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Contract: Fabrication & Installation of Conference Table & Four Video Cabinets in Commissioners Hearing Room,White Flint North, Awarded to Production House,Inc.W/Four Oversize Drawings
	ML20236R642
Person / Time
Issue date:	11/18/1987
From:	Hagan T; NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), PRODUCTION HOUSE, INC.
To:	;
Shared Package
ML20236R634	List: ML20236R631; ML20236R642; ML20265B096; ML20265B101; ML20265B103; ML20265B107;
References
	CON-FIN-B-2461, CON-NRC-39-88-232 NUDOCS 8711230398
	Download: ML20236R642 (61)
	v • d • e

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AWARD / CONTRACT -

s. CON T H ACT (/' roc. Jnst. ident.) NO.

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4. Request e lON/ PURCHASE HEQUL SY/P540JEC1 NO.

NRC-39-88-232 November 19, 1987 ADM-87-454 t,. e55UE D e v CODEb CODE [_.__.

U. S. Nuclear Regulatory Coninission 4

Division of Contracts d

Wa';hington, DC 20555 1

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Production House, Inc.

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14000 Willard Road Chantilly, VA 2202}

10. SUBMIT INVOICES j'TLM j

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4 wi.e sprei,ses) TO THE CODE F ACILITY CODE ADDRESS SHOit/N IN.

12. 5 Hip 10/MAF40% F OH

12. PAYMLN T WILL DE M AOL BY

) U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission J Attn: E. Pleasant, Project Officer Div. of Actng and Finance, GOV /COM Accounts Sec~. I ce f Co o ion, MS 16 Gl9 Washinaton. DC 20555 j M 9fk HE a iHAn, ruu. ANo OPEN COMPE To i.. ACCOUNTiNo ANO APPaOPaiATiON OAT A 1 Tiom Appro. No. 31X0200.408 Fin. No. B2461 l B&R No. 40-20-10-26-0 AM018.TI :.583,700.00 0 4i u.S c. 253:en O to u S C. 23o4 ten i 15A. ITEM NO 158. SUPPLIE S/SE RVICE S 15C OUANTITY 150 UNIT 15E. UNIT PRfCE 15F. AMOUNT ] The U. S. Nuclear Regulatory Commission hereby accepts Produc ; ion House, Inc.'s proposal, dated October 16,1987, in response to RFP RS-ADM-87-454, as evised by. Production House, Inc.'s proposal dated November 9,1987 and November 13, 1987, all of which are incorporated herein by reference. Production House, Inc., shall fabricate and install a conference cable and j four (4) video cabinets in the NRC Commissioners' Hearing Roon at Wh' te-Flint North.in i accordance with'the Description / Specifications / Wort Statement set forth in Section C. i 0711230398 871118 FIRM F IXED PRICE l PDR CONTR 15G. TOTAL AMOUNT OF CONTR ACT > $ 83.700.00 1 NRC-39-88-232 PDR

16. TABLE OF CONTENTS t ) lSEC l DE SCRIPTION lPAGE (S) V) lSEC l DE SCRIPTION lPAGE(S)

PART l = T HE SCHEDULE PART II - CONT H ACT CLAUSES ] A A SOUCIT ATION/ CONT R ACT FORM l Xl 1 l CONT R ACT C L AUSE S I 23 l i X B SUPPLIES OR SEPVICES AND PRICES / COSTS 7 PART eH - UST OF DOCUMEtCS. EXHIBITS AND OTHER ATT ACH. X C DESCRIPTION / SPECS / WORK ST ATEMENT 8 Xl J l LIST OF ATTACHMENTS l 38 i X D PACKAGING AND MARKING ll PART eV - HEPHESE NT ATiONS AND tNST RUCTIONL X f INSPECTION AND ACCEPTANCE l2 K REPRESEN'l ATIONS CE RTIFICATlONS AND X r DE uvE Rit S On eERroRMANCE 13 OTHEn STATEMENT 9 0F Of f ERoRS X G CONTR ACT ADMINISTR ATION DAT A l4 L INST RS.CONDS. AND NOllCi S To ut 8 6 ROHS X H SPECIAL CONTR ACT REOUIRE MENTS 18 M EVALUATION F ACTORS F OR AWARD CONTRACTING 0FFICERflLL COMPL ETE ITEM 17 OR 18 AS APPLICABL E a O CONT nACTOn s NEcOTiAna AanEEMENT < con, no,.,, a p w Ano < con,m oo,u no,,,... s,...,,, vn.socom,n,; voo, j ... s to..an uni, sacu m< n t.ns < urn c-P.. <a..i a ni,,ca. > o,,. on Soue,<.,,on Nuno., R&-BM.5L._ -. _.. ?!",'/'t,'*o',,*:;'!AJ", '",',",0 '"a%*r!"o'f.*/Mfn,',= A 'a'.:ift,'i0 lT"ini,,'i!",,f"!!,i%?.'. '?OflA'".0:Avt,"e,.",ut??,"Ci t. =;irl ua 'AIfo,";;*i".3k'%A !% i%"?o'.',=nTa'"af'.',Nih'ta?, f",f"4 iR"'!"C' " '"* ',dit,*T/I in'to'""'"n4"ni'"*A1,W",'oOnil "; J J ,f,,..,ne,,,...,n. <> ua n ~ a n.,,a'?;"11'!!dL'"' P'*'Y.iMn*,"St."i.'.>'lJn"a' t,"l#c"20%ir"os 0,';?'""'*"""'"""""'""'"""*'**""*'""""**"'""""' n u n s. ras sa.. l' 19A, NAME AND TITLE OF $1GNE R (Type or prsnff 20A. NAME OF CONT f4 ACT 4NG OF f ICER l Timot 193. N AME OF CON T R ACT OR 19C.DATE 54GNED N4T[f M' 20C. D TF. pGN ED i w&, w-,,, itn/h ,n n... .n...n...s ...n, 1 Y cmA4 w-NSN m,-2m- ~.r

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Page 2 1.

Section.B.3 Consideration :and Obligation,- Page '7, L is ' deleted in' entirety and the following is: substituted in lieu thereof: its-1 "B.3 CONSIDERATION AND OBLIGATION: The; firm fixed price of; this contiract is'$83,700.00. i are authorized in.accordance with the following schedule: Progress payments j Date. Amount' Approval of shop drawin } c materials.............. gs and purchase of R 12/7/87 $16,740.00' Completion 'of" fabrication and final NRC,- inspection at Contractor's facilities..... - 01/31/88 $26'784.00 Installation a t WFN/ Acceptance 1....'....... '02/06/88 !$40,176.00"'

2. - Section C.1.3, Installation Schedule, Page 10,'is deleted in itsl enti and the following is substituted'in lieu.thereof:

"C.I.3 INSTALLATION SCHEDULE be completed by February 6,1988." -The final. installation of'the. Section F.2, Place of Delivery--Equipment, Page 13, is completed 'as 3. follows: Insert Contract No.'NRC-39-88-232 4. Section F.3, Duration of Contract Period, Page113, is completed as-fol "This contract shall commence on November o i Februa ry 6, 1988. " 19, 1987 and will: expire on 5. Section G.1, Project Officer Authority, 'Page 14, is co'mpleted as'follows: Eugenia Pleasant U. S-. Nuclear Regulatory Commission Office of Consolidation, MS 16'Gl9 ' Washington, DC 20555 (301) 492-1691-l

3 6.

Section H.1, Key. Personnel', Page 18, is completed as follows; i. s

) i 'NRC-39-88-232 'Page 3-' 1 Christine A. Vasa. ~ Duncan T. Burt $j . Dean Barker Ray DeHart.. i-Kathryn Campbell Nigel Briggs .i.) Joseph Fries Fred Schuertzman Barbara Price 7. Section H.6,- Detennination of Minimum Wages and Fringe Benefits, 3 -Page 22 is completed as follows: I ~ ~ ~ Wage Detennination.'Nunib' r~ 86-1253 (R.2) dated September 22, 1987.. i e 8. Attachment No. 8," Wage Detennination, is attached hereto. l. c i l' c , I ..l

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Page 1-l SOLICITATION, OFFER AND AWARD OMB No. 0505-0005 Expiration Date: 05/31/88-

1. TITLE:

Fabrication and installation of customized conference table and video cabinets for the Commissioners'-Hearing Room.

2. CONTRACT NO.

3. SOLICITATION NO.

4. TYPE OF SOLICITATION l

RS-ADM-87-454 Negotiated (RFP)

5. DATE ISSUED 6.

REQUISITION / PURCHASE NO. ADM-87-454 September 17,'1987

7. ISSUED BY

8. ADDRESS OFFER TO

[ All ' proposals should be ' addressed U.S. Nuclear Regulatory Commission as indicated in Block 7, however, Division of Contracts handcarried proposals.(including l Mail Stop AR-2223 Express Mail) must be delivered Washington, DC 20555 to the address in Block 9. NOTE: In sealed bid solicitations, " offer and offeror" mean " bid and bidder". i I SOLICITATION i

9. Sealed offers in original and I signed copies for. furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if nandcarried, in the depository located in Room 2223, Second Floor, 4550

] Montgomery Avenue, Bethesda, Md. 20814, until 2:00 pm local time on October'16. 1987. CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and ] conditions contained'in this solicitation. U

10. FOR INFORMATION CALL: A. NAME: Teresa McLearen B. TELEPHONE NO.: (301) 492-4290. (No ' Collect Calls)

11. TABLE OF CONTENTS 1

PART/SECTION DESCRIPTION l PART I - THE SCHEDULE 1 A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS i C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS l K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS -L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS M EVALUATION FACTORS FOR AWARD EXCEPTION TO STANDARD FORM 33 STANDARD FORM 33(REV-4-85) APPROVED BY GSA/0IRM.6/85 FAR(48'CFR) 23.214(C) l ' A: ._ - J

1 ) i [/ SOLICITATION, OFFER AND AWARD 0FFER (Must be fully completed by offeror) ) / NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is is inserted by the offeror) from the date for receipt of offers specifi accepted within 90 i

to furnish any or all items upon which prices are offered at the price f

above, set opposite each item, delivered at the designated point (s), within the time specified in the schedule.

i

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days

_ Calendar days _1_%

14. ACKNOWLEDGEMENT OF AMENDMENTS (The of feror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents n dated:

AMENDMENT NO DATE AMENDMENT NO DATE I 15A. NAME AND ADDRESS OF OFFER 0R

16. NAME AND TITLE OF PERSON OUNS Code:

Facility: AUTHORIZED TO' SIGN OFFER 07 761 5045 Productior llouse, Inc. Duncan T. Burt, President I g00g' 11ag R 3h021 158. TELEPHONE NO. 8nclu{dd Area Code) (Type or Print) 703-631-8200 15C. ( ) CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM A ADDRESS IN SCHEDULE

17. SIGNATURE:

I

18. OFFER DATE:

c 10-16-87 AWARD

19. ACCEPTED AS TO ITEMS NUMBERED (To be completed by Government)

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITIO

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25:

(4 copies unless otherwise specified) [

24. ADMINISTERED BY

) I (If other than Item 7)

