ML20236K119
| ML20236K119 | |
| Person / Time | |
|---|---|
| Issue date: | 07/29/1987 |
| From: | Hagan T, Mitterling R NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), VISIONS DATA CABLE, INC. |
| To: | |
| Shared Package | |
| ML20236K107 | List: |
| References | |
| CON-NRC-10-87-455 NUDOCS 8708060416 | |
| Download: ML20236K119 (34) | |
Text
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- 1. T HIS CONT RACT im .i All D ORDE R r
i .. ?AWARD / CONTRACT UNDE R DPAS U S CF R 3* F 1- l 32
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NRC-10-87-455 July 29_, 1987 ADM-87-455 CODEl_._____.___._ '" ^ "" ' " ' ' ' ' " ' " " '" " " '" * " """' " C O D E I _ __
U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555
?. N AM L AND ADOH ESS OF CON T H AC T OH (No., street, city, coun ty. State and //I' Code) 8. DEL 4 VL H Y
-Visions Data Cable, Inc. U FOO ORIGIN {OTHER(sccbelow) 2708' S. Nelson Street '- ' ' ' " " ' " " " " " " ' " ^ * " '
Arlington, VA 22206 Net 30
- 10. SUBMIT INVOICES j'T E M (4 copics unless other.
wisc apcci/ icd; TO THE ; Block 12 CODE F ACILITY CODE ADDRESS SHOWN IN' I
- 11. SHIP iO/M A RK F OR code 5. uc earfkL MATE. HYegu atory Commic9h, U P"YNENlWILL s n U.S. Nuclear Regulatory Commission Div. of Acct. & Finance, ATTN: GOV /COM Accounts 11555 Rockville Pike. One White Flint North Washington, D.C. 20555
_13._Rockvil.1 _Ma ry.l and ._20.852__.__
AUTHORITe,OR Y F U$rNG OT HE R THAN FULL AND OPE N COMPC 14.T1.._
ACCOUNTING AND APPROPRI ATION DAT A B&R No. 43-20-31-206 APPN NP. 31X0200.407 0 lo u S c.2ao4s n e i
[X ] o u S C. 253<en 2 i Ob1igate: $571,790.00 15A. ITEM NO 158. SUPPLIES /SE RVICES 15C. QU AN TITY ISD UNIT ISE. UNIT PRICE 15F. AMOUNT The U. S. Nuclear Regulatory Commission (NRC) hereby accepts Visions Data Cable, Incorporated's original proposal dated July 13,1987, as revis ed July 23, 19E 7 and c larified July 29, 1987, submitted in response to NRC's requirements fc r " Installation of ADF and Broadband Cabling Systems at One White Flint North," all of which are incorpora ted her ein by reference.
8700060416 870729 PDR CONTR 15G. TOTAL AMOUNT OF CONTRACT > S571,790.00 NRC-10-87-455 PDR 16. TABLE OF CONTENTS VI lSEC. l DE SCRIPTION' lPAGE (51 V) lSEC l . DESCRIPTION lPAGE tS)
PART 4 - T HE SCHE DULE- PART 18 - CONT R AC T CLAUSES A A SOUCITATION/CONTR ACT FORM l X l 1 l CONTR ACT CL AUSES l 23 A B SUPPLIES OR SE RVICES AND PRICES / COSTS 2 PAR T m - UST OF DOCUMENTS. E xHmtTS AND OT HE R ATT ACH.
_A C DESCRIPTION / SPECS / WORK STATEMENT 3 Xl; l uST OF ATTACHMENTS l 32
@ D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INST RUCHONS X E INSPECTION AND ACCEPTANCE 9 X K REPRESENTATIONS CE RTIFICATIONS AND X F DELIVERIES OR PERFORMANCE 9 OTHER ST ATEMENM OF OF FERORS X G CONTRACT ADMINISTRATION DATA 10 L INSTRS .CONDS . AND NOTICE S TO OF F E RORS X H SPECIAL CONTRACT REQUIREMENTS 13 M EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABL E
- 17. CONT R ACTOR'S NEGOTI ATED AGREEMENT (Contractor is re. 18. AWARD (Contractor is not required to sign this docuenent.) Your hon $rsctor roe to u n sh a de e au sterns or pe for at he e v ce s n ng e d on o changes rnade by you wnsch additions or changes
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NRC-10-87-455 PAGE 2 Part I - The Schedule, Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work 1 The' contractor shall provide all labor, installation tools, and incidental materials necessary to install the U.S. Nuclear ,
Regulatory Commission (NRC) "ADP and Broadband Cabling Systems" at 1 the One White Flint North (WFN) Building in Rockville, Maryland.
B.1.2 ADP System Installation Price . . . . . . . . . . . . . . . . . . . ' $339,390.00 .
B.1.3 Incidental Parts for ADP System Installa tion . . . . . . . . . . . . . . . . . . . . . . . . N0T TO EXCEED. .$5,000.00*
B.1.4 Broadband System Installation Price...............$212,400.00 B.1.5 Incidental Parts for Broadband System )
Installation.........................N0T TO EXCEED.$15,000.00* 1 B.1.6 . Total Price for Installation of ADP and Broadband Cabling Systems.....................$571,790.00
- The contractor shall be reimbursed for incidental parts purchased specifically for performance under this contract on an actual cost basis, in compliance with Federal Acquisition Regulation (FAR) Part 31.205-26, " Material Costs." q J
B.2 Consideration and Obligation j
'l The firm fixed price of this contract is $571,790.00. Payment will
.be made upon completion /aelivery and acceptance of all. required 1 products /s'rviceslin'accordance'with.the e
following schedule:
1' Cumulative Period Amount Amount
- _
July 29, 1987 thru $137,947.50 $137,947.50 30 days thereafter ,
31 days thru 60 days $137,947.50 $275,895.00 1
61 days thru 90 days $137,947.50 $413,842_.50 91 days thru December 31, $137,947.50 $551,790.00 1987 ,
The above prpration'does not take into cons'ideration the' incidental materials amount of $5,000.00 for the'ADP system or $15,000.00.for'
'th.e' Broadband system, as costs for these' materials will be. .
L reimburse; to the contractor on an as needed basis in accordance. .
with Section.B.1.- The. contractor is. authorized' to include '
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O NRC-10-87-455 PAGE 3 Section.C - Description / Specifications / Work Statement C.1 Statement of Work _
C.1.1 ' Background in anticipation of NRC's consolidation, a requirements analysis was conducted to ascertain needs for the transfer and improvement of
. NRC's existing IBM 5520 word processing systems to WFN. Additional requirements for video teleconferencing, . relay.of C-Span programming, local closed-circuit television (CCTV)' broadcast, and future ADP local area networking dictated a broadband " backbone" system capable of reaching each individual workstation.
Accordingly, system design and engineering specifications and drawings were developed by the Idaho National Engineering Laboratory (INEL) under contract to the NRC. The design has been installed, implemented, and evaluated and is currently functional at INEL.
C.1.2 Scope of Work l The contractor must perform NRC's cabling systems requirement in- .l l accordance with this scope of work and in compliance with INEL's '
design configurations / drawings which requires adherence to. IBM ,
instruction manuals entitled, " IBM Cabling System Planning and !
Installation Guide" and "Using the IBM Cabling System with Communication Products," in order to achieve a fully functional l system. Copies of INEL's design package and IBM manuals have previously been provided to'the contractor. Supplemental clarification drawings to INEL's original design package will be provided to the contractor as they.be;ome available to the NRC. For clarification purposes, the contracwr is informed that the "A" or "P1" floor designations as mentioned in this contract refer to the same level in WFN.
The contractor is responsible for coordinating the installation'of the cat: ling systems with the installation of telephone services, demountable walls, systems furniture, cable trays, and other activities required to complete the interior finishing of WFN by December 31, 1987.
