shall abide by any and all restrictions to protect the proprietary nature of the HP and ACCESS software.

For NRC-owned software identified in item 3 above, the Government, for itself and such others as it deems appropriate, has unlimited rights. '

The Government, for itself and such others as it deems appropriate, will have unlimited rights in computer software specifically developed or generated (i.e., designed and developed) under this contract, provided such software is identified as a separate line item and unlimited rights are specified. Unlimited rights under this contract are rights to use, duplicate, or disclose software data, in whole or in part, in any manner and for any purpose whatsoever.

For software not specifically developed or generated under this contract, the Contractor may restrict the Governmert's rights therein.

The fact that the total complement of software involved may incorporate some elements of software to which the Government has unli.nited rights shall not affect the Contractor's authority to impose restrictions on

g ,

1

'i

• i ..

ORM-87-218 s

Page 23 the Government's rights. As a minimum, however, the Government will-have the right to:

(1)Haveunlimiteduseofsuchsoftwareoncomputersystem(s)forwhich or with which it is acquired.

l' (2) Use such software with a backup system if the system for which or with which it was acquired is inoperative because of a malfunction, an emergency, change (s) in engineering performance, or change (s) in computer features or models.

(3) Use such' software'with .the' computer at any Government insta11a' tion l to which the computer may be transferred by the Government.

l (4). Copy computer software for safekeeping (archives) or backup.

! purposes.

(5) Modify such software of combine'it with other programs or material.

All modifications by the Government will be created as stated in (a) above. However, any.such modification shall not change or limit the

' Contractor's rights with respect to such software in its . original, modified, or combined form. If software defects result from_ program I

portions which have been added or modified by the Government, then i the Government, not the vendor, is responsible for any resulting adverse effects.. However, if vendor provided portions are defective, then the vendor is responsible for providing the software {

support and/or operating software malfunction credits as specified elsewhere in the contract. -

'(6)Retainunlimitedrightstothepartthatitowns.

Nothing contained herein shall be construed to restrict or limit any right which the Government possesses or may acquire from other sources in the above software of software data or its use.

1

_ _ _ . . _ _ _ . _ . __________U

4 L"

)

.ORM-87-218 Page 24 PART II - CONTRACT CLAUSES

'Section~I: Contract Cla'uses 52.216-7 ALLO (ABLE COST AND PAYMENT. j(APR 1984) j (a) Invoicing.' the Government shall make payments to the Contractor when i requested as work progresses, but (except for small business concerns) not-more '

.often than once every :2 weeks,-- in amounts determined to- be allowable by the Contracting Officer in accordance with Subpart 31.2 of the-Federal Acquisition Regulation (FAR) in effect on the date of this contract and the tems of this contract. _ Thet Contractor may submit to anf authorized representative of the Contracting Officer, in such . form. and . reasonable detail as the representative  !

may require, an invoice or. voucher supported by a. statement of- the' claimed this contract. '

allowable cost for costs.

. (b) Reimbursing performing (1)' For.the purpose of reimbursing allowable costs

=(except as provided in subparagraph (2) below, with respect tc pension, deferred crofit sha ring ', and . employee stock ownership plan contributions), the term

' costs" includes only- -

4

.(i) Those thcorded costs, that, at . the time of the request for l reimbursement, the Contractor has paid by cash, check, or other form of actual payment. for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent -in paying costs of contract performance in the ordinary course of business, costs incurred, but not

.necessarily paid, for-- 1 (A) Materials- issued from the Contractor's inventory and  !

.pl aced in the production process for use on the contract; f

(B)Directlabor; (C) Direct travel; (D) Other direct in-house costs; and (E) Properly. ' allowable and allowable indirect costs, as shown in the records maintained by the Contractor' for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress payments that have. been paid to the Contractor.'s . subcontractors under similar cost standards.

(2) Contractor contributions to any pension, profit-sharing, or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that the Contractor pays the contribution to the fund within 30 days after the close of the period covered.