25. PAYMENT WILL BE MADE BY

\\ U.S. Nuclear Regulatory Commission k Division of Accounting and Finance GOV /COM Acounts Section j Washington, DC. 20555 i i

26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERIC

28. AWARD DATE j

i (Type or Print) (Signature of Contracting Of ficer) IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized of ficial written notice. t EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/0IRM 6/85 i

x TABLE OF CONTENTS PAGE SOLICITATION,' 0FFER AND AWARD.... 1 TABLE OF CONTENTS.......................... 3 1 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS.......... 7 B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)............ 7 B.2 LINE ITEMS......................... 7 B.3 CONSIDERATION AND OBLIGATION................ 7 'l l, SECTION C - DESCRIPTION / SPECIFICATION...........-.... 8 / WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987)................ 8 .5 SECTION D - PACKAGING AND MARKING.................. 11 1 j ' ;, 0.1 PACKAGING AND MARKING (MAR 1987).............. 11 SECTION E - INSPECTION AND ACCEPTANCE................ 12 E.1 CLAUSES INCORPORATED BY. REFERENCE............. 12 (FAR 52.252-2) (APR 1984) E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)....... 12 SECTION F - DELIVERIES OR PERFORMANCE................ 13 F.1 . CLAUSES INCORPORATED BY REFERENCE............. 13 L- .(FAR 52.252-2) (APR 1984) F.2 . PLACE OF DELIVERY--EQUIPMENT (MAR 1987).......... 13 l ALTERNATE I-(MAR 1987) l F.3 DURATION OF CONTRACT' PERIOD (MAR 1987)........... 13 -S SECTION G - CONTRACT ADMINISTRATION DATA.............. 14 l G.1 PROJECT OFFICER AUTHORITY (MAR 1987)............ 14 ALTERNATE II (MAR 1987) G.2 METHOD OF PAYMENT- (MAR 1987)................ '14 I G.3 PAYMENT DUE DATE (MAR 1987)................ 16 1 G.4 INTEREST ON OVERDUE PAYMENTS (MAR 1987)....,,.... 16 ALTERNATE I (MAR 1987) G.5 REMITTANCE ADDRESS (MAR 1987)......... 17 SECTION H - SPECIAL CONTRACT REQUIREMENTS............ ;. 18 H.1 KEY PERSONNEL (MAR'1987).................. 18 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)....... 19 H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987).. 19 1 H.4 ORAWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987)...... 19 H.5 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST...... 20 i (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987) H.6 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS..... 22 PART II - CONTRACT CLAUSES..................... 23 SECTION I - CONTRACT CLAUSES................... 23 I.1 CLAUSES INCORPORATED BY REFERENCE............. 23 l (FAR 52.252-2) (APR 1984) L I.2 ANTI-KICKBACK PROCEDURES (FAR ' 52. 203-7).......... 24 I.3. WARRANTY OF SUPPLIES OF A NONCUMPLEX NATURE'.. 26 (FAR 52.246-17)' (APR '1984) l 1. l _x_ ,_ -ne - ___=_u_n_=_. =

i TABLE OF CONTENTS. 'PAGE H I I '. 4 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984)... 28~ j PART III - LIST OF DOCUMENTS, EXHIBITS............... 38 AND.0THER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS................... 38 J.1 ATTACHMENTS (MAR 1987)............. 38' j 1 I PART IV REPRESENTATIONS AND INSTRUCTIONS........ 39 -SECTION K - REPRESENTATIONS, CERTIFICATIONS AND.......... 39 OTHER STATEMENTS OF 0FFER0RS K.1 CERTIFICATE OF INDEPENDENT PRICE............... 39 DETERMINATION (FAR 52.203-2) (APR 1985) f K.2 -CONTINGENT FEE REPRESENTATION AND............. 40 o; AGREEMENT. (FAR 52i203-4) (APR 1984) K3 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987).. '41

l K.4 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984).....

41 l K.5 SMALL BUSINESS CONCERN REPRESENTATION........... 41. l (FAR 52.219-1) (MAY 1986) l K.6 SMALL DISADVANTAGED BUSINESS CONCERN............. 41 REPRESENTATION (FAR 52.219-2) (APR 1984) K.7 WOMEN-0WNED SMALL BUSINESS REPRESENTATION......... 42 ~ (FAR 52.219-3) (APR 1984) c K.8 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS......... 43 (FAR 52.220-1) (APR 1984)' K.9 WALSH-HEALEY PUBLIC CONTRACTS ACT....... 43 REPRESENTATION (FAR 52.222-19) (APR 1984) K.10 CERTIFICATION OF NONSEGREGATED FACILITIES......... 43 (FAR 52.222-21) (APR.1984) l K.11 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS......... 44 (FAR 52.222-22) (APR 1984) K.12 AFFIRMATIVE ACTION COMPLIANCE............... 45 1 (FAR 52.222-25) (APR 1984) j K.13 BUY AMERICAN CERTIFICATE.................. 45 (FAR 52.225-1) (APR 1984) 'i K.14 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987)...... 45 l K.15 CERTIFICATION REGARDING DEBARMENT STATUS (MAR 1987).... 46 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES.......... 47 TO 0FFER0RS L.1 SOLICITATION PROVISIONS INCORPORATED BY.......... 47 REFERENCE (FAR 52.252-1) (APR 1984) L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)......... 47 l L.3 SERVICE OF PROTEST (FAR 52.233-2) (JAN'1985)........ 48-L.4 ACCEPTANCE PERIOD (MAR 1987) ..............,... 48 L.5 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION,. 48 1 (MAR 1987) l L. 6 AWARD NOTIFICATION AND COMMITMENT DE PUBLIC FUNDS-(MAR 1987)'48' L.7 DISPOSITION OF PROPOSALS (MAR 1987)'............. -49 4 L.8 PROPOSAL PRESENTATION AND FORMAT ~ (MAR 1987)....... 49 L.9 ' NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR'1987).. 51 L.10 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)' NUMBER (MAR 1987).. 51 L.11 ESTIMATED DURATION (MAR 1987)....... .o. 51. 4 .4 1 l p$ i ....G., .a... ~~ 2-------L

{ i f TABLE OF CONTENTS PAGE SECTION M - EVALUATION FACTORS FOR AWARD.............. 52 M.1 SOLICITATION PROVISIONS INCORPORATED BY........... 52 REFERENCE (FAR 52.252-1) (APR 1984) M.2 CONTRACT AWARD AND EVALUATION OF PROPOSALS. (MAR 1987)... 52 M.3 EVALUATION CRITERIA (MAR 1987)............... 53 1 1 1 i i l i l 1 i l i I 1 k s wee %,q.wo w- %..* ces e f.=e ~ t y

's e

-t

n. PAGE 6 0FFERORS/ BIDDERS PLEASE NOTE:

)

An (*) means the information is to be incorporated into any resultant contract. lt l n 5 l l' 1 I l l l J 'I y--.,s..

na aucr o, s ay sec t e u. o SECTION 8 - SUPPLIES OR SERVICES AND PRICE / COSTS. 4 'l B.] BRIEF DESCRIPTION OF WORK (MAR 1987) The Contractor shall fabricate and install a customized conference table and four video cabinets. The video cabinets'shall be installed in the ceiling of_ the Commissioners' flearing Room. (End of Clause) B.2 LINE ITEMS Unit-

1. Conference table fabricated and delivered 1

EA. Price -Amount Quanity .$-34,332.00

2. Conference table installed-1 EA $

$ 2,102.00 I

3. Cabinet to house 35-inch cc sr video monitor 4

EA 5 5 42,549.00 i fabricated and delivered

4. Cabinet, housing 35-inch color video monitor 4

EA 5 S' 4,717.00 installed in the ceiling of th.e Commissioners' Hearing Room TOTAL: s_83,700.00 (End of Clause) B.3 CONSIDERATION AND OBLIGATION lhe firm f ixed price of this contract is 5 Payment will be made in accordance with the following completion / delivery and acceptance schedule: Conference table f abricated and delivered. .5 l Conference tabled installed.. .5 Cabinets (4) fabricated and delivered.. .5 Cabinets _ (4), housing 35-inch color video monitors, installed in the ceiling of the Commi s s ione r s ' Hea r ing Room.................. .. l. S (End of Clause) i -)

3, .o S ** .4 1 PAGE 8 RS-ADM-87-456 ~ Section C-1 l 1 SECTION C DESCRIPTION / SPECIFICATION / WORK STATEMENT-

l 1

I .C.1 STATEMENT OF WORK (MAR 1987). q u C.I.1 BACKGROUND < :t 'The United States Nuclear Regulatory Commission (NRC)-intends to consolidate its Headquarters staff,'now housed in eleven (11) locations'in the Washington Metropolitan area, into two buildings,. One' and Two White Flint North,, located at -the intersection. of Rockville Pike and Marinelli Road in Rockville, Maryland. g The Commissioners' Hearing room will occupy the.first' floor at One ( White Flint North. This tiered, high-ceiling amphitheater (s'ee ; i Attachments 4 and 5) will be fully equipped with advanced-audio ') visual systems designed to-overcome the potential acoustical a problems inherent in this innovative approach. This' unique'public hearing room will have monitors suspended from the ceiling to facilitate audience viewing by approximately 100 public and, government spectators (see Attachment 6). ~ Five: Commissioners, A the Secretary of the Commission, and the General Counsel will.be seated at the table described.in the attached drawings (Attachment. 7). Corrsistent with the theme of this new undertaking, the tabl.e will incorporate 8-inch TV monitors recessed below,the table' surface' to be viewed through glass insets. These five monitors (one for a each Commissioner) wil1 display charts, graphs and-text'as'a part ofL ongoing presentations. 1 C.I.2 SCOPE OF WORK 1,; The contractor shall provide equipment, labor and materials-1 necessary for the fabrication and installation of a customized 'j conference table and'four customized cabinets to house'35-inch video Q monitors.(see Attachments 6 and 7), emN Conference table shall feature a steel' frame s'tructure with i brushed stainless. steel' base and trim, supporting a wood; veneer top H su rfa ce,. Plywood'for veneering shall be 3/4-inch AWI premium grade-p with natural. beech veneer face with grain to. match adjoining venee-s. Finish shall be Minwax Company interior woodL finish-#209 with two-j coats matte polyurethane coating. Bullnose edge finish shall be .] l stainless ' steel. No. 3. Fabrication shall comply'with quality.. j standards and specifications established by NAAMM,-" Metal Finishes-Manual," and ASTM' A278, 276, Type 304. Millwork shall comply with AWI premium construction.and finish. j i x -a