All entrances to air plenums and between holes or shafts shall be sealed by the contractor in accordance with building fire retardant standards after placement of all cables. ,
C.1.2.1 ADP Cable System :
The ADP cable and associated equipment / hardware shall connect workstations with ADP and word processing equipment. The ADP system consists, of several major components which .are outlined as .follows:
Central Processing Unit (CPU) Rooms Patch Panel Rooms Patch Panel Tie Cables. ,
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NRC-10-87-455 PAGE 4 Communication Tie Cables Workstation Tie Cables Workstation Terminations There will be nine IBM 5520 CPU's located on Floors 2, 3, 5, 7, 9, 11, 13, 15 and 17 which shall be connected to the patch panels located on Floors 4, 6, 8, 10, 12, 14, 16 and 18. Each CPU shall be independently connected to a patch panel on the even floor above the
. CPU room with the exception of the CPU on Floor 2 which shall be connected to the patch panel on Floor 4. The CPU also has its communications ports connected to a separate set of terminal blocks located in the patch panel room. Each workstation on the same floor as the CPU and each workstation on the same floor as the patch panel shall be connected via an IBM Type 2 Cable to the patch panel l associated with the CPU. This will permit any tenninal to be '
l rearranged to cny port on the CPU to which it is associated by changing a patch cord. Due to the type of connectors to be used on the cable, disconnecting a terminal will not cause interruption to other users connected to the same port on the CPil. As an example, ,
each of the 12 terminal ports on the CPU on Floot 5 are connected to the patch panel on Floor 6. Each of these ports is capable of handling several workstations or printers connected in a bridging manner at the patch panel. Each of the workstations or printers located on Floors 5 and 6 is connected to the patch panel on Floor
- 6. This pattern is repeated throughout the building in two-floor increments. The only exception is the patch panel on the 4th Floor which serves the CPU on the 3rd and 2nd Floors. All workstations on Floors 4, 3, 2,1 and P1 shall be routed to the 4th Floor patch panel in the following manner:
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- a. The 4th Floor cables shall be routed from each workstation onto the cable racks above the false ceiling and to the patch panel room,on the 4th Floor. The two shielded pairs of wire in the cable shall be' terminated into the IBM patch panels with IBM connectors.. At the point below the'chiling .in th.e patch panel room,.the 4 uns~hielded pair's of wire in the cabib shall be routed to the wall next to the mechanical room through cable l rings where they terminate on 66 blocks in accordance with the termination plans to be provided to the contractor by the NP.C l Project Officer upon contract award.
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- b. The 3rd Floor cables shall be routed via the same method as described for Floor 4, into the CPU room on the 3rd Floor but continue through the bored holes in the ceiling of the 3rd Floor into the patch panel room on Floor 4 where they terminate j in the same manner as Floor 4.
- c. .The .2nd Floor cables shall be routed via the cable tray thru l the south telephone closet into the shaft behind the telephone '
- closet up to the 4th Flo6r telephone closet and back out into the cable tray. .They then
- follow the tray to the 4th Floor
. patch panel room'and; terminate the.sanie as Floors 3 and 4.
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~NRC-10-87-455 t '
PAGE 5
- d. 'lhe 1st Floor cables shall be bundled above the false ceiling-(this floor has no cable trays) and routed.to the storage room behind elevator #4 where they enter the vertical shaft and shall be routed up to the 4th Floor telephone closet. They
- then are routed via the cable tray to the patch panel room and ,
terminate the same~as Floors 2, 3 and 4. ' '
- e. The cables on Floor Pl.shall be routed via' conduit from the
- workstations to the wall next to the shaft behind elevator #4 .l where they enter the shaft and shall be routed to the.4th Floor 1 telephone closet. They exit the shaft in the south telephone closet on' Floor 4 and travel via the. cable tray to the patch panel where they terminate as in the afo ementioned floors.
To allow maximum flexibility, each patch panel on the even floors )
shall be connected with IBM Type 1 Cable. This will allow a user on j the 18th Floor to be easily connected to a CPU on the 3rd Floor by a simple patching change.
As previously mentioned, the communications port on the CPU shall be connected to a terminal block in the patch panel room to allow connection to a niodem or other multiplexing device which will allow transmission or receipt of data from other CPU's both internal or external to the NRC.
Each workstation shall have a termination box located underneath'the i worksurface which shall allow connection of the Type 2 Cable. This cable, which shall go to the patch panel room, shall .contain 2 pairs 1 of shielded data wires anc 4 pairs of unshieldea wires. The data pairs shall terminate in the patch panel room on the IBM patch panel. The unshielded pairs, however, shall go to a separate ,
terminal block to be used for 3270 connections, local office i networks, etc. J The-system design allows maximum flexibility in rearranging or moving te~rminals with minimum interruption and eliminates rewiring. !
C.1.2.2 Broadband, Cable System ,
The broadband cable and associated equipment / hardware shall provide CCTV in WFN, allow computer to computer data transfer, and provide a link to a modem pool which shall be accessible to all WFN occupants.
The CCTV portion <f the network shall provide news coverage of all major networks, CNN Headlines and C-Span. It shall'also provide a channel for general interest items such as status of the building's' computer system, information on' hearings and meetings, and-conference room availability. Other channels shall- be available to conduct video teleconferencing within the building or to broadcast education .information such as Federal Employees Retirement. System !
(FERS) information to the occupants at a preselected time. '
The system shall allow microcomputers to be unplugged and moved to e.
new. location and replugged to the system.. The address for'the.. ',
- . - .' indWidual .would be atithe ~ computer' terminal. Therefore,' when data' z ,
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is addressed for an individual, the system shall seek'out the individual regardless of the individual's location in the building.
The broadband system shall be a coaxial cable distribution system to. ]
be connected from floor P1 throughout each floor of the building.
The starting point on floor P1 shall contain the power supply that j powers the system, and the translators, amplifiers and headend. ;
equipment that controls the system. From that point, distribution shall be made by splitting off 4 zones on each floor and adding i - several 8 port drops throughout these zones (this excludes. the 1st j i floor which has-2 zones and P1 which has no zones). Each pcrt shall then be routed to a workstation where it terminates in an "F"
- connector on the termination box located under the worksurface. The )
south telephone closet on each even floor shall contain amplifiers that boost the signal for that floor and the floor above. This
! shall continue for all the floors in the building. . This- ;
amplification is necessary to insure the signal strength that is !
present on level P1 is also present on floor 18. The backbone of I the system consists of the headend equipment on level P1, the riser !
cable and amplifiers in each even floor telephone closet-and the j distribution cable to each of the zones on each floor including ~ the, i 8 port drop boxes.
The system design allows maximum flexibility in connecting various !
types of terminals to a central transmission media throughout the i building and provides an effective procedure to move around the !
building without rewiring.
i The contractor is responsible for the installation of the entire l broadband " backbone" system, with the following exceptions:
- 1. All amplifier internals (the contractor shall install the -
amplifier housings and connect cables to.them).
E. The headend hardware (video equipment, test' equipment,.
' combiner, splitter, test points, and couplers).
The contractor is not responsible for amplifier turn-on or alignment, except as it relates to faulty installation. The contractor shall immediately correct problems caused by poor, improper or incorrect installation.
C.1.2.3 Installation Instructions C.1.2.3.1 Trunk Cabling and Distribution All trunk cable leaving the "A" telephone room shall be MIII, .5" cable manufactured by Trilogy Communications, Inc. Routing from the telephone room i.s shown on the "A" floor drawing. Since the:"A" ,
floor has.no false ceiling,~the cable must be attached to other .
ceiling conduits.or it may require optimally spaced brackets of its own. The' ttiree..mos.t important . factors are: .,
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NRC-10-87-455 PAGE 7
- 1. The cable must be sufficiently supported to prevent damage.
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- 2. It must be sufficiently identified to prevent accidental damage at a later date (someone hanging something on it, etc.).