Payments made 30 days or more after the close of a period shall not be. included until the Contractor actually makes the payment. Accrued costs for such contri-butions that are paid less often than quarterly shall be excluded from indirect 1 costs for payment purposes until the Contractor actually makes the payment.

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be ..

obtained by applying indirect cost rates established in accordance with para- .

graph (d) below. ,

(4) Any statements in specifications or other documents incorporated in l this contract by reference designating performance of services or furnishing of l materials at the Contractor's expense or at no cost to the Government shall be  !

disregarded for purposes of cost-reimbursement under this clause.  !

(c) Small business concerns. A small business concern may be paid more ,

often than every 2 weeks and may invoice and be paid for recorded costs for i i

)

i

v ,

)

ORM-87-218 Page 25 e

items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart .42.7' of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2) The Contractor shall, within 90 days after the expiration of each of its fiscal years, or by a later date approved by the Contracting Officer, submit j to the cognizant Contracting Officer responsible for negotiating its final indirect cost rates and, if required by agency procedures, to the cognizant audit activity proposed final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply.

The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and Contractor shall establish the final indirect. cost rates as promptly as practical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute The a written understanding understanding shall specify (setting forth the final indirect cost rates.i) the agreed rates, (ii).the bases to which the rates apply, (iii) the periods for which the s

rates apply, (iv) the settlement, any(v)pecific and indirectcontract the~ affected cost items treated and/or as direct subcontract, costs in identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or  ;

specific cost allowance or disallowance providad for in this contract. The '

understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(e) Billino rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.

These billing rates--

(1)Shallbetheanticipatedfinalrates;and (2) May be prospectively or retroactively revised by mutual agreement, ,,

at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closecut procedures. When the Contractor and Contracting Officer agree, the quick-closecut procedures of Subpart 42.7 of the FAR may be used.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayment or underpayment.

(h) Final payment. (1) The Contractor shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than one year (or longer, as the Contracting Officer may approve in writing) from the completion date. Upon approval of that invoice or voucher, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the. Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been

ORM-87-228 Page 26 reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds,. rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-- .

(1) An assignment to the Government, in form and substance satisfac-tory to the Contracting Officer, of refunds, rebates, credits, or other amounts  ;

(including interest, if any) properly allocable to costs for which the Contrac-tor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated  !

amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the perfomance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred.by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

(End of clause)

(R7-203.4(a)1978SEP)

(R 7-203.4(b) 1979 MAR)

(R 7-203.4(c)(4)(iv))

(R7-402.3(a)and(c)(5)(iii)

(R7-605.5)

(R7-1909.4)

(R1-7.202-4)

(R 1-7.203-9)

(R1-3.704-1and-2)

(R1-7.402-3(a)and(b)(1)and(3))

(R 1-7.403-9) 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. (APR 1984)

(a) This acquisition is not a set aside for labor surplus area (LSA) concerns. However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation. In order to determine '

whether the offeror is entitled to a preference under (1) or (2) above, the offeror. must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the offeror or the first- tier subcontractors) amount to more than 50 percent of the contract price.

(b) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concern. If the offeror is awarded a contract as an LSA concern and would not have otherwise qualified for award, the

i ORM-87-218 g,. Page 27 l

offeror shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.  !

(End of clause) l (R7-2003.131978JUN)  ;

L FPR TEMP.' REG 76. SERVICE CONTRACT ACT I (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 I knd 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 wages and fringe benefits determined by the Secretary of Labor or authorized representative, .as specified in any wage determination attached to this con- _q tra ct. . -

1

-(2)(1) If there is such a wage determination attached to this contract, the '

contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the l work to be performed is not performed by any classification listed in the wage y L

determination), be classified by the contractor so as to provide a reasonable '

relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed 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 them-selves, 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 submit 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 nassary.

(iii) The final determination of the confonnance 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.