l PAGE 9 RS-ADM-87-454 Section C This table shall be fabricated and installed to accommodate the installation of five 8-inch recessed video monitors, audiovisual-componentry, and associated controls which shall require contractor verification and coordination of equipment size and component location with NRC's audiovisual contractor. Three of the four customized video cabinets shall be four-sided cabinets housing three 35-inch color monitors. The fourth cabinet shall be three-sided, housing one 35-inch color monitor. Cabinets are to be constructed with steel frames. Cabinet enclosure finish shall be black anodized aluminum (AA-M43C23A32, Black), 0.30-inch thick. Fabrication shall comply with quality standards and specifications established by NAAMM " Metal Finishes Manual," AA and AAMA. Millwork shall comply with AWI premium construction and finish. NRC's audiovisual contractor will install the 35-inch color video monitors in the cabinets. The contractor shall be responsible for installing the cabinets, with the monitors, in the ceiling of the Commissioners' Hearing room. The contractor shall verify and l coordinate the equipment size and component location with NRC's audiovisual contractor. Task 1 The contractor shall review the attached conference table and video cabinet concept drawings (Attachments 6 and 7). A briefing shall be made to NRC by the contractor three (3) days after contract award, providing the contractor's comments and suggestions on the concept drawings. Task 2 The contractor shall prepare shop drawings and specifications for the conference table and video cabinets. Five (5) copies of the shop drawings and specifications, along with the veneer finish sample shall be submitted to the NRC Project Officer for approval five (5) days after the contractor briefing described in Task 1 above. The NRC Project Officer will provide approval and/or comments within five (5) days of receipt of the shop drawings, j specifications and finish sample. Tas'k 3 The contractor shall fabricate and deliver the conference table and video cabinets in compliance with the standards and specifications l indicated above and in Attachments 6 and 7, coordinating and verifying the video equipment ~ size a'nd location with NRC's audovisual contractor. Task 4 l After the installation of the audiovisual equipment into the f conference table and video cabinets by the NRC's audiovisual contractor, the contractor shall complete the installation of the conference table and shall install the video cabinets, housing the i I

y 2 PAGE-10 RS-ADM-87-454 'Section'C i 35-inch color monitors, into the ceiling of the Commissioners' Hearing Room. 4 C.I.3 INSTALLATION SCHEDULE The final installation of the conference table and cabinet.s shall be completed no 1.ater than 60 days after contract award. ] (End of Clause)- i '1 1 1 l l.! 1 l < i 1 l l 1 4 l l 1 l i 4 A I - ( '. ? :i~'.;,..,_ _,..._.2.... ..-_a t

.o.. 4 u. s pAGE.11' .RS-ADM-87-454' Sectio'n'D ia i 4 ' - 2 SECTION D -' PACKAGING AND MARKING y i i l D.1 PACKAGING AND MARKING (MAR 1987) 4 The Contractor lshall package.' material for shipment to the:NRC_ j f in such a manner that will insure. acceptance by common carrier land. n i HW-safe delivery,at destination. Containers.and: closures:shall comply-H with the Interstate. Commerce Commission'. Regulations, Uniform Freight j Classification Rules, or regulations of 'other carriers:as applicable' to the mode.of transportation. On the.,. front of the package,fthe Contractor shall clearly identify.the contract number under which. the product is being provided.' l '(End of Clause)' i J

q

'l, ,. -l': I t

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!. f f.. M,k 1 N i d a .1 4 l: .i .j _q lj o '\\ 'f. 'J.' . e.5 } + i-} ', ^ *~e_7***qwm-q<~ w --- ~ -- 3y,y "m, e~ ~ -* ? - v~ es.n s - v:.-

J } PAGE 12 l RS-ADM-87-454 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 CLAUSES INCORPORATED BY REFERENCE -i (FAR 52.252-2) ( APR 1984) This contract incorporates the following clauses by. reference. These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES l.c CLAUSE NUMBER DATE TITLE 52.246-2 JUL 1985 INSPECTION OF SUPPLIES-- FIXED-PRICE 52.246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE 52.246-16 APR 1984 RESPONSIBILITY FOR SUPPLIES E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination. (End of Clause) + L i i-1 .-..-__m...

y PAGE 13 1 RS-ADM-87.-454. 'Section F l SECTION F.- DELIVERIES OR PERFORMANCE F.1 CLAUSES INCORPORATED BY REFERENCE-(FAR 52.252-2) ( APR 1984). -5 This contract incorporates the following clauses by reference. .j These clauses have'the same force and effect.as if they were given j M, 'in full text. Upon request, the Contracting Officer will make their- "J -full text available. I. FEDERAL ACQUISITION REGULATION'(48 CFR CHAPTER 1) CLAUSES 1 3 CLAUSE NUMBER DATE TITLE-1 52.212-13.APR 1984 STOP-WORK' ORDER l 52.212-15 APR 1984 GOVERNMENT DELAY OF WORK 52.247-35 APR 1984-F.0.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES I 52,247-54 APR 1984 DIVERSION OF SHIPMENT UNDER-F'0.B.' DESTINATION CONTRACTS F.2 PLACE OF DELIVERY--EQUIPMENT (MAR 1987) ALTERNATE I (MAR 1987) [.. The items to be furnished hereunder shall be-delivered, with L' all charges paid by the Contractor, to: U.S. Nuclear. Regulatory. Commission .l Contract Number: One White Flint North Rockville, Maryland 20852 (End of Clause)- F.3 DURATION OF CONTRACT PERIOD (MAR 1987) -l This contract shall commence on and will expire on-j j j 1 (End of. Clause) i-l l l a-

. ~ - ~ PAGE 14 RS-ADM-87-454 Section G SECTION G - CONTRACT. ADMINISTRATION DATA' G.1 PROJECT OFFICER AUTHORITY (MAR 1987) ALTERNATE II (MAR 1987)

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

i 6

Name: Address: ___* Telephone Number: ___

b.

The Project Officer is responsible for:

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. (End of Clause) G.2 METHOD OF PAYMENT (MAR 1987) a. Payment under this contract will be made.by wire transfer through the Treasury Financial Communications System for each. individual payment in excess of $25,000 and by Treasury check for-each individual payment of $25,000 orsiess. b. In the event that the Contractor's financial ~ institution has access to the Federal-Reserve Com'munications System,.the: 2 Contractor shall forward the following information in writing to the Contracting.0fficer within seven days after the' effective date of the contract.

1) Name and address of' organization.

2) Contact person and' telephone number,

._.___TZ"l? FETE ~._I l_7_T_'_1__lTI'17" Ei " ' ~ i_.j

o y a PAGE-15' .T RS-ADM-87-454 Section G H i

3) Name and addres's of financial institution.

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

-] a

5) Telegraphic abbreviation of Contractor's financial

] institution. ~ ~ i; 1 6)~ Account! number at' Contractor's financial institution. l

7) Signature and title.of person supplying this

.information. 1 c. In the event the Contractor's financial-institution.does not have access to the Federal Reserve Communication System, the Contractor'shall forward the following.information with regard to a ) correspondent or alternate financial institution. The information .I shall be in writing and-submitted to.the Contracting Off.icer within seven days after the effective date of the contract.

1) Name and address of organization.

l 1

2) Contact person and. telephone number.

i

3) Name and address of financial institution.

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

5) Account number at Contractor's financial institution.

6) Name and address of the correspondent financial.

q institution that has access to the Federal Reserve Communications l j System.

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

i 1

8) Telegraphic abbreviation of correspondent financial L*

institution. J i

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

information. l1 d. Any changes to the information furnished under this clause Ia shall be furnished to the Contracting Officer in writing. It is the ] Contractor's responsibility to: furnish these changes promptly to avoid payments to erroneous bank accounts. l s l (End of Clause). _d l W k, 1]il; i

.,.,_.%.,__.__,.~,m.

,,,..a. s _.. y

~ o PAGE'16 RS-ADM-87-454 ~Section G. J G.3 PAYMENT DUE DATE (MAR 1987) a. Progress payments, if authorized..under this contract,: will be due thirty (30) calendar' days after receipt of.a proper invoice in accordance with the attached " Billing Instructions" (See Section i . J for List of Attachments). 'Such payments are solely for financing 'l purposes and shall not accrue interest under the Prompt' Payment Act. i l b.- Payments subject to.the Prompt Payment Act under this contract will be due 30 calendar days after the later'of: 1. The date of actual receipt of a proper invoice in accordance with the attached " Billing Instructions", or l ljj 2. The date the-final deliverable-products /servicesLare' l J accepted by'the Government, or 3. The date the contract expires. c. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar.

)

days' after receipt of the final deliverable product or completion of l performance of all services in accordance with the terms of the' 1 contract. ~i i d. If the final product / service is rejected for failure to ] conform to the technical requirements of the contract, the 1 provisions in paragraph c of this clause will apply to the new delivery of the final product / service. i l (End of Clause) G.4 INTERESTONOVERDUEPAYMENTS(MAR 1987) ALTERNATE I (MAR 1987) ( r_ The F.w.ipt Payment Act,.Public Law 97-177 (96 STAT. 85, 31 l~ USC 1861) is applicable to payments under this contract and requires the payment of-interest to Contractors on overdue payments and improperly taken discounts. p j' b. Determinations of interest due will be'made.in acc ~ dance with the provisions of the Prognpt Payment Act and Office.of f: 4-Management and Budget' Circular A-125, Vol. 47 Federal Reg er L 37321, August 25, 1982. Among other considerations,.OMB Circular ~, A-125 provides that: 1 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 theiterms 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.

i interest rate applicable on the payment date.~ Interest will be l computed from the day after the due date through the payment date. 't arrm me r-

PAGE 17 RS-ADM-87-454 Ssetion G i (End of Clause) G.5 REMITTANCE ADDRESS (MAR 1987) .. i If item 15C. of the Standard Form 33 has been checked, enter i the remittance address below. Name: Address: l l l i n 1 (End of Clause) ) 1 1 l l ^ ! 1 1i J 4 i .i I l l 1 l i h * -n ym gn=ec emoea , = w +&o e{ 6 = r g +v

) m. ? PAGE 18: RS-ADM-87-454 Sect. ion H 1 SECTION H - SPECIAL CONTRACT.' REQUIREMENTS I .i i H.1 KEY PERSONNEL (MAR 1987) a. The following individuals are. considered to be essential-to the successful performance of the work. hereunder. ) s q L< The Contractor agrees.that such personnel shall not be i removed from the contract work or replaced without compliance with paragraphs b and c hereof. i b. If one or more of the. key personnel for.whatever reason becomes, or is expected to become, unavailable for work'under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the' Contractor y shall immediately notify the Contracting Officer and 'shall, subject p^ to the concurrence of the Contracting Officer, promptly replace such l personnel with personnel of at least substantially equal abilitysind qualifications. N ~ c. All requests for approval of substitutions hereunder must ? be in. writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. -'They contain a complete resume for the proposed substitute, andiother l information requested by the Contracting Officer to approve or j disapprove the proposed substitution. The Contracting Officer will evaluate such requests and promptly notify. the Contractor of his/her approval or disapproval thereof in writing. ii3 d. If the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel.who 1

have been reassigned, terminated or have otherwise.become unavailable for the contract work is not: reasonably forthcoming;: or

2) That the resultant reduction of effort would be so substantial as to impair the successful completion of-the contract or the service order, the contract may be terminated by the Contracting Officer for default or for.the convenience of:the Government, as appropriate. If the Contracting.0fficer finds'the u

Contractor at fault for the condition, the contract price or fixed L ls =w.mp * -~3~ ~ - ~ -%v r, r :- ~ m r I