- 3. It must be aesthetically appropriate.
From the "A" floor arawing, the two cable runs serving the 1st floor
. shall travel with the main trunk into the vertical shaft. -Splices for the .5" cable are available but their use should be avoided if possible. The main trunk shall travel straight up the shaft until it reaches a point at the appropriate level just outside the 2nd floor telephone room. (Observe from the drawing labeled "Even floor Telephone Rooms", the dimensions!as measured from the false ceiling.) At this point the input of a directional coupler of the correct value should be attached to the cable. (16Db for floors 2, '
4, 6, 8 - 120b for floors 10, 12, 14, 16 - 8Db for_fi s r 18.) A i hole large enough to accommodate a .5" cable shall then be drilled from the shaft into the telephone room. The contractor may field route for convenience. The contractor shall install a cable from the coupler output labeled " tap" thru the hole and connect to the input of the amplifier. The contractor shall seal the hole around the cable to meet fire safety requirements, install a cable from the '
coupler output labeled " output" and proceed up the shaft to an appropriate point outside the 4th floor telephone room. The contractor shall repeat the same installation as for the 2nd floor.
The contractor shall attach the cable.to other conduits or braces in the shaft as necessary tc supply the required support and attach labels as necessary to provide adequate cable identification.
Caution n.ust always be observed when handling the .5" coax. The minimum prescribed bending radius for .5" cable is 8" when bent arcund the mandrel. Severe damage to the system performance will occur it the cable is kinked, bent, or otherwise physically altered.
The two.lst floor cables shall exit the shaf t into the return' air plenum of the 1st floor and proceed as shown on the 1st floor .i drawing- .
d The distribution runs of the "A" floor coaxes shall follow the !
course shown on the "A" floor drawing. After the three coaxes enter j the area behind the stairwell, they shall each terminate with five j taps and should be mounted as shown on the "A" floor mechanical room drawing. All unused ports must be terminated with 75 ohm "F" type terminators. Since the "A" level has no false ceiling, only PVC drop cable is required. The PVC drop cables shall enter conduit above the taps and shall remain in the conduit until the final destination is reached. Installation of the 4-way splitter shall be l omitted on this floor. 1
'C.1.2.3.2 Floor Drawing Notes
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- 1. Heavy lines between taps'(T1 thru T5) represent .5" Fused Disk 1
. coax cable. 'On floors 2 thru 18 this cable shall be positioned _
. as close to the c.oncrete. c.eiling.as . practical, '
and shall be '
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.NRC-10-87-455 PAGE 8 I 1
anchored there by means of cable ties connecting to.the false ceiling supports. On.the first floor, since the cement ceiling 1 is too high, the cable may be positioned down to approximately 1 2 feet above the false ceiling if a substantial anchoring can I be achieved at that point. Locations of taps and coaxes, as shown on-the drawings, are.not meant to imply an exact placement. Field routing around obstacles is permitted as long as final placement will be within 2. feet of the prescribed location (larger exceptions will .be made to accommodate secure areas if necessary). Caution must always.be observed when handling the .5" coax. The minimum prescribed bending radius for .5" cable .is 8" when bent'around a mandrel. Severe damage to the system performance will occur if the cable is kinked, l bent, or otherwise physically altered. i NOTE: Connectors for .5" cable are to be tightened 'onto the cable where they shall. form a pressure fit against the conductors of the cable. The cable is prepared for the ;
connectors with a cable coring tool. ]l l
- 2. Ceiling. taps (T1 thru T5) should be installed facing down, and be supported such that the weight of the plenum coaxes cannot cause the .5" coax to bend. All unused tap ports niust' be terminated with "F" type 75 ohm terminators. There are two distinguishing characteristics of the ceiling taps that must be i observed; value and directionality. The taps value is marked I
on its front side. Its position on the drawing (on every run of every floor) corresponds to its value in the following manner:
T1 - 23Db T2 - 23Db T3 ->20Db f'
T4 '.20Db . '
..T5 .17Db ;
The direction arrow is also on the front side and when installed should always point to the next higher tap number, i.e., T1 points to T2, T2 points to T3, etc. The output of tap T5 should be terminated with a .5" 75 ohm terminator.
- 3. The plenum cables, shown in lighter lines, run from the ceiling taps to just under the insulation that seals the top of the .
furred out pillar area (at the false ceiling level). At that~
point the plenum coax is connected to the input of a 4-way ,
splitter. The cable must be secured so that it hangs only a few inches into the furred out area, and it must be protected against damage .from the rough edge of the metal studs. All of the unused ports on the splitter must.be terminated with 75. ohm terminators. The drawing illustrates'the pillar.to. ceiling tap.
connections. The number of runs from'any given ceiling tap,to' ,
a pillar.will be determined at a later'date. Initially, '
h.owever, only;one: run shall connect, each . pillar. .to a ceiling. ,
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NOTE: Connectors.for_the plenum coax are crimp-oni type
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connectors. Correct _ cable preparation and center conductor length is imperative in order to achieve proper connection.
- 4. PVC type coax shall be run from the'4-way splitter (now contained within the furred out area around the pillar) down the pillar and out into the'4" conduit at the bottom of the system furniture. .It shall travel along the bottom of the system furniture to a vertical conduit, then up the conduit and terminate with a feed-thru in the wall plate. A 75 ohm terminator will then be attached to the feed-thru.
I In some instances the cable will need to be routed from the 5.
splitter, back up the pillar and over to a conduit which shall run down the wall into.a wall plate. Another route may be back ;
up the pillar and over to a conduit which shall run down inside.
a demountable wall and into a wall plate. . In any case, if the cable must re-emerge back into the return air plenum above the false ceiling, plenum cable must be usea. (PVC cable has the same electrical characteristics as'the plenum cable, and shall be used whenever possible.)
Section 0 - Packaging and Marking.(Not applicable to this contract)
Section E - Inspection and Acceptance-E.1 Place of Inspection ano Acceptance Inspection and acceptance of the systems to be celivered and installed hereunder shall be made by the Project Officer at the -l L destination. .j Section F - Deliveries and Performance ]
F.1 Place of Delivery.
The systems to be furnished hereunder shall be installeo at the following location:
U.S. Nuclear Regulatory Commission One White Flint North Building l . 11555 Rockville Pike
- . Rockville, Maryland 20852 F.2 Duration of Contract Period l This contract'shall commence on July 29, 1987 and all effort shali be completed by December 31, 1987.
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-NRC-10-87-455 PAGE 10 Section G'--Contract Administration Data G.1 Project Officer Authority s
- a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
l Name: Thomas B. Kellam
. Address: 8120 Woodmont Avenue, Room W-328 Bethesda, Maryland 20814 Telephone Number: (301)492-8000 1
- b. The Project Officer is responsible for: 1
- 1) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.
- 2) Inspecting and accepting products / services provided under the contract.
- 3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, ' disapproval, or.
suspension,
- c. The Project Officer is not authorized to make changes to the express terms and' conditions of this contract.
- d. In addition to the Project Officer identified in Paragraph a.
above, the following NRC On-Site Representatives are authorized to proviae technical guidance within the constraints of this contract to the contractor:
Tom Baloesi (CRC)
Larry'Wilcox (NRC) . .
Ted Rynex (CRC) s Any conflicting technical guidance provided by an On-Site Representative to the contractor shall be resolved by the Project Officer.
G.2 Method of Payment
- a. Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
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- b. In the event that the Contractor's. financial institution-has access to the Federal. Reserve Communications System, the
. Contractor shall' forward,the following informa' tion in writing I &
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to the Contracting Officer within seven days after the effective date of the contract. l 1). Name and address of organization.
2). Contact person and telephone number.