ORM-87-218

. Page 28 (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to .those listed in a wage determination cannot .be reduced to any single formula. The approach used may vary from wage determina-tion 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 determinations issued in the same locality. Basic to the establishment of any conformable wage rate (s). is the concept that a pay rela-tionship :should be maintained between job classifications based on the skill required and the duties performed.

' ' (B). In the case of a contract modification, an exercise of an option or exten-sion of an existing contract, or in any other case where a contractor succeeds a r

' contract' under which the classification in question was previously confomed pursuant to this section, a new conformed wage rate and fringe benefits may be 4 ass i gned 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'11sted in the current wage determination, and those specified for the

. corresponding classifications in the previously applicable wage determination.

Where conforming actions' are accomplished in accordance with this paragraph prior' to the performance of contract work by the unlisted class of employees, the contractor shall 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' aid less than the currently applicable minimum wage specified under section 6(a (1) of the Fair Labor Standards Act of 1938, as amended.

(vl(The (b) 2)(1)wage rate and (ii) ofand this fringe benefits section finally shall be paid determined pursuant to all employees to paragraphs perfoming in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compen-sation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to 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 comenced contract work.

(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall 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 Depart-ment of Labor as provided in such Act.

1

ORM-87-218 Page 29 (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined 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 Labor Standard Act of 1938. Nothing in this provision shall relieve the con-tractor 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 I rates and fringe benefits, neither the contractor nor any subcontractor under i this contract shall pay any service employee perfonning 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 collec- l

- tive bargaining agreements, to which such employee would have been entitled if i employed under the predecessor contract, including accrued wages and fringe l benefits and any prospective increases in wages and fringe benefits provided for J under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 94.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representa-tive finds, after hearing as provided in 94.10 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 collec-tive bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length nego-tiations. 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 prede- )

cessor contract was not entered into as a result of arm's-length negotiations, i the Department will issue a new or revised wage determination setting forth the ,

applicable wage rates and fringe benefits. Such determination shall be made l part of the contract or subcontract, in accordance with the decision of the s Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior  !

to or after the award of a contract or subcontract 53 Comp. Gen. 401 (1973). In i 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  ;

l l ,  ;

i ORM-87-218 9

Page 30 l 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).

l (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 the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health stan-dards applied under 29 CFR Part 1925.

(g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(1) through (vi) of this section for each employee subject to the Act and shall make them available i for inspection and transcription by authorized representatives of the Wage and 1 Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(1) through (iv) approved by the Office of Management and Budget under OMB control number 1215-0017 andsections4.6(g)(1)(v)and(vi) approved under OMB control number 1215-0159).

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

(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.

(iv) Any deductions, rebates, or refunds from the total daily or weekly compen-sation 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 I

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

ORM-87-PIB' Page 31 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.

(4) The contractor'shall permit authorized representatives of the Wage and Hour

' Division to conduct interviews with employees at the worksite during normal i working hours. j t

(h) The contractor shall unconditionally pay to each employee subject to the I Act all wages due free and clear and without subsequent deduction (except as I otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback or any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly.

(1) The contracting officer shall withhold or cause to be withhod from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor

-requests or such sums as the contracting officer decidts may be necessary to pay underpaid employees employed by the contractor or subcontractor. 'In the event of failure to pay any employees subject to the Act all or part of the wages or i fringe benefits due under the Act, the agency may, after authorization or by j 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 l such violations have ceased. Additionally, any failure to comply with the '

requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In ach event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.-

(j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The term " contractor" as used in these clauses in any subcontract, shall be deemed ,

to refer to the subcontractor, except in the term " Government prime contractor."

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

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

j

)

ORM-87-218 Page 32 jl The following classes of. service employees expected to be employed under the .f contract with the . Government would be subject, if employed by the contracting l agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so j employed, be paid not less. than the following rates of wages and fringe bene- j fits:

j

\

Monetary. t Employee Class Wage / Fringe '

Benefits Senior Systems Analyst $25.88 Systems Analyst $18.62 Systems Programmer $18.62  !