1 I 'PAGE 19 ^ RS-ADM-87-454 Section-H' i j t fee may be equitably adjusted downward'to compensate the Government' for any resultant delay, loss or damage. (End of Clause) H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987) The Contractor shall take all reasonable precautions in the j 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 all applicable health, safety,Eand fire protection regulations and requirements -(including reporting requirements) of the Commission and the Department of Labor. In.the event that the Contractor fails 'j to comply with said regulations or requirements, the Contracting-l 1 Officer, may, without prejudice to any other. legal.or contractual j rights of the Commission, issue an order stopping all or any part of i the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor 1 shall make no claim for an extension of time or for compensation or i damages by. reason of or in connection with such work stoppage. J (End of Clause) H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA.(MAR 1987) j Except as specifically authorind by this contract, or as otherwise approved by the Contracting Of ficer, information and other data developed or acquired by or furnished the Contractor in the { performance of this contract, shall be used only in connection with the work under this contract. .i (End of Clause) H.4 L3AWINGS, DESIGNS, AND SPECIFICATIONS (MAR 1987) All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs,- negatives, reports, findings, recommendations, data and memoranda of every description relating thereto,'as well as all copies of the. foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall'be afforded the Commission by_ the Contractor and its subcontractors), shall.be the property of'the Government and may be used by the Government for any purpose whatsoever without any claim en the part of the Contractor and its. .j subcontractors and vendors for additional compensation and shall, ^t subject to.the right of the Contractor to retain a copy of"said. material for its own use,.be delivered to the Government, or otherwi.se disposed of by the Contractor either as.the Contracting i Officer may from time to time direct during the progress of the work j L or in any event as the Contracting Officer shall direct upon L completion or termination of this contract. The Contractor's right 3 of retention and use shall be subject to the security', patent,-and use of information provisions, if any, of this contract. [ uNE E ____.___l__'__.. ^^ ~ ' ~ ~ I5

PAGE 20' RS-ADM-87-454-Section H (End of Clause) H.5 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987) a. Purpose. The primary purpose of this clause is to aid in ensuring.that the Contractor: '

1) Is not placed on a conflicting role because'of current or planned interest (financial,. contractual, organizational, or otherwise) which relate to the work under this contract, and

2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this ' contract.

gl' b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause. c. Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give r.ise to conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and-employees designated as key personnel, if any, under this contract abide by the provision of.this clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or j l organization may involve a potential conflict of !nterest,' the l Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement. l d. Disclosure after award.

1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this s

contract, it does not have any organizational conflicts of. interest, as defined in 41 CFR 20-1.5402(a). .s

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 i the action which the Contractor has taken or proposes to take to n I avoid or' mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interett of the Government. 1 e. Access to and use of information.

1) If the Contractor in the performance of this contract obtains acces; to information, such as NRC plans, policies, reports, l

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+ ,v, PAGE 21'- RS-ADM-87-454-Section~H' j studies, financial plans, intern'ai data protected by the Privacy Act: of 1974 (Pub. 'L. 93-579), or ~ data which has not been ' released to the. public, the Contractor agrees not to: r 3 (i)' .Use such information.for any private purpose -'until the information has been released,to_ the public;- 1 (ii)- Compete for work for the Commission, based on ] such information-for a period'of six (6) months after'either the; i 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 w 'R le ease the information without prior written. .l ( i v)'. - approval by the Contracting Officer.unless such information has I previously been released to the public by the NRC. -j q .2) In addition, the Contractor agrees that to the. extent it receives or is given access to. proprietary data, data protected-

j by the Privacy.Act of 1974 (Pub..L.,93-579), or.other confidential or privileged technical, business, or financial'information under l

this contract, the Contractor shall. treat such information in I 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 j

g' data it produces under this contract for private purposes provided. l l that all requirements of this contract have been met, f. Subcontracts. Except as provided in 41 CFR 20-1.5402(h), ~ ~ the Contractor shall include this clause, including this paragraph, i in subcontracts of any tier. The terms " contract," " Contractor," l3 and " Contracting Officer," shall be appropriately modified to. preserve the Government's rights, a a 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. "i such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the w Contractor from subsequent contractual efforts, and' pursue other j remedies as may be permitted by law or this. contract. 1

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j l h. Waiver. A request for-waiver unde'r this; clause shall be ~ ' directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures-outlined in 20-1.5411. (End of Clause). aeg e.g.p,. ,,,.y en p.w ne.e,ewm -e

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'PAGE 22-4 RS-ADM-87-454 .Section H -) H.6 DETERMINATION OF MINIMUM WAGES'AND FRINGE BENEFITS j l j) . A. Department of Labor wage' determination is not currently available for'the. service required by this proposal. However,.no service. ' employee employed in the performance of this contract.shall be paid. l less.than the minimum wageLspecified by Section,6(a)(1) of the Fair" Labor Standards Act.- / Each service employee employed in the' performance of.~this contract' by the Contractor or.any sub-contractor shall be paid the minimum 6-monetary wage and'shall be furnished fringe benefits in accordance i with the wages and-fringe benefits under'WagelDetermination Number ] atta'ched hereto-(See Section J List of i dated 3 1 .1 . Attachment). (End of Clause)~ fI l f i i l.1 1 G l l :) ; e 1. d. in ~ l y } ';.j a l l 6 i . ) ? d WGy g.~p, .m ,,-.7_ _ _.. y_. 3,,g.y.r,y. y-.-.. n

e PAGE'23 RS-ADM-87-454 Section I i 1 1 PART II - CONTRACT CLAUSES ] SECTION I CONTRACT CLAUSES - 1 I I ] I.1 CLAUSES INCORPORATED BY REFERENCE y (FAR 52.252-2) (APR 1984) This contract incor'porates the following clauses by. reference. i H l These clauses have the same force and effect as if they were given l in full text. Upon request, the Contracting Officer will make their full text-available. ] I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)' CLAUSES CLAUSE-1 NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT l 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985' RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT l 52.210-5 APR 1984 NEW MATERIAL 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1984 AUDIT -- NEGOTIATION' ~ 52.215-26 JUL 1986 INTEGRITY OF. UNIT-PRICES i l 52.215-33 JAN 1986 ORDER OF PRECEDENCE s 52.219-8 JUN 1985 UTILIZATION OF. SMALL r - BUSINESS CONCERNS AND p.; SMALL DISADVANTAGED l: 7 BUSINESS CONCERNS '52.219-13 AUG 1986. UTILIZATION OF-WOMEN-OWNED SMALL' BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR-SURPLUS AREA CONCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA 4 SUBCONTRACTING PROGRAM 52.222-1 APR 1984 -NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 52.222-20 APR 1984 WALSH-HEALEY PUBLIC-CONTRACTS ACT' 52.222-26 APR 1984 EQUAL OPPORTUNITY. 52.222-35 APR 1984' AFFIRMATIVE ACTION FOR SPECIAL l 1 i m_m._____.

3 '%l ^ i } I PAGE:24" RS-ADM-87-4541 Section I ~ DISABLED AND VIETNAM ERA VETERANS... 52,222-36 APR 1984--AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. 52.225-3 APR 1984 ' BUY lAMERICAN'ACT.-- SUPPLIES 52.227-1 APR 1984 AUTHORIZATIONfAND CONSENT-H 52.227-2' APR'1984 ' NOTICE AND~ ASSISTANCE 1 REGARDING' PATENT AND. . COPYRIGHT INFRINGEMENT ~ c 52.228-5 APR 1984 INSURANCE - ' WORK ON A 4 1 GOVERNMENT INSTALLATION 1 H 52.229-3 APR 1984 FEDERAL,. STATE, AND LOCAL TAXES - 52.229 APR 1984 TAXES --' CONTRACTS-d m. j-PERFORMED ~IN'U.S. q POSSESSIONS OR PUERTO RICO 1 52.232 APR 1984 PAYMENTS; ? ,.a cr 52.232-8 JUL 1985 DISCOUNTS FOR PROMPT' PAYMENT.

/

52.232-11~ APR'1984 EXTRAS-J 52.232-17 APR 1984 INTEREST d l? 52.232-23 JAN 1986 ASSIGNMENTS 0F CLAIMS 4 52.233 APR.1984 DISPUTES ALTERNATE I!(APR 1984)- D 52.233-3' ' JUN 1985 ' PROTEST AFTER AWARD l 52.237-2 ' APR 1984^ ' PROTECTION OF GOVERNMENT ] BUILDINGS, EQUIPMENT,; AND VEGETATION-1 52.243-1 APR 1984 CHANGES l--~ FIXED PRICE ALTERNATE <II (APR 1984) 52.245-1 APR 1984 ' PROPERTY RECORDS: 52.245-2 APR 1984-GOVERNMENT PROPERTY' -l I (FIXED-PRICE CONTRACTS) 52.249-1 APR 1984 TERMINATION FOR CONVENIENCE.0F THE. ' GOVERNMENT (FIXED-PRICE) (SHORT FORM)- 2 52.249-8 APR 1984 DEFAULT (FIXED-PRICE. SUPPLY'AND SERVICE). 52.237-1 APR 1984 SITE VISIT-I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) i (a) Definitions. " Kickback,"'as used in this. clause,'means any y money, fee, commission, credit, gi.ft, gratuity, thing of value, Lor l compensation of any kind which is provided, directly. or indirectly - 1 l to any prime Contractor, prime Contractor employee, subcontractor,. [ or subcontractor.enployee for the purpose of improperly obtaining.or. ( R, ' rewarding favorable treatment'in connection with a' prime c9ntract or" i in connection with a' subcontract relating to a prime contract. ll " Person," as used in this clause,:means a corporation,. l L partnership, business association of any kind, trust,' joint-stock-u L company, or individual. " Prime contract,":as used in this' clause, means a contract or ^ ~ contractual action entered into by the Un.ited States for the purposes of obtaining supplies',. materials,'. equipment,'or' services.of. l any. kind. q 1 " Prime ~ Contractor employee," as.used in this clause,Emeans any l p, officer, partner, employee, or agent of a prime Contractor. J v. [ ( -I',_ 1 i s ,..3 -gn, y, _ }