3). Name and address of financial institution. t 1
4). Contractor's Financial institution's 9-digit ABA identifying number for routing transfer of funds. l 5). Telegraphic abbreviation of Contractor's financial f institution. ;
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6). Account number at Contractor's financial institution. 1 l
i 7). Signature and title of person supplying this information. l,
- c. In the event the Contractor's financial institution does not {
have access to the Federal Reserve Communications System, the j Contractor shall forward the following information with regard t to a correspondent or alternate financial institution. The information shall be in writing and submitted to the Contracting Officer within seven oays after the effective date l of the contract. l 1). Name and address of organization.
l 2). Contact persen and telephone number.
1 3). Name and address of financial institution.
l 4). Telegraphic abbreviation of Contractor's financial institution.
5). Account number at Contractor's financial institution.
6). Name and address of the correspondent financial institution that has access to the Federal Reserve Communications System.
7). Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds.
8). Telegraphic abbreviation of correspondent financial institution.
9). Signature and title of person supplying this information,
- d. Any changes to the information furnished under this clause shall be furnished to the Contracting Officer in writing. . It is the Contractor's responsibility .to furnish these changes
.promptly to' avoid payments to erron.eous' bank accounts.
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, , NRC-10-87-455 PAGE 12 G.3 Payment Oue Date.
- a. Payments under this contract will be due 30 calendar days after the later of:
- 1) The date of actual receipt of a proper invoice in accordance with the attached " Billing Instructions", or
- 2) The date the final deliverable product / service is accepted by the Government.
- b. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days 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 shali be considered the date payment is made for individual payments of $25,000 or less.
G.4 _1_nterest_on Overdue Payments.
- a. The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC M01) is applicable ,to payments under this contract and requires the payment of interest to Contractor.s on overdue payments 'and improperly taken'discourits <
- b. _ Determinations o'f interest due will be made' in accordance with the provisions of the Prompt Payment Act and Office of Managerrent and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:
- 1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
- 2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.
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, '- . PAGE 13; Section H - Special Contract Requirements H.1 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 employees and of members of.the public and to minimize
. danger from all hazards to life and property and shall comply with dll applicable health, safety, and fire protection regulations ~and requirements (including reporting requirements) of the Conunission and the Department of. Labor. In the event that the Contractor-fails to comply with said regulations or requirements. the Contracting Officer.may, without prejudice to any other legal or contractual l
rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.
H.2 Private use of_ Contract Information and Data .
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract. I H.3 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 pla.ced on a conflicting role because of current or planned interest (financial, contractual, organizaticral, or otherwise) which relate to the work under this contract, and 2). Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
- b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in'41 c CFR 520-1.5402(f) in the activities covered by this clause.
- c. Work for Others. Notwithstanding any other provision of this -
contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which. y 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-personne1r if any,
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' NRC-10-87-455 PAGE 14-l 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.
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- d. Disclosure 'af ter awaru. i 1). The Contractor warrants that to the best of its knowledge and belief and except as otherwise set fr: th in this contract, it does .not have any organizational conflicts of )
interest,asdefinedin41CFR20-1.5402(a). l l
2). The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a. description of the action which the I Contractor has taken or proposes to take to. avoid or l mitigate such conflicts. .The NRC may, however, terminate j the contract for convenience if it deems such termination to be in the best interests of the Government.
- e. Access to and use of information.
1). If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data -
protected by the Privacy Act of 1974 (Pub. t 93-5 9), or data which has not been released to the public, the Centractor agrees not,to:
(i) Use sbch'information for any private purpose u'ntil the information has been released to'the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the ' release '
of such information to the public, whichever is first; (iii) Submit an. unsolicited proposal to the Government based on'such information until one year after the release of such information to the public, or (iv) Release the information without prior written J approval by the Contracting Officer.unless such information has previously been released to the public by the NRC.
2).'Inaddition...the. Contractor. agrees.that.totheextent.it -
receives or is.given actess to proprietary data.. data .
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NRC-10-87-455 PAGE 15 protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financ:al information under this contract, the Ccntractor shall treat such information in accordance with restrictions placed on use of the information.
- 3. The Contractor shall have, subject to patent and security provisions of.this contract, the right to use technical
. data it produces under this. contract for private purposes provided that all requirements of this contract have been l met.
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- f. Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract,"
" Contractor," and " Contracting Officer," shall be appropriately modified to preserve the Government's rights,
- g. Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
- h. Waiver. A request for waiver under this clause shall be I directed in writing through the Contracting Officer to the Executive Director for Operations (E00) in accordance with the i procedures outlined in 520-1.5411.
H.4 Determination of Minimum Wages _and Fringe Ber.efits ., 1 Each employee of the. Contractor or any subcontractor performin'g services under this contract shall be paid at least the minimum !