Applications Programmer $15.66 '

Documentation Specialist $15.66 Data Processing Secretary $10.80 (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 i the contract-are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, .'

the Government prime contractor shall report such fact to the contracting i officer, together with full information as to the application and accrual of t such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargain-ing agreement. Such report shall be made upon commencing performance of the contract, .in the case of collective bargaining agreements effective at such l

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 i agreements shall be reported promptly after negotiation thereof. (Approved by the Office of Management and Budget under OMB control number 1215-0150.) _

s (2) Not less than 10 days prior to completion of any contract being perfomed  !

at a Federal facility where service employees may be retained in the performance  ;

of the succeeding contract and subject to a wage determination which contains  !

vacation or other benefit provisions based upon length of service with a '

contractor (predecer:or) or successor (4.173 of Regulations, 29 CFR Part 4), the incumbent prime conunctor shall furnish to the contracting officer a certified j list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract perfomance. Such ,

l list shall also contain anniversary dates of employment on the contract either with the current or predecessor contm, tors of each such service employee. The contracting officer shall turn over suen list to the successor contractor at the j commencement of the succeeding contract. (Approved by the Office F Management l

and Budget under OMB control number 1215-0150.)

(m) Rulings and interpretations of the Service Contract Act of 1965, as  !

amended, are contained in Regulations, 29 CFR Part 4.  !

l (n)(1) By entering into this contract, the contractor (and officials thereof) e certifies that neither it (nor he or she) nor any person or firm who has a i

i L. , 1 a  ; j ORM-87-218  ;

Page 33 1 e i substantial' interest.in the contractor's firm is a person or firm ineligible to f be awarded Government contracts by virtue of the sanctions' imposed pursuant to i section 5 of the Act.  !

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

l (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, student-learners, and workers whose earning capacity is '

impaired by age, physical, or mental deficiency or injury may be employed at wa l ower t han t eh m niimum wages otherwise required by section 2(a)(1) or

- 2(ges b)(1) 'of the Service Contract Act without diminishing an fringe benefits or cash payments- in lieu thereof _ required under section 2(a)y(2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of j

~s heltered 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 i 525).

J (2) The Administrator will issue certificates under the Service Contract Act J for the employment of apprentices, student-learners, handicapped persons, or j

, handicapped clients of sheltered workshops not subject to the Fair Labor Stan-  !

dards Act of 1938, or. subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without ' changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued -

under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

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

(p) Apprentices will be permitted to work at less than the predetermined rate  !

for the work they perform when they are employed and individually registered in l a bona fide apprenticeship program registered with a State Apprenticeship Agency i 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 Appren- i ticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the appli-cable wage determination for the journeyman classification of work actually perfonned. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as  ;

?

I

\

ORM-87-218 Page 34 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 regis-tered program.

(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of ti credited by the employer against the minimum wage required by section 2(a)(1) ps or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1,1980, and $1.34 per hour after December 31, 1980. To utilize this proviso:

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized.

_(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received):

(3) The employer must be able to show by records that the employee receives at least the applicable 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 permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

(r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, an'd 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) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR 1984)

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E i

52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR. (JAN1986)

Section I 1

l 52.202-1 DEFINITIONS. (APR1984) l _- _ _ ____ - - - - -

j a

.c

}

-ORM-87-218' c Page 35

'52.203-1. .0FFICIALS NOT TO BENEFIT. (APR1984) 52.203-3 . GRATUITIES.l(APR.1984)

'52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR1984)  !