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PAGE 25 RS-ADM-87-454 Section I l " Subcontract," as used in this clause, means a contract or contractual action entered into by.a prime Contractor or subcontractor for the purpose of obtaining supplies,.. materials, equipment, or_ services of any kind under a prime contract. " Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any ' kind under a prime contract'or subcontract entered into in connection with any such prime contract, and (2). includes any person _who offers.to furnish or furnishes supplies to the prime Contractor or a higher tier subcontractor. d " Subcontractor employee," as used in th.is clause, means any officer, partner, employee, or agent of a subcontractor. (b) The. Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from-- .l (1) Providing or attempting-to provide or offering to provide any kickback; or j (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor. j e (c)(1) The Contractor shall have in place.and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have l 1 i occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the. inspector general of the contracting agency, the head of the contracting . agency if the agency does not have an inspector general, or the Department of Justice. E L (3) The Contractor shall cooperate fully with any Federal. agency investigating a possible violation described in paragraph (b). of this clause. L (4) Regardless of the contract tier at which a kickback was provided, accepted or charged under the-contract in_. violation of paragraph (b) of'this clause, the Contracting Officer may-- .(i) Offset the amount of the kickback againist any monies owed by the United States under this contract and/or (ii) direct that the. Contractor withhold from sums owed the subcontractor, the amount of-f ag- =c ~ -

s PAGE 26 RS-ADM-87-154 Section 1 kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already' offset those monies under subdivision (c)(4)(1) of this clause. In the latter case, the contractor shall notify the Contracting Officer when monies are witheid. (5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract. (End of Clause) I.3 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE f (FAR 52.246-17) (APR 1984) (a) Definitions. " Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for iteself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. l " Correction," as used in this clause, means the elimination of a i defect. " Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the contract. The word does not include " data." (b) Contractor's obligations. (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one. year after Government acceptance-- ' l (1) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all l requirements of this contract; and (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in , ~ transit shall be borne by the Contractor. However, the Contractor's l liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the-same extent as supplies initially delivered. The warranty, with' respect to supplies or parts thereof, shall'be equal

3 _o 3 3

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.PAGE'27 RS-ADM-87-454 Section'I in duration to that in paragraph (b)(1)' of:this clause and shall run from the date of delivery of the corrected or' replaced supplies. (4) All implied warranties of. merchantability and " fitness for a particular purpose" are excluded from'any obligation contained in this contract. (c) Remedies available to the Government. (1) The Contracting Officer shall give written' notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 30 days after discovery of the defect. (2) Within a reasonable time after the notice, the;' Contracting j Officer may eithet -- q ) 1 (1) Require, by. written notice, the prompt correction or. j replacement of any supplies or parts thereof'(including -i preservation, packaging, packing,.and marking) that do not conform-with the requirements of this contract within'the meaning of .j paragraph (b)(1) of this clause; or - (ii) Retain such supplies and reduce the contract price by.'an amount equitable under the circumstan.ces. ~ (3)(1) If the contract provides for inspection.of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-- (A) May, for sampling purposes, group any supplies .3 l delivered under this contract; (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract.for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies-in the same shipment or other supplies contained in other shipments-even though all of such suppifes are not present at the. point-of reinspection; provided, that the supplies remaining are reasonably-representative of the quantity on which warranty action is proposed; and y 0 (D) Need not use the same lot _ size.as on original' g inspection or reconstitute the original ~ inspection-lots. ~ (ii) Within a reasonable time after notice of any'b' reach'of 1 the warranties specified in paragraph (b)(1) of this clause, the. Contracting Officer may exercise one or more of the following options: (A) Require an equitable adjustment in,the contract ' price for any group of supplies. (B) Screen the supplies. grouped for warranty. action un'er d

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4 f' PAGE 28 RS-ADM-87-454' Sec?. ion I this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at locations designated by the Government within the continental United States and to correct or replace all nonconforming supplies. (D) Return the supplies grouped for warranty action.under l this clause to the Contractor (irrespective of the f.o.b.. point or the point of acceptance) for screening and correction or replacement. (4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies a Q from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-- l. (A) Fails to make redelivery of the corrected or replaced j l supplies within the time established for their return; or l (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to' correct or replace them so as to endanger performance of the delivery' schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period'as the Contracting l Officer may authorize in writing) after receipt of notice from.the Contracting Officer specifying such failure. l (ii) Instead of correction or replacement by the Government, l the Contracting Officer may. require an equitable adjustment of the L-contract price. In addition, if the Contractor fails to furnish 4 timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies' for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from l the Contractor, or from the proceeds of such disposal, for.the-i' ! reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights' afforded to the Government by any other clause of this contract. 1 (End'ofC1ause) i 4 I.4 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984). I, (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as' amended (41-U.S.C. 351 et seq.) and is subject to the following' provisions and to all-other applicable provisions of the Act 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 l <3 4 7 *y*1 memo veew a 4 + +unweg e c *

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a o PAGE 29 RS-ADM-87-454 Section Z not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized repret,entative, 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 net listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classifications listed in the wage determination), be classified by the contractor so as to provide a reasonable 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 ,4 the monetary wages and furnished the fringe benefits as are L determined pursuant to the procedures in this section. (The [ information collection requirements contained in the following paragraphs of this section have been approved by the Office of Management and Budget under OMB control number 1215-0150.) (ii).Such conforming procedure shall be initiated by the [ contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed cor, forming action, including information regarding the agreement or disagreement of the authorized representative of the employees-involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class 1 of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single 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 different jobs are rated under Federal pay systems (Federal Wage urrz1__ _ 1 -- - - ^ '~

2 PAGE 30 RS-ADM-87-454 Section I 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 i based on the skill required and the duties performed. 1 (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., I adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contracts which are listed in the current wage determination, and those specified for the i corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in j accordance with this paragraph prior to the performance of contract 1 work but the unlisted class of employees, the contractor shall advise the contracting officer of the action taken by the other procedures in paragraph (b)(2)(ii) of this section need not be followed. 1 (C) No employee engaged ir performing work on this l contract shall in any event be paid less than the currently i l applicable minimum wage specified under section 6(a)(1) of the Fair j l Labor Standards Act of 1938, as amended. l (v) The wage rate and fringe benefits finally determined l l pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be j paid to 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 compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date 2 such class of employees commenced contract work shall be a violation ] of the Act and this contract. (vi) Upon discovery of failure to comply with paragraphs (b) (2)(1) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required' to be paid or furnished thereunder _to service employees shall be subject to adjustment after l year and not less often than' once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division Employment Standards Administration of the 4 (

.c a PAGE'31' RS-ADM-87-454 Ssction I l Department of Labor.as provided in such Act. (c) The contractor'or' subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment of determined. conformable thereto by furnishing.any equivalent' combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in.accordance with the; applicable. rules set forth in Subpart D of 29 CFR Part 4, and not otherwise. 1 (d)(1) In the absence of a minimum wage attachment for.this contract,Lneither the contractor nor any subcontractor under.this l contract shall pay any. person performing work under the contract! (regardless of whether they are service employees)'less'than the' 6 minimum wage specified by'section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision:shall relieve the L! contractor or any subcontractor of any other obligation under law or. 1 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 i 'the.'same amended, under which.substantially the same services were L furnished in the same locality and service employees were paid wages and fringe benefits provided for in a. collective bargaining l agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively. bargained wage rates and j fringe benefits, neither the contractor nor any subcontractor under q this contract shall pay any service employee: performing any of the 1 contract work (regardless of whether or not such employee was.. employed under the predecessor contract), less than the wages and ll_ 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 Section 4.lb(b);of 29 CFR~Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Section 4,10 of 29 CFR Part 4 that the wages and/or fringe benefits provided services of a character similar in'the' locality, or determines, as L provided in Section.4.11 of-29 CFR Part 4, that the collective-bargaining agreement applicable to service employees employed under I L the predecessor contract was not entered into as a result of ' arm's i length negotiations. Where it is found in accordance with the-review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained L in a predecessor contractor's collective _ bargaining agreement are l9 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 l 1ength negotiations, the Department will issue a'new or' revised wage determination setting forth the applicable wage rates and fringe benefits. Such determir,ation shall be made part of the contract or subcontract, in accordance with the decision.of the Administrator, l.; L [ ' z._ m._ . - A.._.:. @. ._:2 _

'^ y PAGE 32 RS-ADM-87-454 Section I j i the Administrative Law Judge, or the Board of Service Contract i 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 a wage determination issued 1 solely as a result of a finding of substantial variance, such i determination shall be effective as of the date of the final i administrative decision. 1 (e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215- 0150.) (f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in building or surroundings or under working conditions provided by or 2 under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish-these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. L (g)(1) The contractor and each subcontractor performing work l subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified l. in paragraphs (g)(1) (1) through (vi) of this section for each employee subject to the Act and shall make them available for I 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 (vi) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under ' OMB control number 1215-0150.): (i) Name and address and social security number of each employee. (ii) The correct work classification or classification, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those

.~ q 3 PAGE 33 RS-ADM-87-454 S:ction I classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Section 4.6(1)(2). (2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. o (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the i Department of Labor and notification of the contractor, shall take I action to cause suspension of any further payment of advanca of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accured. 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 further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter ~ into other contracts or arrangements for completion of the work, I charging the contractor in default with any additional cost. l l ,a 'I -..m,,_...s

j 'PAGE 34 i RS-ADM-87-454 Section I j .i (j) The contractor agrees to' insert these clauses in this section relating to the Service Contract Act of,1965 in;all i subcontracts subject to the Act. The term " contractor" as used in 'l ~ these. clauses in any subcontract, shall be deemed to refer to the ] subcontractor, except in the term " Government prime contractor." q l (k)(1) As used in these clauses, the term " service. employee" l l means any person engaged in the performance of this contract other 1 than any person employed in a bona fide executive, administrative,- L or. professional capacity, as those terms are defined in Part 541 of 1 Title 29, Code of Federal. Regulations, as of July 30, 1976, and any, 1 subsequent revision of those regulations. 'The term " service employee" includes all such persons regardless of any contractual reldionship that may be alleged to exist between a contractor or .q subcoJ ractor and such persons. ) 1 (2) The'following statement is' included in contracts pursuant to section 2(a)(5)'of the Act and is for informational purposes - l: only: The following classes of service employees expected to be i L employed under the contract with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if. so employed,. be paid not less - 1 than the following rates of wages and fringe benefits: I l Employee class Monetary wage-fringe benefits I L L j u-(1)(1) If wages to be paid or fringe benefits-to be furnished .j 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, j together will full information as to the application and accrual 'of such wages and fringe benefits, including any prospective' increases, to servica. 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 t .such agreements or provisions or amendments thereof. effective at. a later time during the period of contract. performance, such agreements shall be reported promptly after negotiation thereof. (Approval by the Office of Management andLBudget under OMB' control number 1215-0150.) (2) Not less than 10 days prior to completion #of any. contract-being performed at a' Federal facility where service employees may' be retained in the performance of the succeeding contract and subject i ,4--..,_