allowable monetary wage and fringe benefits prescribed under Wage l Determination Number
- dated
- which is attached.
- To be incorporated, if applicable, into any resultant contract.
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NRC-10-87-455 PAGE 16 H.S Government Furnished Property / Materials__
- a. The NRC will provide the Contractor with tne following items for use under this contract:
APPROXIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE
- 1. Type #1 Plenum Cable IBM /4716749 18,000 FT 2 weeks ARO
- 2. Type #2 Plenum Cable IBM /4716738 331,000 FT 2 weeks ARO i
- 3. Data Ccnnector IBM /8310574 2,304 EA 2 weeks AR0 !
4- Equipment Rack Harris /46353103 18 EA 8 weeks AR0 ;
- 5. Distribution Panel IBM /6642520 36 EA 2 weeks AR0
- 6. Rack Grounding Kit IBM /4716804 18 EA 2 weeks ARO l
- 7. Type 66 Blocks TM0-420 BR/66M-150 200 EA 2 weeks ARO
- 8. IBM Type #1 Face Plate IBM /8310572 96 EA 2 weeks ARO
- 9. Workstation Junction NASCA#3375 1,600 EA lot of 300 Box (all connectors 3 weeks AR0, l included) subsequent lots of 300 weekly
- 10. Fixed Wall Telephone AA-12586FDS 300 EA 3 weeks AR0 Plate (all connectors j included) '
- 11. F.ixed Wall Data Plate WP-INRC 300' EA' 4. weeks AR0 (all connectors included)
- 12. Cable ID Labels IBM /4716817 36 PK 2 weeks AR0 l 13. Cable Location Chart IBM /4716816 36 EA 2 weeks AR0
- 14. 2-way power splitter SAS2F 80 EA 6 weeks ARO
- 15. 3-way power splitter SAS3F 2 EA 12 weeks ARO
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l NRC-10-87-455 PAGE 17 APPR0XIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE
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- 19. Amplifier housing 232925 12 EA 6 weeks AR0 l l
- 20. Power supply module 270660 12 EA 12 weeks AR0 I J
- 21. Forward trunk amplifier 234420 11 EA 12 weeks AR0 module J
- 22. Forward Int. trunk 234430 2 EA 12 weeks ARO I amplifier module
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- 23. Bridger amplifier module 233170 11 EA 12 weeks ARO j
- 24. Reverse trunk amplifier 234600 12 EA 12 weeks ARO I module
- 25. Reverse disconnect switch 372691 12 EA 12 weeks AR0 4
- 26. 75 chm 'oad pad 35919 50 EA 12 weeks AR0
l 29. 3-way feeder maker 233060 2 EA 12 weeks ARO
- 30. 4-way feeder maker 233065 11 EA 12 weeks ARD
- 31. Equalizer EQ450-0 15 EA 10 weeks ARO
- 34. Equalizer EQ450-6.0 6 EA 10 weeks ARO l
- 35. Equalizer EQ450-7.5 2 EA 10 weeks ARO
- 36. Equalizer EQ450-9.0 2 EA 10 weeks AR0
- 37. Fat pin equalizer EQ1120-0 10 EA 10 weeks ARO
- 38. Fat pin equalizer EQ1120-3.0 8 EA 10 weeks ARO
- 39. Fat pin equalizer EQ1120-4.5 2 EA 10 weeks AR0
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NRC-10-87-455 PAGE 18 APPR0XIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE
- 43. 0-port 17dB tap SA18F-17 85 EA 4 weeks ARO
- 44. RG-6 pvc coax cable 2300 60 1000 4 weeks AR0
- FT
- 45. Mid-split diplexer 232890 37 EA 12 weeks AR0
- 46. Power combiner SAIF 2 EA 10 weeks ARO
- 47. OdB thermal gain 244669 12 EA 10 weeks ARO
- 48. OdB thermal slope 234679 12 EA 10 weeks ARO l
- 49. PPO Attenuator pad 279500 15 EA 10 weeks AR0
- 50. PP1 Attenuator pad 279501 10 EA 10 weeks A'.,
- 51. PP2 Attenuator pad 279502 15 EA 10 weeks ARO
- 52. PP3 Attenuator pad 279503 10 EA 10 weeks ARO
- 53. PP4 Attenuator pad 279504 10 EA 10 weeks ARO
- 54. PP5 Attenuator pad 279505 10 EA 10 weeks ARO
- 55. PP6 Attenuator pad 279506 10 EA 10 weeks ARD
- 56. PP7 Attenuator pad 279507 10 EA 10 weeks AR0
- 57. PP8 Attenuator. pad 279508 10 EA 10 weeks AR0
- 58. PP9 Attenuator pad 279509 10 EA 10 weeks AR0
- 59. PP10 Attenuator pad 279510 5 EA 10 weeks ARO
- 60. RF Subsystem 372460 1 EA 12 weeks AR0
- 61. Status Control Software 371185 1 EA 12 weeks AR0
- 62. Housing open/ closed 372689 12 EA 12 weeks AR0 status option
- 63. PP12 Attenuator pad 279512 5 EA 10 weeks ARO
- 64. PP14 Attenuator pad 279514 5 EA 10 weeks ARO
- 65. PP15 Attenuator paa , 279515 5 EA 10 weeks ARO
'66, . PP16.AttenuatoF pad. '279516 5 EA 10 weeks,AR0 t I - #
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1 NRC-10-87-455 PAGE 19 APPR0XIMATE ITEM DESCRIPT10H QUANTITY UNIT SCHEDULE
- 67. PP18 Attenuator pad 279518 5 EA 10 weeks AR0
- 69. Cable seizure wrench 116537 2 EA 10 weeks AR0 l 70. Forward M/S filter 232920 24 EA 12 weeks ARO l
l 71. Directional coupler SAD 8F 2 EA 6 weeks AR0 q l
- 72. Directional coupler SAD 12F 5 EA 6 weeks ARO l
- 73. Directional coupler SAD 16F 5 EA 6 weeks AR0
- 74. Signal processor 6150-T7-JJ 1 EA 6 weeks AR0
- 75. Signal pre _essor 6150-T8-KK 1 EA 6 weeks AR0
- 76. Signal processor 6150-T9-LL 1 EA 6 weeks AR0
- 77. Signal processor 6150-T10-MM 1 EA 6 weeks AR0
- 79. HPLOX Hyperband L.0. (NN) 1 EA 6 weeks ARO
- 80. L.C.L. L.O. Reference Loop 1 EA 6 weeks AR0 1
- 81. Signal Modulator 6350-MTR-T7 1 EA 5 weeks ARO
- 82. Signal Mcdulator 6350-MTR-TS 1 EA 5 weeks APO
- 83. Signal Modulator 6350-MTR-T9' 1 EA 5 weeks ARO
- 84. Signal Mcdulator 6350-MTR-T10 1 EA 5 weeks ARO
- 85. Signal Modulator 6350-MTR-T11 1 EA 5 weeks AR0
- 86. Signal Modulator 6350-MTR-T12 1 EA 5 weeks AR0
- 87. Signal Modulator 6350-MTR-13 1 EA 5 weeks AR0 J
- 88. Set Top Terminal 8535-3 30 EA 4 weeks AR0
- 89. Remote Control Unit 8550-175 30 EA 4 weeks AR0
- 90. RF Subsystem Transmitter 371198 1 EA 12 weeks AR0 (301.25 MHz)
.91. RF Subsystem Receiver 371143 1 EA 12 weeks AR0
. - .-(29.8 MHz)
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1 NRC-10-87-455 PAGE 20 APPROXIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE
- 92. Interactive Transponder 372203 12 EA 12 weeks ARO (301.25 MHz, 29.8 MHz)
- 93. Signal Processor 6150-3-7 1 EA 6 weeks ARO
- 94. Signal Processor 6150-3-8 1 EA 6 weeks AR0
- 95. Signal Processor 6150-3-9 1 EA 6 weeks ARO i 1
- 96. Signal Processor 6150-3-10 1 EA 6 weeks ARO
- 97. Signal Processor 6150-3-11 1 EA 6 weeks AR0
- 98. Signal Processor 6150-3-12 1 EA 6 weeks AR0 I
- 99. "F" female "KS" adap1.ar GF-625-CH-DCB-T 50 EA 4 weeks AR0 100. "F" female "KS" adapter GF-625-CH 125 EA 4 weeks ARO 101. "KS" port terminator G-TR-M-T 11 EA 4 weeks AR0 102. "KS" port terminator G-TR-M 84 EA 4 weeks AR0 103. Pin type .5" connector GRS-13.0-CH-0U-01 775 EA 4 weeks AR0 l 104. Pin type .5" connector GRS-13.0-CH-0U-01-T 15 EA 4 weeks ARO 105. Male splice adapter G-KS-KS-M 150 EA 4 weeks ARO (rotational) 106. Male splice adapter G-KS-KS-M-T 5 FA 4 weeks ARO (rotational) 107. Splice-right angle GP-90/180 5 EA 4 weeks APO 108. .5" splice GRS-13.0-SP-DU-01 5 EA 4 weeks ARO 109. Quick discennect GPF-59 25 EA 4 weeks ARG 110. Female adapter GF-81-C 50 EA 4 weeks Ail 0 111. "BNC" female to "F" male G-BNCF-FM S EA 4 weeks ARO 112. "BNC" male to "F" female G-BNCF-MF 5 EA 4 weeks ARO 113. RG60 PVC coax connectors GF-6-AH-S/312 6000 EA 4 weeks ARO 114. RG60 teflon coax GF-6-AH2 P/332 ~2500 EA 4 weeks ARO l connectors
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NRC-10-87-455 PAGE 21 l l
APPR0XIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE q 115. FT Flaring Tool RG6U 3 EA 4 weeks ARO I
116. RG6U Hex crimp tool G-CRT b59 2 EA 4 weeks AR0 l 1
117. VHF hi-lo splitter LHS-760 4 EA 3 weeks ARO i
118. 13.0 mm coax stripping / CST-500-R 2 EA 6 weeks AR0 !