52.215-1  : EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984) i 52.215-2 . AUDIT--NEGOTIATION.-(APR1984)- 1 52.215-22 PRICE REDUCTION'FOR DEFECTIVE COST OR PRICING DATA. (APR 1984)

,52.215-24 SUBCONTRACTORCOSTORPRICINGDATA.'(APR1985) 52.215-30 FACILITIES CAPITAL COST.OF MONEY. (APR 1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (APR1984) 52.216-7 . ALLOWABLE COST AND PAYMENT. (APR 1984) 52.216-8 FIXED FEE. (APR 1984) 9

-52.217-1 LIMITATION OF. PRICE AND CONTRACTOR OBLIGATIONS. (APR1984)

.52.219-8. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL ,

DISADVANTAGED 8USINESS CONCERNS. (JUN1985) ]

52.219-13 UTILIZATIONOFWOMEN-0WNEDSMALL8USINESSES.-(AUG1986) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. .(APR 1984) 1 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR1984) l 52.222 CONVICT LABOR. (APR1984) 52.222-26 . EQUAL-0PPORTUNITY.- (APR 1984)' . .

i 52.222 ' AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA '

VETERANS (APR1984) 52.222-36 AFFIRMATIVE = ACTION FOR HANDICAPPED WORKERS (APR 1984)  !

52.223-2 CLEAN AIR AND WATER. (APR 1984) I 52.224-1 PRIVACY ACT NOTIFICATION. (APR1984) )

'52.224-2 PRIVACY ACT. (APR 1984) l 52.227-1 AUTHORIZATION AND CONSENT. (APR1984)

J 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT  !

INFRINGEMENT. (APR 1984) 1

, 52.227-11 PATENTRIGHTS--RETENTIONBYTHECONTRACTOR(SHORTFORM).

J (APR1984)'

52.228-7 INSURANCE LIABILITY TO THIRD PERSONS. (APR1984) 52.229-4 FEDERAL, STATE. AND LOCAL TAXES (NONCOMPETITIVE CONTRACT).

(APR 1984).

52.230-3 COST ACCOUNTING STANDARDS. (AUG1986) ,

E 52.230-4 ADMINISTRATION OF COST ACCOUNTING STANDARDS. (APR1984) 52.230-5 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES.

(AUG 1986) 52.232-1 PAYMENTS.'(APR1984) 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS.

(APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYNENT. (JUL 1985) 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR1984) 52.232-11 EXTRAS. (APR1984)

-52.232-17 INTE7EST. (APR 1984) 52.232-20 LIMITATION OF COST. (APR 1984) 52.232-22 LIMITATION OF FUNDS. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN1986) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986)--Alternate I. (APR1984) 52.233-1 DISPUTES. (APR1984) l 52.233-1 DISPUTES. (APR 1984)--Alternate I. (APR 1984) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATI6N. (APR 1984) 52.237-3 CONTINUITY OF SERVICES. (APR1984)

T ORM-87-218' Page 36 1<

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984) 52.242-2 PRODUCTION PROGRESS REPORTS. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984)--Alternate I. (APR1984)-

52.243 CHANGES--COST-REIMBURSEMENT. (APR1984)--AlternateI. (APR

' 1984) 52.243-3 ' CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS. (APR1984) 52.244-2 SUBCONTRACTS (C0ST-REIMBURSEMENTANDLETTERCONTRACTS)

(JUL.1985) 52.244-3 - SUBCONTRACTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (APR 1985) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR1984) 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM). (APR1984) i 52.245-5 GOVERNMENT PROPERTY (C0ST-REIMBURSEMENT, TIME-AND-MATERIAL, ORLABOR-HOURCONTRACTS). (JAN 1986) 52.246 LIMITATION OF LIABILITY--SERVICES. (APR1984)'

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM). (APR 1984) 52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY1986) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR1984) 52.249-14 EXCUSABLE DELAYS. (APR1984)

I

___._____._m __________.___ _ _ _

y ORM-87-218 Page 37 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

' Section J - List of Attachments .

J.1 Attachments Exhibits Title A System Configuration '

'B BRS Operation Manual C Public User's Manual '

Attachment Number Title i

1 NRC Contractor Organizational Conflicts of Interest (41 CFRPart20) 2 Billing. Instructions 3 Standard Form I411 with Instructions 4 Chapter NRC-3202 " Publication of Technical Reports Prepared by NRC Contractors, Including Reports Prepared-Under or Pursuant to Interagency Agreements l

)

i i

l i

)

i