PAG 5'35' RS-ADM-87-454 Section I to a wage determination which contains va' cation or.other benefit provisions based upon length of service with a con-tractor-(predecessor).or successor (Section 4.173 of: Regulations 29 CFR Part 4), the incumbent prime contractor shall furnish to the, contracting officer a certified list of the names of all service. employees on the contractor's or subcontractor's payroll during the11ast month of contract performance. Such list shall'also contain anniversary. dates of employment on the contract either with the current.or' predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor.at-the; commencement of the succeeding contract.'_(Approved by the Officeof. Management and Budget under OMB control number 1215-0150.)' (m) Rulings and' interpretations of the Service. Contract Act of 1965, as amended, are' contained in Regulations, 29 CFR Part 4. (n)(1) By entering into this' contract, the contractor-(and' officials thereof) certifies that neither it (nor he or'she) nor any - person or firm who has'a substantial interest in the. contractor's firm is a person or firm ineligible to be awarded Government-contracts by virtue of the sanctions imposed pursuant to section,5 of the Act. (2) No part of this contract shal1 be. subcontracted toLany person or firm ineligible for award of.a Government contract-l 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-i. l Secretary of Labor, pursuant to section;4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of r Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or menta1' deficiency or injury may be employed at wages lower.than the minimum wages M otherwise required by section 2(a)(1) or~2(b)(1) of the Service Contract Act without diminishing any. fringe benefits or cash ~ payments in' lieu thereof required under section'2(a)(2) of.that Act, in accordance with the conditions and procedures prescribed for'the-employment of apprentices, student-learners, handicapped persons, and handicapped clients'of sheltered workshops under section 14 of-the Fair Labor Standards Act of 1938, in the regulations; issued by. the Administrator (29 CFR Parts 520,^521, 524, and 525). (2) The Administrator will issue certificates under the Service Contract Act"for the employment:of apprentices, student-learners, handicapped persons, or handicapped. clients of sheltered workshops not subject to the Fair _ Labor Standards Act'of' lL og ampagg er e4 ms w fw _ e w am*a-g n 2.yug wes e we.,ge 9 h g 4

PAGE 36 RS-ADM-87-454 Section I 1938, or. subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act 1 of 1938 (29 CFR Parts 520, 521, 524, and 525). .) i (3) The Administrator will also withdraw, annul, or cancel i such certificates in accordance with the regulations in Parts 525 ] and 528 of Title 29 of the Code of Federal Regulations. l (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program j registered with a State Apprenticeship Agency which is recognized by 4 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 j 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 5 determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not.be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the l contract work in any craft classification shall not be greater than I the ratio permitted to the contractor as to his entire work force under the registered program. (q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage requ' red by section 2(a)(1) or section 2(b)(1) of the Act in accordanta with section 3(m) of the Fair' Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however, that the amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour after December 31, 1980. To utilize this provision: L (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; l (approved by the Office of Management and Budget under OMB control L number 1215-0017); (4) The use of such tip credit must have been permitted under j i Z TZ2 ~ ETE~~~ E E~ 7 -I-___ ~ ~

~ ., ~ l . 4 -4. 6 1

PAGE 37'.

RS-ADM-87-454 Section'I-- 1 any predecessor. collective bargaining agreement ' applicable by virtue' of section 4(c) of the Act. J l -(r)' Disputes:concerning-1 Abor: standards. Disputesiarising out. of the labor standards provisions 'of this contract shalli not be- ] subject to the general disputes" clause of this contract. :Such disputes;shall be resolved in,accordance with the' procedures.of.the-j . Department :of Labor set.forth in' 29 'CFR Parts' 4, 6,"and 8. Disputes' 1 4 twithin the meaning of this clausefinclude dis'putes between the' ~ 1 contractor'(or any -of its' subcontractors) and..the contracting I l agency, the U.S.: Department.of Labor, or the. employees.or:their i representatives. , -j - (FDR Temporary Regulation 76)'- ,ss. y 'q s j 'j '? Lj 1 .I j., Li i 0 .'.U. f 9 1 i l-i 1 l .j I k l l 1 .l I } F I > l : i:nik;.,, + 'I t' _\\ .y.- __.#.w... %._.,,,,,

~ a . +. =PAGE 38 RS-ADM-87-454 Section'J. PART III - LIST OF. DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION'J - LIST OF. ATTACHMENTS 4 J.1. ATTACHMENTS-(MAR 1987)- 3 :.1 Attachment Number Title l l 6 1 NRC Contractor Organizational ~ Conflicts of Interest (41 CFR Part 20) l 2 Billing Instructions 3 SF-1411-with' Instructions 4 Drawing of, Design and Dimensions of Commissioners' Hearing Room- ~ 5 ' Drawing of Furnishing / Equipment Plan for Commissioners' Hearing Room 6 Drawing of Design and Dimensions of-Commissioners hearing Room TV Monitor" Cabinets 7 Drawing of' Design.and Dimensions of ob Conference Table for Commissioners' Hearing Room 8 Wage Determination-T \\.. l. 1>? t e l la 41 r 2 l' }. '4 - ._m , t - ..-c. my. .- -m

Lt; Attachment'1 PART 20-1 -- GENERAL e Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec. 20-1.5401 Scope and policy. 1 20-1.5402 De.fini tions. 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. 20-1.5404 Representation. i 20-1.5405 Contract clauses. 20-1.5405-1 General contract clause. 1 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)- 1 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 Comissionto of interest. The NRC achieves this objective by requiring all prospective contractors to submit infonnation describing relationships, if any, with organizations or persons (including those regulated by.NRC) which may-l give rise to actual or potential conflicts of interest in the event of i 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 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~. i policy guidance. The ultimate test is: Might.the contractor, if' awarded the con;.ract, 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 to contractors and offerors only. ' Individuals or firms who have other relat'ionships with NRC (e.g., parties to a' licensing proceeding). are 'not- .l covered by this regulation. This rule does not' apply to=the acquisition of consulting services through the personnel appointment' orocess, NRC

U i j 7590-01 ] agreements with other government agencies, international organizations. or state, local or foreign governments; separate procedures for avoiding conflicts of interest will. be employed in such ' agreements, as appropriate. 120-1.5402 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 performed under an NRC contract which: (1) May diminish its capacity to give: impartial, technically i 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, j

of a technology, process. - product, or policy. (d) " Technical-consulting and management support services" means internal assistance to a component.of the NRC.in the formulation or l administration of its programs, projects, or policies which normally require the contractor to be given access to information.which has not= 1 been made available to the public or proprietary infor1 nation. Such-services typically include assistance in the preparation'of program plans; arid 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). 1 (f) " Contractor" means any person,. firm, unincorporated association, l joint venture, co-spons,or, partnership, corporation, affiliates thereof, 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 'l 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 51-1.606-1(e)). J (h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the'NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less. l ) (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 i (identified in the proposal), proposed consultants, or subcontractors', submitting a bid or proposal, solicited er ' unsolicited, to the NRC to obtain a contract. I 2

a n 7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract. The term

potential conflict of interest" is used to signify those situations which merit investigation prior to contract award-in order to ascertain whether award would give rise to an actual conflict or which must be. reported to the contracting officer for investigation if they arise during contract performance.

5 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two' questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1) Are I there conflicting roles which might bias a contractor's judgment in~ relation to its work for the NRC7 (2) May the contractor be given an-unfair competitive advantage based on the performance of the contract?. The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of connon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to 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 information 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 aren to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or,imilar 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 rarketing. (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.

q q 7590-01 (2) The' contracting officer may. request. specific infomation from i an offeror or contractor or may require special contract provisions such as provided in. 520-1.5405-2.in.the following circumstances: (i)' Where the offeror.or: contractor prepares. specifications which are to be used in competitive procurement of products or. services covered by such specifications. (ii) Where.the offeror or contractor' prepares plans for specific' approaches or methodologies that are to be. incorporated into competitive' l 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 - infomation of its competitors. (v) Where the award of a contract might othemise result in placing the offerer or contractor in a conflicting role in which'its' judgment may be biased in relation to its work for the NRC' or may othemise-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 a request'for proposal'(RFP), proposes to undertake certain analyses of a reactor component as called for.inf the RFP. The XYZ Corp. is one of several' companies l considered.to be' technically well qualified. In response to the inquiry in the RFP. the-XYZ Corp.. ~) advises that it is currently performing similar analyses for~ the reactor manufacturer. Guidance. An NRC contract for that particular work normally would' not be awarded to the XYZ Corp. because it would be.placed'inta 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_ perfom 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.bestl qualified: company to perform the work outlined in the RFP.: i 4.' '):

7590-01 1 c. 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-i 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 comercial 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 canLdevelop 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 decitions; affect the'- reactor's design and thus the company's costs. Guidance. This situation would place the manufacturer in a role Lin which its' judgment could be biased in relationship.to its work for'NRC. Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver. of the policy may be warranted. Any such waiver shall be fully documented H 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 evaluating a specific reactor component's performance for.the purpose of. developing standards that are important to the NRC program. 'The ABC' Co. has advised NRC that it intends to sell the new system to industry once 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. Information which is reported to NRC-ky. contractors 1 will normally be disseminated by NRC.to others so as to precluoe an unfair competitive' advantage that might otherwise accrue. When NRCl furnishes information to the contractor for the performance.of. contract-work, it shall. not be used. in the-contractor's private activities unless. 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'information developed under the: ~ contract is proposed to be used. -s- - l g

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 doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic a*ea contemplated by the NRC study. Guidance. The contracting officer would nomally 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 5 20-1.5405-1(c) would preclude ABC Corp from accepting work during the tem of the NRC contract which could create a conflict of interest. (d) Other considerations.- (1) The. fact that the NRC can identify and later avoid, eliminate, or neutralize any potential. organizational conflicts arising from the performance of a contract is not relevant.to a determination of the existence of such conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is' not involved, or that a contract is awarded on a compet:itive or a sole source basis. 120-1.5404 Representation (a) The following procedures are designed to assist'the NRC contracting officer in detemining whether situations 'or relationships exist which may constitute organizational conflicts of ini;erest 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 9reviously been submitted with regard to the contract being modified, only an updating.of such statement shall be required. ).

75h0-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION 1 represent to the best of my knowledge and belief that: l The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships l of the type set forth in 41 CFR'l20-1.5403(b)(1). l L._' (c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR l 120-1.5403(b)(1) are involved, or the contracting officer otherwise 1 determines that potential organizational conflicts exist, the offeror l shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer detemines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate l conditions which avoid such conflicts, (ii) disqualify the offeror, or i (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 j i20-1.5411. (2) The refusal to provide the representation required by 5 20-l 1.5404(b) or upon request of the contracting officer the facts required i 3 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 i such nondisclosure or misrepresentation is discovered after award, the I resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract. (d) The offeror may, because of actual or potential 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 i NRC considers the proposed excluded work to be an essential or integral i part of the required work and its exclusion would work to the detriment' i of the competitive posture of the other offerors, the proposal must be j l rejected as unacceptable. l I (e) The offeror's failure to execute the representation required j by subsection (b) above with respect to invitation for bids will be j l considered to be a minor informality, and the offeror will be permitted l l to correct the omission. j i 5 20-1.5405 Contract clauses l 5 20-1.5405-1 General contract clause I ! I 1

7590-01 All contracts of the types set forth ini 20-1.5404(b) shall inclu'de. the following clauses: (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role or otherwise) which relate' to the work under this contract, and (ganizaticnal, because of current or. planned interest (financial, contractual, or 2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 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 performed under this contract.~ The contractor shall ensure that all. employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this. clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may, involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting' officer prior to execution of such contractual arrangement. (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 immediate and full disclosure in writing to the contracting officer. This statement shall include a description of the action which the. contractor has taken or proposes'to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for. convenience if it deems such termination to be in the best interests of the government. 4 (e) Access to and use of.information. (1) If the contractor in the performance of this. contract obtains access:to infomation, 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 go: (1) Use such information for any private purpose until the information has been released to the public; (ii) compete.for work for the Comission based .g.