coring tool )
i 119. 2-way splitter CA-2002GBT 1000 EA 1 week ARO I I
120. 4-way splitter CA-2004GBT 1000 EA 1 week ARO 1
121. 12dB directional coupler CA-1090/M-12 5 EA 4 weeks ARO i 122. 16dB directional coupler CA-1090/M-16 5 EA 4 weeks AR0 123, 20dB directional coupler CA-1090/M-20 5 EA' 4 weeks AR0 124. "F" 75 ohm terminator CA-1230T 6200 EA 1 week ARO l 125. RG6 Stainless steel 100 EA 2 weeks AR0 wallplates for F connectors 126. "F" conriector feed-thru's CA-1203T WH 100 EA 1 week ARO 127. 13.0mm fused disc plenum Mill 14 1000 10 days AR0 ,
coax (copper clad aluminum FT 126. Panduit #PLMIM-M cable ties 78F543 .8 1000 1 week AR0 PKG 129. Panduit #SSC4S-510-M cable 78F502 1 1000 1 week ARO ties PKG 130. PFX-0 nylon marking pen 46F1525 10 EA 1 week ARO 131. RG60 Plenum coax 74811.2312 25 1000 6 weeks AR0 FT j 132. Right angle bracket to 12 EA 3 weeks AR0 l
mount amplifiers I 133. Cabinet, color #21-1 50SF200-70-30 2 EA 2 weeks ARO (6 ft. high 19" wide, already assembled) l 134. Wire strip SDPM4051-3W 2 EA. 2 weeks AR0 135.. 60y power supply; APP 60PM-AMM-TDR- J2 EA .3' weeks AR0
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PAGE 22 i
APPROXIMATE ITEM DESCRIPTION QUANTITY UNIT SCHEDULE 136. Model 168 retransmissions 2 EA 4 weeks AR0 unit 137. Sweep / Signal Cenerator 1 EA. 3 weeks ARO )
(1-1000MHz) WaveTek model j 18010 WaveTek Option A-7 i Pilat carrier notches 1 (channel 12 and NN standard) 138. Spectrum Analyzer 1 EA 6 weeks AR0 )
(4-1000 MHz) Texcan Model Spector 1075 139. Signal Level Meter 2 EA 6 weeks ARO (5-600MHz) Texan Model 600 140. Signal Leakage Transmitter ST400X 1 EA 4 weeks AR0 (304.0MHz) 141. Signal Leakage Receiver SR400X 1 EA 4 weeks ARO (304.0MHz) 142. Whip Antenna SW 1 EA 4 weeks ARO 143. Near Fiela Probe SP-1 1 EA 4 weeks ARO l
144. Leather carrying strap 1 EA 4 weeks AR0 j
- b. Only the property / materials listed above in the quantities shown will be.provided by the Government. This property is subject to the provisions of the Government Property clause under this cor. tract. All.Other property / material required in
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performance of the contract shall be furnished by the contractor.
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- c. All of the equipment listeo in paragraph a above has been l ordered. The approximate shipment schedules are based upon the dates the orders were placed. The equipment will be available for the contractor's use in a secured cage in the "C" level (P3 l level) in WFN.
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i NRC-10-87-455 i PAGE 23 PART II - CONTRACT CLAUSES
_s J Section 1 - Contract Clauses FPR TEMP. REG 76 SERVICE CONTRACT ACT (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).
(b)(1) Each service employee employed in the performance of this contract by the contractor or any subcontractor shall be paid not less than the minimum nonetary wages-and shall.be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract.
(2)(i) If there is such a wage determination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor 50 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 l wages and furnished the fringe benefits as are determined pursuant to the '
procecures 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 CMB control number 1215-0150.)
. (ii) Such conforming procedure shall be initiated by the contractor prior to l the performance of . contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there.is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting i officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting. officer shall review the proposed action
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l l and pronptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the 4 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 =l notify the contracting officer within 30 days of receipt that additional time l is necessary.
'(iii) The final de. termination of the conformance action by the. Wage and-Hour Division shall be transmitted to the contracting officer who shall l- promptly notify the contractor of the action'taken. Each affected employee sijall b.e furnished by the contractor with a written copy of.such determination or it shall be' posted as La part.of. the' wage de. termination. ..
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NRC-10-87-455 PAGE 24 (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 determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way cifferent 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 relationship should be maintained between job classifications based on the skill required and the duties performed. !
(B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e.,
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 classificatioris to be used on the centract which are listed 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 paia less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally deterntined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid te all employees performing 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 comperisation 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 j this contract.
(vi) Upon discovery of failure to comply with paragraph (b)(2)(i) 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 i retroactive to the date such class of employees commenced contract work. l (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 l often than once every 2. years,' pursuant to' wage determinations to be issued by
.the Woge and Hour Division; Employment Standards Administration of the <
,De'artment p of Labo,r as.provided in such Act. ,
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(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 l the contractor nor any subcontractor under this contract shall pay any. person i performing less employees) workthan under the the contract minimum (regardless wage specified byof section whether 6(athey)are (1) of theservice Fair j Labor Standard Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or ' contract )
for the payment of a higher wage to'any employee.
(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the. absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued. wages and fringe benefits and any prospective' increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of Q4.lb(b) of 29 CFR Part 4 apply or unless the 3 Secretary of Labor or his authorized representative finds, after hearing as 1 provided in 54.10 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 scrvices of a character similar in the locality, or determines, as provided in [4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable'to service employees employed under the predecessor contract was ret entered into as a result of arm's-length negotiations. Where it is fcund in accordance with the review precedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and E that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargcining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, the Department will-issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the l contract or subcontract, in accordance with the decision of the Administrator, ;
the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after-the award of a contract or subcontract 53 Comp. Gen. 401.(1973). In the case of a1 wage determination.' issued solely as a result of a finding of substantial.
variance, such determination sha.ll be effective as of the date of the fin'al .
administrative decis' ion.
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a NRC-10-87-455 PAGE 26 (e) The centractor and any subcontractor under this contract shall notify j each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.
(Approved by the Office of Management and Budget under OMB control number 1215-0150).
(f) The contractor or subcontractor shall not permit any part of the services I 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 contrector or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1)(i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S.
Department of Labor. (Sections 4.6(g)(1)(i) through (iv) approved by the Office of Management and Budget under 0MB control nur.ber 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0159).
(i) Name and address and social security number of each employee. l (ii) The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe I benefit payments in lieu thereof, and. total daily and weekly compensation of each employee.
(iiil The number of daily and weekly hours so worked by each employ'ee, i
(iv) Any deductions, rebates, or refunds from the total daily or weekly I compensation of cach employee.
l (v) A list ot monetary wages and fringe benefits for those classes of service l l employees not included in the wage determination attached to this contract but i I
for which such wage rates or fringe benefits have been determined by the I interested parties or by the Administrator or authorized representative i 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 employces which have been !
furnished to"the contractor' pursuant to 04.61(1)(2). !
(2) The contrector shall also make available a copy of this contract for inspection or' transcription by. authorized. representatives?of the Wage and H.our -
.j Division.
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NRC-10-87'-455 PAGE 27 (3) Failure to make and maintain or to make available such records for inspection and transcription shall he a' violation of the regulations and this contract, and in the case of failure to procuce such records, the contracting officer, upon direction of the Department of Labor and notification of the I contractor, shall take action to cause suspension cf any further payment or ddvance of funds until such violation ceases.
1 (4) The contractor shall permit authorized representatives of the Wage and j Hour Division to conduct interviews with employees at the worksite during '
normal working hours.
(h) The contractor shall unconditionally pay to each employee subject to the q Act all wages.due free and clear and without subsequent deduction (except as 1 otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback. I 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 l accrued. A pay period under this Act may not be of any duration longer than semi-monthly.
(i) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be
! necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any l further payment or advance of funds until such violations have ceased. I Additionally, any failure to comply with the requirements of these clauses relating to the Sevice Contract Act of 1965, may be grounds for. termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additior al cost.
(j) The contractor agrees to insert these clauses in this section relat'ng 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 1 to refer to the subcontractor, except in the term " Government prime j 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
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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.
4
'(2)..Thefoliowing.statementisincludedincontractpursuantto.section i 2(a)(5) of the' Act and is for information41 purposes only:
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. . NRC-10-87-455 PAGE 28 .,
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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 i agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so 1 employed, be paid not less than the following rates of wages and fringe ;
benefits- I Monetary
~ Employee Class Wage / Fringe Benefits 4
Electrical Engineer $12.64
' Electrical Wiring Specialist $8,54 Electrical Technician $6.89 (1)(1) If wages to be paid or fringe benefits to be. furnished any service employees employed by the Government prime contractor or any subcontractor
.under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact-to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining !
agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly af ter ,
negotiation thereof. (Approved by the Office of Management and Budget under . I OMB control number 1215-0150.) j l
(2) Not less than 10 days pr.ior to completion of any contract being performed at a Federal'fscility 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 servicewithacontractor(predecessor)orsuccessor(4.173ofRegulations,29 CFR Part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract j performance. Such list shall also contain anniversary dates of employment on l the contract either with the current or predecessor contractors of each such I service employee. The contracting officer shall turn over such list to the successor contractor at the commencement.of the succeeding contract.
(Approved by the Office of. Management and Budget under 0MB control number 1215-0150.) ,
(m) Rulings and interpretations of the Service Contract Act of 1965, as-amended, are contained in Regulations, 29 CFR Part 4. ,
(n)(1.) By entering'into.this contract,.the contractor (and officia s.the'reof)
L certifies tha't neither it (noP he or, she)' .nor. any person or firm who has a t - s
. substantial int.ersst in< the coritractor's firmiis -a person" or firni itie'ligible.' '
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, NRC-10-87-455 PAGE 29 to be awarded-Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ,
ineligible for award of a Government contract pursuant to section 5 of the Act. ,
(3) The penalty for making false statements is prescribed in the U.S.
Criminal. Code, 18 U.S.C. 1001.
(o) Notwithstanding any of the clauses in paragraphs'(b) through (m) of this section relating to the Service Contract Act of 1965,.the.following employees may be employed in accordance with the following _ variations, tolerances, and exemptions, which the 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 l in the public interest or to avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe. benefits or cash payments in lieu thereof required under section 2(a)(2) of that Act, in accordance'with the concitions and procedures prescribed for the employment of apprentices,. student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped perscns, or handicapped clients of sheltered workshops.not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing >
requirements concerning fr :nge benefits o_r supplemeritary 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).
(5) 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 thc work they perform when they are employed and individually registered in a bor,a fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of-Apprenticeship and Training, Employment and Training Administration, U.S. Department.of' Labor. Any employee who is.not registered as an apprentice in an approved. program shall be paid the wage rate and fringe benefits- ;
contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not, be"less than the wage' rate for their level o.f rogress set forth ir!
4 p ,
, NRC-10-87-455 PAGE 30 the registered program, expressed as the appropriate percentage of the jourr.eyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.
(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 s credited. by the employer against the minimum wage required by section 2(a)p(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however; that the amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this proviso:
(1) The employer must inform tipped employees about this tip credit allowance i 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): ;
1 (3) The employer must be able to show by records that the employee receives ut 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); j (4) The use of such tip credit must have been permitted under any predecessor I collective bargaining agreement applicable by virtue of section 4(c) of the I 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 cicuse of this contract. Such disputes shall be resolved in accordonce with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of the clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, the employees or their representatives.
(FPR Temporary Regulation 76) 52.252-2 CLAUSES INCORPORATED BY REFEREtiCE. (APR 1984) lhis contract incorporates the following clauses by reference, with the i same force and effect as if they were given in full text. Upon request, the. I Contracting Officer will make their full text available.
- 1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E
.52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR1984) '
52.246-16 RESPONSIBIL1'TY FOR. SUPPLIES. -(APR 1984) 5 e s -
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.- . NRC-10-87-455 PAGE 31 Section F 52.212-13 STOP WORK ORDER (APR 1984)
Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.208-3 CONFLICTS. (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) ,
52.215-2 AUDIT--NEGOTIATION. (APR 1984) 52.215-30 FACILITIES CAPITAL COST OF MONEY. (APR 1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (APR 1984) 52.215-33 ORDER OF PRECEDENCE (JAN 1986) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN 1985) ,
52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (AUG 1986) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISAr, LED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.223-2 CLEAN AIR AND WATER. (APR 1984) 52.224-2 PRIVACY ACT. (APR 1984) 52.225-3 BUY AMEP,ICAN ACT--SUPPLIES. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.227-3 PATENT INDEMNITY. (APR 1984) 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION. (APR 1984) 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NONCCNPETITIVE CONTRACT).
(APR 1964) 52.232-1 PAYMENTS. (APR1984) l 52.232-8 DISCOUNTS FOR PROMPT PAYMEhT. (JUL 1985) 52.232-11 EXTRAS. (APR1984) 52.232-17 INTEREST. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) 52.233-1 DISPUTES. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984)--Alternate II. (APR 1984) 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN 1986) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR 1984) 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS). (APR 1984)
L ALTERNATE I (APR 1984) '.
l 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 1984) l 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984) l- 52.251-1 GOVERNMENT. SUPPL.Y SCURCES. ( APR,1984) .
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, NRC-10-87-455 .
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- PAGE 32 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments I
J.1 Attachments Attachment Number Title d l \
j 1- NRC Contractor Organizational Conflicts of Interest {
(41 CFR Part 20) l 2 Billing Instructions j l
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i i I l
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.m.m___ _.__.. _ __
L T- PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and. policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.
20-l'.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award.
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 '(Reserved)'
20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY: Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 120-1.5401 Scope and Policy (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Consnissionto of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on' virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is-not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest' situations l which might arise; however, . examples are provided in these regulations to guide application of the policy. NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the conirect, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained _in this subpart applies ter contractors and offerors only. Individuals or firms who have other relationships with NRC (e.g., parties to h licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition -!
of consulting services through the personnel appointment process, NRC v 0 $v 7 k (, :
7590-01 agreements with other government agencies, international organizations. '
or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be e.nployed in such agreements, as appropriate.
520-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be perfomed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c)
- Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy. 4 (d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the fomulation or administration of its programs, projects, or policies which nortnally require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, fim, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, s
or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR I1-1.606-1(e)).
(h) " Subcontractor" means any subcontractor of any tier which performs supplies andwork under aincontract subcontracts with amounts of the NRC
$10,000 except subcontracts for l or less.
(i) " prospective contractor" or " offeror" means any person, firm, unincorporated association, joint' venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, .
8 submitting a bid or proposal, solicited or unsolicited, to the NRC to e obtain a contract.
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" 7590-01
'f (j) " Potential conflict of-interest" means that a factual situation-exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract. The tem " potential- conflict
- of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported'to the contracting officer for investigation if they arise during contract perfomance. l l
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detemining whether (1)
Are actual or potential organizational conflicts of interest exist:
there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of connon sense and good business l judgment based upon the relevant facts disclosed and the work to be.
perfomed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurement, and research programs.
(b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose infomation concerning relationships which may give rise to organizational conflicts of interest under the following circumstances: ,
(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting )
assistance in the same area to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
3
7590-01 (2) The contracting officer mey request specific information from )
an offeror or contractor or may require special contract. provisions'such '
as provided in 520-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which j are to be used in competitive procurement of products or services covered by such specifications.
(ii) Where the offeror or contractor preparer plans for. specific approaches or methodologies that are to be incorporated into competitive procurement using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information
. not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary !
infonnation of its competitors. i (v) Where the award of a contract.might otherwise result in placing I the offeror or contractor in a-conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.
The XYZ Corp., in response to e request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the-inquiry in the RFP, the XYZ Corp. l' advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work nonnally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing.various projects for several different utility clients. None of the ABC Corp.
projects have any relationship to the work called for in the RFP, Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
4
g y 7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various . operational aspects of that type of plant so as to assure adequate safety protection of the public. Orfly one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest'in any NRC decisions that might result from the data produced because those decihions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms
.to guard against bias.
(4) Example. The ABC Co. submits a proposa'l for a new system for j evaluating a specific reactor component's perfomance for the purpose of i developing standards that are important to the NRC program. The ABC Co. i has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Infomation which is reported to NRC by contractors will nomally be disseminated by NRC to others to as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes infomation to the contractor for the perforinance of contract work, it shall not be used in the contractor's private activities unless 4 such information is generally available to others. Further. the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the infomation developed under the contract is proposed to be used.