~, i 7590-01 i on such information for a period of six (6) months after either the completion of this contract or the release c' such information to the public, whichever is first (iii) submit an unsolicited proposal to the. government based on such information until one i; ear after the release of such information to the public, or (iv) release the information without l prior written approval by the contracting of ficer 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 l technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the informatir.n. (3) The contractor shall have.-subject to patent and security I provisions of this contract, the right to use technical data it produces l under this contract for private purposes provided that all requirements of this contract have been met. I (f) Subcontracts. Except as provided in 41 CFR 5 20-1.5402(h), the l contractor shall include this clause, including this paragraph, in i subcontracts of any tier. The terms " contract," " contractor," and l " contracting officer,"'shall be appropriately modified to preserve the l government's rights. (g) Remedies. For breach of any of the above proscriptions or for i intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad f aith, the government may terminate the contract for default, disqualify the contractor from l I subsequent contractual efforts, and pursue other remedies as may be b permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in520-1.5411. 5 20-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with $20-1.5411, neutralized through the use of an appropriate special contract provision. If appropriate, the offeror may negotiate the terms and conditions of these clauses,. including the extent and time period of any such restriction. These provisions include > but are nnt limited to: 7590-01 c'! '(1) Hardware exclusion clauses'which prohibit the acceptance of. production contracts following a related nonproduction contract previously 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 4 (4) Clauses,which provide for protection o'f confidential data 'and guard against its unauthorized use. (b) The following. additional contract clause may be included as section -(i) in the' clause set forth in 5 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. participate in NRC contracts, subcontracts, or proposals therefor (solicited. or unsolicited) which stem directly from'the. contractor's' performance of ~ work under this contract. Furthermore,.unless so directed in writing by the contracting officer, the contractor shall not' perform any technical consulting or management' support services; work or evaluation activities under this contract on any of.its products or services'or the products or services of another firm if the contractor has been substantially involved in the' development or marketing'of such productsLor services. (2) If the contractor under this contract prepares a. complete or essentially complete statement of work or' specifications, the contractor shall be ineligible to perform or participate in the. initial. contractual effort which is based on such statement of work or' specifications.7 The contractor shall not incorporate its products or. services in such statement of work or specifications unless so directed in writing by. the contracting officer, in which case the restriction in this subparagraph shall not apply. (3) Nothing in this paragraph shall preclude the contractor from I 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 520-1.5404(b) i and other relevant information. After evaluating this information agains't the criteria of i 20-1.5403, a finding wi.11 be made'by the contracting-officer whether organizational.. conflicts of interest exist with respect j to a particular offeror. If it has oeen determined that conflicts of-interest exist, then tne contracting officer shall eitner: 1 (a) Disqualify,tne offeror from award, 10 3

7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 5 20-1.5411. 120-1.5407 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 $20-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict. L20-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to-submit ~a representation statement in accordance with 520-1.5404(b) from subcontractors and consultants. The contracting officer 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 Waiver i in the first instance, determination with respect.to the need to seek a waiver for specific contract awards shall be made by the contracting i officer with the advice and concurrence of the' program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and af ter consultation with the Office of the General Counsel, 'the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so. Such' action shall be strictly limited to those situations in which: (1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and.(3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval oocuments shall be placed in the Public Document Room. _ _ - _ _ _ _ _ _ _

i 7590-01 i 620-1. 5412 Remedies In addition to such other remedies'as may be permitted by law or i contract f6r a breach of the restrictions in this subpart or for any intentional. misrepresentation or intentional nondisclosure of any re, levant interest required

to be provided for this section, the NRC 1

may deoar the contractor from subsequent NRC contracts. Dated at Washincton. D.C this 27th day of Ma'rc h 1979. For the Nuclear Regulatory Commission k S' i Samuel . Chilk Secretary of the Commission j ) I ) 4 I l 12

4 1l. (REVISED, 4/87) BILLING INSTRUCTIONS FOR FIXED PRICE l . CONTRACTS-AhD PURCHASE ORDERS s 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 Youcher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Order Other. Than Personal -- Continuation Sheet." These forms are Washington, DC 20801.- j available from the Government Printing.0ffice, 701 North Capitol Street, ) i Number of Copies and Mailing Address. An original and six copies shall be submitted to NRC offices identified below. Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products deli'vered in performance of the contract unless otherwise specified in the contract. ] -Preparation and Itemization of the Voucher. The voucher shall be prepared. in tnk or typewriter (without strikeovers) and' corrected or erasures must be l initialized. It must include the following: ) 1 (a) Payor's name and address. (i) Address the-original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting and Finance, ATTH: GOV /COM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U.S. Nuclear 4 l Regulatory Commission ATTN:'E. L. Halman, Director, Division of. l Contracts. Washington, DC 20555. (iii) The' original copy of the J voucher should indicate-that (2) copies have been forwarded to the l Contracting Officer. (b) Youcher number. l-l (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.) l-(f) Descriptier. cf articles or servicas, quantity, unit price, and' !~ total' amount. \\ i e i f

4 i $r-. (g) Weight and zone of shipment, if shipped by' parcel post. (h). Charges for freight or express shipments, and attached prepaid-bill, if shipped by freight or express. (1) Instructions to consignee to notify Contacting Officer of. receipt - of shipment. (j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency nonna11y used by the l contractor in maintaining his accounting records and payments will be made .in that currency. However, the U.S. dollar equivalent for all invoices l paid under the contract may not exceed the total U.S. dollars authorized in-the contract.

1..

.l f M q I . 1 l l i l-l a _ _ _a

-, -- - ~

1. SOLICI T A IION/ CON T H AC T/h.OOl F ICA T ION F OHM APPHOVEO CONTRACT PRICING PROPOSAL COVER SHEET.

k - " 8 '" - 3090-0116 ,. NOTE: This form is used in contract actions if subrnission of cost or pricing data is required. (See FAR IS.804 6fbH

3. N AME AND AOORESS OF OF FEROH (include ZIP Codej 3A. N AME AND T 4 T LE OF OF FEROH'S POIN T

30. T ELEPHONE (dO, i

OF CONT ACT i l l

4. TYPE OF CONTRACT ACTION (Check) l A. NEW CONTR ACT D. LETTE R CONTRACT

8. CHANGE ORDER E. UNPRICEO ORDE R C. PRICE REVISION /

REDETE RMIN ATION

3. V YPE OF CON TR ACT (Check)

6. PROPOSED COST (A+B C)

FFP CPFF CPlF CPAF A. COST B. PROFI T/F EE C. TOT AL [ FPI OTHER (Specify) Y. PLACE (S) ANO PERIOO(S) OF PERFORMANCE

8. List and reference the identification, quantity and total price proposed for each contract line item. A line item cost breakdowrj supporting this recap is re.

Guired unless otherwise specified by the Contracting of ficer. (Continue on reverse, and then on plain paper, if necessary. Use same headines.) - c A. LINE ITEM NO. B. IDENTIFICATION C. OUANTITY O! TOTAL PRICE E. REF. ) l l i l i I l l l \\ l l l l l l

9. PROVIDE NAME, ADDRESS, AND TELEPHONE NUMBER FOR THE FOLLOWING (if available)

A. CONTR ACT ADMINISTR ATION OFFICE B. AUOR T OFFICE '~ N i l l l

10. WILL YOU REQUIRE THE USE OF AN V GOV E RNMENT PROPER TY 11 A. 00 YOU REQUIR E GOV ERN.

118. TYPE OF FINANCING u oneI l IN T H E PE R F O R M ANC E OF THl$ WO R K ? (1/ "Yes." uf en tify) MENT CONTR ACT FINANCING TO PERFORM THIS PROPOSED ADVANCC PROG R ESS ' 3 C N AC T ? (1/ "Yes," comple te PAYMENTS PAYMENTS - ) YES NO YES NO GUARANTEED LOANS l l

13. HAVE YOU BEEN AWAROEO AN Y CONTRACTS OR SU8 CONT R ACTS 13. IS THIS PROPOSAL CONSISTENT WITH YOUR ESTABLISHED ESTi.

f FOR THE SAME OR SIMILAR ITEMS WITH4N THE PAST 3 YEARSP MATING AND ACCOUNTING PR ACTICES ANO PROCEDURES AND j (If "Yes." uten tify itom(s), customer (s1 and con tract num ber(s)) FAR PART 31 COST PR(NCIPLES? (if "No," esplain) YES NO YES NO l 1 1 l

14. COST ACCOUNTING STANDARDS BOARD (CASB) DATA (Public Law 913 79 as amended and FAR PA RT 30)

A. WILL THIS CONTRACT ACTION BE SUBJECT TO CASB REGULA. B. HAVE YOU SUBMITTED A CASB OISCLOSUR E STAT EMEN T T DONS 1 (If "No," explain in proposall (CASB DS. A or 23 9 (If "Yes."specify in proposal the offsce to which submitted and if determined to be adequate) hYES 0"o ONO vES C.HAVE YOU BEEN NOTIF#ED THAT YOU ARE OR MAY BE IN NON. O,15 ANY ASPECT OF THIS PROPOSAL INCONSISTENT W4TH YOUR COMPLf ANCE WITH YOUR OfSCLOSURE STATEMENT OR COST OtSCLOSED PR ACTICES OR APPL 6 CABLE COST ACCOUNTING ACCOUNT lNG ST ANDARDS? (If " Yes,"esplein in proposall ST AN DA R OS? (!( "Yes." esptain in proposall bNO YES YES NO l This proposal is submitted in resoonse to the RFP contract, modification, etc. in item 1 and reflects our best estimates and/or actual costs as of this date. l

15. NAME AND TITLE (Type)

16. N AME OF F e RM l

l 17 S4GNATURE

18. DAT E OF $UOMISSION j

l l l NSN 7540-01-142-9845 1411101 STANDARO FORM 1411 (10 83) - n- - _ _ _ _ _ _ _ _ _ _ _ WGWOGM M N '

l 1 1 i STANDARD FORM 1411 WITH INSTRUCTIONS 1. SF 1411 provides a vehicle for the offeror to submit to the Government a - 1 pricing proposal of estimated and/or incurred costs by contract line item j with supporting in forma tion, adequately cross-refe renced, suitable for i detailed analysis. A cost-element breakdown, using the applicable format prescribed in 7A, 8, or C below, shall be attached for each proposed line item and must reflect any specific requirements established by the l Contracting Officer. Supporting breakdowns must be furnished for each cost element, consistent with offeror's cost accounting system. When more than one contract line item is proposed, summary total amounts covering all line items must be furnished for each cost element. If 3 agreement has been reached with Government representatives on use of forward pricing rates / factors, identify the agreement, include a copy, and describe its nature. Depending on offeror's system, breakdowns shall be provided for the following basic elements of cost, as applicable: Materials - Provide a consolidated priced surmiary of individual material quantities included in the various tasks, orders, or contract line items being proposed and the basis for pricing (vendor quotes, invoice prices, etc.). Subcont rac ted Items - Include parts, components, assemblies, and services that are to be produced or performed by others in accordance with offeror's design, specifications, or direction and that are applicable only to the prime contract. For each subcontract over 5500,000, the support should provide a listing by source, item quantity, price, type of. subcontract, degree of competition, and basis for establishing source and reasonableness-of price, as well as the results of resiew and evaluation of subcontract proposals when required by FAR 15.806. Standard Commercial Items - Consists of items that offeror normally fabrica tes, in whole or in part, and that are generally stocked in. i invento ry. Provide an appropriate explanation of the basis for pricing. If l price is based on cost, provide a cost breakdown; if priced at other than cost, provide justification for exemption from submission of cost or pricing data, as required by FAR 15.804-3(e). 1 Interorganizational Transfer (at other than cost) - Explain pricing method used. (See FAR 31.205-26). Raw Material - Consists of material in a form or state that requires further l processing. Provide priced quantities of items required for the proposal. Purchased Parts - Includes material items not covered above. Provide priced j quantities of items required for the proposal. Interorganizational Transfer (at cost) - Include separate, breakdown of cost l by element.