7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to ;
assemble a map showing certain seismological features of the Appalachian '
fold belt. In accordance with the representation in the RFP and 120-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently l
doing seismolog'ical studies for several utilities in the Eastern United i States but none of the sites are within the geographic area contemplated i by the NRC study. '
Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role <
where its judgment might be biased. The work for others clause of I20- !
1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NP.C contract which could create a conflict of interest.
(d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to 1 a determination of the existence of such conflicts prior to the award of l a contract.
(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, i or that a contract is awarded on a competitive or a sole source basis. i 520-1.5404 Representation 4
(a) The following procedures are designed to assist' the NRC contracting officer in determining whether situations or relationships exist which !
may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure. The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with t regard to the contract being modified, only an updating of such statement shall be required.
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L_--____-_-__-- - - -
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75h001 I'
i ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract er the modification of an existing contract does41 (CFR's
) or does not (-b)(1).
)(involve situations or relationships of the type set forth.in 20-1.5403
% The following.shall be included in (c) Instructions to offerors.
all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the. type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise-detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer detemines that organizational (1) Impose appropriate l
conflicts exist, the following actions conditions wMch avoid such conflicts. (ii may)be taken: disqualify.the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of I20-1.5411.
(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award the resulting contract may be terminated. The offeror may also be disqualified froin subsequent related NRC contracts and be subject to such other ,
remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or. potential organizational conflicts of interest, propose to exclude specific kinds'of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the. proposal must be rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pemitted ~
to correct the omission.
1 20-1.5405 Contract clauses 6 20-1.5405-1 General contract clause 7590-01 1
All contracts of the types set forth in i20-1.5404(b) shall include- '
the following clauses:
(a) Purpose.
The primary (purpose of' this clause is to; aid in1). Is not pl ensuring that the contractor:
because of current or planned interest'(financial, contractual, organizational. J or otherwise) which relate to the work under this contract, and -(2) does not obtain an unfair competitive advantage over other parties by '
virtue of its performance of this contract.
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-(b) Scope. The restrictions described herein shall apply to~
performance or participation by the contractor as defined in 41 CFR I 20-1.5402(f).in the actitities covered by this clause.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of. this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with )
any firm or organization. the result of which may. give rise to a conflict of interest with respect to the work being perfomed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key. personnel, if any, under this contract abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim 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 belief and except as otherwise' set forth in this contract, it does not have any organizational conflicts of- )
interest, as defined in 41 CFR 520-1.5402(a).-
(2) The contractor agrees that if after award it discovers 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 include a description of the action which the ,
contractor has taken or proposes to take to avoid or mitigat.e such j conflicts. The NRC may, however . terminate the contract for convenie,nce '
if it deems. such termination to be in the best interests of the government.
(e) Access to and use of information. (1) If the contractor in i the perfomance of this. contract obtains access.to. information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the cohtractor agrees not jo: (1) Use 1
such released information for any(private to the public; purpose ii)-compete until for for work thethe information Comissionhas been based g
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7590-01 p
.on such information for a period of six (6) months after either the completion of this contract or the release of such infor1 nation to the.
a public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the'public by the NRC.-
.(2) In addition, the contractor-agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of .1974. (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract.. the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have. subject to patent and security provisions of this contract, thetright to use technical data it produces unde.r this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer,"*shall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for a 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 subsequept contractual efforts, and pursue other remedies as may be 1 permittee by law or this contract. i
. (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to-the Executive J Director for Operations (EDO) in accordance with the procedures outlined ini20-1.5411.
I20-1.5405-2 Special contract provisions.
(a) If it is determined from the nature of the proposed contract that organizational conflicts'of interest exist, the contracting officer ,
may determine that such conflict can be avoided or after obtaining a l waiver in accordance with 520-1.5411, neutralized through th.e use of an i appropriate special contract provision. If appropriate, the offeror may !
negotiate the tenns and conditions of these clauses, including the extent and time period of any such restriction. These provisions include ,
but are not limited to: ;
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l 7590-01 j l
l (1) Hardware exclusion clauses which prohibit the acceptance of ;
production contracts following a related nonproduction contract previously I performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key .
personnel) to avoid certain organizational conflicts of interest; and f
.(4) Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b) The following additional contract clause may be included as section (1) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i) Follow-on effort. (1) The contractor shall be ineligible to J participate in NRC contracts, subcontracts, or proposals therefor (solicited l or unsolicited) which stem directly from the contractor's performance of {
work under this contract. Furthermore, unless so directed in writing by i the contracting officer, the contractor shall not perform any technical' I consulting or management support services work or evaluation activities l under this contract on any of its products or services or the products l or services of another firm if the contractor has been substantially l involved in the development or marketing of such products or services. l I
(2) If the contractor under this contract prepares a complete or l essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless 50 directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of $20-1.5404(b) and other relevant information. Af ter evaluating this information agains't the criteria ofi20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has oeen determined that conflicts of interest exist, then tne contracting of ficer shall eitner:
(a) Disqualify,tne offeror from award, 7
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.I 7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or j (c) Award the contract under the waiver provision of 520-1.5411.
i 520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the' contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 620-1.5405, the contracting officer will take every rea onable ' action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved) i 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit'a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants. The contracting of ficer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
i.20-1.5411 Vaiver j In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of 1 the contracting officer, and af ter consultation with the Office of the ;
General Counsel, the EDO may waive the policy in specific cases if he l determines that it is in the best interest of the United States to do so.
3 Such action shall be strictly limited to those situations in which-j (1) The work to be performed under contract is vital.to the NRC program; (2) the work cannot be satisfactorily performed except by a. contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to ne tralize the conflict. For any such waivers, the justification and approval cocuments shall be placed in the Public Document Room.
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I 7590-01 620-1. 5412 Remedies I
In addition to such other remedies as may be permitted by law or {
contract f6r a breach of the restrictions in this subpart or for any ;
intentional misrepresentation or intentional nondisclosure of any- !
relevant interest required *to be provided for this section, the NRC .I 3
may debar the contractor from subsequent NRC contracts.
day of Ma'rc h 1979, Dated at Washinoton. D.C this 27th l
For the Nuclear Re9ulatory Commission l 1
CCtuud Ybk.
Samuel '. Chilk Secretary of the Commission l
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(REVISED-4/87)
BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AhD PURCHASE ORDERS ,
y General. The contractor shall submit vouchers or invoices as prescribed herein.
Form. Claims shall be submitted on the payee's letterhead, invoice or on the Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for i Purchases Order Other Than Personal -- Continuation Sheet." These fonns are available from the Government Printing Office, 701 North Capitol Street, ,
Washington, DC 20801.
Number of Copies and Mailing Address. An original and six copies shall be submitted to NRC offices identified below.
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l$ Frequency. The contractor shall submit an invoice or voucher only after i; NRC's final acceptance for services rendered or products delivered in
< performance of the contract unless otherwise specified in the contract.
L Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be initialized. It must include the following: ;
(a) Payor's name and address. (1)Addresstheoriginalvoucher(with 4 copies)to: U.S. Nuclear Regulatory Commission, Division l
l of Accounting and Finance. ATTH: GOV /COM Accounts Sections. l lg Washington, DC 20555. (ii) Address 2copiesto: U.S. Nuclear
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Regulatory Comission ATTN: E. L. Halman, Director Division of l+ Contracts. Washington, DC 20555. (iii) The* original copy of the voucher should indicate that (2) copies ~ have been forwarded to the Contracting Officer.
l l (b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
(e) Payee's name and address. (Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then insert the name and address of the payee.)
(f) Descriptier. cf articles or services, quantity, Unit price, and total amount.
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(g) Weight and zone of shipment, if shipped by parcel post. j (h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.
(1) Instructions to consignee to notify Contacting Officer of receipt I of shipment.
(j) Final invoice marked: ' FINAL INVOICE" Currency. Billings may be expressed in the currency nonna11y used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
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