4. t Direct Labor - Provide a time-phased (e.g., monthly, quarterly, etc.) breakdown of labor hours, ra tes, and ' cost by appropria te category, and furnish bases for estimates. Indirect Costs - Indicate how offeror has computed and applied of fe ror's indirect costs, including cost breakdowns, and showing trends and budgetary - data, to provide a basis for evaluating the reasonableness of proposed ra te s. Indicate the rates used and provide an appropriate explanation. Other Costs - List all other costs not otherwise included in the categories described above (e.g., special tooling, travel, computer and consultant services, preservation, packaging and packing, spoilage and rework, and Federal excise tax on finished articles) and provide bases for pricing. Royalties - If more than $250, provide the following information on separate page for each separate royal ty or license fee: name and address of l~ licensor; date of license agreement; patent numbers,. patent application serial numbers, or other basis on which the royalty is payable; brief description (including any part or model numbers of each contract item or i component on which the royalty is payable); ' percentage or dollar rate of l royalty per unit; unit price of contract itu; number of units; and total dollar amount of royalties. In addition, if specifically requested by the Contracting Officer, provide a copy of the current license agreement and identification of applicable claims of specific patents. (See FAR 27.204 ~ and 31.205-37). l Facilities Capital Cost of Money - When the offeror elects to claim l facilities capital cost of money as an allowable cost,.the offeror must x submit Form CASB-CMF and show the calculation of the proposed amount (see FAR 31.'205-10). 2. As part of the specific information requ' ired, the offeror must submit with. offeror's proposal, and clearly identify as such, cost or pricing ' data (that is, data that are verifiable and factual and otherwise as defined at FAR 15.801). In addition, submit with of fero r's proposal any information reasonably required to explain offeror's estimating process, including; a. The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and b. The nature and amount of any contingencies included in the proposed price. 3. There is a clear distinction between submitting cost or pricing data and ', merely making available books,

records, and other documents without identification.

The requirement for submission of cost or pricing data is met when all accurate cost or pricing. data reasonably available to the offeror have been submitted, either actually or by specific identification, to the Contracting. 0fficer or an authorized representative. As later informa tion comes into the offeror's possession, it should~ be ' promptly submitted to the Contract ng Officer. The requirement for submission of cost or pricing data continues to the time of final agreement on price. l

w 4. In submitting o f feror's proposal, 'offe ro r ' must include - an' 'index,. appropriately. referenced, of 'all.. the cost or pricihg data-- and 'information y accompanying or ' lidenti fied in the proposal. In ~ addition,s any' future additions and/or revisions, up to the date of. agreement on price, must be l annotated on a supplemental index. 5. By submitting. offeroris propos'al, the offeror, if selected for negotiation ~,- grants, the Contracting Officer or an authorized representative,the right.to, d examine those books, records, documents, arid other supporting data that'will permit adequate evaluation of the proposed ; price. - This' right.7may. be - 3 exercised at any timebefore award. l 6. As soon as ' practicable after final ' agreement on price, but before the award ' resulting from the proposal, the offeror shall, under the conditions '. stated. i L in FAR.15.804-4;. submit a Certificate of Current' Cost or Pricing Data.. 7. fleadings <for Submission of Line-Item ' Summaries: A. New Contracts (including Letter contracts). L Proposed Contract Proposed Contract. Cost Elements Estimats-Total Cost Estimate-Unit. Cost-Reference 1 4 (1) (2) (3) (4) 1 l-Under Column (1) - Enter appropriate cost elements. l Under Columo- (2) - Enter those necessary and. reasonable ~ cos'ts! that :in .l of feror's judgment 'will properly be incurred :in : efficient contract performance. When any of the. costs in this. column have. ~already.;been I incurred (e.g.,-.. under a letter contract or,. unpriced order), j describe them on an attached supporting sch' dule. When.--reproduction or startup e costs are significant, or when specifically requested to do so by' the Contracting Officer, provide a - full identification and explanation of L them. i Under Column (3) - Optional, unless required by the Contracting Officer. j Under Column (4) . Identify. the attachment in 'which the infonna tion. supporting the specific cost element :may be found. Attach ; separate j pages as necessary. i l i ~ 1 _a

. 7,, - .i 8. Change Orders-(modifications)'. Cost Of. Estimat'ed' ' Deleted Cost of All Work Cost Work Already Net Cost To-Cost Of' Net Cost Of. Elements Deleted Performed: Be Deleted-Work Added Change'.. Referenc'e (1). (2): - (3 ) -. '(4)- (5)- L(6) (7). 1 i i J m Under Column ~(1) - Enter appropriate cost elements'.. J '} Under Column (2) - Include (i) current estimates of what the cost would ] have been to: complete deleted-work :not' yet perfonned, and (ii)' the cost; ' l, of deleted work already performed. x l l Under Column (3) -. Include. the11ncurred ' cost.of Ldeleted work al ready..- ) performed, actually -computed' if L possible, or, estimated-. in the '~g I' Contractor's accounting records..- Attach a' detailed inventory 1of work, materials,

parts, components,

' and hardware already. purchased, I manufactured, or performed and deleted iby the change, ' indicating the: l cost ' and proposedi. disposition ' of each line item.. Also, if offeror j desires to retain. these - items or any ' portion ofithem, indicate the amount offered for them. Under Column (4). - Enter the ' net ' cost' to. be::deletid..which is the 0 L estimated cost-of all deleted work less the~. cost'of deleted work already" performed.,, Column (2) less Column (3) = Column (4). l Under Column (5) - Enter the. offeror's 1 estimate ' for. cost of work ~ added by the change. When nonrecurring costs. are~ significant, or ' when specifically requested to do. so bylthe Contracting' Officer, provide ' full. identification and' explanation of.them. Under Column (6) - Enter 'the net'. cost ~ of change' which is the cost of - work added, less the net ' cost to be ' deleted. When. this result is negative, place the amount in parentheses. Column (4)Lless. Column.(5) = Column (6). Under Column (7) Identify the attachment. in. which the information' i supporting the specific cost ' element-may be found.. Attach: separate ' 4 pages as necessary. a

4 m____.

_w__..

n i 'l C. Price Revision / Redetermination a Number of Number of Redetermine-Units Units To Be Contract tion Proposal Cutoff Date Completed Completed Amount Amount Difference (1) (2) (3) (4) (5) (6) i e Incurred Incurred Incurred I Cost-Cost-Cost-Total Estimated l Cost Preproduc-Completed Work In Incurred Cost To Estimated Elements tion Units Process Cost Complete Total Cost Reference (7) (8) (9) (10) (11) (12) (13) '(14 ). l l Under Column (1) - Enter the cutoff date required by the contract, if applicable. I l Under Co.lumn (2) - Enter the number of units completed during the period for which experienced costs of production are being submitted. l Under Column (3) - Enter the number of units remaining to be completed under l the contract. x \\ ) Under Column (4) - Enter the cumulative contract amount. 1 Under Column (5) - Enter the offeror's reifetermination proposal amount. Under Column (6) - Enter the difference between the contract amount and the redetermination proposal amount. When this result is negative, place the amount in parenthesis. Column (4) less Column (5) = Column (6). 4 Under Column (7) - Enter appropriate cost elements. When residual inventory

exists, the final costs established under fixed-price-incentive and fixed-price-redeterminable arrangements should be net of the fair market value of such inventory.

In support of subcontract costs, submit a listing I of all subcontracts subject to repricing action, annotated as to their status. Under Column (8) Enter all costs incurred, under the contract before starting production and other nonrecurring costs (usually referred to as ' startup costs) from offferor's books and records as of the cutoff date. These include such costs as reproduction engineering, special plant rea rrangement, training program, and any identifiable ' nonrecurring' costs such as initial rework, spoilage, pilot runs, etc. In the event the amounts i are not segregated in or otherwise available. from offeror's records,- enter in this column offero r's best estimates. Explain the basis for each' estimate and how the costs are cha rged on offeror's accounting records l

i. '(e.g... included in p'roduction costs as ~ direct engineering' labor, chargedito manufacturing overhead, 'etc. ). Also.how the. costs would' be' allocated to. the units at their various ' states ofz contract completion. Under. Columns (9) and (10) . Enter -in. Column (9)' the production costs from" offeror's books and records (exclusive of ' reproduction ' costs freported in: Column (8) of the units completed as, of the cutoffE date. Enter in Column- ? (10) the costs - of work in process as determined from offeror'si records ;or - inventories' at the cutoff' date. : When the amounts ; for work in process., are not available in Contractor's records but rel.iable estimates.for them can b'e' made, enter the estimated amounts'in Column (10) Land enter in. Column'(9)~the differences ' between the total' incurred costs l (exclusive ~of. reproduction costs) as of the cutoff date and these estimates... Explain the basis Lfor ther estimates, including identification.of any : provision' for - experienced or. anticipated allowances, -such.'as. shrinkage,: rework,. design ~ : changes,. etc. Furnsih experienced unit 'or'. lot costs -(or. laborL hours) from inception of ' l contract to the cutoff date, improvement. curves,L and any other available ~ production cost - history pertainingi to.the. item (s) to which offeror's ' proposal relates. H Under Column '(11) - Enter total, incurred costs' (Total of-Columns ('8), (9), and (10)). Under Column (12) - Enter - those necessary' and reasonable : costs 'that' in ~ Contractor's judgment' will properly be incurred in completing. the remaining work to be performed under the contract with respect-to the item (s) to which ' Contractor's. proposal relates. Under Column (13) - Enter total. estimated cost J(Total.of Columns (11) and (12)). Under Column ('i4) - Identi fy the attachment in which the information' ] supporting the specific cost element may be found. Attach separate pages as R necessa ry. l l I / E e e l l 3. _aw-----Y_A u-x_ .-___a----

4 i r t 0 ] x OVERSIZE ? ' DOCUMENT H PAGE PULLED l m.. SEE APERTURE CARDS NUMBER OF OVERSIZE PAGES FILMED ON APERTURE, CARDS ~ APERTURE CARD /HARD COPY AVAILABLE FROM RECORD SERVICES BRANCH,TIDC' FTS 492-8989 I i i 1-t :' .)-

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ML20236R642

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